The Gavel: the official newsletter of the Georgia Council of Probate Court Judges [Vol. 16, No. 2 (Summer 2009)]

THE GAVEL

The Official Newsletter of the Georgia Council of Probate Court Judges
Volume 16, Number 2

Summer 2009

MESSAGE FROM THE PRESIDENT

The time has really flown since taking my oath as your President five months ago and a lot has occurred since taking office. It has been a year of questions, arising issues and trying to figure out new solutions. All these things have happened from the State level down to our local governments. Budget talks, rethinking how we operate, what do we really want to accomplish, is it necessary, is this a need or a want, just because we've always done it this way, is this the best way? Questions, questions, questions, from every level of government. Chief Justice Carol Hunstein, confided in me what I have ask myself many times this year; "Of all the years to be Chief Justice, why this year?" Of all the years to be President of the Council of Probate Judges, why this year? I have never seen economic times such as this in my lifetime; it's so hard to accomplish anything! Because of budget restraints on the Federal, State and Local levels we ALL have had to change our way of thinking and cut back in areas that have never been questioned in the past. Budget restraints do have a

positive outlook sometimes, they require us to think outside the box, make us aware of how much waste we consume each day and allow us to be open minded and creative.
Due to budget restraints this year we have had to cut back training, we are not able to reimburse every Probate Judge for Strategic/Implementation Meeting, therefore only the Executive Committee, Standing Committee Chairs, District Directors and Goal/Team Members will be able to be reimbursed. Steve Hagan with Northhighland will continue to work with us this year to implement our Strategic business plan.
I am working very closely with Judge Kelley Powell, Training Council Chair and taking a good long hard look at our training, researching with an open mind what is the best training for Probate Judges across the State, training that would bring great

benefits to every judge no matter what their jurisdiction.
From serving on the Judicial Council of Georgia, it has been an unbelievable year. Ranging from talks about suing the Governor to discussing retention schedules that would be the same for each class of court. Taking a look at our Uniform Rules and having those Rules in place and ready for operation by year-end 2010.
Judge Bill Self is currently working on our Revised Probate Judges Handbook, I have had the privilege to take a peek at his handy work and I am amazed at the material that he has included and the matter in which he has laid out the Handbook. As I have shared with Judge Self and others he is truly gifted in the area of teaching and Probate Judges across this State will greatly benefit from this book for years to come. A very special thank you to Judge
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Table of Contents
Executive Committee Minutes . . . . . . . . . . . . . . . . . . . . . . . . . .2 Condolences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 NCPJ Spring 09 Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 AOC in New (Familiar) Hands . . . . . . . . . . . . . . . . . . . . . . . . . . .8 COAG Conference Registration . . . . . . . . . . . . . . . . . . . . . . . . .10 Save the Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

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Probate Judge Executive Committee Minutes

The Georgia Center, Athens Georgia April 15, 2009,

(This is a synopsis of the meeting minutes. A complete version is available upon request)
Approval of Minutes The minutes from the January 27, 2009 meeting at the Sheraton Atlanta Hotel in Atlanta, Georgia were reviewed and approved.
Financial Reports Association Funds - Judge McCoy reviewed the Association Funds Report as of March 31, 2009, assets totaled $59,006.27 Dues assessments for CY2008 had been collected from all but three counties. Dues notices for CY2009 were mailed and to date 132 counties have paid. The report was approved as presented.
State Funds Ms. Murphy presented a report on the State-appropriated fund activity as of April 1, 2009. The Council has a balance in state-appropriations of $26,955.05 from its $78,110.00 budget with year-to-date expenses totaling $51,154.95. Revenue of $4,480.80 from handbook and standard form sales has been generated to date. Total funds available to the Council are $19,217.89. A report on the StateAppropriated Guardianship funds and the SJI funds was presented. The report on State appropriated funds was approved as presented.

AOC Report Mr. Patterson reported there was a 9% reduction to State budgets. The AOC is currently looking at its structure and organization, as well as what constituents need from the agency. The Judges' Guide to Mental Health Jargon will be distributed at the conference. Also, the AOC is now distributing an electronic newsletter to the judiciary called "On Balance."
Presidents Report Judge Brown shared she has received a great deal of enjoyment serving as the President of the Council. It has been a real honor and a learning experience. She expressed it is her hope that she has served them well.
District Reports Reports were given by represen-
tatives from districts two, three, four, five, seven, eight, nine and ten. Judge L. Brown encouraged districts to continue to meet and bring information back to the Executive Committee. She also thanked Judge Jordan for all of his efforts in attending district meetings and reporting back information.

Committee Reports Audit and Budget Committee Judge McCoy reported the records for CY08 are available for auditing. A motion to audit the Associations records for CY08 was presented and approved.
Automation Committee A written report was included in the agenda. Additionally, Judge Jordan reported there have been several meetings with AOC Technology regarding several initiatives in the process and previewed the new CPCJ website.
Benchbook Committee - Judge Toomer reported the committee met the day prior and discussed contracting services for updating the handbook and Benchbook. A motion to suspend the sale of the Probate Judges Handbook until it has been updated was presented and approved. A motion to contract with Judge William Self to update the Probate Judges Handbook and Benchbook was put forth and approved. AOC staff requested the AOC Legal Section to draft a simple contract.
Court Rules and Forms Committee - Judge Ferguson announced the standard forms had been submitted to the Supreme Court for approval and will be reviewed at
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President's Message cont.

Self, from myself and all the other Probate Judges across the State for a job well done. Hopefully the book will be ready by November of this year.
There may be no funding but

the business of the court system continues to flow. The economy does not make the court system slow down but in some areas increase. It has been a VERY busy and interesting year to say the

least. I end by saying thank you to all those who have worked so diligently in participating in the business of the Probate Judges Council, your efforts are greatly appreciated.

Summer 2009 The Gavel 3
Probate Judge Executive Committee Minutes cont.

the Administrative Meeting scheduled for May. The Forms Committee was scheduled to meet the following day at 5pm. The committee met in March and made changes to Rules 21 and 24.1. Rule 21 is being changed to allow easier and less costly distribution of the forms to the Probate Courts and to allow for changes/amendments in the event the Council does not meet as often. Rule 24.1 is being corrected to reflect current terms and delete reference to a form no longer in use. A motion was put forth to approve the recommended changes and present to the Council for approval. The motion passed with all in favor.
Firearms Committee Judge Tate reported the committee met to consider whether to advocate passing the Bill drafted by Judge Self. The committee recommends the CPCJ not sponsor any Bill but respond to requests for testimony; however if probate courts are under consideration as an issuing agent then certain elements would be essential in any firearms legislation. A motion was put forth to approve the committee recommendations and to present to the Council for approval. The motion passed with no dissent.
Internal Assistance/Legal Research A written report was included in the agenda packet.
Legislative Committee - Judge Bracewell reported this year a very defensive year regarding legislation and added Mark Middleton, Lobbyist for the CPCJ has done a superb job in the interest of the Council. He then reviewed HB495, which amends Chapter 9 of Title 15. It provides for the appoint-

ment of associate probate judges and matters related to their appointment, provides for jurisdiction of the judges of probate courts and amends O.C.G.A. 159-30; clarifying conservator language. Judge Bracewell further explained the associate judge does not have to be a resident of the county and the sitting judge is grandfathered in. Representative Mike Jacobs was praised for his assistance with HB119 which grants the training council the authority to suspend training if warranted. Judge Bracewell announced Representative Roger Lane was bestowed with legislator of the year.
Liaison to Co. Probation Advisory Council Judge Ellison reported she very enlightened by her membership on the Council. At the last meeting the Council fined the owner of Middle Georgia Probation and issued a letter of reprimand. The Council has also presented extensive probation officer trainings; to date six have been conducted.
Liaison to Information and Technology Judge Jordan reported GCAC was not disbanded during the legislative session; however the Executive Director, George Nolan has retired.
Membership Judge Hardaway thanked everyone for their assistance with the hospitality rooms.
Mental Health Committee Judge Tate reported she has been in touch with the Carter Center regarding collaborations to get the State to place more funding in prisons and hospital for mental health assistance. Changes at DHR

will impact mental health by privatizing State hospitals. Also a bill passed during the session which removes the departments of Behavioral Health and Mental Health from DHR.
Newsletter Committee Judge Davis remarked Ms. Murphy is doing a good job with the newsletter. Next he reported on the pictorial directory, it is completed and will be distributed to members attending the conference. Judges will receive six copies, three of which are to be distributed to the county officials in their respect county and three for the office. A motion was put forth to pay the invoice for producing the pictorial directory from the Association funds. The motion passed with
Nominations Committee Judge McCoy reported the nominations committee met and the slate of Officers for the Executive Committee and Training Councils' member were ready to be presented for the election scheduled for April 16th. Nominations were as follows: Officers of the Council of Probate Court Judges President-Elect - Judge Lynwood Jordan, Jr. to succeed Judge Tammy Brown First Vice President - Judge Todd Blackwell to succeed Judge Lynwood Jordan, Jr. Secretary-Treasurer B Judge Darin McCoy to succeed himself
Judge Marie Middleton for the position of District 11 Representative to fill the vacancy.
Retirement Committee Judge Green reported the Money
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Probate Judge Executive Committee Minutes cont.

Mangers met with committee members the day prior; several other Council members attended as well. The fund is currently down by 25%.
Traffic Committee Judge Ogletree reported the committee met on Monday with 24 members attending. There are two projects in progress, updating the Rules and the Benchbook. Benchbook chapters have been assigned; hope to be completed by September. The committee is also reviewing the criminal rules for submission in January.
National College of Probate Judges (NCPJ) Judge Self reported the NCPJ is suffering like all other organizations. Membership has decreased due to budget issues. The next meeting is scheduled for May 20-23 in Idaho which he plans to attend. The fall meeting will be held in Rockport, Maine, September 30 October 3, 2009.
Probate Judges Training Council Judge Powell reported the
Council met the day prior. There were six judges delinquent for CY08; all were in attendance at
Condolences
Rev. Charles E. (Buddy) Beasley, 70, died Thursday evening, June 11, 2009 at the Candler County Hospital after a sudden illness. Rev. Beasley preached his first sermon at Friendship Freewill Baptist church the first Sunday of October 1967, he would have celebrated his 42nd year as the minister in October of this year. He was elected Probate Court Judge

the conference with the exception of one due to illness. ICJE is looking at a 21% cut to their budget. They have requested input from the Training Council as to how trainings should be implemented in the next fiscal year. The agenda for the clerks' trainings was set. A certification program for nonattorney judges is in the conception stage; a committee has been established to research. It was announced that Johnston County Clerk; Ms. Cassie Walters would be presented a certificate of completion of the Probate Clerks Certification Program at the Awards banquet.
New Business
Access and Fairness in the Courts Survey Request
Mr. Kevin Tolmich, Assistant Director for Planning and Research, AOC presented the Council with a request to conduct an access and fairness performance measure. He explained the particular measure rates the court users on the courts accessibility and its treatment of customers in terms of fairness, equality, and respect. It is conducted through a
of Candler County in 1980 and served for over 29 years in office. Buddy grew up working with his father and brothers in there logging business and was a #1 fan of the Atlanta Braves. Please keep his wife of 48 years, Frances Sikes Beasley and family in your prayers.

satisfaction survey on a typical day at court by the AOC staff. The survey consists of three sections: Access to the Courts, Fairness and Background. Mr. Tolmich shared the Council of Municipal Court Judges conducted the survey with some pilot courts and would like to start a pilot with the probate courts. Results are not used to compare courts to courts but can assist in improving court management practices and indicate how the courts perform. Mr. Tolmich requested that the Council consider implementing the survey and obtain volunteer courts to participate. A motion was put forth for the Council to conduct the Access and Fairness survey pilot and approved with no dissent.
Adjournment
There being no further business, Judge L. Brown announced the next meeting would be in conjunction with the COAG summer conference in August.
Senior Probate Judge Appointments
By Executive Order, Governor Sunny Perdue appointed the Honorable Christine Burch and the Honorable Dianne M. Walker as Senior Judges of the Probate Courts of Georgia. The orders were signed on July 17, 2009.

3rd District Probate Judges

I. CALL TO ORDER:

III. REPORTS:

A regular (Summer) meeting of the District 3 Judges was called to Order by our Chair, Judge Lillis Brown, on July 27, 2009 at 10:00 a.m. at the Cobb County Probate Court, Marietta, Cobb County, Georgia. The Honorable Kelli Wolk served as host.
The following District 3 Members were present: The Honorable Lillis Brown
Rockdale County (Chair) The Honorable Jim Clarke
Gwinnett County The Honorable Pam Ferguson
Henry County The Honorable Kelley S. Powell
Henry County The Honorable Jeryl Rosh
DeKalb County (Treasurer) The Honorable Kelli Wolk
Cobb County The Honorable Hal E. Hamrick
Douglas County The Honorable Pinkie Toomer
Fulton County (Secretary) Special Guests: Lynwood Jordan, Forsyth County Todd Blackwell, Baldwin County LaShawn Murphy, AOC

There was a general discussion among the attendees on various topics of interest, including microfilming vs. scanning; bookkeeping and auditing; firearms applications with marijuana convictions; responses to budget cuts including furloughs, reductions in temporary positions, cuts in professional services, and use of law library funds.
IV. NEW BUSINESS:
A. Records Retention The current schedule (83-0770-A) calls for destruction of the Firearms License Application file after 9 years. Judge Brown proposed a change to the Retention Schedule for Firearms License Applications from 9 years to 6 years. Rationale for Change: Since the firearms license expires in 5 years, it is recommended that the application file be retained for 6 years then destroyed. There was consensus among the group that this change should be supported. (Contact person: Judge Lillis Brown).

II. APPROVAL OF MINUTES

B. Legislative Proposal In light of the confusion that is often caused by the deadlines for Answers and Responses due in

Nahmias Sworn-in to Supreme Court
On September 3, 2009, Justice David E. Nahmias was sworn-in as the newest justice of the Supreme Court of Georgia.

Summer 2009 The Gavel 5
Probate Court proceedings, Judge Clarke proposes that where applicable, Answers and Responses be due within 30 days in Probate Court cases. There was consensus among the group that this would be a good change. (Contact person: Judge Jim Clarke).
C. Resource Materials Judge Kelley Powell offered to share a resource guide prepared by her law clerk that identifies community resources and services.
V. OLD BUSINESS
A. Holiday Dinner Judge Lillis Brown will continue to try to schedule our holiday dinner at the Seasons 52 Restaurant in Atlanta. Group agreed that if necessary, we could move it to another restaurant in Perimeter Mall area.
B. Fee Review Association of County Commissioners (ACC) has a committee studying fees, with representation from the Probate Judges, Sheriff and Tax Commissioners. The last meeting was held in Macon, Fall 2008. One of the goals is to have a unified and simpler method of collecting fees.
VI. ANNOUNCEMENTS:
Next Meeting: Fall Meeting November 16, 2009, Savannah, Georgia; place TBD.
VII. ADJOURNMENT
Prepared by: Judge Pinkie T. Toomer July 27, 2009

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2nd District Probate Judges

Judge Sue Bottoms hosted the 2nd District Probate Judges' meeting in Habersham County on July 15, 2009. Ms. Ann Tallent, Judge Bottoms' aunt, so graciously provided a wonderful lunch at her beautiful home. Also, we were honored to have the

CPCJ First Vice President visit with us Judge Todd Blackwell from Baldwin County.
In attendance were (as pictured below): Judge Charles D. Brackett (Union Co.), Judge Todd Blackwell (Baldwin Co.), Judge Lillian Garrett (Rabun Co.), Ms.

Ann Tallent, Judge Jennifer Burt (Dawson Co.), Judge Glenda Ernest (Stephens Co.) , Judge Sue Bottoms (Habersham Co. ) and Judge Lynwood Jordan Jr. (Forsyth Co.).

6th District Probate Judges

District Six met in Houston County on August 5, 2009. The meeting was hosted by Judge Spires with Mr. Chuck Byrd, Esq. being the guest speaker. Also in attendance was

LaShawn Murphy, AOC. (Picture: Back row Judge Blackwell, Judge Cummings, Judge Self, Mr. Byrd, Judge Mock and Judge Howard. Seated Judge Spires and Judge Pitman)

Newly Appointed Associate Probate Judges
Judge Christy J. Anderson Walker County
Judge Marc Eric D'Antonio Muscogee County
Judge Janet L. Allen Tattnall County
Judge G. Randolph Jeffrey Walton County
Judge Shirley P. Wise Camden County
Judge Dorothy C. Zorn McIntosh County

NCPJ Spring 2009 Conference
By Judge William J. (Bill) Self, II, Macon, GA

Coeur d'Alene, ID
First, the Coeur d'Alene Resort was an absolutely beautiful and marvelous place to stay. Although attendance was really down, those of us who went enjoyed a great time on Lake Coeur d'Alene, which is about 40 miles east of the Spokane, WA airport. The weather was just right except for some strong winds early in the week.
The educational sessions were especially good, thanks to Curriculum Chair Wally Kent and those who helped him arrange our faculty. I hope to publish to our Web site the Powerpoint and written course materials, but let me hit the highlights of each session.
Michigan Judge Milton Mack's presentation on "Involuntary Treatment for the Twenty-first Century" promotes a proactive rather than a reactive approach to securing treatment for the mentally ill and substance abusers. The focus, Judge Mack suggests, should be on a person's capacity and not on conduct or risk. Waiting until the situation has declined to the point of "risk of imminent danger to self or others" fails to recognize the usually observable decline in capacity to appreciate and understand the consequences of cessation of medications or therapies, the most frequent instigators of the decline. Securing effective treatment in the earlier stages of the decline is more productive and less expensive than intervention only in crisis. Judge Mack indicated that organizations such as NAMI are

beginning to accept that this approach is more often in the best interests of the mentally ill person and those who are close to and/or care for him/her.
Professor Larry Weiser of Gonzaga Law School, a particularly entertaining speaker, presented on "Mediation and Alternative Dispute Resolution" in probate and protective proceedings in probate courts. He suggests that ADR should focus more on Appropriate Dispute Resolution than on the "alternative" (to litigation/trial) nature so often emphasized as the basis for pursuing. In probate courts, where there is so often a need or desire to preserve familial relationships or, at least, to limit the animosity of separation, Prof. Weiser believes that mediation under the direction of a well trained mediator with expertise in the probate or guardianship fields can result in an appropriate resolution to disputes.
Steven Steadman, Court Security Specialist with the Colorado Administrative Office of the Courts, presented an excellent, informative and challenging session on "Court Security." He discussed security in the courtroom, in the courthouse, in the community and in the home. He used an insightful video depicting how small "gaps" or failures in what is thought to be a good security system can end in tragic results. He has sent me his PowerPoint show, and I hope to be able to obtain and publish the video, too.
Martin Sendek, an Attorney with the Department of Veterans

Summer 2009 The Gavel 7
Affairs, found himself, barraged by questions from his audience. We hardly gave him an opportunity to make his prepared presentation. However, the session was very informative and many of the questions so many of us had on our minds about the Department and the interaction between it and probate courts were answered. He also advised us when and how to make contact with the Regional Counsel.
Surely, one might suspect that a presentation on "Emerging Issues in Trust Litigation and the Importance of Notice to Fiduciaries" on Saturday morning would be nothing less than BORING! However, estate planning attorney Kevin Millard's talk was anything but. Acknowledging first that he is not a litigator, Kevin proved to be an excellent speaker very well versed in the subject of trusts and the emerging issues which are likely to increasingly come before the probate courts for resolution.
Unfortunately (and unfairly to her), Professor Bobbie Flowers' presentation in the final session was poorly attended and, because of a lively discussion among the few and the brave, time ran out before she could complete the session on "Judicial Ethics and Professionalism." More so than a presentation of new material, the session was confirmation of the myriad of ethical issues confronting all judges but particularly probate judges who are more and more frequently seeing self-represented petitioners and lay fiduci-
continued page 8

8 The Gavel Summer 2009

AOC in New (Familiar) Hands

On July 22, 2009,

the Judicial

Council of

Georgia voted

unanimously

to appoint

Ms. Marla S.

Moore as

Marla S. Moore

Director of

the Administrative Office of the

Courts. For the last three years,

Ms. Moore has served as a division

director at the Criminal Justice

Coordinating Council, the state

agency that administers federal

criminal justice grants. Twenty-

five years of her career in state

government were spent at the

AOC, where she served as Senior Associate Director of Court Services.
"Marla Moore has a stellar reputation, based on her integrity, her competence, her intellect and her devotion to state government," said Chief Justice Carol Hunstein, who chairs the Judicial Council. "I am confident she will do an outstanding job in difficult financial times."
During her years of service at the AOC, Ms. Moore has worked on many committees and commission, including the Georgia Commission on Family Violence, the Georgia Department of Human Resources Sexual Assault Task Force, Commission on Gender Bias in the Judicial

System, and the Supreme Court Commission on Equality.
Ms. Moore has an undergraduate degree in history and a masters in political science from Pittsburg State University in Kansas. She is a fellow of the Institute of Court Management. A resident of Atlanta, she is married to Richard A. Gosselin. Their daughter Ronnie A. Gosselin, a former AOC intern, is a first year law student at Harvard Law School.
Ms. Moore was selected from a field of candidates to fill the vacancy created by the retirement of Mr. David L. Ratley. She began her tenure as AOC Director on August 3, 2009.

Summertime under the Gold Dome
Mr. Christopher Causey, AOC

The Georgia General Assembly may not have been in session, but committees continued to meet over the summer. The House Judiciary Non-Civil Committee started early this summer preparing for the upcoming 2010 Legislative Session. While no legislation can be introduced, changed or voted on, much of the "prep work" is being done this summer and fall. Rep. Rich Golick (R-Smyrna), Chair of the House Judiciary Non-Civil Committee, intends to use the interim for discussion of com-

plex bills that are sitting in the committee. There will be meetings to address open records, gun bills, sex offender, cock fighting, and death penalty and jury verdicts. It is the Chair's intent to have public hearings during the interim and vote on all the bills within the first two weeks of the 2010 Session. Due to the State's budgetary issues, very few study committees were established during the 2009 Legislative Session. Thus, some full committees are meeting instead of study committees.

NCPJ Spring 2009 Conference cont.
aries who must maintain an ongoing relationship with the court.
Lastly, I would like to mention and thank our exhibitors and sponsors. Exhibitors included the faithful Court Call, as well as the National Guardianship Association and Search, Inc. The Center for Special Needs Trust Administration, Inc., both exhibited and sponsored the Reception prior to the Banquet. Their contact information will be posted on the Web site.

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Save the Date(s)...

Fall 09 COAG November 17 - 19, 2009* Marriott Riverfront Hotel,
Savannah GA 800-285-0398 *Executive Comm. scheduled to meet
Probate Judges Annual Spring Conference
April 12-16, 2010 The Georgia Center, Athens GA *Executive Comm. and Training
Council scheduled to meet

National College of Probate Judges
Spring 2010 Conference - May 11 - 16, 2010
Embassy Suites Hotel in Portland, Oregon

National College of Probate Judges
Fall 2010 Conference is November 7 - 10, 2010 The Mills House in Charleston, SC
*RSVP attendance with LaShawn Murphy murphyla@gaaoc.us

The Gavel
Georgia Council of Probate Court Judges Administrative Office of the Courts 244 Washington Street, SW, Suite 300 Atlanta, GA 30334

JUDGE SAM DAVIS Editor
MARLA S. MOORE Director
CHRIS PATTERSON Associate Director for Court Services
ASHLEY G. STOLLAR Graphic Design