Council of Probate Court Judges

Council of Probate Court Judges Executive Committee Meeting Georgia Center, Athens GA April 8, 2014

PRESENT: Judge Kelley Powell, President Judge Chase Daugherty, President-Elect Judge Don Wilkes, 1st Vice President Judge Darin McCoy, Secretary-Treasurer Judge Mary Jo Buxton, Immediate Past President Judge Deborah Anderson Judge Henry Baker Judge Calvin Bennett Judge Rooney Bowen, III Judge Vivian Cummings Judge Pam Ferguson Judge Mike Greene Judge Helen Harper Judge Annie Doris Holder Judge Tori J. Hudson Judge Ann Jackson Judge Lynwood Jordan, Jr. Judge Beth Mosley Judge Judy Mullis Judge LaVerne Ogletree Judge Amos Sheffield Judge Mitchell Scoggins Judge Susan Tate Judge Tony Thompson Judge Pinkie Toomer Judge Keith Wood

Staff Present Mr. Mike Cuccaro, Asst. Director for Governmental and Trail Court Liaison, AOC Ms. LaShawn Murphy, Trial Court Liaison, AOC

Guest Present Judge Tammy Brown Judge Danielle McRae Judge Gary Nobles, Jr. Judge J, D. Rasnick Welcome and Opening Remarks Judge Powell welcomed everyone and opened the meeting at 3:00 pm.

Approval of Minutes Judge Powell presented the minutes from the October 8, 2013 meeting held in Savannah, Georgia for review and approval.

Motion: Judge Tate moved to approve the minutes as submitted. Seconded by Judge Holder, the motion passed with no dissent.

Financial Reports

Association Report Judge McCoy reported on financials included in agenda packet.

Net Worth: The report reflects funds as of March 31, 2014. Cash on hand in Checking Account t otal $26,864.60, Investments (three CD’s at South GA Bank) $38218.39 leaving a total balance o f $65,082.99.

Cash Flow Report: The report shows collected dues and what has been spent from October 1, 2013 through March 31, 2014 (Inflows and Outflows); the overall total is -$8,898. Also included was a check register report for the same time period.

In final it was reported 125 counties have paid the annual dues to date.

Motion: Motion: Judge Buxton moved to accept the financial report of the Association funds as submitted. Seconded by Judge Wilkes, the motion passed with no dissent.

State Funds Ms. Murphy presented a report on the State-appropriated fund activity as of March 3, 2104. The Council was appropriated $62,216.00 for FY14. The Council has an existing balance in state- appropriations of $33,733.05 from its $62,216.00 budget with year-to-date expenses totaling $27,482.95. Revenue from the sale of the handbook and standard forms totaled $2,255 minus $58.82 in expenditures, leaving a balance of $2196.18 bringing the total funds available to $35,929.23.

Ms. Murphy then provided an update on outstanding expenditures for the remaining fiscal year.

Motion: Judge McCoy moved to accept the State funds financial report. Seconded by Judge Daughtrey, the motion passed with no dissent. Presidents Report Judge Powell reported the appropriations request for the Executive Director Position was approved by the Judicial Council however the legislature has not approved the funding. She then gave a brief update on the various Judicial Council and legislative meetings attended in the past months. Judge Powell announced an audit of the AOC and Councils was now being conducted at the behest of Representative Jay Powell.

In final she shared the Technology Fee Bill (Statewide) did not pass this year. It would have benefited all classes of courts.

AOC Report Mr. Cuccaro reported the legislative session just finished up; he expressed Judge Daughtrey, Judge Jordan and Mark Middleton did an excellent job of representing the interest of the Council. He then announced the passage of HB1000 which allows courts to ask the Department of Revenue to collect on Georgia Tax returns for unpaid fines.

Next he shares the AOC is implementing the new REGISTRAR; it’s a new certification program which the agency will be working to include ICJE in the fold as well. The AOC continues to work on Access to Justice projects and the Judicial Council will conduct a strategic planning session on April 16th regarding legislation.

In final it was reported the contract for the Judicial Collaborative System (JCS) was terminated. Judge Powell inquired if a new company had been identified. Mr. Cuccaro responded the AOC is currently looking at the software the State of Georgia is using.

Training Council Judge Wood reported the Training Council met earlier on this day; adding members have started to work on topics for the fall COAG conference in Savannah. Members are also working on the clerks trainings; he then provided dates for their sessions: June 24th, July 1st, July 17th, July 22nd and an August date. A mentor update was also provided at the meeting.

District Reports

3 rd District – Judge Jackson reported members were scheduled to meet the coming Wednesday for a breakfast meeting.

5 th District – Judge Tate reported members met recently and have scheduled the next meeting to take place in Hart County in the spring.

8 th District – Judge Rooney reported members are still meeting on a monthly basis. 10 th , 11 th , 14 th Districts – Judge Mosley distributed a written report and added members from the various districts met at East Georgia State College in Swainsboro, Georgia. Judge Tate was the guest speaker and it was hosted by Judge Wilkes. The Emanuel County Sheriff was also present.

12 th District – A written report was submitted by Judge Sheffield from the March 19th meeting held in Moultrie, Georgia.

13 th District – Judge Daughtrey reported the district has not met recently however, he has spoken with Mr. Chad Cordey, County Attorney regarding speaking to the group.

Committee Reports

Accreditations: Judge Wood reported the production is going well; currently in the middle of the program.

Audit and Budget: Judge Harper referenced the proposed 2014-2015 budget in the agenda packet for review and approval. She noted it had been several years since the officer’s stipend was increased; she is proposing a $250 raise. This would make the stipends as follows: President $2000, President-Elect $1000, Vice President $750 and Secretary-Treasurer $750.

Judge Tate inquired if the “spring conference” line item should be increased, as it was budgeted $5000 in 2013-2014. The actual expenses were $7,774.60 therefore it was suggested to increase the line item to $6000.

Motion: Judge Harper moved to increase the “Officers” line item to $4,500 and the “Spring Conference” line item to $7,500. Seconded by Judge Hudson, the motion passed with no dissent.

Automation: Judge Jordan reported Greenway, a company out of Carrolton, has formed Court Legal Tech Inc. The Council of Superior Court Clerks has decided to go with this company for E-Filing. They will probably have their last meeting tomorrow regarding the project and will likely be completed by July. A progress report will be provided after July. Additionally, he may do a test run in Forsyth County, depending on their turn out.

In final he noted, there have been some entries on the listserv regarding an probate authority; this subject was broached at a strategic planning session at Lake Blackshear many years ago.

Benchbook: Judge Toomer reported its time again for updating the Probate Judges Benchbook and Handbook. Included in the agenda were three proposals regarding the updates from Judge Self. Discussion took place regarding the differences of the proposals and the need of the Council members. Motion: Judge McCoy moved to allow Judge Toomer to enter into contract with Judge William Self, II for up to $8000 for the supplemental updates (A. 2011-2014 Benchbook and 2011-2014 Handbook). Seconded by Judge Rooney, the motion passed with no dissent.

Bylaws: Judge Cumming deferred to Judge Powell. Judge Powell shared at the Judicial Council strategic planning session discussion took place regarding consistency with its membership. She then stated perhaps they should think about ways to make their selves more effective and look at who their Judicial Council representatives are. Mr. Cuccaro and Judge Daughtrey added, discussions are ongoing and the JC is receptive to ideas form the Councils.

Caseload: Judge Holder reported a written report was included; however there are 13 courts that had not submitted caseload reports as of March 31st. District representatives agreed to follow-up with their respective counties.

Forms and Rules: Judge Ferguson reported the standard forms were submitted to the Supreme Court Tuesday past. The revisions made were outlined in the report included in the agenda packet.

Judge Jordan noted the copyright of the forms on the site and CD belongs to the Council of Probate Court Judges.

Elections: Judge Mullis reported the GA Vote Application rolled out as of April 1st. She expressed everyone needs to familiarize themselves with the Ethics bill; the reporting times have changed. Next she reminded members that the primary changed this year and there were seven non-partisan bills to pass in the session. In final Judge Mullis reported Judge Karen Pitman is the current president of the Election Board.

Legislation: Judge Jordan expressed the Council passed and defeated what it needed to. Legislation passed to eliminate the 90,000 threshold regarding probate clerk authority to sign uncontested orders. He noted the retirement bill passed. In regards to HB60 (Weapons Carry Licenses), the Council is working with Sam Olen’s office to obtain an official opinion on the discrepancies in the legislation regarding renewal licenses.

Judge Daughtrey shared he requested to meet with Georgia Carry on this day; however they do not see a conflict in the current legislation and declined to meet.

Mental Health: Judge Tate announced she started the follow up research regarding people committed voluntarily , picked up on a two party affidavit, and was told they were recorded on GCIC thru DBHDD.

Newsletter: Judge Thompson reported the next issue of the Gavel will come out after the conference. He then requested committee members to submit article.

Nominations: Judge McCoy reported the nominees for Officers of the Council of Probate Court Judges and odd number district representatives for the Probate Judges Training Council, which will be submitted at the business meeting, were included in the agenda packet. Officers of the Council of Probate Court Judges 1. President-Elect Judge Don Wilkes to succeed Judge L. Chase Daughtrey. 2. First-Vice President Judge Alice Padgett to succeed Judge Don Wilkes. 3. Secretary-Treasurer Judge Darin McCoy to succeed himself.

Probate Judges Training Council (Four Year Term) 1. For the position of District D2 – Judge Dwain Brackett to succeed himself. 2. For the position of District D4– Judge Donald Boyd to succeed himself. 3. For the position of District D6 – Judge Mike Greene to succeed himself. 4. For the position of District D8– Judge Judy Reeves to succeed herself. 5. For the position of District D10 – Judge Don Wilkes to succeed Judge Gloria Dubberly. 6. For the position of District D12 – Judge Nancy Stephenson to succeed Judge Wes Lewis. 7. For the position of District D14 – Judge Calvin Bennett to succeed himself.

Retirement - Judge Greene reported the retirement bill passed; it grants cost of living adjustments (COLA) based on actuary and not an automatic COLA. He then shared the retirement fund is 100% funded; it is at the highest it has ever been. In final the makeup of the retirement board was explained.

Traffic Committee - Judge Ogletree reported members met prior to the executive committee meeting. Members received an update on traffic legislation; additionally traffic training was discussed with members agreeing to remove the session from the April conference.

She then reported Judge Hobby agreed to update the criminal Benchbook; he has enlisted the assistance of Judges Bowen, Hulsey and Wright. It is proposed to update the entire criminal Benchbook at the cost of $8000.

Motion: Judge Ogletree moved to enter into contract with Judge Hobby for the revision of the criminal Benchbook. Being properly seconded, the motion passed with no dissent.

In final Jude Ogletree requested that next year, consideration be given to holding the committee meetings on the Sunday prior to training.

Vital Records – Judge Baker announced the Vital Records Paternity Acknowledgement forms have been rolled out.

Weapons Carry License: Judge Tate reported HB60 fixed the problem with nolo fee, lowers the age to 18 for active duty or veterans that were honorably discharged and does away with 1st offender drug offense. Additionally, the bill prohibits a database that captures who has been issued a weapons carry license.

Following up on the alternate carry permit State with NICS and the ATF; Judge Jordan distributed information received in 2013 form the attorney at the ATF. Mr. Cuccaro informed members that the AOC General Counsel was drafting a formal letter requesting the official opinion from the Attorney General’s office.

Boards, Commissions and Committee Liaisons

Access and Fairness: A report was included in the agenda packet for members to review.

ICJE Board of Trustee: Judge Jordan reported the Board remains optimistic regarding a funding increase for ICJE. Adding, if the ground work is laid properly, there should be a chance. All ICJE’s operational fees and personnel salaries are from state appropriated funds.

County and Municipal Probation Advisory Council: A written report was included for inspection.

Supreme Court E-Filing Committee: Judge Wood noted a written report was included in the agenda packet. It was noted the Supreme Court did not receive funding for E-filing however the committees work is continuing. Mr. Cuccaro added Governor Deal has taken interest I the unfunded proposal.

Old Business

PSP, Inc. (Update) Judge Daughtrey provided the background on past conversations regarding the interfacing of PSP, Inc. with court case management systems. He apprised members that Mr. Raiford has expressed that PSP, Inc. will be able to deploy the interface to everyone by October; all software providers should be up and running by then.

Strategic Business Plan (Update) Judge Harris pointed members attention to the update included in the agenda packet. She expressed there has been some progress on many of the initiatives; still awaiting responses from some goal managers. She will continue to provide updates and follow-up with the goal managers.

New Business

Creation of Probate Authority Judge Powell expressed the creation of an authority is a great idea. The probate courts have records that are needed by the public and they are the record holder. She then tabled the agenda item until the October meeting as further discussion on the subject will take place at the leadership meeting.

Adjournment

There being no further business the meeting adjourned at 6:00 p.m.

Respectfully,

______LaShawn Murphy, AOC For Judge Darin McCoy, Secretary