Board of Governors Report

by Katie Wood, Stone Mountain Circuit Post 1

The Board of Governors fell a few votes shy of the two-thirds margin required to carry a motion to oppose Amendment One on the grounds that the language on the November ballot is entirely misleading. The vote was 39 in favor of the motion and 26 in opposition.

In other action at the meeting in Panama City Beach on Oct. 16, the BOG approved proposed amendments to the Rules of Professional Conduct; made appointments to the Commission on Continuing Lawyer Competency and the Judicial Qualifications Commission; backed funding of programs for victims of domestic violence and the Georgia Resource Center and a prohibition on transfer fee covenants; and chose a new auditor.

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The Litigator’s Playbook:
Practice Makes Perfect!

by Jeri Kagel, M.Ed., J.D.

We have all heard the expression, “practice makes perfect.” Our parents and teachers told us to study for tests; we practice with our team to prepare for a game; we rehearse songs in our church choir; we cook a new dish for ourselves first before serving it to guests; and as children, many of us practiced playing our obligatory piano or violin or flute pieces in anticipation of our teachers hearing our pieces.

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Zombies and Muslims Part 2:
Crime-less Victims and Victim-less Crimes

 

by The Shadow

Something wicked still prowls our legislatures and courthouses.

In the Shadow’s last missive (Zombies and Muslims) it was observed that the current political environment threatens to disinter monsters known as “zombie jurisprudence,” creatures that could stalk American Muslims as readily as those which have historically pursued other classes of innocent people.

Korematsu v. United States, Dred Scott v. Sandford, and Cherokee Nation v. Georgia were Supreme Court cases that failed to erect constitutional protections against abuses of governmental power. Such zombie jurisprudence, according to modern sensibilities, should remain dead and buried in a cemetery of legal anachronisms – never to be disturbed or disinterred.

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A View from Behind the Bench: Staff Attorneys from the DeKalb Superior Court Speak to FLS

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by Louis Tesser

October’s meeting of the Family Law Section of the DeKalb Bar Association featured presentations by several of the staff attorneys of the Superior Court of DeKalb County, as well as Judge Mark Anthony Scott. The staff attorneys included Shannon Hicks (Judge Seeliger), Amy Daldry (Judge Coursey), Denise Warner (Judge Scott), and Bethany Embry (Judge Barrie). They discussed the policies of each division with respect to various family law issues.

We were reminded that there is a tremendous amount of differences among the bench with respect to the various policies:

  1. Some courts assign Guardian ad Litems to every contested custody case, others only upon a motion.
  2. Some courts require mediation, others mediate only upon request.
  3. There seems to be a tremendous variation in the availability of temporary hearings.
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The Practice Corner: Attorneys General (in general) – A Job Description

by Daniel DeWoskin
Trial Attorney
www.atlantatrial.com

Today, like many DeKalb Bar Association members, I observed a debate between Ken Hodges and Sam Olens, both of whom aspire to be the next Georgia Attorney General. Amidst the bickering over each candidate’s resume and job performance were the undertones of an intellectual disagreement as to whether or not the position of attorney general is better categorized as that of a prosecutor or a politician. Of all the important topics briefly touched upon by the two candidates during the brief and insightful debate, I found this schism regarding the most basic job description particularly compelling.

For the most part, both candidates were deferential to those individuals who held the seat they now seek in previous years. Where there was criticism of a predecessor, it was based upon a difference of political ideology, or so it would appear to me as the observer. The election for attorney general is, in fact, a partisan election, so it should not be surprising that these criticisms exist and perhaps largely along party lines. However, in analyzing the merit of Mr. Hodges’ contention that his experience as a district attorney better qualifies him for the position than Mr. Olens’ experience as a county commissioner, one cannot help but acknowledge that an attorney general must follow the law without regard to personal political philosophy. He cannot and should not enforce only those laws he feels are worthwhile. Mr. Olens’ point is also well taken that unconstitutional laws should be challenged.

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DBA Fall Social Recap

The DBA Fall Social event was held in October at the Marlay House in Decatur. Many DBA members enjoyed gathering for food and beverages out on the patio as well as inside. A special thank you to Capstone Financial Partners…

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