Council of Probate Court Judges
Council of Probate Court Judges
Executive Committee Meeting
at Annual Meeting, Athens, GA
March 23, 2015
Judges Present:
Chase Daughtrey, President
Don Wilkes, President-Elect
Alice Padgett, First Vice President
Darin McCoy, Secretary-Treasurer
Kelley Powell, Immediate Past President
Rooney Bowen
Keith Wood
Susan Tate
Mary Jo Buxton
Beth Mosley
Helen Harper
Judy Mullis
Kelli Wolk
Pam Ferguson
Mike Greene
Donald Boyd
Laverne Ogletree
Vivian Cummings
Annie Doris Holder
Sarah Harris
Staff Present
Mr. Mike Cuccaro, Asst. Director for Governmental and Trial Court Liaison, AOC
Ms. Erin Oakley, Governmental and Trial Court Liaison,AOC
Welcome and Opening Remarks
Judge Chase Daughtrey welcomed members and guests of the Executive Committee, and invited everyone to introduce themselves.
Approval of Minutes
Judge Daughtrey presented the minutes from the Feb. 24, 2015, Executive Committee Meeting held at the Courtyard Marriott, in Decatur, Georgia. The minutes were approved unanimously.
Financial Reports
Association Funds
Judge McCoy reported on financials included in the agenda packet, which reflected funds as of Feb. 28, 2015.
Cash on hand in Checking Account totaled $48,457.67;
Investments (three CD’s at South GA Bank) totaled $38218.39;
For a total balance of $86,676.06.
Cash Flow Report: The overall total showed funds of $21,593.07. Judge McCoy said all judges should have received a dues invoice for 2015.
Motion: Judge Annie Doris Holder moved to accept the financial report of the Association funds as submitted. Seconded by Judge Tate, the motion passed unanimously.
State Funds
Ms. Oakley presented a report on the state-appropriated fund activity. There were questions about whether funds should be encumbered to cover projects or other items. Judge Tate suggested encumbering money to pay for the benchbook and handbook. Judge McCoy explained that state Audits and Accounts continues to get stricter about for what purposes funds may be encumbered. It was decided that funds could be encumbered at the summer leadership retreat or strategic planning. Once expenses could be estimated for the handbook, funds could be encumbered before the end of the budget year.
Motion: Judge Tate moved toaccept the state funds financial report. Seconded by Judge Padgett, the motion passed unanimously.
AOC Report
Mr. Cuccaro gave regards for AOC Director Marla Moore, who was unable to attend. He provided a legislative update and reported on the automation survey.
Training Council
Judge Wood gave a report about the Training Council meeting and explained that future meetings may not be in Athens. Vital records training would be provided with the State Department of Vital Records, which was developing information. The training should be provided next spring. There was also the possibility of GCIC training.
Training Council Officer Elections
Judge Wood reported the election results for the officers of the Probate Judges Training Council. T.J. Hudson was elected Training Council Chair, Tony Thompson was elected Vice Chair, and Sylvia Stone was elected Secretary.
District Reports
District Directors for the Third, Fifth, Eighth, Ninth, Eleventh and Thirteenth districts reported on their district activity or future plans. Judge Bowen reported that District Eight has well attended meetings, having a round Robin format that allows people to have their problems addressed.
Committee Reports
Accreditation:Judge Wood reported the last class that was developed would be finished in the fall. He would meet with Carl Vinson Institute of Government that week to determine what happens next.
Audit and Budget:Judge Harperreported not much had changed in the budget. She passed out a budget report. Only one scholarship was used, but five remain in the budget. The fees for CPCJ lobbyist Mark Middleton were discussed. Judge Bowen said Mr. Middleton is doing an outstanding job and suggested raising his payment from $18,000 to $20,000, plus reasonable fees. Judge Wolk would be added as a legislative committee co-chair.
Discussion followed about budgeting for another CPCJ Capitol Day and reducing the funds for scholarships. Judge McCoy opposed increasing dues and suggested reevaluating dues at the winter executive committee meeting.
It was suggested to change lobbying funds to $20,000, scholarship funds to $3,500, and legislative funds to $4,150. That would leave a balance of $0.00.
Motion: Judge Harper moved to make the above changes and have a balanced budget. Seconded by Judge Wilkes, the motion passed.
Motion: Judge Padgett moved to have Judge Harper order an independent audit of funds. Seconded by Judge Thompson, the motion passed.
Automation: Judge Sheffield provided the automation survey.
Benchbook:Judge Toomer reported that Judge Self no longer wants to update the Benchbook or Handbook. No one has offered to author the books. Judge Hobby is still updating the traffic benchbook.
There was discussion of possible benchbook authors, such as professors, and how to contract for updates. Judges wanted it completed by the end of 2016 for the new judges. It was decided the benchbook needs to be discussed at strategic planning.
Last year, a handbook fee was assessed to cover its updates.
Judge Ogletree noted that a supplement needs to be done for the traffic benchbook.
Bylaws: Judge Cumming had no updates.
Caseload:Judge Holder reported that caseload reports will look different in 2016. Judge Wilkes explained the AOC is working with a probate judges working group to revise and define the data that will be collected going forward.
Judge Greene mentioned there was pushback to the AOC on timeframes, at least as far as the civil cases, due to their complex nature. The AOC caseload reporting forms drafted so far have focused on superior and state court cases. He had asked the AOC to draft standards that reflect probate court cases. However, the AOC is being mandated to collect certain data points by the national center.
Forms and Rules:Judge Ferguson reported her committee had held a four hour meeting to prepare for this meeting, and that her committee is working hard to get forms implemented. Forms will change on July 1.
Judge Ferguson asked that Form 16, regarding the appointment of guardian ad litems, be deleted and supplement 1 be used instead.
Motion: Judge Wolk moved to accept the substitution and Judge Tate seconded.
The motion passed unanimously.
After discussion, supplements 6 and 7 were tabled.
Elections: Judge Mullis reported that the presidential primary would likely be the first Tuesday in March. Financial disclosure reports have to be filed between now and June. Judges elected in non-partisan elections will qualify the same as judges elected in partisan elections. There is mandatory training the first weekend in May for election officials.
Caseload: Judge Daughtrey noted the 12 counties that had not yet submitted caseload reports. District directors should help new probate judges.
He also mentioned that Judge Betty Andersen in Wilcox County is very ill and has been accepted to the Mayo Clinic. She needs prayers. There is an acting judge who is helping handle the county’s cases. The chief magistrate is sitting in.
Legislation: Co-chairs Bowen and Wolk explained their desire to increase the compensation for CPCJ lobbyist Mark Middleton.
Motion: Judge Mullis moved to increase lobbyist Mark Middleton’s compensation to $20,000 per year. Judge Powell seconded and the motion passed unanimously.
The success of CPCJ Day at the Capitol was noted, with 48 judges attending. Judge Bowen explained that the Council stuck to the basics, with Varsity hot dogs. He reported that the majority leaders of both the House and Senate, as well as several committee chairmen, attended the lunch. He stressed the importance of returning to the capitol as a group and presented the governor’s resolution.
Judge Bowen then reported that the Council’s Fish and Game bill had passed both chambers and was on its way to the governor. He also said that the language in H.B. 114 requiring notice by certified mail would be removed. He gave updates on H.B. 134 (speed traps) and H.B. 377 (collections agencies doing collections for courts).
Judge Wolk reported that the Order to Apprehend bill had been passed by the House and was stalled in the Senate.
There was discussion of Rep. Jasperse’s new gun legislation, H.B. 492, a cleanup bill for last year’s H.B. 60. He had been given Judge Tate’s paper on last year’s H.B. 60 and had conversations with Judge Wigington. There was discussion about the provision requiring superior court judges to report felons to the probate judge who issued their WCL, as well as the provision requiring probate judges to report license revocations to GCIC.
Rules Committee Chairman Meadows wanted his local probate judge to call him and tell him there was a problem with H.B. 60. Judge Bowen had spoken with Senate Public Safety Chairman Tyler Harper and the governor’s public safety policy person.
There was also discussion about what PASP should do in terms of security, such as what features should be put in place.
Judge McCoy reported that local legislation in Wilcox County would make the probate judge the chief magistrate, as of July 1. The probate judge would then be everything except the superior court judge. The current probate judge will probably retire before July 1, so the new judge will need assistance.
Judge Boyd reported on Seminole County’s local legislation, SB 93,to provide for nonpartisan election of the probate judge.
Judge Wilkes said he had attended meetings at the capitol and that judges were received well by the legislators. He acknowledged there is nothing more important than legislation and there is always plenty to keep up with.
Membership: Judge Harris reported on new judges’ orientation, which was a mini learning session. She appreciated everyone who attended.
Mental Health: Judge Tate announced she wanted to send out an email inviting judges to atraining. She wanted to discuss the possibility of filing for an outpatient commitment using the evaluation form from the doctor for the hospital, where the outpatient treatment plan would be made by the local treatment provider. There would be a discussion on April 17. There was then a discussion on involuntary outpatient commitment.
Judge Mosley wanted an update on GCAL. Judge Tate said she has invited the GCAL director to speak to the probate judges.
Newsletter: Judge Thompson reported that he needs articles and asked the district directors to write something.
Retirement - Judge Greene announced he is a proud new grandfather. Since the last meeting, retirement legislation had been drafted. H.B. 635 was introduced by House Retirement Chairman Bubber Epps. Judge Greene explained that it takes two years to get a retirement bill passed.
Right now, judges are limited to 20 years of creditable service and the bill would allow for 30 years of creditable service. An actuary let us know what the Council can do. Judge Greene then explained the buy back process.
Traffic Committee - Judge Ogletree reported she had held a committee meeting that afternoon. Judge Bowen had given update on traffic related legislation. She proposed that the traffic handbook and benchbook be updated. She explained that last year Judge Hobby did a revision that brought all of the supplements together. She proposed a contract with Judge Hobby to do a supplement for the Benchbook.
Motion: Judge Ogletree moved to enter into a contract with Judge Hobby for $6,000 to supplement the criminal Benchbook. Being properly seconded by Judge McCoy, the motion passed.
Vital Records – Judge McCoy reported that he is waiting on the same sex marriage ruling and trying to prepare. He asked for suggestions for the marriage license application so the Council would be ready. He said the only thing that needed to be changed were the words “bride” and “groom,” which could be changed to “Applicant 1” and “Applicant 2.”
There was then discussion about marriage and death records, and the removal of judges who would not comply with the same sex marriage ruling.
Judge Tate suggested an ad hoc committee to work with Judge McCoy on same sex marriage issues. Judge Daughtrey asked for volunteers. Judges Tammy Brown and Judy Mullis agreed to serve on the committee.
Motion: Judge Wolk moved to change the application to say “Applicant” and not include gender. Discussion followed. Judge Daughtrey said that Jessica Farah at the AOC is researching the issue and that case management vendors are ready for a change. Judge Wolk’s motion was seconded and approved unanimously.
Boards, Commissions and Committee Liaisons
ICJE liaison Judge Jordan said he had submitted a report but wanted to mention that the Senate gutted much of the judiciary’s funding requests, including ICJE’s request for more personnel.
Old Business
Judge Wilkes reported on the idea of an Authority Committee. He said the Council would not create an authority and instead would find a way to support courts with their technology needs. He suggested an online repository for documents, including marriage records. The AOC had given him a timeline of 18 months to create the repository. Some vendors have their own document repository that can be accessed through their computer program.
New Business
Judge McCoy announced the nomination committee report was sent out on the Listserv and named the 2015-16 officers.
Judge Daughtrey thanked the Executive Committee members for their support. He said they had been a strong group of friends and colleagues, and hoped they would extend the same courtesy to Judge Wilkes.
Judge Padgett and Judge Tate offered to help with vital records.
Adjournment
There being no further business, Judge Daughtrey adjourned the meeting at 5:28 p.m.
Respectfully submitted,
Catherine Fitch
______
Catherine Fitch, AOC
For Judge Darin McCoy, Secretary