Description - (1) 200 SF Corner Office w/ window - $1150 Month, (1) 140 SF Office w/ window - $750 Month. Walking distance to the Gwinnett Justice & Administration building, two-story office building , newly renovated, with easy access to 316, Hwy 20, Hwy 29 and downtown Lawrenceville. Ideal for attorney.

The office & price includes:

* High quality Reception furniture and seating

* Utilities& weekly cleaning services

* Receptionist to greet clients

* Copier Usage Available

* Breakroom

* Professional meeting rooms

* High speed internet access/fax

* Phone system and telephone answering

* Handicap Access

* Friendly Attorney Environment

* Potential for referrals

For more information please contact Barbara Gordon at 770-469-8887

President's Corner Joe Zdrilich

by Joe Zdrilich, President

2015 is off and running. We hope you will find time to join us at our February meeting on Friday, February 20 at noon, when we will welcome State Bar of Georgia President Patrise Perkins Hooker.

I had the pleasure of hearing her speak to a workshop at the Midyear Meeting of the National Conference of Bar Presidents in Houston this past weekend. The topic was the globalization of the legal profession. Other panel members commended Georgia's leadership on setting the scope of representation for international lawyers practicing in Georgia and vice versa. I was also able to hear from Paula Frederick in a panel about mentoring and professional guidance where Georgia's
Transition Into Law Practice Program was held up as the "gold standard" for mentoring. In light of the leadership our State Bar has shown, let us seek out leadership opportunities in our community.

I want to commend Martina Palatto and the dozens of volunteers and organizers who made the High School Mock Trial Competition such a success. Read more....

State of Judiciary Address

Judicial Pay Raise

Chief Justice Hugh Thompson, Georgia Supreme Court, in his State of the Judiciary address has requested that legislation be passed for a state level judicial pay raise.

Judges of the Superior Courts, Court of Appeals and Supreme Court

have not received a base salary increase in 15 years! (just about 1999!)

__________________________________

GCBA members:

After Justice Thompson made his request, HB-279 was introduced to provide for a judicial salary increase. While it won't catch up with the past 15 years, it is a start. Please consider encouraging bar members and staff to contact members of our local legislative delegation on HB-279. Attached is the list of our Gwinnett delegation members with their Capital address and Capital contact info.

Mock Trial Logo

Congratulations & Mock Trial Volunteers Needed for District Competition

First, please let me thank all our volunteers for the recent Mock Trial Competition. We will do a further follow up article next month. Your help and assistance was invaluable.

Second, our local teams who won our recent competition were:

1.Greater Atlanta Christian

2.North Gwinnett

3. Wesleyan

Judge Robert Waller, Juvenile Court, was presented an award for 'Outstanding Volunteer of the Year.' Congratulations, Judge Waller!

District Competition

Volunteers are still needed for the District Competition for High School Mock Trial on February 28, 2015. The District competition will be held at the Georgia Justice and Administration Center this year. There are going to be three rounds: at 8:30 a.m., 12:30 p.m. and 3:30 p.m. I need 40 volunteers to help judge these rounds. If you are interested, please contact Martina Palatto with Andersen, Tate & Carr, P.C. at mpalatto@atclawfirm.com to sign up. All volunteers are greatly appreciated! Thank you to those who have already volunteered for regional and are volunteering again for district!

Martina G. Palatto, Esq.

Andersen, Tate & Carr, P.C.

1960 Satellite Blvd., Suite 4000

Duluth, Georgia 30097

770-822-0900 - Phone

770-822-9680 - Fax

2014 Traffic Law Update.

by Mickey Roberts

This case law update focuses primarily on appellate decisions involving automobiles, including DUIs as well as drug search cases.

Some of the important cases, in my opinion, involved:

Implied Consent: The Courts are routinely disregarding misleading statements by police officers in enticing persons to submit to state chemical tests. See Fedrick and Humphries
Source Code challenges are dead , at least as the Intox 5000 is concerned; the Intox 9000, who knows?
ALS Agreements can be admitted into evidence in the Defendant's criminal case, under Flading. This case breaks with years of precedence wherein in an agreement or result in a civil action could not be used in a criminal action.
Warrantless Cell phone searches incident to arrest are illegal. US Supreme Court case, Riley.
Private probation companies: The Supreme Court upholds 42-8-100(g)(1) as being constitutional. Courts do have the authority to contract with private probation providers, and does not violate due process. However, where private probation providers are concerned, the tolling of misdemeanor sentences is not permitted.
Search and seizure case law: saw several cases where the appellate courts ruled the search illegal where traffic stops were prolonged.

As usual please contact me if you have any questions regarding Traffic Law issues.

Click here for 2014 Traffic Law Update.

Click here for review of Mickey's practice highlights.

When Facts and Parties Change:

Applying Res Judicata and Collateral Estoppel

By: Marian C. Adeimy, Esq., Andersen, Tate & Carr, P.C.

While not always a simple process, cases are often settled or voluntarily dismissed before they go to trial. While settlement agreements and releases are drafted to be iron-clad, the age-old question remains: What happens to the claims and parties that are not a part of the lawsuit?

O.C.G.A. � 9-12-40 governs the conclusiveness of judgments with regard to the preclusion of specific claims, providing that "a judgment of a court of competent jurisdiction shall be conclusive between the same parties...as to ALL matters put in issue or which under the rules of law might have been put in issue in the [case]..."

Res judicata is also known as claim preclusion, and requires a party to bring all claims against an opposing party or parties in privity in one action, or those claims are potentially excluded. Collateral estoppel is often confused with, but differs from res judicata, in that it prevents the reconsideration of an issue already litigated between a party or parties in privity. Read more....

Finding a Case on Point: the Musings of an Appellate Lawyer

by: Frances Kuo, former President, GCBA and former staff atty on the Court of Appeals

I recently had an appeal where the trial attorney requested simple battery as a lesser included offense to child molestation, and the trial court responded that it didn't think it was applicable. The trial court asked the attorney for a case that supported his position, and in the short time that was available during the charge conference, the attorney could not produce one. Apparently, no case was found and produced prior to closing arguments and the final jury charge. Interestingly, the attorney also requested sexual battery as a lesser included offense to child molestation, and the trial court agreed to give it, notwithstanding a line of authority holding that sexual battery is not a lesser included offense to child molestation. Ultimately, the trial court did not charge simple battery as a lesser included offense to child molestation even though there was more than slight evidence to support the charge, which was incidentally the defendant's sole defense. Sound familiar? Who hasn't been able to find a case directly on point when time is of the essence?

Read more....

KELLY v. COOPER

HAPPY VALENINE'S DAY

- OR IS IT?

325 Ga.App. 145, 751 S.E.2d 889 (2013)
by: Margaret Gettle Washburn, ed.

For those of you out there considering making an offer of marriage, but perhaps having some cold feet, be careful what you say! Judge Branch, Court of Appeals, found that a former fianc�e, who brought an action against her former fianc�, alleging breach of promise to marry and fraud, was entitled to her award of damages and attorney's fees, and upheld the ruling of the Superior Court of Coweta County.

In this case, the trial court awarded Melissa Cooper damages on her claims of breach of promise to marry, fraud, and attorney fees, at the conclusion of a bench trial. Read more....

GCBA GOES TO THE AURORA

by Judge Warren Davis

ONLY 2 TICKETS LEFT!

Give the gift of 'theatre tickets,' and an evening out on the town. Please join the judges and bar members attending.

Our next GCBA winter function will be to attend the showing of Les Miserables that will soon open at the Aurora Theatre. This show received rave reviews last year. The production features a professional cast of award winning actors.

We had 36 tickets and now only 2 are left. They are 'first come, first served.' We can try to get more tickets. Please act quickly if you are interested. Seats are excellent.

If you are interested, please don't delay. 2 seats left as of 2-10-15.

Our night is Friday, February 27, 2015, at 8 PM. - Friday, 2-27 @ 8 pm..

Hope you can join us. Cost is $31.74 pp.

Email Warren Davis, or call 770.822.8041. When tickets are gone we are disconnecting the phone and email.

ABA NEWS

Should Waze be prohibited from reporting where police cars are located?

Click here to join the ABA

GCBA Officer - Member Georgia House of

Representatives

Do you have an idea for future legislation?

Or, any comments on recent legislation?

You can email your GCBA officer at this House email address: chuck.efstration@house.ga.gov

Gwinnett Pro Bono Project

CLE @ GJAC

by Rachel Lazarus, Atlanta Legal Aid.

There is 'no Pro Bono' CLE scheduled for February, 2015. We hope to resume our CLE in March.

Why pro bono? Click here

Click here to contact the Project about volunteering and its monthly CLEs, mentoring, and litigation assistance, or call (678) 514-4818.

Click here for the Project's volunteer form.

Criminal Law Section

by Jim Wall

Beyers spoke about the mental health and veterans' courts at the Feb. 6 meeting, held at La Cazuela on the Lawrenceville square. These court programs, along with the drug court program, offer participants various services and incentives to assist them while taking accountability for the underlying criminal charges.

"We had a great turnout," said Jim Wall, chairman of the Criminal Defense Bar Section. "It was a great luncheon and the Criminal Defense Section is grateful to Judge Beyers and her staff for their time and attendance, and for the great questions from the audience."

To learn more about the drug court program, check out the Feb. 7 article in the Gwinnett Daily Post: http://www.gwinnettdailypost.com/news/2015/feb/07/gwinnett-drug-court-serves-addicts-community/.

The next meeting of the Criminal Defense Section is scheduled for March 6 at noon in the upstairs meeting room at La Cazuela.

Gwinnett County Superior Court Judge Karen Beyers talked about the benefits of the county's accountability courts at the Criminal Defense Section's monthly meeting.

Future Meeting dates:

April 3rd

May 1st

June 5th

Estate Planning & Probate Section

Probate & Estate Planning Meeting

by Melody A. Glouton, Chair

The Estate and Probate Section meeting

is not yet scheduled.

We hope to resume meetings in the near future.

Probate Court Pro Bono Clinic

The next session of the Gwinnett County Probate Court's Pro Bono Clinic will be Thursday, February 19, 2015 from 1:30 - 4:30 p.m. in Courtroom "1-H" of the Gwinnett Justice and Administration Center. (3rd Thursday of the month)

Another great way to get involved!

Each month, attorneys meet with low income and indigent Gwinnett residents seeking assistance on simple legal matters. The Probate Clinic offers advice and information on decedent's estates, guardianships, and wills. The Consumer Clinic offers advice and information for people who have been sued on consumer debts in either in State or Magistrate Courts.

Convenient and Reliable Scheduling: Your pro bono commitment would be on a set afternoon once every few months, depending on your schedule.
No long term commitments: Your commitment to the client ends at the end of the meeting. You are not required to attend court, have follow ups, and under Rule 6.5, the advice you give does not create a conflict of interest with other clients.

Please contact Rachel Lazarus at rmlazarus@atlantalegalaid.org for more information or to sign up to volunteer for a session.

New Child Support Worksheet available for download..

Greetings from the Georgia Commission on Child Support:

On January 6, 2015, version 9.1 of the Excel electronic Child Support Calculators was released. The Georgia Commission on Child Support, pursuant to O.C.G.A. �19-6-53(a)(3)(B)(iv), has the statutory responsibility to adjust formulas annually that are used in calculating Social Security (FICA) taxes for self-employment as changes occur in federal tax laws. As a result, the formulas used for calculations on Line 3 of Schedule B in both electronic Excel calculators have been updated. Please visit the Commission website,

Worksheet updates can affect amount of child support calculated. Always use the most current version.

http://www.georgiacourts.gov/csc/ to download the latest version.

Case Law Update

Suppression of cell phone tower dump records properly denied as Defendants generally lack standing to challenge release.

Defense attorney was not ineffective when he strategically referred to the defendant as a "drug dealer."

Cross Examination of Defendant's girlfriend as to whether she put money in the Defendant's prison account and whether she on the night of the murder she had two black eyes was properly admitted.

A trial court's finding that it lacked jurisdiction to decide the custody of an unborn child on the basis it would probably be born in Oregon constituted an erroneous advisory opinion.

State's failed to comply with 2 day deadline to file appeal.

(Case update provided by Dir. Ronnie Joe Lane, former Judge, Superior Ct., and by Jennifer Taylor, Staff Attorney Div. 10)

Be sure to re-join our award winning bar association for bar year July 2014 - June 2015.

Click here for downloadable application!

Don't be left out. Events, client referrals, luncheons, CLE, local news, case law update, section events and much more.

Rejoin today!

SEEKING ARTICLES, PHOTOS & CO-PUBLISHER(S) & 'REPORTERS'

We have 'opportunities' for those who would like to be a part of this award-winning publication, and no heavy lifting is involved.

Articles - we really appreciate articles written by local judges and lawyers. This is your newsletter, after all. You get to choose the topics which you think may interest your fellow bar members.

Announcements - we are glad to publish various notices concerning your office.

Photos - are always appreciated. We can help you with uploading.

Co-Publishers - are you interested in graphic design? Or helping to edit the newsletter? We can always use extra talent! A detectable pulse meets threshhold qualifications.

GCBA - Reporter - while these press credentials may not get you into the press box at the Turner Field we need 'reporters' to do regular columns, particularly interview pieces.

If you are interested in being part of the 'newsletter team' please email warren.davis@gwinnettcounty.com and/or Margaret Washburn.

HUMOR

Health Experts Recommend Standing Up At Desk, Leaving Office, Never Coming Back

Click here for this special report from 'The Onion.'

PRO BONO

SPECIAL THANKS TO OUR

GWINNETT PRO BONO

PROJECT VOLUNTEER

ATTORNEYS:

A GIANT THANK YOU TO ATTORNEYS WHO TOOK CASES IN JANUARY 2015.

Neena Panjwani-Saxena

Amber Saunders

Also, thank you to the volunteers who staffed the Pro Bono Probate Clinic in January

Ethel Andersen

Tatyana Beschastna

Brandy Gentry
Cari Hipp

John Martin Miles

John Welsh

Shirley Zambrano

And finally, thanks to the attorneys who joined our program in January!

Anthony Davenport

Barbara Evans

Daedrea Fenwick

Anna W Pearce

Amber Saunders

Crystal Wright

Daniel Wright

Gwinnett County Bar Association's Newsletter Policy

Margaret Washburn, Sr. Contr. Editor

Washburn 2010

Articles, notices and ads should be submitted to

Margaret Washburn, GCBA Newsletter in Word, WordPerfect format no later than the 10th day of each month. The editor reserves the right to edit all materials for form and content. Ads will be run for one month at a time, unless additional time is requested.

Your help is most appreciated in making this the best bar newsletter in the state of Georgia.

Sincerely,

Margaret Washburn.