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Judge finds merit in both sides of Harkins-Lowe dispute
By Sharon Hall
Superior Court Judge David L. Dickinson handed down his decision in the long-standing dispute over who will have control of the Lumpkin County Magistrate Court's records. In a way, the judge handed down a split decision, coming down on the side of Clerk of Courts Rita Harkins on two points and the side of Magistrate Judge Jeff Lowe on two others.
In December last year, Lowe informed the board of commissioners he would be removing the records of his court from the clerk of courts office, and requested they transfer the salary and benefits of the person handling those records in the clerk's office to his budget. Lowe told the board he did not need their approval to remove the records, only the transfer of funds.
Harkins disagreed. When she refused to comply, Lowe issued an order demanding Harkins relinquish the records. When she refused to comply with the order, he issued a subpoena for her to appear before him on a contempt of court charge.
Both sides hired attorneys, at county expense.
Several charges and counter charges were lodged. Lowe sought a declaratory judgement that he had the right to remove Harkins (or any party acting as clerk of magistrate court) from that office, and take possession of the records. He also sought to obtain from the clerk all computer and financial information regarding the magistrate court, its files and finances. in July the case went before Dickinson.
Harkins contended that Lowe was not entitled to a declaratory judgement because he had already chosen a course of action and needed no guidance from the Court. She also filed a counterclaim asking the court to prohibit Lowe from issuing any additional orders such as the one he issued demanding his court's records.
But Dickinson found that an actual controversy did exist, and the two were locked in a “hopeless conflict. ...declaratory judgement is appropriate,” he wrote.
Dickinson ruled in favor of Harkins, however, in the main matter of contention-who will control the records of the magistrate court-and whether or not the magistrate judge can remove her from the office of clerk of magistrate court. In making his decision, Dickinson considered whether or not the governing authority of the county initially appointed the clerk of superior court as the clerk of magistrate court as well.
No resolution was ever passed appointing a clerk of magistrate court. However, at a May 9, 1983 meeting the county's superior court judges entered an Order appointing Edward Tucker to that position based on the recommendation of then sole-commissioner J.B. Jones. After that, in the minutes of a June 1, 1983 meeting, Tucker's name appears as clerk of magistrate court, and a minimum salary of $2,400 is set for him to perform that duty.
The Georgia statute that allows the governing authority to appoint the clerk of superior court as the clerk of magistrate court does not provide a method for the appointment, Therefore, Dickinson wrote in his decision, he “look[ed] to the effect of the action taken by Lumpkin County. The minutes specifically list Edward Tucker (the superior court clerk) as clerk of magistrate court clerk, and provide him a salary. The superior court clerk has actually served as clerk of magistrate court for many years. The Court find that the superior court clerk was appointed to serve as magistrate court clerk.”
In the July hearing, Lowe claimed that even if the appointment of the superior court clerk was found to be lawful, that it was a personal appointment of Edward Tucker to that post and should not be permanent. But Dickinson ruled that there was “nothing in the statute to suggest that an appointment is personal ... the statutory scheme allows for local legislation to determine who shall serve as magistrate court clerk.”
Lowe's contention that he, as magistrate judge, has the right to remove the clerk from office. Judge Dickinson did not agree, stating the statute did not provide for removal of the clerk.
In determining who should be in possession of the magistrate court's records, Dickinson looked to the statute that sets out the duties of the superior court clerk, which includes keeping “all books, papers, dockets and records ....”
“By analogy,” Dickinson's ruling states, “the Court finds that it is the duty of the magistrate court clerk to keep the records of the magistrate court.”
Dickinson found in Lowe's favor when it came to his order to Harkins to provide his office with financial information. Since the statute governing fees and other funds states that it is the responsibility of the magistrate to account for and turn over to the county those funds collected, “it follows that the chief magistrate cannot provide proper oversight to compliance ... unless he has appropriate access to the magistrate court's financial records.”
On Harkins' request for an injunction prohibiting Lowe from issuing any further Orders to her, Dickinson found that since the Court had made its ruling, an injunction was not necessary. The decision does not bar her from requesting relief in the future, “should the circumstances so warrant,” the decision reads.”
Lowe is still determined to have control of his records. Since the former governing authority originally appointed the clerk of superior court as clerk of magistrate court, he reasons, the present governing authority has the power to remove those duties from the current clerk and appoint someone else. Lowe plans to appear before the board of commissioners' October work session to request that they appoint a new clerk, who will be housed in his office.
In December last year, Lowe informed the board of commissioners he would be removing the records of his court from the clerk of courts office, and requested they transfer the salary and benefits of the person handling those records in the clerk's office to his budget. Lowe told the board he did not need their approval to remove the records, only the transfer of funds.
Harkins disagreed. When she refused to comply, Lowe issued an order demanding Harkins relinquish the records. When she refused to comply with the order, he issued a subpoena for her to appear before him on a contempt of court charge.
Both sides hired attorneys, at county expense.
Several charges and counter charges were lodged. Lowe sought a declaratory judgement that he had the right to remove Harkins (or any party acting as clerk of magistrate court) from that office, and take possession of the records. He also sought to obtain from the clerk all computer and financial information regarding the magistrate court, its files and finances. in July the case went before Dickinson.
Harkins contended that Lowe was not entitled to a declaratory judgement because he had already chosen a course of action and needed no guidance from the Court. She also filed a counterclaim asking the court to prohibit Lowe from issuing any additional orders such as the one he issued demanding his court's records.
But Dickinson found that an actual controversy did exist, and the two were locked in a “hopeless conflict. ...declaratory judgement is appropriate,” he wrote.
Dickinson ruled in favor of Harkins, however, in the main matter of contention-who will control the records of the magistrate court-and whether or not the magistrate judge can remove her from the office of clerk of magistrate court. In making his decision, Dickinson considered whether or not the governing authority of the county initially appointed the clerk of superior court as the clerk of magistrate court as well.
No resolution was ever passed appointing a clerk of magistrate court. However, at a May 9, 1983 meeting the county's superior court judges entered an Order appointing Edward Tucker to that position based on the recommendation of then sole-commissioner J.B. Jones. After that, in the minutes of a June 1, 1983 meeting, Tucker's name appears as clerk of magistrate court, and a minimum salary of $2,400 is set for him to perform that duty.
The Georgia statute that allows the governing authority to appoint the clerk of superior court as the clerk of magistrate court does not provide a method for the appointment, Therefore, Dickinson wrote in his decision, he “look[ed] to the effect of the action taken by Lumpkin County. The minutes specifically list Edward Tucker (the superior court clerk) as clerk of magistrate court clerk, and provide him a salary. The superior court clerk has actually served as clerk of magistrate court for many years. The Court find that the superior court clerk was appointed to serve as magistrate court clerk.”
In the July hearing, Lowe claimed that even if the appointment of the superior court clerk was found to be lawful, that it was a personal appointment of Edward Tucker to that post and should not be permanent. But Dickinson ruled that there was “nothing in the statute to suggest that an appointment is personal ... the statutory scheme allows for local legislation to determine who shall serve as magistrate court clerk.”
Lowe's contention that he, as magistrate judge, has the right to remove the clerk from office. Judge Dickinson did not agree, stating the statute did not provide for removal of the clerk.
In determining who should be in possession of the magistrate court's records, Dickinson looked to the statute that sets out the duties of the superior court clerk, which includes keeping “all books, papers, dockets and records ....”
“By analogy,” Dickinson's ruling states, “the Court finds that it is the duty of the magistrate court clerk to keep the records of the magistrate court.”
Dickinson found in Lowe's favor when it came to his order to Harkins to provide his office with financial information. Since the statute governing fees and other funds states that it is the responsibility of the magistrate to account for and turn over to the county those funds collected, “it follows that the chief magistrate cannot provide proper oversight to compliance ... unless he has appropriate access to the magistrate court's financial records.”
On Harkins' request for an injunction prohibiting Lowe from issuing any further Orders to her, Dickinson found that since the Court had made its ruling, an injunction was not necessary. The decision does not bar her from requesting relief in the future, “should the circumstances so warrant,” the decision reads.”
Lowe is still determined to have control of his records. Since the former governing authority originally appointed the clerk of superior court as clerk of magistrate court, he reasons, the present governing authority has the power to remove those duties from the current clerk and appoint someone else. Lowe plans to appear before the board of commissioners' October work session to request that they appoint a new clerk, who will be housed in his office.
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The following are comments from the readers. In no way do they represent the view of thedahloneganugget.com.
to jeff wayne wrote on Sep 23, 2009 3:08 PM:
" I don't know why you assume that Jeff Lowe is trying to hide something. Jeff told me all he is asking for is not to have to go to the Clerk's Office every time he needs to pull a record. If they would just give him access to them by computer from his office it would solve the whole problem. I can tell you Jeff is NOT "having such a tantrum trying to control" there is just a simple disagreement. It's not like he is saying anything bad about Rita, or anything like that. "
opinion wrote on Sep 23, 2009 4:46 PM:
" Even though he is no longer in the office why does Edward Tucker's name still haunt Lumpkin County government?? "
Waste wrote on Sep 23, 2009 10:25 PM:
" "Both sides hired attorneys, at county expense..."
And what do you think we, the citizens, paid for this dispute? Rita and Jeff could have done us all a favor and worked it out over a cone at Dipper Dan's.
Thank you both for yet an additional expense to this taxpayer. "
And what do you think we, the citizens, paid for this dispute? Rita and Jeff could have done us all a favor and worked it out over a cone at Dipper Dan's.
Thank you both for yet an additional expense to this taxpayer. "
to opinion wrote on Sep 24, 2009 12:17 PM:
" What gives you the right to use terms like "still haunt Lumpkin County government" in relation to Edward Tucker? Mr. Tucker is one of only a few elected officals to stay in office over 30 years dispite nasty lies about him from those who wanted to get his job. He must have been doing things right to get by that. I suspect by your comment you are one of those who couldn't beat him in an election. "
Saul Good wrote on Sep 24, 2009 10:59 PM:
" Ahh yes, our judge.. who never attended even one single semester of law school yet who solely decides the financial and criminal fates of the many who stand or sit before him. It's quite obvious he has something to hide. Why did he not move to have all the records and his own clerk when Tucker was the sole clerk? Look towards he as well and you will find what you seek.
Perhaps it's time for Lumpkin County to step out of the stone ages and hire/elect judges that "by law" have a law degree and are a member of our state bar. Sad that every lawyer that has to go before him is 10X more qualified as a Jurist compared to he (and yeah..they DO talk about him behind his back)... "
Perhaps it's time for Lumpkin County to step out of the stone ages and hire/elect judges that "by law" have a law degree and are a member of our state bar. Sad that every lawyer that has to go before him is 10X more qualified as a Jurist compared to he (and yeah..they DO talk about him behind his back)... "
Know your subject wrote on Sep 25, 2009 10:02 AM:
" Saul Good, if you do a little checking yourself you will find that out of 129 counties in this state only 4 Magistrates have "attended even one single semester of law school". You will find that is the case nation wide for Magistrates. For what the job pays (about $40,000 a year last I heared) no lawyer is going to give up a law pratice for it. Many counties have farmers as Magistrates that only get paid $10,000 or so a year, and you have to go to their farm to get a warrant for somebody. "
Saul Good or no good wrote on Sep 25, 2009 11:25 AM:
" Saul Good likes to rattle off about lawyers and non lawyers in the magistrate office.
Well, raise the pay to over $100,000 per year and you may get a few out of town lawyers to move in up here and run.
By the way, how's the weather in Iowa this week? "
Well, raise the pay to over $100,000 per year and you may get a few out of town lawyers to move in up here and run.
By the way, how's the weather in Iowa this week? "
Thank You wrote on Sep 25, 2009 5:56 PM:
" Saul Good or no good, I have to agree with you on your whole comment Thank you for your comment now I know who "Saul Good" is.
Oh "Saul Good" how is the City Manager job going? "
Oh "Saul Good" how is the City Manager job going? "
The same should apply wrote on Sep 25, 2009 6:14 PM:
" Well Saul Good, then if the Magistrate Judge needs to be a lawyer the same should apply to other jobs. Like the former Envoirmental Complaince Officer should had a degree in some kind of real Science not political science. Oh why not the Tax Commissioner be a lawyer too she has to deal with all kinds of legal issues, but she "never attended even one single semester of law school" . How about the Clerk of Court has she ever "attended even one single semester of law school"? How about the Sheriff he has "never attended even one single semester of law school". Heck let's make it a rule you have to have a law degree to run for a BOC post. "
jmcdowell wrote on Sep 26, 2009 3:51 PM:
" I dont have a dog in this fight,but when you are spending tax dollars to wage this presonal power struggle,Someone needs to just say enough is enough... "
Too many lawyers wrote on Sep 26, 2009 6:08 PM:
" if you people coming up with such crazy ideas, Amos will sponsor a bill next year that will require all elected officials to have a law degree.
Cany you picture this??????
Board of Commissioners:
Chair: Alfred Chang
District 1 - Emily Lewy
District 2 - Bill Woody
District 3 - Doug Parks
District 4 - Al Barr
Sheriff: KC Horne
Tax Commissioner: Joy Edelberg
Clerk of Court : Angela Clark
Magistrate Judge: Roger Palmour
Probate Judge: Stroud Stacy
OH MY GOD.
RUN FOR YOUR LIFE.
GRAB YOUR WALLET AND HIDE YOUR KIDS.
I would think you could charge money there would be so many people at the meetings to watch.
The circus is back in town folks.
"Come one, come all, to the funniest show on Earth"
SCARY ISN'T IT? "
Cany you picture this??????
Board of Commissioners:
Chair: Alfred Chang
District 1 - Emily Lewy
District 2 - Bill Woody
District 3 - Doug Parks
District 4 - Al Barr
Sheriff: KC Horne
Tax Commissioner: Joy Edelberg
Clerk of Court : Angela Clark
Magistrate Judge: Roger Palmour
Probate Judge: Stroud Stacy
OH MY GOD.
RUN FOR YOUR LIFE.
GRAB YOUR WALLET AND HIDE YOUR KIDS.
I would think you could charge money there would be so many people at the meetings to watch.
The circus is back in town folks.
"Come one, come all, to the funniest show on Earth"
SCARY ISN'T IT? "
To Jeff Wayne wrote on Sep 26, 2009 8:02 PM:
" Jeff has already had access to the Clerk's records from the program that was installed in his office by Edward Tucker. Jeff could see everything that was filed in the Clerks office. As everything is scanned images. (Which the Clerks office does). He had the same computer program that the Clerk has. Only he could not change anything. He pitched a fit about it and had the access removed because he and his workers couldn't figure out how to work the program, even after being trained. Imagine that!! It was free of charge. Why did he give up access that was free if it was so important to him? I see the girls in the Clerks office typing all the orders for him to sign, issuing all the Fifa's and helping all customers fill out all of the paper work. His office never helps fill out anything for the public. They always send them to the Clerk's office to get help. Seems to me that Edward Tucker taught Jeff most of what he knows now anyway.He was always in Edward's office asking how to do something. Look at the Thanks he gets. And when I've been there, the girls from the Clerk of Court take the records to Jeff. He NEVER, NEVER comes to get them. How can he think he can take care of these records when he couldn't even learn the simple receipt program? And when he keeps on pursuing this stupid stuff, it only cost the tax payers more money. The Clerks office has never had a problem taking care of handling the records or the money. But if I remember correctly, Jeff's office had someone taking money from tax payers, right under his nose. How could he not know this? Auditors have always said the Clerk's office is one of the best offices in the County!! Never a problem of someone stealing from the Clerk. Sounds like he wants control to me. Or is there another motive? "
The same should apply wrote on Sep 27, 2009 3:53 PM:
" to Too many lawyers, I agree with you I didn't mean for real I was just making a point that we can't afford a lawyer for every nick picking office. "
Missing the Point wrote on Sep 27, 2009 8:29 PM:
" The point is not that you have to have a law degree to hold public office. It is that is you are going to be a JUDGE you should be trained in the law. In spite of the uninformed statement above, it is not the case across the nation that magistrates are not lawyers. Florida, Virginia and a number of other even Southern states require that their magistrates be trained attorneys. And they laugh at Georgia for maintaining a backwards and unprofessional system. How would you like to stand as a criminal defendant before a former cop who had never even been to college, nonetheless law school, but who had taken an eighty hour training course. He could not even appear in his own court on behalf of a third person yet trained attorney's argue before this man?
There is another reason to be concerned about the consolidation of records Lowe proposed. Does noone remember that in 2005 the a clerk of the magistrate court embezzled $45,000 without anyone noticing? The report, which you can read here, http://www.thedahloneganugget.com/articles/2005/11/09/news/03grizzle.txt, indicates that an associate judge supposedly noticed a discrepancy in a bank deposit just as the people she was ectoting money from went to the GBI. Why no further investigation into this? And how does $45,000 go missing over 9 months without the person in charge of the office knowing about it? Unless that person is completely asleep at the wheel or for some starnge reason just isn't looking to hard. "
There is another reason to be concerned about the consolidation of records Lowe proposed. Does noone remember that in 2005 the a clerk of the magistrate court embezzled $45,000 without anyone noticing? The report, which you can read here, http://www.thedahloneganugget.com/articles/2005/11/09/news/03grizzle.txt, indicates that an associate judge supposedly noticed a discrepancy in a bank deposit just as the people she was ectoting money from went to the GBI. Why no further investigation into this? And how does $45,000 go missing over 9 months without the person in charge of the office knowing about it? Unless that person is completely asleep at the wheel or for some starnge reason just isn't looking to hard. "
Andre wrote on Sep 28, 2009 8:39 AM:
" Some individuals have bought "sense", so individuals have "common" sense, too bad the ones with "bought" sense think the ones with "common" sense have "NO" sense. "
Know you subject wrote on Sep 28, 2009 10:08 AM:
" This statement about there only being four magistrate judges in Georgia that have a legal educationis patently false. The poster apparently just made it up. Following are five Georgia magistrates that have legal training:
Judge Elizabeth Bedore Reisman
Hall County Magistrate Court
Judge Margaret S. Gregory
Hall County Magistrate Court
Judge David Burroughs
Hall County Magistrate Court
Judge Anthony Michael Tarnacki
Dawson County Magistrate Court
Judge Joy Parks
White County Magistrate Court
The list could go on and on. Georgia is not as backwards as some would hold it out to be. Believe it or not, many attorneys are actually very interested in public service, much more so than the almighty dollar.
Lumpkin County could change the requirements for magistartes. The Georgia code sets minimum requirements but allows counties to set additional qualifications. "
Judge Elizabeth Bedore Reisman
Hall County Magistrate Court
Judge Margaret S. Gregory
Hall County Magistrate Court
Judge David Burroughs
Hall County Magistrate Court
Judge Anthony Michael Tarnacki
Dawson County Magistrate Court
Judge Joy Parks
White County Magistrate Court
The list could go on and on. Georgia is not as backwards as some would hold it out to be. Believe it or not, many attorneys are actually very interested in public service, much more so than the almighty dollar.
Lumpkin County could change the requirements for magistartes. The Georgia code sets minimum requirements but allows counties to set additional qualifications. "
have you done the job wrote on Sep 28, 2009 3:47 PM:
" Unless you have worked or been a magistrate or worked or been in the clerk's office you have no idea what you are talking about. it's real easy to sit on the outside and think you have all the answers but you have no idea. "
Gee wrote on Sep 28, 2009 5:27 PM:
" I have never seen such a fuss everytime there is a news story. It don't matter if other counties have lawyers for magistrate judges. Look at how much tax payer money is going to pay them. I have never had a lawyer to do anything to make me trust them so no lawyer will ever get my vote for magistrate judge. "
General Shelby wrote on Sep 29, 2009 9:39 AM:
" I previously thought Washington, DC and Atlanta, GA had a lock on people who spoke without regard for facts. After reading this little exchange, I now know that Dahlonega, GA makes an amazingly strong showing for such a small town.
It would behoove those who urge others to "know your subject", to know theirs before opening up to speak ... there are FOUR magistrates in Hall County alone who are members of the bar: Margaret Gregory, Elizabeth Reisman, David Burroughs and Tracy Loggins. Out of 158 remaining counties, I'd wager a lot (if that were legal) that there are dozens of other magistrates who are members of the bar.
I'm amazed. "
It would behoove those who urge others to "know your subject", to know theirs before opening up to speak ... there are FOUR magistrates in Hall County alone who are members of the bar: Margaret Gregory, Elizabeth Reisman, David Burroughs and Tracy Loggins. Out of 158 remaining counties, I'd wager a lot (if that were legal) that there are dozens of other magistrates who are members of the bar.
I'm amazed. "
Show me wrote on Sep 29, 2009 10:43 AM:
" Some one show me where there is a law in Georgia that even suggest a Magistrate Judge be a lawyer. There is a school every new Magistrate Judge has to go to just like ever new Sheriff has to go to Sheriff school. Jeff Lowe went to it Jeff is also POST certified and has years of law enforcement experience behind him. That means he knows what the real world is about something no law school can ever teach. So if you want someone is in the real world then you need a non lawyer, but if you want someone who only knows what some book says then you get a lawyer. Most of you are missing the point that a Magistrate was intended to have a real world view before it gets to the higher court, and any thing he says can be over turned by the judges up stairs. "
worried taxpaying mom wrote on Sep 29, 2009 1:05 PM:
" I'm more concerned with that we are footing the bill over thier lil spat, when they should have been brought into a conferance room and had the differenced worked out instead of spending our tax money to fight it out. No matter what anyone is trying to hid or not hid all will be brought to light evendually and they will have to answer for thier actions but lets not use the hardworking tax payers money for such non sense that should've been settled before it got to the point of each side hiring a lawyer. I am so disapointed because this is sad to say the least about our county :( "
On the subject wrote on Sep 29, 2009 3:38 PM:
" Never mind about this spat about where the Magistrate is a lawyer or not. That is not the subject of this story. The subject is "Judge finds merit in both sides of Harkins-Lowe dispute" Now you people saying "Know Your Subject" are far from the subject. I guess if this story had been about a chicken farmer you would be fignting about what kind of watermelon is best.
I am sure that most of the anti-Jeff Lowe post have come from people who didn't like the outcome of his court. Some people just think the law should not apply to them. "
I am sure that most of the anti-Jeff Lowe post have come from people who didn't like the outcome of his court. Some people just think the law should not apply to them. "
to General Shelby wrote on Sep 29, 2009 7:34 PM:
" If you don't like Dahlonega, go to Atlanta, Washington, or where ever else comes to mind. "
The wrote on Sep 30, 2009 6:36 AM:
" Someone should have looked further into the teft that took place in the magistrate's office. It was $45,000 over nune months, not a small percentage of that office's budget. The Nugget was never clear if it was discovered by an associate magistrate during an audit or was the result of a report to GBI by people who were threatened with jail if they did not pay up in cash to the court clerk. This should not have passed with so few questions. Perhaps no one in the GBI wanted to consider that their former colleague might have had a hand in the cookie jar or turned his attention from the theft of others? The question still looms large: How do you not notice when that amount of money, a large part of the office budget, disappears over 9 months? "
grewupinLumpkin wrote on Sep 30, 2009 1:04 PM:
" Could they be more twelve? It is almost as if she took his GI Joes and won't give them back. This is the kind of crazy argument that leads to wars and riots and the such. I have more power over you.... blah, blah, blah... Like was said earlier - Have a nice civil discussion down at Dipper Dan - maybe bring some buddies, vote on it, then go home and spend a nice evening with your families. It sure beats being frustrated with one another and not speaking, even expecting the other to take further action - also, it beats the locals from having to pay for your pathetic childhood dispute.
One more question before I go -
How in the world are we supposed to teach our children not to stress over the little things if the one's they have to look up to are not practicing the same? How are we supposed to guide them to 'love one another' if even adults are showing such childish romps through our own courthouse? Do the word community not mean a thing to you? "
One more question before I go -
How in the world are we supposed to teach our children not to stress over the little things if the one's they have to look up to are not practicing the same? How are we supposed to guide them to 'love one another' if even adults are showing such childish romps through our own courthouse? Do the word community not mean a thing to you? "
grewupelsewhere wrote on Sep 30, 2009 2:21 PM:
" Agree with grewupinlumpkin.....Sounds like to me there are some pretty bored people living in one of the most beautiful places in Georgia. Get a life and quit bickering about the little things in life. You certainly can't change them. "
Dont Tug on Supermans Cap wrote on Sep 30, 2009 7:16 PM:
" Here is an idea for all you who think something fishy is going on with missing money and petty fighting and power struggles......The Magistrate Judge is an ELECTED OFFICIAL!
Vote for CHANGE if you think someone can do a better job!
Pretty much just a glorified dog catcher anyway right? "
Vote for CHANGE if you think someone can do a better job!
Pretty much just a glorified dog catcher anyway right? "
Main Reason wrote on Oct 2, 2009 8:34 AM:
" The main reason that Judge Lowe wants his records in his office is so that he can have friendly customer service for the people of Lumpkin County. He wants the civil papers to be served correctly, quickly and properly. He has heard numerous times about how long it takes for the court process to be completed. If all of his civil files were in his office, he would be the overseer and make sure that things were done quickly. This is not a power struggle but it is an elected official that wants his duties as Magistrate Judge to be done as they are suppose to be done. The paperwork has to be brought back and forth to his office for signatures and court files have to brought over for court. If his files were in his office the complete process could be handled quicker and more efficient. He is only wanting what most other Magistrate Court offices already have in place. Why not let him have his records and let the Superior Court handle things that really need to be handled. "
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jeff wayne wrote on Sep 23, 2009 12:02 PM: