Conversation with Magistrate judge today

Discussion in 'GA Laws and Politics' started by legacy38, Jul 20, 2007.

  1. legacy38

    legacy38 Active Member

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    I had a conversation with one of GA's esteemed Magistrate court judges today concerning some recent issues we have discussed as of late pertaining to the definition of "peace officer" as it relates to exceptions in the law and in reference to military members.

    He sent me a fax with some annotations and AG opinions to read over, but he also cautioned me that AG opinions did not hold legal precedent and that he would not rely strictly on them without researching the actual case law. He did seem intrigued by the questions. The fax that he sent me is supposed to point me in the right direction to find case law on the subjects. I have not read through the fax yet, and I won't have to do so until tomorrow at the soonest.

    His initial leanings based on the annotations (which he said that he would not trust for a ruling on their own) were that military members regardless of being in actual service were exempt from the GFL requirements and met the standard for exemption were "military service" was granted under GA law.

    His initial leanings for "peace officer" were that they be POST certified and have arrest powers to include police officers, probation officers and the like. He wasn't sure the correctional officer certification would fall into that mix without doing further research.

    I'll provide more later, but I have to run now.
     
  2. Rammstein

    Rammstein New Member

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  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Would that further research perhaps include reference to 16-11-130(a)(2)?
     
  4. legacy38

    legacy38 Active Member

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    I mentioned that section. It was one of the sections where he thought certification could come into play. Once again, he didn't give any set in stone answers as he hadn't read all of the case law.

    He did say that whether the jail/prison was a private or government facility wouldn't be an issue as long as the workers had the same certifications as a worker in a government run facility.

    He said in many of these issues there may not be any definitive case law and that judges would probably rule based on their own research/interpretation until a higher judge ruled otherwise.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    There is no case law on jailers and (a)(2) . . .
     
  6. legacy38

    legacy38 Active Member

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    What constitutes a jailer? Do they have to be certified, or is it anybody the sheriff or chief hires to lock the doors?
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    If there was a case, I assure you it would be here.

    Guys, this really is your best resource. Do other states have something like this? :D

    Use it!
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Are those jailers? :D
     
  9. legacy38

    legacy38 Active Member

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    I honestly don't know what requirements are for jailers and whether or not they have to be certified. I've never worked the jail. I've only been in them to drop arrestees off and to conduct interviews.

    At least one of the magistrate judges in one of the counties I work has the same questions.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The answer to that question I think necessarily determines the scope of the exemption.

    Well, it does not say "jailer." It says keepers of jails and keepers of correctional institutions. Do you have to be certified to be a "keeper?"

    This is not the warden, as he has his own exemption.
     
  11. legacy38

    legacy38 Active Member

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    I don't know, and I don't want to be part of the test case.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    You have your own exemption, too. :lol:
     
  13. legacy38

    legacy38 Active Member

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    Yes, but that don't do a dang thing for anybody else though.
     
  14. legacy38

    legacy38 Active Member

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    Looking through the LE handbook this morning, I found a section that says that jailers and juvenile corrections officers must attend and complete a POST certification course within six months of employment; however, it didn't outline the course.

    In 35-8-2(8), the language is that peace officer status applies to those that are "authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions"

    GA law just runs in circles.

    edit Gunstar1: removed unwanted emoticon