Motion on 60 day and SSN issues

Discussion in 'GWL News & Information' started by Malum Prohibitum, Mar 27, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    A GCO member has recently filed a motion against the Henry County Probate Judge regarding the failure to issue his license within 60 days and the demand for a SSN in violation of he Privacy Act, as well as failure to give warnings required by the federal Privacy Act.
     
  2. GeorgiaGlocker

    GeorgiaGlocker Romans 10:13

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  3. Rammstein

    Rammstein New Member

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    Very interesting.
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I doubt it would be so interesting if you were a probate court judge.
     
  5. Macktee

    Macktee New Member

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    Way to go JRM. Very well written! Actually DAMN well written. People would think you do that for a living or something.......!

    I was most impressed by your verbosity (or is it conciseness? whatever...) and would quickly rule in your behalf, if only I had the power to do so.

    If only I had the power to do anything....................

    If nobody else ever hears about GCO, the probate judges will certainly know who we are.

    Not wishing to ursurp other's in this matter, although I can't imagine anyone disagreeing with me here, I personally would like to offer a big thanks to John and Ed for the work they've done at our behest.

    No money, just thanks.........

    OK, so I'm cheap.

    So what?



    Please notice I didn't say "so sue me"....!



    I may be crazy but I'm not stupid!
     
  6. foshizzle

    foshizzle New Member

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    Looks great!

    Out of curiousity though... is this different than the previous case for a violation of the 60 day issue period? Was this one filed with different expectations or something?

    https://www.georgiapacking.org/forum/vie ... php?t=1204

    Perhaps because it also has the SSN requirement in it? Isn't the other one still in the appeal process? I lose track of all the action GCO is taking.

    I'm willing to bet a good portion of the judges already know :lol: Too bad the people outside of this website don't know how things are improving thanks to GCO and hard-working board members. We'll have to work on changing that as well.
     
  7. Gunstar1

    Gunstar1 Administrator

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    The 60 day case that is on appeal is Moore v Cranford.
    This is Puckett v. Powell.

    Different county (Moore is Coweta, Puckett is Henry). Remember it is not until an appeals court or the GA supreme court issues an opinion will it affect all counties. So yes, multiple SSN and/or 60 day violation cases have been filed.
     
  8. Well written. Very direct in subject and scope. I, too, thank GCO. My 60 days will be up Sunday April 1st. Although the SNN issue will not apply (I filled out the * optional SSN, which I did not provide) the 60 days will most likely be violated. Sadly.
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Me, too! :D
     
  10. jrm

    jrm Sledgehammer

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    Federal Judge Rules in Favor of GCO Member

    In an order that will be available soon on GCO's web site, the federal court granted (in part) the GCO member's motion, finding the probate judge violated the federal Privacy Act (for failing to give warning when requesting SSN) and Georgia law (for failing to issue a GFL within 60 days). The federal court ordered the probate judge to comply with both laws for future GFL applications. The court also ordered the judge to pay reasonable attorney's fees.
     
  11. Brian618

    Brian618 New Member

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    Yeah!!! There's one for the good guys. :woohoo:
     
  12. Tinkerhell

    Tinkerhell Active Member

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    Nice. 8)

    You guys get that stuff posted ASAP so I can include some print outs in the handbook I'm making for the GCO table this weekend!! Someone PM me once it posts please.
     
  13. MLS 4506

    MLS 4506 Active Member

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  14. Wiley

    Wiley Guest

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    :cheers: :woohoo: :righton:

    Congratulations to one and all. I had doubts but the legal system came through with a little push by jrm, MP, et. al.
     
  15. legacy38

    legacy38 Well-Known Member

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  16. ber950

    ber950 Active Member

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    Im confused :? a Federal Judge said the Probate court violated State law by not issuing in 60 days :?: but the State appeals court says probate judges can take longer than 60 days :shock: What are the legal ramifications of that :?: :help:

    :popcorn:

    btw Good Job JRM etal.
     
  17. merlock

    merlock Active Member

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    Another feather for GCO!!!!

    Way to go!! :bowdown: :cheers: :woohoo: \:D/
     
  18. Wiley

    Wiley Guest

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    Can Powell/Henry Co. appeal and would that go to the 11th Circuit? (pessimism rising)

    ETA: After reading the decision and seeing all the refferences to 11th Circuit decisions I wouldn't think that an appeal to the 11th would be successful. Or even accepted.

    I like the bits referencing the 60 day aspect and the direction by a Federal Court that a Georgia probate court must follow Georgia law. (What a concept!) More legal ammo for other pending 60 day cases. And the Cobb defacement of documents case (exceding statutory authority in a non-judical capacity).

    I do hope that the funding authority for the Henry Co. probate courts makes Powell pay the tab out of her own pocket. Someone should send them a copy of the decision and, after being filed and approved by the Federal District Court, the bill with that recomendation.
     
  19. M249

    M249 New Member

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    Wow, JRM, that was excellent! :woohoo:

    That almost makes me want to leave IT and become a law-yuh.
     
  20. ICP_Juggalo

    ICP_Juggalo Professional Troll

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    Oh Hell Yeah! :D

    Stick it to 'em JRM :twisted: