President of Probate Judges Council Can NOT be Forced . . .

Discussion in 'GWL News & Information' started by Malum Prohibitum, May 1, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The President of the Probate Judge's Council asserts on her public web site that the probate court cannot be forced to issue the license until "the necessary reports have been received."

    From Judge Cason's web site (emphasis is mine):



    :-k


    Let's see. O.C.G.A. 16-11-129(d)(4) states, in pertinent part:


    Who is right? The judge or the General Assembly? It is a very perplexing question . . . :lol:
     
  2. lsu_nonleg

    lsu_nonleg New Member

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    Legislature creates law, judiciary interprets it. Interpreting the law did not give one license to create new definitions of words or attach conditions where none existed in the original text.

    But WTF do I know, I feel that way about the federal Constitution, too.

    Groan, once again I missed the sarcasm in my rush to, "what the F(!#@ do you mean the answer isn't clear!!!"
     

  3. ptsmith24

    ptsmith24 New Member

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    Very true.
     
  4. Taler

    Taler New Member

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    I assert that Betty is :screwy:
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Her argument won at the trial level in one case, which is now on appeal. All pleadings available here.
     
  6. Adam5

    Adam5 Atlanta Overwatch

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    Re: President of Probate Judges Council Can NOT be Forced .


    It doesn't make sense to me, how this can up for interpretation. The state legislature plainly says that a report in not required. Judges should not be allowed to override what the law says.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, sir, that is because you are not trained in the subtleties of the law, sir, which declare emphatically that something which is not required actually is required and something that shall be done in 60 days shall not be done prior to the expiration of 6 months . . .
     
  8. Adam5

    Adam5 Atlanta Overwatch

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    I wish I could interpret my bosses deadlines that way......
     
  9. glockgirl

    glockgirl New Member

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    dang skippy!

    I am so glad MP is here to translate this legal gibberish for us
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I do! :D
     
  11. Rammstein

    Rammstein New Member

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    So if a probate judge tells me I must give my relatives part of the inheritance, can I tell her "eh....I'll think about it. Expect my decision in 4-6 months."
     
  12. Dan H

    Dan H New Member

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    EXACTLY!
     
  13. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

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    I guess we will soon find out in the Moore v Coweeta County case.