FBI Breakfast

I had a great time this morning as the guest and Discussion Leader of the FBI (Friday Breakfast at IHOP), lead by the Rev. Dr. Bob Durham, drbobdurham.com. 

The group is a weekly, informal gathering of politically-active conservatives who enjoy sharing a meal and polite, stimulating conversation;  followed by a presentation from a political candidate, leader, lobbyist, etc.  The main point of the gathering is “to be informed and to stay informed.”  The gathering is not affiliated with any political party or group.

I enjoyed listening to, and joining in, various conversations ranging from the school tax exemption ballot question to visiting Normandy, France on a recent vacation.

The fine men and women of FBI do their homework, so there was no need to make a campaign pitch.  Instead, I talked about the new Squatter Reform Act, and how it changes (and hopefully improves) Georgia’s intruder ejectment procedures.

The FBI audience asked good, probing questions about the Squatter Reform Act, evictions and ejectments in general, and the courts.  One excellent question, which could possibly be the subject of a semester college psychology class, was, “Why does a lawyer want to become a judge?”  I’m still pondering that one.

Thank you, FBI!  I’ll visit again to enjoy the good company and “be informed and stay informed.”

Low Voter Turnout – GET OUT THE VOTE!

According to the Cherokee Tribune, as of May 11 only 3% of registered voters have voted in the primaries.  Advance Voting continues this week, and the official primary election day is next Tuesday, May 21, 2024.  Read about it here:  https://www.tribuneledgernews.com/local_news/election/early-voting-turnout-slow-in-cherokee-county/article_bf6da9da-1160-11ef-a6d3-278182e56665.html

There are several important questions on the ballot, such as whether the school tax homestead exemption should be increased for seniors.  The Chief Magistrate Court Judge race will be finally decided in the Primary on May 21, 2024.

We have three more days of Advance Voting.  It’s fast; it’s easy.  Don’t stand in line, vote this week in advance!

No matter what, make sure that you vote on Tuesday, May 21, 2024.

And when you do:  Vote for Reliability;  Vote for Efficiency;  Vote for the Proven Candidate.

Vote for Greg Douds for Chief Magistrate!

The Lawyers’ Choice!

Greg Douds has been endorsed publicly by trial and appellate lawyers who have seen him in action in and out of the courtroom.  See their written endorsements at the bottom of my home page:  www.GregDouds.com.

Abby Ersin, Esq.
Real Estate Law
Cruikshank Ersin, LLC
Atlanta, Georgia

Kevin Roper, Esq.
General Practice Law
Roper Law, LLC
Jasper, Georgia

David T. Douds, Esq.
Georgia Public Defender, Appellate Division
Athens, Georgia

Peter Catlin, Esq.
Private Practice Attorney, Government Law
and Georgia State Defense Force Staff Judge Advocate (gsdf.georgia.gov)
Admitted to practice in Georgia, Alabama, and Florida
Sandy Springs, Georgia

William H. Turner, Esq.
Private Practice Attorney, Criminal Defense
and Georgia State Defense Force Assistant Staff Judge Advocate (Major) (gsdf.georgia.gov)
Canton, Georgia

Debbie Ausburn Bailey, Esq.
Partner, Taylor English Duma, LLP
Private Practice Attorney specializing in complex trials and appeals, esp. relating to juvenile issues
Atlanta, Georgia

Robb Kiker, Esq.
Private Practice Attorney
Clarkesville, Georgia

The Partners of the Flint, Connolly & Walker, LLP Law Firm
Canton, Georgia

And, of course, me!

Gregory T. Douds, Esq.
Admitted to practice in:
- United States Supreme Court
- United States Tax Court
- Georgia and Maryland Supreme Courts
- Georgia and Maryland Courts of Appeal
- All Georgia and Maryland Trial Courts

Your Full-Time Chief Associate Magistrate for 15+ years!

Deputy Staff Judge Advocate, Georgia State Defense Force (Major) (gsdf.georgia.gov)

Civil and Criminal Trials in all levels of court;  many administrative agency hearings;  appeals, including oral argument in the Maryland Court of Appeals. Not to mention, contracts, wills & trusts, probate & estate administration, nonprofit organizations, income and sales tax cases, and more!

Vote for The Lawyers’ Choice!  Vote Greg Douds for Chief Magistrate!

Cherokee Tribune Voter’s Guide

The Cherokee Tribune’s Voter’s Guide was published on May 4.  Remember to Vote Greg Douds on May 21! You can compare the candidates here:

https://www.tribuneledgernews.com/local_news/election/voter-guide-cherokee-county-chief-magistrate-judge/article_8a2017a6-07cc-11ef-bea0-7369b4d68b45.html

“Faith, Ethics, and Professionalism”

I enjoyed this evening in Decatur with members of the St. Thomas More Society of Atlanta.  The Society sponsored a continuing legal education judicial panel on the topic of “Faith, Ethics, and Professionalism.”

The panel of Superior Court Judges answered various questions based on their courtroom experiences about integrating religious faith with the ethical and professional ideals of lawyering.

For those who don’t know, St. Thomas More is considered the Patron Saint of Lawyers.  Read more at https://www.catholic.org/saints/saint.php?saint_id=324

University of Maryland at College Park One of Forbes Magazines “New Ivies”

I’m proud that my alma mater, the University of Maryland at College Park, was named by Forbes Magazine as one of the 10 public “new ivy league” schools. 

Source:  https://www.forbes.com/sites/emmawhitford/2024/04/29/the-new-ivies-as-employers-sour-on-the-super-elite-these-20-colleges-shine/?sh=284e84be438f

Political Signs and Campaign Integrity

Several people have expressed frustration because they don’t see my campaign signs in certain places where they’ve seen others, especially near polling places.  The arguments are that “everyone else is doing it” and “nobody enforces it.”

Sign placement is governed by State law and County and municipal ordinances.  The Magistrate Court hears trials of ordinance violations.

Maybe others do violate the sign laws (I’ve seen violations all over the County), and maybe nobody actually enforces them;  but I can’t knowingly violate the very laws I’ve taken a solemn oath to enforce and then ask you for your vote.  The office of Chief Magistrate is one of public trust.

I’m grateful for the concern so many people have expressed about preserving campaign integrity.  The best way I can fight for campaign integrity is to practice it.

By the way – if you think one of my signs is placed illegally, email the location to me at VoteDouds@GregDouds.com.  I’ll personally investigate and remove any signs that don’t belong.

Advance Voting Has Begun

Advance Voting has begun. Don’t risk missing your chance – something could go wrong to prevent you from reaching the polls on May 21.

The lines are short.  It’s a lengthy ballot, but the process doesn’t take long.  Even if you’re not normally motivated to vote in primaries, you’ll want to vote your opinion about expanding the senior homestead tax exemption and a couple other ballot questions.

The Tribune is expected to publish a Voters Guide on May 4, which should be reprinted in the Ledger several days later.

Voting hours are 8:30 a.m. until 5:00 p.m.

Locations

Cherokee County Elections & Voter Registration Office
193 Lamar Haley Parkway, Canton, GA 30114

The Buzz Ahrens Recreation Center
7345 Cumming Highway, Canton, GA 30115

Grace Community Church (Hickory Flat)
7770 Hickory Flat Highway, Woodstock, GA 30188

Ball Ground Public Library
435 Old Canton Road, Ball Ground, GA 30107

Rose Creek Library
4476 Towne Lake Parkway, Woodstock, GA 30189

Oak Grove Fire Station Community Room
100 Ridge Mill Court, Acworth, GA 30188

South Cherokee Annex Recreation Center
7545 North Main Street, Building 200, Woodstock, GA 30188
DROP BOX LOCATION

Endorsed by Crazy Dave

I’m thrilled to have the endorsements of my good friends Dave and Joelle Dean of Crazy Dave’s Hair Studio in Kennesaw. They’ve been taking good care of me for almost a quarter century. They’re sharp business people, and if you don’t like your haircut they’ll shave your head for free!

Fun at the 25th Chamber of Commerce and Farm Bureau Candidate Forum

      Thank you again to the Cherokee County Chamber of Commerce and the Cherokee County Farm Bureau for sponsoring their 25th candidate forum this evening.  I had fun!

      The audience asked challenging questions, making us think on our feet.

      You’ll learn more when the Voters Guide is published in the Tribune on May 4, and again in the Ledger shortly after.  That’ll be fun because neither of us knows how the other will answer, and there’s no option for rebuttal.

      Early voting begins on Monday, April 29!  Vote early -– don’t risk missing it -– because it’ll be decided in the primary.  May 21, 2024 is the last day to vote!  November will be too late.

Round Two -- It’s On!

      Come see Candidate Forum Round Two at the Historic Cherokee County Courthouse tomorrow night, Thursday, April 25, 2024.  Judge Douds and Judge Goodwin will square off to answer your questions.  Location:  Old Marble Courthouse, 100 North Street, Canton, Georgia, second floor courtroom.

      There’ll be a meet-and-greet from 5:30 p.m. until 6:30 p.m., followed by introductions, then debates for contested races. If you have questions, walk on over and ask me. Even better, write them on a card for the moderator to ask during the debate.

      Many thanks to the Cherokee County Chamber of Commerce and the Cherokee County Farm Bureau for sponsoring this event.

On the Yard Sale / Campaign Trail

We had fun at our neighborhood’s semi-annual yard sale this weekend.  We repurposed and re-homed some nice things, and met a lot of great people from all over Cherokee County and elsewhere.

We also met a lot of nice and well-informed Cherokee County voters.  One, who had lost a civil case in my courtroom, returned to ask that I place a campaign sign in his yard.  I hope he thinks that I listened and cared (because I did), even if the evidence presented wasn’t sufficient to support his case.

Voting Confusion – Presidential Preference Primary vs. May Primary

Several people recently have told me they “already voted in the primary.”  It was difficult to explain that they did not, and there is a crucial primary to vote on May 21.

The Presidential Preference Primary on March 12, 2024 was limited to one question – which delegates will be allowed to decide who will be included on the Primary ballot in May, 2024. 

The May Republican Primary will have forty-three (43) positions on the ballot.  Six of them are contested, including my race for Chief Magistrate Court Judge (called “Magistrate Judge” on the ballot).  Also on the May Primary ballot will be eight questions, covering such issues as immigration, gaming, election procedures, taxation, etc.  And we’ll have two special election questions on the ballot – one for the Cherokee County School District Senior Homestead School Tax Exemption, and one for the City of Woodstock Senior Homestead Exemption.

If you voted in March, it was important, but only covered one race out of many.  There’s another important vote coming, and some of the contested races will be decided in the primary in May.  If you don’t vote in the May primary, you will lose and someone else who does vote will get to decide for you!

Your actual ballot will be shorter because it won’t cover positions outside of your voting districts.  Find your personal sample ballot at “My Voter Page” on the Georgia Secretary of State’s web site:  https://mvp.sos.ga.gov/s/. 

Advance Voting dates, times, and locations can be found here:  https://cherokeegavotes.com/advance-voting-2/,  and Election Day (May 21) locations and times can be found here:  https://cherokeegavotes.com/election-day-2/.

First, make sure to vote in the Primary!  Second, remember to vote Greg Douds for Chief Magistrate!  (It’s listed on the ballot as “Magistrate Judge.”)

Sign, Sign, Everywhere a Sign

Unlike the famous song by The Five Man Electrical Band, my signs aren’t restrictive.  They just invite you to vote – for me!  Greg Douds for Chief Magistrate!

I’ve been placing some larger street signs here and there.  It’s hard labor, especially on hot days like we’ve had recently, but it’s satisfying to trade the desk work for physical activity.  And I take a certain amount of pride in doing it well myself.

If you’d like to have a yard sign, or a larger street sign in a prominent location, send me a note from my contact page and I’ll get to it.  If you have any trouble with one of my signs, let me know and I’ll personally come out and repair it.

By the way, it’s illegal to place signs on private property without owner permission.  I’ve removed two this week that someone had placed in bad spots.  I’m sure they meant well, but I want to do it right.

And here’s a big shout out to Michael Vereen, Esq., who generously allowed me to place a sign on his property at the intersection of Hwy 20 and Jay Green Road in Canton.  I felt bad in a way, because his property is so beautiful that I hated for the sign to mess it up!  Thank you, Mr. Vereen.

Ten Years of Service!

I arrived home from weekend drill today to find this beautiful letter from my Commanding General and the Command Sergeant Major.

I’ve had so much fun serving in the Georgia State Defense Force that I can’t believe ten years have flown by!

Parati Servire!

Duty Calls!

Time to take a weekend break from the campaign trail to serve the people of the State of Georgia at the Clay National Guard Center in Marietta.  In the photo, I’m getting ready to meet my first client of the weekend.

We met with some nice and deserving military clients, including one couple who had very interesting, complex estate planning issues involving blended families;  a polite disinheritance to preserve assets for an elderly person in a nursing home;  real estate in multiple states;  and a life estate in real property.  That was fun.

Parati Servire!

Consistently Recognized for Efficiency

The Magistrate Court of Cherokee County has received a Judicial Excellence Award for Clearance Rate Excellence every year since it’s been awarded, except for 2020 when the courtrooms were closed due to the COVID-19 pandemic.

The award is presented annually, by the Administrative Office of the Courts’ Standing Committee on Judicial Workload Assessment, to the top 10% of counties in terms of clearance rate (16 counties out of 159).  A clearance rate of 100% or greater demonstrates that the court is keeping up with its caseload.  Less than 100% indicates a potential backlog of cases.

Tomorrow, April 11, 2024, the Judicial Council will consider a revision to the methodology for calculating clearance rates.  To be recognized under the new criteria, a court must achieve at least a 100% clearance rate for three consecutive years.

Each year, on average, the Magistrate Court receives more than 17,000 new civil cases, arrest and search warrants, and motions for preliminary commitment hearings.

Criminal Cases in Magistrate Court

Arrest and Search Warrants

The Magistrate Court judges signed more than 11,000 arrest warrants, search warrants, and search warrant returns in 2023. Three full-time judges are available during business hours; seven part-time judges work in rotation, each covering one night per week. A part-time judge is on duty in the office from 4:30 p.m. until 10:00 p.m. each day, available to law enforcement officers who need arrest or search warrants, or to answer any questions they might have. The part-time magistrate then goes home to remain on call for emergency warrants until the next judge takes over the following day.

First Appearance Bail Hearings

Every person who is arrested and can’t immediately get released on bail per the Sheriff’s bail schedule is brought before a part-time magistrate within 72 hours of arrest. These hearing occur every evening at 4:30 p.m., seven days a week. The magistrate reviews the arrest warrant to make sure it’s in proper legal form, and sets bail. In family violence cases and when otherwise necessary, the judge will add special condition of bond, such as a requirement to stay away from the alleged victim.

Preliminary Commitment Hearings

These are early-stage criminal hearings for inmates who can’t make bail. The court revisits the question of probable cause (whether the facts are sufficient that a reasonable person would believe this crime was committed and this person did it). These are evidentiary hearings where the inmate, through his or her attorney, can cross examine the State’s witnesses under oath, make formal objections to the presentation of evidence, and testify or present evidence in the inmate’s defense.

In most cases, the Court finds there is probable cause, and the case is “bound over” to the State Court or Superior Court for trial. Occasionally, the evidence is not sufficient and the case gets dismissed.

Civilian Arrest Warrant Applications

If law enforcement investigates a case and declines to arrest the accused person, an interested civilian can petition the Magistrate Court for a hearing to decide whether the accused person should be arrested. The civilian, or his or her attorney, must present sufficient evidence at the hearing to convince the Court that there is probable cause to have the accused person arrested. The accused person, with or without a lawyer, can cross examine witnesses and present defensive evidence.

Bad Check Citations

These cases provide a streamlined option for merchants to recover money lost due to bad checks. If the merchant files a petition supported by the legally-required information, a citation will be issued. The customer can pay the amounts owed without penalty, and the case will be closed. Otherwise, the Court will set a hearing to determine whether the customer should be arrested for deposit account fraud.

County and Municipal Ordinance Cases

Some might argue that these are the most important cases, because they hit so close to home. Barking dogs, litter from trucks, zoning violations, loose animals, and animal attacks are examples. These are the problems that affect a citizen’s property and comfort, and neighborly relations.

Ordinance cases are usually resolved with fines which increase for repeat offenses. Serious cases can be punished by incarceration in the County jail for up to 60 days.

Unlawful Squatters

When H.B. 1017 becomes effective on July 1, 2024, it will create a new crime called “unlawful squatting.” The responsibility for hearing squatter cases (called “ejectment” cases), will shift from the Superior Courts to the Magistrate Courts. In addition to the misdemeanor crime of unlawful squatting, if the evidence supports it a squatter can also be charged with forgery for presenting a fake lease contract.

The new law should simplify and expedite the removal of squatters from a landowner’s property, and provide a serious incentive to stop repeat behavior.

Specific Misdemeanor Trials

The Magistrate Court has specific jurisdiction to hear non-jury trials for 11 specific misdemeanor crimes, such as misdemeanor marijuana possession, shoplifting, or littering.

A Busy Saturday!

What an active Saturday!

Early to rise, and off to Marietta for a CPR skills test as the last step in renewing my First Aid/CPR/AED certification.  (Required for Georgia State Defense Force soldiers, and mine was about to expire.)

Then campaign bookkeeping.  Can’t ignore that or the law will get you!

Delivered campaign yard signs here and there, then went to Ball Ground for the “BBQ & Brews” festival.  That place was packed!  We had Patriot Burgers at Dominic’s Wood-Fired Grill (it doesn’t hurt that Dominic’s has  a prayer porch – I need all I can get);  the grilled potatos were A-1.  Met some nice people;  worked with a couple of veteran-owned businesses;  and bought some nice hand-made craft gifts for friends.

Then back home to mow the weeds in the small field behind the house, followed by having fun with scrap wood and rough carpentry (more on that later).

Tomorrow will bring new adventures.

Eviction Cases in Magistrate Court

Eviction cases (called “dispossessory” cases) are fast-moving cases used for removing lawful tenants who fall behind on rent or violate provisions of the landlord-tenant relationship. Landlords also use the dispossessory process to regain possession of their real estate in month-to-month tenancies when the landlord’s needs change.

These cases begin by giving notice to a tenant to leave the property, then filing a petition with the magistrate court. The petition is called “process,” and is served by the Sheriff. Unlike regular civil cases, process can be served by “tack and mail,” where it gets attached to the front door of the property and a copy mailed to the tenant on the same day.

When served by tack and mail, the court doesn’t get personal jurisdiction over the tenant and cannot issue a money judgment for unpaid rent unless the tenant files a written answer with the court. If no answer is filed, the court can issue a court order called a “writ of possession” after 7 days, which allows the Sheriff to assist the landlord with removing the tenant from the property.

If the tenant files an answer, the case gets scheduled quickly for trial. At trial, the landlord must prove the case by a preponderance of the evidence, according to the law governing what is good evidence and how to get the Court to legally recognize it; and the tenant can rebut with his own evidence. The judge will decide based on the law as applied to the evidence presented. Cases are always referred to a court-appointed mediator on the same day as the trial, to let the parties negotiate amicable solutions with options not available if the cases go to trial. Most cases do settle that way.

Some landlords have said that, in other Georgia magistrate courts, eviction cases can take as much as seven months to go to trial. The Cherokee County Magistrate Court treats such cases with the urgency demanded by law, and usually hears trials within 4 weeks of the original filing.