Governor Nathan Deal named Court of Appeals Judge Lisa Branch a new member of the state’s Commission on Child Support, his office announced today.

The commission arose from executive order in 2005, and its tasks include analyzing child support data, calculating obligation tables, developing training manuals for judges and lawyers and monitoring appellate courts’ acceptance of appeals of domestic relations cases.

State law requires the commission to have 15 members, including an appellate court judge and three superior court judges. Each member serves a four-year-term except state legislators. Deal tapped Branch for the appellate court last July.

Prior to that appointment, she was a litigation partner at Smith, Gambrell & Russell. Branch also worked as a senior official in President George W. Bush’s administration and was associate general counsel for rules and legislation at the U.S. Department of Homeland Security. She earned her law degree from Emory University.

Deal also reappointed five judges and a lawyer to the commission: Chatham County Superior Court Judge Louisa Abbot; part-time Troup County Juvenile Court Judge R. Michael Key; Charles Clay, a partner at Gregory, Doyle, Calhoun & Rogers; Southwestern Circuit Juvenile Court Judge Lisa Rambo; Coweta Circuit Superior Court Chief Judge Quillian Baldwin Jr.; and Fulton County Superior Court Judge Thomas Campbell.

A lawyer is among Governor Nathan Deal’s six appointees to the DeKalb County School Board.

Karen Wheel Carter, who chairs Georgia Perimeter College’s Business and Social Science Department, earned her law degree from Ohio State University and was admitted to the State Bar of Georgia in 2010.

Carter, who lives in the Lakeside Community, will represent the school board’s eighth district.

She and the other five appointees are scheduled to be sworn in today at 1 p.m. at the DeKalb County School Board headquarters.

Deal announced his picks during a press conference this morning. The other appointees include John Coleman, District 1; Michael Erwin, District 2; David Campbell, District 3; Joyce Morley, District 7; and Thad Mayfield, District 9.

A federal judge earlier this month allowed Deal to move forward with removing six of the school board’s members. The board, and specifically those six members, came under fire after the Southern Association of Colleges and Schools Council on Accreditation and School Improvement put the school district on probation.

After the removals were announced, more than 400 people applied for the six seats. The list was pared down to 63 candidates.

Deal said today that he did not engage in the interviewing process with the candidates and instead relied on the recommendations of his nomination committee.

A federal judge has lifted a temporary restraining order that barred Governor Nathan Deal from suspending  six members of the DeKalb County Board of Education, removing a legal barrier that last week had also blocked the governor from  immediately replacing them.

The school system was placed on probation last December by the Southern Association of Colleges and Schools Council on Accreditation and School Improvement. The removal is seen by Deal as part of an effort to salvage the district’s accreditation.

In an order filed late Monday afternoon, U.S. District Judge Richard Story turned down a request for a preliminary injunction that would have allowed the six school board members to remain in office while they continue to challenge the constitutionality of their removal.

In a written statement, Georgia Attorney General Sam Olens applauded Story’s ruling as a “well-reasoned order affirming our position that the Governor was on solid legal ground in removing six DeKalb school board members. Judge Story correctly recognized that the students in the DeKalb school system must come first.  I appreciate Judge Story’s careful thought, hard work, and swift decision in this time-sensitive matter.”

Robert Wilson, attorney for DeKalb schools, couldn’t be reached.

Story  held  that state law issues raised in the complaint – which was filed two weeks ago  by the DeKalb County School District and board member Eugene Walker — should be decided by Georgia courts, not the federal courts.  To that end, Story said that he would certify the questions of state law  to the Georgia Supreme Court “rather than having to wait on a newly-filed state action to work its way through to appeal.”

The public has a “significant competing interest” to those of the school district and the school board, Story said in his ruling. “Though the public has an interest in its elected officials being allowed to serve in the offices to which they were elected, there is an even greater public interest at stake here,” he said. “The interest of the public in a healthy public school system outweighs the interests of board members in serving in their positions. … The harm from the loss of accreditation to the school district and the resulting harm to the students in the district are profound. To permit the board members to continue to serve while their individual claims are resolved risks substantial consequences for the school district and its students. The Court finds that this risk of harm far outweighs the risks to the board members.”

Walker and the school district had claimed that removal of six members of the nine-member board by Deal was unconstitutional.  Attorneys for the school district and Walker said the board members’ posts were a property right under the Fourteenth Amendment that could not be stripped from them without due process. A 14-hour state school board hearing on the matter, the judge said, “met the basic requirements of pre-termination due process.” The judge added that state law permits a suspended school board member to petition for reinstatement and provides for another hearing and judicial review. “Thus, there is considerable evidence that due process as required by the Fourteenth Amendment has been satisfied,” Story said in his ruling.

Story, citing Georgia and federal case law that bars political subdivisions of a state from challenging state statutes under the aegis of the Fourteenth Amendment, suggested that the school district might lack standing to sue in federal court. While he declined to decide the issue of standing, the judge concluded that the question “nonetheless creates a substantial question about whether the School district will ultimately succeed on its Fourteenth Amendment claim.”

While the school district’s attorneys identified the property right of the board members  “as an interest that cannot be denied without due process of law,” Story held that they “fail to identify any property interest of the school district that is threatened by the state’s action.”

“The school district has no interest in any particular person serving on the school board,” he wrote. “Rather, the interest  of the school district is that a duly constituted board be in place so that it can conduct business. The school board suspension statute assures continuity of operations through appointments by the governor to fill vacancies created by the suspensions. Thus, the loss of any property interest by the school district is not apparent to the Court.”

Story said that the only harm to the plaintiffs “is their temporary inability to perform the duties of the office to which they were elected. Because they are presently suspended with pay, they are suffering no monetary loss,” and any permanent removal of board members “can only occur after they have been afforded the process provided” established by state law.

“In the event plaintiffs ultimately prevail in the case, they will be reinstated to their positions and will receive compensation to which they are entitled,” Story said. “Thus, if they ultimately prevail, they will have only suffered the loss of the opportunity to serve in their elected office for a limited period of time.”

Prior to today’s hearing on the constitutionality of Governor Nathan’s Deal’s suspension of the DeKalb County School Board, U.S. District Judge Richard Story placed the litigants on notice that he expects  documents filed in the case should, as a general rule, not be sealed.

Story entered a standing order that outlines his policy “not to allow the filing of documents under seal, even if all parties consent to filing under seal; this is because documents filed in Court are presumptively public.”

Story’s order makes an exception for documents containing information protected by law from disclosure, personal information such as Social Security numbers, trade secrets or sensitive security data.

The judge’s order also directs anyone who wants to seal a court filing to submit a motion to file under seal, adding that, “The party or parties presenting the motion shall bear the burden of establishing (in the motion) good cause for sealing.”

A motion to seal would have to explain the reasons why sealing a document is necessary, why less drastic alternatives than sealing are not adequate and “address the factors governing sealing of documents reflected in controlling case law,” Story’s order states.

Story’s order also bars litigants from agreeing to “broad protective orders that would allow counsel to designate as confidential documents that will be filed in court without prior judicial review.”

The judge’s order provided for some documents to be designated as confidential “but only after review of the documents by an attorney who has determined in good faith that the documents contain information protected from disclosure by statute; personal information (such as social security numbers); trade secrets [as defined by Georgia law] or sensitive security data.”

The judge also noted in his order that any confidential designation “is subject to challenge,” and “the burden of proving the necessity of a confidential designation remains with the party asserting confidentiality.”

A federal judge’s emergency order intended to “preserve the status quo” issued Friday night pre-empted Governor Nathan Deal’s decision today to replace six members of the DeKalb County Board of Education.

Judge Richard Story issued his order after Deal announced his intention to take action regarding a likely removal of the majority of the school board in order to salvage the DeKalb County school system’s endangered accreditation.

Story denied a request by lawyers representing the DeKalb County School District and school board chairman Eugene Walker to restrain the governor from suspending or removing any elected member of the school board prior to what had been a hearing on the matter scheduled for Tuesday. The other members of the school board are not listed as parties to the suit.

But Story halted the implementation of Deal’s decisions “to preserve the status quo until after this Court has held a hearing on the matter.”

“Thus, if Governor Deal decides to appoint any new member to the Board, that proposed member shall not be permitted to take office at this time,” Story ordered.  Story  also said in his order that if  the governor attempted to remove any school board member, “that member will remain in office, but shall not be permitted to act on behalf of of the board or take any other official action in his or her capacity as [a] board member.”

Story delayed Tuesday’s scheduled hearing until Friday at 2:30 p.m.

Last week, Story refused to grant an earlier emergency petition  from lawyers representing Walker and the school district. They had sought to bar the State Board of Education from convening a hearing  on whether board members should be removed in order to salvage the school district’s accreditation, which the Southern Association of Colleges and Schools has suspended based on what its representatives have said was threatening and abusive behavior by board members, coupled with chronic financial irresponsibility that has left the system deeply in debt.

DeKalb school board lawyers also sought to bar the state board from making any recommendation to suspend any member of the DeKalb board and prevent the governor from suspending board members or stripping them of their elected office.

Read more »

The state’s new Board of Workers’ Compensation chairman is a former special assistant attorney general who represented the state in workers’ compensation claims.

Governor Nathan Deal on Feb. 4 named Stewart, Melvin & Frost partner Frank McKay to fill the vacancy left by former chairman Richard Thompson when he resigned. McKay’s appointment is effective March 1.

McKay, who lives in Gainesville, has practiced law before the Board of Workers’ Compensation for 22 years, according to the Governor’s Office. He earned his law degree from Mercer University and was admitted to the State Bar of Georgia in 1991.

The Judicial Qualifications Commission investigator whose probes have ended dozens of judicial careers since 2008 will no longer roam the state in search of wayward jurists.

Instead, Richard Hyde will be a member of the JQC itself, the agency that assesses how allegations and evidence against Georgia’s judges should be handled. Governor Nathan Deal tapped Hyde to the JQC on Friday.

Chattahoochee Superior Court Judge John Allen, who chairs the commission, said Hyde would have to relinquish his investigative duties in order to serve as a member.  “It’s a policy on our part as commissioners that we don’t investigate,” said Allen. The JQC will launch a search for another investigator, Allen said. In the meantime, JQC Director Jeff Davis, who used to handle disciplinary complaints at the State Bar of Georgia, will serve as acting investigator.

Hyde will replace Atlanta businessman Jack Winter, who has served two four-year terms as one of two citizen members of the seven-member panel, which also includes two judges and three lawyers.

In addition to his JQC duties, Hyde is an investigator for Balch & Bingham. A former policeman, television news producer and investigator for then-Attorney General Michael Bowers, now a B&B partner, Hyde is a good choice for the slot, Allen said.

“It will allow us a great deal of comfortable continuity, if you will,” said Allen. “He knows what the processes and procedures are.”

In an emailed statement, Davis echoed Allen’s praises.

“Given Richard’s breadth of experience as a public corruption investigator with the State Attorney General, his recent investigation of teachers in the Atlanta schools cheating scandal, and his tireless work investigating judicial misconduct, it is clear that the Governor could not have made a better choice than Richard Hyde to represent the interests of the citizens of this State on the Commission,” wrote Davis. “It is an outstanding appointment which will ensure continued public confidence in a fair and impartial judiciary.”

Hyde declined to comment on his appointment.

Georgia House Speaker David Ralston, R-Blue Ridge, has tapped a Macon attorney to be the newest member of the state’s Immigration Enforcement Review Board.

John Flanders Kennedy is a civil litigation partner at James Bates Brannan Groover and is past-president of the Macon Bar Association. He earned his law degree from Mercer University and was admitted to the State Bar of Georgia in August 1990.

According to Kennedy’s profile on his firm’s website, he handles personal injury and other torts as well as business transactions and disputes. Among his listed clients are Norfolk Southern Railway Company and its subsidiaries.

The state’s Immigration Enforcement Review Board is a seven-member panel under the umbrella of the Department of Audits and Accounting that was created by the implementation of the Illegal Immigration and Enforcement Act, also known as House Bill 87, in 2011. The board, whose members are appointed by the governor, lieutenant governor and speaker, are charged with investigating citizen complaints alleging immigration law violations by public agencies or employees. The panel has subpoena power and rulemaking authority.

Clayton Sheriff Victor Hill’s attorney said Monday that he believes that efforts by a Clayton County neighborhood activist to force Governor Nathan Deal to appoint a commission to consider suspending Hill  are misplaced and that state law, in Hill’s case, does not apply.

“To try to apply it to Victor Hill would mean you would take exception to the literal meaning of the statute,” said attorney Steven Frey.

On Friday, Atlanta attorney Page Pate filed the a petition for a writ of mandamus in Fulton County Superior Court on behalf of Clayton resident James Buckman. The petition challenged the governor’s  decision not to appoint a commission and claimed that Deal had refused to execute his statutory obligations. Buckman is one of the founders of the Lake Spivey Civic Association, Pate said.

The special commission, if Deal had named one,  would have considered whether to suspend Hill, who was indicted last February on multiple charges, including racketeering, stemming from his first term as sheriff.  When Hill was indicted, he was a civilian, having been defeated for re-election in 2008.

Hill is awaiting trial while pretrial matters in the case are on appeal. But while under indictment, he won his campaign to regain the sheriff’s post against Kem Kimbrough, who had defeated Hill in 2008.

Deal’s office announced last week that he had decided not to appoint a panel to consider Hill’s suspension after evaluating state law and the facts in the case. State law allows the governor to appoint a three-member panel to investigate indicted public officials.

Frey said that the state law in question concerned only public officials who were indicted while in office. “The intent of the statute… is to protect the public from a public official who is indicted during the course of his public duties,” Frey said. “That does not apply here.”

Because Hill was indicted while he was a private citizen and voted into office by county residents despite the indictment, “The citizens need no protection because they chose to elect him despite his being indicted,” Frey explained.

“The public need not be protected. They made an informed decision.”

The writ petition—which has been assigned to Fulton County Superior Court Judge Kelly Amanda Lee—claims that Deal’s interpretation of the statute “forges a loophole for indicted public officials that strains a plain reading of the statute and is inconsistent with the legislative intent of the Georgia State Legislature.”

And, he added, “If you tinker with this statute so as to make it apply to Victor Hill, all that does is give a zealous district attorney that much more power.”

Frey also called Hill’s indictment politically motivated and without merit. Hill was not indicted, he said, “until two months after he announces he is going to run again.”

A Clayton County resident filed a petition for a writ of mandamus in Fulton County Superior Court today, seeking to compel Gov. Nathan Deal to appoint a review commission that would consider suspending Clayton County Sheriff Victor Hill until the criminal charges against him are resolved.

Atlanta attorney Page Pate filed the writ petition on behalf of Clayton resident James Buckman, challenging Deal’s decision not to appoint a panel and claiming that in doing so, the governor has refused to execute his statutory obligations. Buckman is a community activist and one of the founders of the Lake Spivey Civic Association, Pate said.

Deal announced Thursday that he would not seek to suspend Hill, who was re-elected as Clayton’s sheriff even though he has been charged with multiple felonies, including racketeering.

The governor said he decided not to appoint a panel to consider Hill’s suspension after evaluating state law and the facts in the case. State law allows the governor to appoint a three-member panel to investigate indicted public officials.

A press release from Deal’s office said that he “concluded that the law outlining the procedures for the suspension of public officials under indictment applies only to officials indicted while holding their elected office.”

Hill was not the county sheriff when he was indicted.

The writ petition—which has been assigned to Fulton County Superior Court Judge Kelly Amanda Lee—claims that Deal’s interpretation of the statute “forges a loophole for indicted public officials that strains a plain reading of the statute and is inconsistent with the legislative intent of the Georgia State Legislature.”

It also asserts that “a defect of legal justice would ensue from a failure of Governor Deal to appoint a review commission” and that, absent the writ petition, “There is no other specific legal remedy at hand.”

The writ petition asserts that the purpose of a review commission under state law is to determine whether the indictment “relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected.” If the commission makes such a finding, it “shall recommend that the public official be suspended from office” and that the governor may suspend the indicted official “immediately and without further action pending the final disposition of the case.”

The writ petition also asserts that the governor “shall … appoint a review commission” upon receiving a copy of the indictment.

Pate said today that filing a petition for the writ of mandamus was the only option remaining in seeking Hill’s suspension. “It’s the only thing we can do,” he said. “You can ask the governor to look at it again, please. But the sheriff association has already asked him to do that.

Hill was first elected as Clayton’s sheriff in 2004 but he lost a re-election bid in 2008. Last year a Clayton County grand jury indicted Hill on 37 counts, including racketeering, making a false statement, theft by taking, violating his oath of office and influencing a witness – all related to his term as sheriff.  Although the charges are pending, Hill ran again for sheriff last year, defeating incumbent sheriff Kem Kimbrough, who had beaten Hill in 2008.

Hill’s lawyer, Jonesboro attorney Steven Frey, could not be reached for comment.

Deal spokeswoman Stephanie Mayfield referred questions to state Attorney General Sam Olens.  Olens’ spokeswoman, Lauren Kane said, “We have not reviewed the lawsuit so we have no comment.”