May 2017
President's Corner

Thank you for the incredible opportunity to serve you as president of the Gwinnett County Bar Association over the past year.  It has been an honor to assist with the implementation of organizational and administrative reforms within the Bar which will hopefully provide a framework for success many years into the future.  

Looking back on our successful monthly lunch meetings, we reintroduced the "Judge of the Month" program to give members an opportunity to hear from the chief judges of each of Gwinnett County's courts and to meet the incredible staff members who work behind the scene each day.  We also hosted a variety of impressive speakers, including attorney Jere Smith, GCPD Lt. Chris Rafanelli, Judge Warren Davis, U.S. District Court Judge Thomas W. Thrash, Jr., Georgia Bar President Patrick O'Connor, Professor Ron Carlson, Cobb ADA Mike Carlson, Professor Melissa Carter, State Rep. Brenda Lopez (D-Norcross), Supreme Court Justice Britt Grant, and Attorney General Chris Carr (scheduled for May).  

As President-Elect S. Carlton Rouse assumes leadership of the Gwinnett Bar in the coming months, I believe that the GCBA has a bright future with opportunities for further growth.  In service to bar members and the residents of Gwinnett County, our Bar Association has so much to offer, and I thank you for your interest in our continued success.  

May Bar Luncheon 

This month, we welcome Georgia Attorney General Chris Carr (pictured left).  In 2016, General Carr was appointed as the 54th Attorney General of Georgia by Governor Nathan Deal.  As Attorney General, Carr's office is responsible for enforcing Georgia law and investigating corruption.  Carr has served as a member of the Judicial Nominating Commission since 2011 and previously held the position of Commissioner of the Georgia Department of Economic Development. General Carr is a graduate of the University of Georgia School of Law.

We also look forward to hearing from Gwinnett's Chief Community Supervision Officer Tripp Powers of the Georgia Department of Community Supervision (pictured right).  

Our May "Judge of the Month" is the Honorable Kathryn M. Schrader of the Superior Court of Gwinnett County.  Judge Schrader serves as one of the two judges responsible for overseeing Drug Court in Gwinnett County, providing accountability and treatment to defendants charged with drug-related offenses. 

Photos from April Bar Luncheon

IN RE: ESTATE OF Emmett Taylor BOYD .
March 15, 2017
by Margaret Gettle Washburn, Sr. Contributing Editor

The Court of Appeals, Carla McMillian, Judge, for the Court, found that after the husband, Emmett Boyd died, the Widow, Betty Boyd, petitioned probate court for a year's support.  Emmett's son, Charlie, of a prior marriage, filed a caveat and objection, claiming that a post-nuptial agreement barred the Widow Betty from receiving the items she sought through her petition.  The Court found that Husband Emmett's medical records, without expert testimony, and the affidavit of Betty's daughter, a nurse, about an interaction with Boyd, in which he purportedly denied wanting a divorce, were insufficient to establish the Husband's incompetency at the time he retained a divorce attorney or executed his verification of a divorce complaint.  Further, there was a genuine issue of material fact as to whether Widow Betty made a knowing waiver of her right to a year's support in a post-nuptial agreement.

This  case is full of family fun. 
After the Superior Court of Camden County, granted summary judgment to Charlie, and denied summary judgment to Betty, and dismissed her petition, the Widow Betty appealed.  In her appeal, Betty conceded that the post-nuptial agreement between she and Boyd was enforceable.  However, the Widow raised three related enumerations of error, contending that enforcement of the agreement should not bar her from recovering what she seeks in her petition. Betty contended that the trial court failed to properly construe the terms of the agreement and Betty's purported waiver of a year's support.  

News & Events
Law Day Banquet Success!

The Law Day Banquet was held on Friday, April 28, 2017 at the Buford Community Center.  Our law day chair, Danielle Mays, did a fabulous job in planning not only the law day banquet, but also all of the law day events.  Chuck Efstration, our GCBA President, introduced the key note speaker, Justice Britt C. Grant of the Supreme Court of Georgia.  She gave a fascinating speech on her family's history with Gwinnett County, her experiences on September 11, 2011, and the Fourteenth Amendment. 
We presented the following awards:  The Award of Merit was presented to Rachel Lazarus, the Director of the Gwinnett Pro Bono Project.  Pricilla Daniels, the Director of the Gwinnett Treatment Courts was given the Liberty Bell Award.  The Law Enforcement Officer of the Year Award was given to Corporal Jon P. Doherty of the Gwinnett County Police Department.  The Pro Bono Volunteer of the Year award was given to Anderson, Tate, & Carr, PC.  The Past President Award was given to Chuck Efstration.  The Mary Gegen Administrative Professionalism Award was given to Brittany Richards.  The 2017 Law Day Scholarship Recipient was given to Autumn Williams.
The GCBA would like to thank our Law Day Sponsors: Chandler, Britt & Jay, LLC, O'Kelley and Sorohan Attorneys at Law, LLC, Andersen Tate Carr, PC, and The Zdrilich Law Group, LLC.


Law Day Dinner 

Judges' Reception 

Thank You to Gwinnett Pro Bono Volunteers!

Pro Bono Representation
Ethel D. Andersen
Melanie D. Fenwick Thompson
Vanessa I. Kosky
Jung Wook Lee
Sierra M. Luckey
Kevin G. Moore
Consumer Law Clinic 
Craig Sherrer
Crystal Wright

Probate Clinic
Raymon Burns
Philip Erickson

Donald S. Horace
Patricia  McKenzie
John Miles
John Welsh

Law Day Contest Winners
Autumn Williams was the winner of the Law Day scholarship for her essay titled "Love is Legally Colorblind".  Autumn Janay Williams is a senior at Archer High School in Lawrenceville, where she is a member of the National Honor Society, National Beta Club, National Society of High School Scholars, Mu Alpha Theta Math Honor Society, Science National Honor Society, Latin Honor Society, Latin Club, Advanced Placement Club, and Health Occupations Students of America ("HOSA"). Her leadership experience includes serving as the Treasurer of HOSA from February 2016 to Present, a member of the Archer High School Orchestra Board of Directors, and Junior Teen President, Junior Teen Corresponding Secretary and Senior Teen Treasurer of the Stone Mountain Chapter of Jack and Jill of America, Incorporated.  Her Jack & Jill honors and awards include Best in Class for Outstanding Scholastic Achievement at the Southeastern Regional Teen Conference in Nashville, Tennessee in 2014 and Winner and Chapter Representative in the Statewide Ann Owen Gordon Teen Oratorical Competition in 2013. Click here for her full bio

The other winners of law day include the following recipients:
Jade Williams, Law Day essay winner from Duluth High School for " The Impact of the Equal Protection Clause in American Legislation
Maya Joshi, middle school essay contest winner from Buford Middle School for " Warrant Please"
Elliott Jamuzelli, 8th grade contest winner from Pinckneyville Middle School for " Photograph Explanation"
Judicial Council Recognizes Outgoing Members 
The Judicial Council, chaired by Chief Justice P. Harris Hines, met at the Hyatt Regency Savannah on April 28, 2017 to discuss a variety of action items and reports.

The Council heard reports from the Policy and Legislative Committee, the Budget Committee, the Technology Committee, the Court Reporting Matters Committee, and the Strategic Plan Standing Committee, as well as a legislative recap and a special Judicial Council Retrospective by former Judicial Council member Sonny Seiler.

Chief Justice P. Harris Hines recognized several members who were attending their final Judicial Council meeting. Those recognized included: Chief Judge Sara Doyle, Court of Appeals; Judge Horace Johnson, Superior Courts, Alcovy Judicial Circuit; Chief Judge Melodie Snell Conner, Superior Court, Gwinnett Judicial Circuit; Judge Richard Slaby, State Court of Richmond County; Judge Benjamin Brinson, Juvenile Court, Atlantic Judicial Circuit; Judge Kristina Hammer Blum, Chief Magistrate, Gwinnett County; Judge Gary E. Jackson, Municipal Court of Atlanta, and Mr. Patrick O'Connor, President, State Bar of Georgia.

The 27-member Judicial Council of Georgia meets several times a year to act on policy and administrative matters of the judiciary. Judges of the appellate and trial courts at all levels are represented on the Council, as is a representative of the State Bar of Georgia. The next meeting will be held on August 9 at the Georgian Club in Atlanta.  Click here for press release
New App for Your Phone May Also Help Analyze DUI Cases
The Virtual Bar App uses the latest science to help you not only get a better understanding of how different factors affect your blood-alcohol concentration - or BAC - on an individual level, but also can help you see how your night could go depending on the food you eat, the water you drink throughout the night, and other important variables. It also helps give you a sense of how long it would take for your BAC to return to 0.00, which we think will surprise you.  Click here for more info!
May Mystery Bar Member
Many of our members have unique prior professions, education backgrounds and fascinating life experiences. See if you can guess this month's profiled member:
  • Met with President Dwight D. Eisenhower in Augusta, GA in 1953
  • Earned the rank of Cherokee Chief at Rock Eagle State 4-H Center
  • Once won a blue ribbon at the Gwinnett County Fair for bell peppers
  • Has practiced law in 5 different countries, including Cuba 

Milich Minute

In  an auto accident case, plaintiff's expert would testify that defendant's car initiated the impact.  The expert bases this opinion, in large part, on what the body shop repairman told him regarding the damage to the car.  The repairman is NOT at trial and what he told the expert is hearsay without exception.

May the expert testify to what the installer told him?

Which is the best answer?
  1. Yes, the expert may testify to hearsay upon which he "reasonably relied," though it is admissible only to explain the opinion, not as proof of the matters asserted.
  2. Yes, if the expert "reasonably relied" on the hearsay in forming his opinion, the hearsay is admissible for all purposes.
  3.  No, if it is not hearsay without exception, offered for its truth, the expert may not repeat it to the jury.
  4. Yes, but the jurors should cover their ears so they don't hear the hearsay.

Click here for the answer!
12 Milich

Click to purchase his book here!
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Furnished office for sale, formerly West Court Reporting, 281 Scenic Highway, Lawrenceville, GA.  Very near Gwinnett County Courthouse.  All brick building, ample parking plus addition parking in rear of building.  Perfect for small law office, 3 offices, plus large reception area, conference room, break room and 2 baths.  HVAC only 4 yrs old, roof 5 yrs old. Zoned O/N.  Bldg. sq. ft. 1,678.    Call   770-633-1199 .  Leave message.  Your call will be returned promptly! 

Estate Planning and Probate Update

The Estate Planning and Probate Section (EPPS) brings you 2 excellent volunteer opportunities in 2017 - sign up now!
2017 Walk to End Alzheimer's - Gwinnett County
What: Walk or Volunteer
Where: Duluth Town Green
When: Saturday, November 4, 2017, registration begins at 8am
Why: All funds raised through Walk to End Alzheimer's further the care, support and research efforts of the Alzheimer's Association (501(c)3)
How: Click  here to donate or join our team (Attorneys v. Alzheimer's)! 
Contact Lindsey Cambardella with questions.

Probate Court Pro Bono Clinic (Monthly)
Who should volunteer: Attorneys with probate and/or guardianship experience (need not be an expert, but some experience is required to assist attendees)
What: Provide guidance to pro se petitioners with their filings in probate court
Where: Gwinnett Justice and Administration Center
When: Third Thursday of each month from 1:30pm  - 4:30pm 
Why: To help our citizens and the Probate Court in processing petitions more efficiently and effectively
How: Please contact  Elizabeth Strupe with questions or to sign up for the Probate Court Pro Bono Clinic.

Save the Date : Please save the date for the following EPPS lunch meetings at 12:00pm (speaker and location details to follow):

July 11, 2017

September 12, 2017

November 14, 2017

Note that you do not have to be a member of the section to attend the meetings (please feel free to forward the message or bring a friend!).  If you are interested in joining the section, or simply being added to the section email list, please contact Melody Glouton or Lindsey Cambardella
Family Law Section Update: 
Laura Friedman Named New Section President!

At the April meeting of the Family Law Section, Laura Friedman of Friedman Family Law was elected the Section President.  Laura has a lot of interesting ideas for the section for next year and is looking forward to making the upcoming year great. 
Laura was born and raised here in Gwinnett. She graduated from Parkview High School, and graduated early from UGA with a BA in Medieval History and a minor in English literature. She also graduated early from Florida Coastal School of Law, a school that has a family law clinic that allowed her  to start practicing family law in her second year and certify in Family Law with an emphasis on domestic violence.
Laura is a member of both the Florida and Georgia Bars. She is a trained Guardian ad Litem and a very proud partner of the Mother/Daughter law firm Friedman Family Law where she has been working not only prior to starting law school, but also every day since graduating. She has also worked for Gwinnett County with deprivation/dependency actions. Her firm represents clients in most aspects of family law with a concerted effort in trying to help families make sure their children (if applicable) are put first.
In This Issue
May Bar Details

Friday, May 26th 
from 12 - 1 pm 
at the 1818 Club
6500 Sugarloaf Parkway
Duluth, GA 30097

Gwinnett County Bar Association | | |
P.O.Box 576
Lawrenceville, GA 30046