August 2017
President's Corner: 2017-18 Theme, "Me 2 We" 

On behalf of the officers and volunteers of the Gwinnett County Bar Association, I am happy to announce the beginning of our work within the Bar for the 2017-18 year.  Our focus this year is to: continue our efforts to increase the outlook of the legal profession in Gwinnett through community outreach/volunteerism; improve camaraderie between lawyers by encouraging our members to build and nurture relationships with other attorneys within the Bar; and increase the enjoyment from the practice of law by offering entertaining and educational speakers at monthly meetings as well as by highlighting tips and resources that will help our lawyers balance the demands of practice and personal commitments.  While we have a number of events in the works for the year, we ask that you mark your calendar with respect to the following activities:
  • August 18          Monthly Bar Meeting - 12-1pm, 1818 Club, Duluth
  • August 22          Georgia Association of Black Women Attorneys                                           (GABWA) Judicial Reception from 6-8pm at King &                                       Spalding LLP, 1180 Peachtree St NE, Atlanta, GA 30309
  • September 15  Monthly Bar Meeting - 12-1pm, 1818 Club, Duluth
  • September 15  Happy Hour - 5:30pm at McCray's
  • September 30  Atlanta United Watch Party (details TBA)
  • October 28       Law Enforcement Appreciation Day (LEAD) Picnic at                                    Rhodes Jordan Park
I look forward to serving as a resource to you and I will do my best to address any interests/concerns that you may have moving forward.  As always, thank you for your commitment to this organization, your input and your support.

Should you wish to contact me directly, you can email me at: s.carlton@rousecolaw.com
Meet the 2017-18 GCBA Board!

S. Carlton Rouse, President
Carlton Rouse served the Gwinnett County Bar Association for nearly four years, first as the Law Day Chair in 2013, then as the Community Liaison, secretary of the bar, Vice President and this year as President-Elect. Carlton has a boutique practice that offers representation to clients in the metro Atlanta area and in Gwinnett with respect to criminal defense, serious Injury, consumer bankruptcy, and domestic cases. Prior to opening his firm, Carlton earned his law degree while studying in Boston at Northeastern University and graduated with a J.D. and M.B.A. in 2002. He earned his bachelor's degree from Clark Atlanta University in 1998.  Carlton is currently an active participant with the Gwinnett Community Based Mentor Program, Lawyers Association, Atlanta Legal Aid, and his volunteers within his church. Carlton enjoys spending time with family and playing golf.

Jon Setzer, President-Elect
Jon Setzer is a Senior Assistant District Attorney with the Gwinnett Judicial Circuit District Attorney's Office, where he has been for the last nine years. Prior to joining the Gwinnett District Attorney's Office, he worked for the Oconee Judicial Circuit District Attorney's Office in Eastman, Georgia for two years. Jon earned his law degree from Emory University in 2006 and his Bachelor's Degree in Economics and Sociology from Vanderbilt University in 2003.  Jon is the President-Elect of the Gwinnett County Bar Association, having previously served as the Law Day Chairperson, Treasurer, and Vice-President. He was previously the Chairperson of the Georgia High School Mock Trial Committee and continues to serve on the State Finals Planning Board, Law Academy Faculty, and Problem Subcommittee for that program. Jon is a 2013 graduate of the Young Lawyers Division's Leadership Academy and a 2017 graduate of Leadership Gwinnett's Glance Gwinnett Program.  Jon lives in Suwanee with his wife, Heather, and their sons, Caleb and Evan. He plays soccer for Brick Store Football Club and holds a United States Soccer Federation National Coaching License. He is a founding member and season ticket holder for Atlanta United. In what little spare time remains, Jon enjoys reading, running, and cooking.

Donald Lee, Vice President 
Donald was born in Silver Spring, MD, went to Cornell University for undergrad in biology, and then attended Thomas Jefferson School of Law in San Diego for law school. Donald was a public defender in Fulton County Superior Court for three years and then in Fulton County Juvenile Court for another three. For the past three years, he has been a GAL here in Gwinnett Courts handling DFCS, child custody and guardianship cases. He and his spouse, Allison, have been married just short of 6 years. They have two boys (3 and 10 months old) and Max, their 5 year old standard schnauzer. Donald is a Leadership Gwinnett graduate, board member for KABA (Korean American Bar Association) and Gwinnett Clean and Beautiful. He loves Gwinnett and wants nothing but to see our community thrive.

Danielle Britt Mays, Secretary 
Danielle Britt Mays practices family law and criminal defense at Chandler, Britt & Jay, LLC, a boutique law firm located in Buford, Georgia. Danielle was born and raised in Gwinnett County, where she received her high school diploma in 2005 from Buford High School. Danielle graduated with her B.A. in History from the University of Georgia in 2009 and received her juris doctorate and Advanced Legal Writing certification from Mercer University's Walter F. George School of Law in 2012. After graduation, Danielle practiced criminal defense and family law in Northwest Georgia, where she also served as the defense attorney for the Tallapoosa Circuit Drug Treatment Court Program and the President of the Tallapoosa Bar Association. In 2014, Danielle returned with her husband to Gwinnett County and joined CBJ. Danielle practices law in Buford with her father, Walt M. Britt, and her husband, John A. Mays, Jr., along with Partners Gregory D. Jay and Richard B. Chandler. Danielle also serves as defense attorney for Gwinnett County's Drug Treatment Court Program. In her spare time, Danielle enjoys yoga, cycling, hiking, reading, traveling, being a foodie, and spending time with her three dogs. 

Dodie Sachs, Treasurer
Dodie Sachs is an attorney in the O'Kelley & Sorohan Litigation Department and is the lead attorney in the Family Law Division of the firm.  Dodie currently teaches the Family Law Information class at the Gwinnett Justice and Administration Center, which is pending approval for CLE credit. Dodie is a frequent speaker at CLEs in the areas of trial practice and family law. Dodie was appointed by the Supreme Court of Georgia as a mentor for the Transition into Law Practice Program. In 2015, Dodie was selected to participate in the Georgia Association of Women Lawyers (GAWL) Leadership Academy Class. In 2014, Dodie was awarded the Volunteer of the Year Award from the Atlanta Legal Aid Society for her work with the Gwinnett Pro Bono Project and Gwinnett Legal Aid.  In addition to the GCBA, Dodie is also active with the Gwinnett Chapter of GAWL and the Gwinnett Pro Bono Project.  Dodie earned her law degree from Tulane University School of Law in 2004, and her Bachelor's Degree from the University of North Carolina at Chapel Hill. Dodie and her husband, Jeremy, have five children: Isabel (15), Emma (13), Mili (12), Rafi (10), and Jacob (9).

Amina Bakari, Law Day Chair 
Amina Bakari grew up in Richmond, VA. She received her B.A. in Political Science from Hampton University in Hampton, VA in 2010. She moved to Georgia and received her J.D. from the University of Georgia in Athens in 2013. While studying in Athens, she interned at the Athens-Clarke County District Attorney's office during her 3L year. Upon graduation she completed a fellowship with the Gwinnett County District Attorney's office. Amina was admitted to the Georgia Bar in October 2013 and began working at the Gwinnett County Solicitor's office. As a Lead Assistant Solicitor, Amina enjoys getting to know and working with the members of the Gwinnett County criminal law community. She is looking forward to serving the Gwinnett Bar as Law Day Chair.
August Bar Luncheon 

We are kicking off a new year with GCBA on August 18, 2017, from 12:00 p.m. to 1:00 p.m. at the 1818 Club, 6500 Sugarloaf Parkway, Duluth, Georgia 30097. Summer is over and school is back in session, so we are pleased to announce that guest speaker James Rayford, the Director of Academic Support for Gwinnett County Schools, will be joining us at the August luncheon.


James Rayford
As an educator of twenty-eight years, James Rayford earned his Bachelor's Degree in Mathematics Education from Rust College in Holly Springs, MS and a Master's Degree in Educational Leadership from Georgia State University. 

Currently, he serves as Director of Academic Support for Gwinnett County Public Schools' Community-Based Mentoring Program where their primary mission is to provide mentors for identified male students. He has seen the program grow from 57 students and 33 mentors in its pilot year to having served 500 students and 227 mentors during the 2016-2017 school year.   Click here for full bio
News & Events
Black Women Attorneys Annual Judicial Reception

It's time for the Gate City Bar Association and the Georgia Association for Black Women Attorney's Annual Judicial Reception!  This year's reception will be held on  Tuesday, August 22, 2017 , from  6:00  -  8:00   p.m.at  King & Spalding LLP, 1180 Peachtree Street, N.E., Atlanta, Georgia.  The Gate City Bar Association and GABWA will co-sponsor this event in partnership with other local bar associations.  We invite your organization to participate through attendance and co-sponsorship.

As a co-sponsor, a spokesperson from your organization is invited to give remarks at the reception; your organization will be listed in all advertisements for the event; and all of your members can attend the reception at no charge (There will be a $10.00 fee for non-members).  The contribution for co-sponsorship is $250.00.  Checks for sponsorships should be made payable to: Gate City Bar Association and mailed to Gate City Bar Association, Post Office Box 16727, Atlanta, Georgia 30321-0727.

We invite you to enjoy an evening with fellow lawyers and members of the judiciary who exemplify the growing diversity of our legal profession. Kindly respond on or before July 6, 2017.  Should you have questions, please contact me at  jatrean@gmail.com .  Thank you and we look forward to partnering with you. Click here for more information
Gwinnett Pro Bono Project CLEs


New Staff Attorney!
by Kristina Hammer Blum, Chief Magistrate

The Gwinnett County Magistrate Court is proud to announce the hiring of Y. Soo Jo as our first ever Staff Attorney!  Ms. Jo has over 20 years of experience as a civil litigation and employment attorney.  She was a Senior Assistant City Attorney for the City of Atlanta Law Department, a Staff Attorney for the Superior Court of Fulton County (for 8 years for the Hon. Alford J. Dempsey, Jr.), and as an EEO Compliance Manager for Home Depot.  Ms. Jo graduated from Georgetown University in 1991 and Georgia State College of Law in 1996.  Given her extensive experience in supporting the Courts and, specifically, in the area of civil litigation, as well as her ability to manage multiple responsibilities, we know that she will be an incredible asset to our Court and to the Gwinnett legal community as a whole. 
 
Ms. Jo lives in Gwinnett County with her husband (an Atlanta Homicide Sergeant) and her two beautiful children.  Her father is a retired Gwinnett County Sheriff's Deputy, Deputy Myong Jo, and her brother is a current Gwinnett County Sheriff's Deputy in the Fugitive Unit, Deputy Sang Jo.  So, Gwinnett County is in her blood!
 
Ms. Jo's role in the Court is a big one; she will not only be providing legal research and support to 25 Magistrate Judges, but she will also be assisting with special projects, community outreach, and in our continuous efforts to improve Magistrate Court processes.  Right now, we are trying very hard not to scare her away!  So, if you are in the neighborhood, please stop by to meet her and say hello!
Thank You to Gwinnett Pro Bono Volunteers for May, June and July!

Pro Bono Representation
Sequoia C. Ayala
Douglas R. Daum
Barbara R Evans
William E. Fields
Jason H. Kang
Vanessa I. Kosky
R. Matthew Reeves
S. Carlton Rouse
Dorothy R. Sachs
Mark L. Wells

Consumer Law Clinic 
John Miles
Craig Sherrer
Christina Wagner

Probate Clinic
Brook Davidson
Philip Erickson
Donald Horace
John Miles
Raina Nadler
Elaine Nietmann
Phyllis Russell
Charles Tingle
Christina Wagner
John Welsh
Eric Wilborn


ADA Update: Takeaways from Pro Se Reasonable Accommodation Complaint
Rayford v. Walmart Stores
 

Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to the known disabilities of otherwise qualified employees unless this causes an undue hardship.  42 U.S.C. § 12112(5).  In many cases, disability-related requests for assistance may be best handled informally by immediate managers working closely with their employees.  Managers who are not trained in the requirements of the ADA, however, may not understand that employees with disabilities may be entitled to something more and different than what is required by employers' normal policies and practices. 
 
See Holly v. Clairson Industries LLC , 492 F.3d 1247, 1262-1263 (11th Cir. 2007) quoting US Airways, Inc. v. Barnett, 535 U.S. 391, 397-98 (2002) ("[P]references will sometimes prove necessary to achieve the Act's basic equal opportunity goal. The Act requires preferences in the form of "reasonable accommodations" that are needed for those with disabilities to obtain the same workplace opportunities that those without disabilities automatically enjoy. By definition any special "accommodation" requires the employer to treat an employee with a disability differently, i.e., preferentially. And the fact that the difference in treatment violates an employer's disability-neutral rule cannot by itself place the accommodation beyond the Act's potential reach.")

In an effort to shield themselves from liability caused by the failure to adequately train line level managers, employer's policies sometimes require employees to consult directly with human resources when requesting accommodations.  A recent decision by a district court in Alabama suggests that such policies may themselves violate the ADA. Click here to continue reading
Do Justice. Do 50. Do Pro Bono.
 
Click here to read the letter and call to action  from Judge Jill Pryor, chair of the Access to Justice Committee of the State Bar of Georgia, regarding their new campaign "Due Justice. Do 50. Do Pro Bono." Please take a few minutes to read the letter and help spread the word about this campaign. 
In the Interest of C. W., a child., A17A0084
Georgia Court of Appeals, Criminal Case (6/28/2017, 7/31/2017)
By Margaret Gettle Washburn, Sr. Contributing Editor
 
In this recent case, the Court of Appeals affirmed the Chatham County Juvenile Court in granting C.W.'s motion to suppress evidence of his blood-alcohol level obtained through a warrantless blood test in his trial for driving under the influence of alcohol, underage possession of alcohol, reckless driving and speeding.  The Court of Appeals found that the State did not show C. W. voluntarily consented to the blood test.

Presiding Judge McFadden authored the opinion for the Court. 

The State filed a delinquency petition against C. W. for driving under the influence of alcohol, OCGA § 40-6-391 (a) (1), (k) (1), underage possession of alcohol, OCGA § 3-3-23, reckless driving, OCGA § 40-6-390, and speeding, OCGA § 40-6-181.


The evidence presented at the motion to suppress hearing showed that a Georgia State Patrol trooper saw 16-year-old C. W. driving his car at a speed of 79 mph on a road with a posted speed limit of 55 mph.  The trooper stopped C. W.'s car and asked him to get out, stating that C. W. smelled of an alcoholic beverage, his speech was slurred, his eyes were bloodshot, glossy and watery.  C. W. eventually told the trooper that he had drunk three beers earlier in the day. The trooper administered field sobriety tests and a portable breath test, which indicated the presence of alcohol on C. W.'s breath, and the trooper arrested C. W. and handcuffed him.

The trooper read C. W. the implied consent notice for persons under the age of 21. C. W. agreed to submit to the state-administered chemical test. The trooper then drove C. W. to a police precinct to undergo a blood test, but more than an hour passed between the reading of the implied consent warning and the blood test. The officer testified that he was "very stern" with C. W. Click here for full article
Office Spaces for Rent in Duluth

Features include: 
Right at I-85 and Pleasant Hill Rd.
Inside large suite
You can rent 1 or more spaces.
2 at 144 sq. feet; 1 at 160 sq. feet
Includes:
  • Utilities, Cleaning, Lots of parking
  • Use of conference room
  • Use of kitchen/breakroom.
  
Please call us at  (678) 325-3872 for more information and pricing!

Criminal Defense Section Update

The Gwinnett County Criminal Defense Bar held our May 2017 monthly meeting at the Gwinnett County Detention Center.  The speaker was Marissa McCall Dodson, the public policy director the Southern Center for Human Rights.  Attorney Dodson spoke to our membership about the recently concluded 2017 legislative session and its impact on criminal law. 
 
We held our June 2017 monthly meeting at the Gwinnett County Detention Center as well.  Our speaker was Attorney Wesley Person (pictured left), lead attorney for the Person Law Firm in Lawrenceville, GA.  Attorney Person presented on the topic of Defending Juveniles Charged with Serious Felonies.       
 
Upcoming Events
The section will have its next meeting on September 15 at the Gwinnett Justice and Administration Center at 11:30 a.m. to 1 p.m.  Out speaker will be Ms. Angelique McClendon, Esq.  Ms. McClendon is general counsel for the Georgia Department of Driver Services and will be speaking to our members about recent changes in the law affecting Georgia drivers.  Lunch will be provided and will be $5 for members and $15 for non members.  One hour of general CLE credit will be available pending approval.    
 
Join the Section  
Interested in joining the section or want to RSVP for a monthly meeting?  Please contact section President Constancia Carter at constancia@cuadrapatel.com.
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):

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
In This Issue
August Bar Details

Friday, August 18th 
from 12 - 1 pm 
at the 1818 Club
6500 Sugarloaf Parkway
#300
Duluth, GA 30097

Gwinnett County Bar Association | | warren.davis@gwinnettcounty.com | http://www.gcba.org
P.O.Box 576
Lawrenceville, GA 30046