October 2018 Newsletter

Jon Setzer
GCBA President 2018-19
President's Corner
By Jon Setzer

The President's Corner is my opportunity each month to discuss things that I think are important to the members of our Bar Association. I hope that it's informative for each of you in that it gives insight into what the Bar is doing on a month-to-month basis for our members. I also hope that you get to know a little about me in the process.
So far this year, I have discussed how to be involved with the Bar Association and how the Bar Association gets involved in the community. I've written in mostly general terms, but this month I want to use this space to talk about both ideas in more detail.
Every year, as a Bar Association, we try to give back to our community in a meaningful way. In years past, I can recall these efforts taking the form of contributing to the Home of Hope at the Gwinnett Children's Shelter, helping with upkeep at the Quinn House, or volunteering at the annual Sip & Swine Festival. This year, we have elected to take a slightly more structured approach.
The officers talked at length about how we could best connect with the community through service. Almost all of us give back in some way outside of our work as attorneys already. I serve on the board of another non-profit organization, I help with the High School Mock Trial program, and I coach youth soccer. Many of us play similar roles when we aren't practicing law. Because of those commitments the officers decided that our association would be better able to contribute to our community if we had a directed effort. To do that, we've selected the Gwinnett Coalition for Health and Human Services as the organization that we will support this year through our stewardship to the community.
There will be many opportunities to get involved with this effort, beginning on October 19 with the Gwinnett Great Days of Service. The Coalition has included an article for this month's newsletter, and I hope that you will take some time to look over it. I also hope that you will join us at the luncheon on October 19 to learn about this charitable organization and how you can get involved.
September Luncheon

We hope you enjoyed learning about the STRAP program from our guest speaker Deputy Steven Cooley at the September luncheon. He shared why he began this program in 2011 and and how it has grown over the years, graduating 230 of Gwinnett County's youth! 
You can still get involved or donate to this wonderful program by contacting Dep. Cooley at  shcooley@bellsouth.net
October Luncheon
Friday October 19, 2018 12:00pm
The 1818 Club
6500 Sugarloaf Parkway #300
Duluth, GA 30097

Please join us for our next luncheon meeting, where our guest speakers  will be 
various candidates running for office throughout Gwinnett County this November.

Also, we will have a speaker from this year's non-profit partnership organization, the  Gwinnett Coalition for Health and Human Services.

Non-Profit Partnership
By Hala Carey

This year the Gwinnett County Bar Association has selected a non-profit organization to partner with throughout the 2018 - 2019 bar year to support through community service projects and donations. This year, we have selected the  G winnett Coalition for Health and Human Services. The Gwinnett Coalition for Health and Human Services is a non-profit organization dedicated to addressing the health and human service needs of everyone in Gwinnett County. It does so through collaborative community planning, applied research, community education, membership diversity, consensus building, advocacy, and innovation.

Coming up is a great opportunity to get involved with both the Gwinnett Coalition and the greater community of organizations that the Gwinnett Coalition represents. This year is the 19th year of Gwinnett Great Days of  Service, an event sponsored by the Gwinnett Coalition and featuring the many non-profit organizations, schools, and medical centers in Gwinnet t County. The Gwinnett Great Days of Service Steering Committee works with these agencies to define, address, and help support specific needs in the county that are being overlooked. Then, together with many volunteers, they complete defined service projects as a community. This educates citizens and community leaders about the needs around them and actively engages them to serve. This year there are over 500 projects and 90 agencies getting ready for this exciting event that will happen October 19th and 20th from 9am to 1pm.

Volunteers are still needed for many of the projects including the following: Partnership Against Domestic Violence, The Southeastern Railway Museum, Rainbow Village, One Stop Buford, and the Path Project.   Please visit www.gwinnettgreatdaysofservice.org to learn more about these organizations and to sign up to volunteer!

Be on the lookout for emails and notices in the Newsletter throughout the year for other opportunities to help out in addition to the Gwinnett Great Days of Service.
Show your appreciation for local law enforcement!
Each year the Gwinnett County Bar Association, in cooperation with the Gwinnett Chiefs Association, sponsors the Law Enforcement Appreciation Picnic which is well-attended by local officers and their families.  The picnic is one of the larger projects sponsored by the Bar.  This year, the picnic will be held at Rhodes Jordan Park in Lawrenceville on 
October 13, 2018 at 11:00 am

Please consider donating either your time or money (or both) to make the picnic the success it has been in years past.  The Bar collects monetary donations which are then used to purchase door prizes for the officers and their families. Your donations will help us make this year's prizes the best ever!  
If you are able to donate money, please make the check payable to the GCBA and send it to the attention of Dana Pagán or Julie Potts in the Solicitor's Office. 
If you wish to volunteer your time at the picnic, please email Dana Pagán at Dana.Pagan@gwinnettcounty.com.  Thank you for helping make this year's picnic a great success! 
Mark Your Calendars!
This Year's Monthly Meetings:             
  • October 19
  • November 16
  • January 18
  • February 15
  • March 15
  • April 19 
  • May 17



          Other Events:
  • October 13       Law Enforcement Appreciation Day (LEAD) Picnic 

                                     Rhodes Jordan Park

  • October 19-20  Gwinnett Great Days of Service

             Around the County

  • November 28   Judicial Reception: to Honor Retiring Judges

     GJAC Breezeway

  • December 7      Holiday Party

     Berkeley Hills Country Club

by Morris Margulis, GCCDB Communications Director

The criminal defense section meets the first Friday of every month. At our monthly meetings, we serve a catered lunch and have a featured speaker. In addition, we offer a two-day CLE every March. 

The Gwinnett County Criminal Defense Bar held its October 2018 monthly meeting at the Gwinnett Justice & Administration Center. The speaker, Kendra Mitchell, GACDL's legislative advocate, broke down the recent, sweeping legislation enacting Governor Deal's crime reform initiative.

2018 GCCDB Slate of Officers:
Sean Goldstein, President
Richard Armond, President-elect
Jessica Towne, Vice president
Drew Mosely, Treasurer
Morris Margulis,  Communications

Join the Section!
Interested in joining the section or want to RSVP for a monthly meeting? Please
contact section President Sean Goldstein at sean@seangoldsteinlaw.com.
EPPS UPDATE:  Future Meetings and Volunteer
by Melody A. Glouton
Please 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 email  Melody Glouton or  Lauren Bryant.
November 13, 2018
Please remember our Volunteer Opportunities:
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

Pro Bono Representation
Scott A. Boykin

Probate Clinic
Walter J. Clarke
John M. Miles
Yesenia Muhammad
Nathan P. Powell
John L. Welsh II

Consumer Law Clinic
Michael A. Arndt
Craig W. Sherrer

Family Law Information Class
Vanessa I. Kosky
Donald W. Osborne
Thank you!!

Legal Research Using Westlaw
Earn one hour of CLE credit  
(Fees paid and lunch provided by West)

  • DATE: Friday, October 26, 2018
  • TIME: 12:00 noon to 1:00 p.m.
  • Location: Judges' Conference Rm. Second Floor of GJAC


Please RSVP to Grace Holloway at 770-822-8571 or grace.holloway@gwinnettcounty.com

Judiciary Contact List

of  all Gwinnett Courts and auxiliary services

Thank you, Margaret Washburn for compiling and updating this go to resource!

Gwinnett County, Ga., Swears in First Ever Black Judge to State Court

On Thursday afternoon, Gwinnett County, Ga., swore in its first ever black judge to be elected to a state court position-and it's a black woman to boot.
The Atlanta Journal-Constitution reports that Snellville, Ga., attorney Ronda Colvin-Leary-who won her seat in May, is the first black person to be elected to any countywide position and the first black person to win an election for the state court, according to Gwinnett County Administrative Office of the Courts.
Colvin-Leary, who previously ran for the same position in 2016, earned her law degree from Florida Coastal School of Law and has been a member of the Georgia bar since 2001. She has experience in both criminal defense and prosecution and before being elected ran her own successful private practice law firm for 11 years, focusing on criminal law, contract law, juvenile law and personal injury. As a prosecutor, she served as the Solicitor for the city of Winder, Ga., for seven years.

Colvin-Leary told the AJC that she likes the role of the Gwinnett County State Court in the judicial system because it addresses minor legal issues, such as civil actions, misdemeanors and traffic offenses, before they escalate.

"I love State Court because, for me, I like to think that ... if you come to State Court we can try to address it before something else major happens and you wind up in Superior Court for a more serious offense," she said.
Gwinnett on the move:

Commissioners approve contract with MARTA 
- August 1, 2018

Contract to appear on ballot in March 2019 for voter consideration. A summary of the major provisions in the contract is also provided.

The Gwinnett County Board of Commissioners on Wednesday approved a contract with the Metropolitan Atlanta Rapid Transit Authority to operate and expand Gwinnett's transit system in accordance with the recently approved Connect Gwinnett Transit Development Plan

Board of Commissioners Chairman Charlotte Nash expressed appreciation to MARTA for the spirit of cooperation and responsiveness shown during the  contract negotiation. She said, "I am pleased with both the negotiation process and its outcome."

The board also passed a motion putting the  contract on the ballot in the March 19, 2019, special election for voter consideration. 
Voters in March 2019 will be asked to say yes or no to the  contract negotiated with the Authority ...

Snellville launches Microtransit
Since September 17, GCT has been offering door-to-door service in the Snellville area, providing an on-demand public transportation option. Riders can now be picked up and dropped off by the push of a button on the Microtransit app or by phone for FREE. Drivers have gone through in-depth training sessions to operate the technology in the vehicles and learn the new service area in Snellville.
Gwinnett County Transit shared Microtransit information at the Snellville Farmers Market, Centerville Communty Center, and Centerville Senior Center. Plans to share Microtransit information at later dates are underway. Snellville is currently without a local transit option and has been identifed as one of many areas to receive Microtransit (also called flex service) in the Connect Gwinnett: Transit Plan. For more information, visit the Gwinnett County Microtransit page.

Rock the Vote, early!

Early voting in Gwinnett County starts on October 15th. You can cast your vote at a day and time convenient to you, at: 

  • the Elections Office, located at 
455 Grayson Highway suite 200
Lawrenceville, GA 30046
(in the Kroger plaza)

  • a satellite location near you
For a full schedule and satellite locations

Election day is November 6th

EDLER v HEDDEN The 2 year rule applies to child custody modification
by Margaret Gettle Washburn
In this case, which was really not about the money, the Court of Appeals held that the two year rule for modification applies to child custody where a child has filed an election in less than two years from a previous Order of modification. OCGA § 19-9-3 (a) (5).
Judge Bethel authored the Opinion for the Court. The parties in this matter, Robert Edler (Father) and Lisa Hedden (Mother), were divorced in 2012.  The Mother was awarded primary physical custody of their children. In December 2015, their daughter, E.E., elected to reside with her Father. The Court modified the divorce decree to allow her to live with Father...

Physical Presence is Replaced by Economic Nexus
By, Toni Schwahn, CPA CFE

On June 21, 2018, the Supreme Court overturned a long standing law that required businesses to have a
physical presence in a state before that state could require them to levy and remit sales tax on sales within
that jurisdiction ( Quill Corp. v. North Dakota). The new law under South Dakota v. Wayfair eliminates the
long established standard that companies need to have a physical presence in the state before they are
required to collect and remit sales tax.

As states scramble to enact legislation that will allow them to increase their sales tax base, it will be
difficult for companies to comply with the many different laws that will be put in place. As a means to
determine economic nexus, some states are enacting safe harbor thresholds for the total dollar of sales
while others are enacting a threshold for the number of transactions within the state.

So how do we advise our clients on how to deal with this? Begin by ensuring our clients have a good
understanding of the extent of their out of state sales. Particular attention and considerations will need
to include inquiries and details such as...

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