Probate offers guidance to policies during COVID-19

Press Release
Probate Office

 

 

Gun Permits frozen under Judicial Order

News
Gun Permits

ELLIJAY, Ga. – Under last Friday’s Judicial Order from Chief Judge Brenda Weaver over court processes and business, Probate Judge Scott Chastain clarified today that new gun permits and applications will not be accepted until the order ends on April 11, 2020, according to the order.

Due to the Coronavirus (COVID-19), and in an effort to “keep people from coming to the courthouse,” Chastain said that he originally was going to continue as normal on permits, but as the order halts non-essential duties. The process includes citizens going to other offices in the Sheriff’s Office for fingerprinting as well.

Chastain did further explain that those permits already in process will be sent through the mail, so those already in process should not worry about not getting theirs. Additionally, Chastain said that to help those who might expire under the freeze, they, too, should not worry as he will be including expirations in the freeze as well.

What this means is that if your permit expires while the freeze is in effect, it will still be considered valid until the freeze concludes and new permits and renewals are accepted again.

Chastain said, “We’re going to freeze that time frame so you’re not carrying around an invalid permit until this order has ended.”

He went on to say he has had discussions with other judges and sheriff’s associations about the Gun Permits and temporarily denying the new permits.

Additionally, the Probate Court offices are supposed to be putting out a list of the essential duties they will be maintaining such as marriage licenses, later today. FYN has requested a copy and will be posting these when available.

 

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Judicial Order closes Courts in the Appalachian District

News
Judicial Order, Brenda Weaver, Chief Judge, Judge,

GILMER, Ga. – An order declaring a Judicial Emergency has been released from Chief Judge Brenda Weaver was filed today in Gilmer County regarding civil and/or criminal court proceedings in the Appalachian Judicial Circuit (Gilmer, Fannin, Pickens counties).

The order states, “The nature of this emergency is the continued transmission of the Coronavirus/COVID-19 throughout the State of Georgia and the potential infection of those who are required to appear in our courts and interact with large groups due to jury service, including grand jury service, or other large, non-essential calendars.”

As for the cases slated for next week, the order states, “It is the order of the Court that jury trials are CONTINUED, and no jurors or grand jurors shall report, and no jury trials shall be held for a period of 30 days from the date of the entry of this order.”

The order charges all parties and attorneys in specially-set hearings between March 13, 2020, and April 11, 2020, to contact the assigned judge for directions.

The order provides this list of the Amended 2020 Superior Court Calendar in that same time frame:

Additionally, the order calls for attorneys and clients to report and notify each other of any sign or showing of symptoms of illness, even mild ones, prior to or after court as well as any contact or exposure to a Coronavirus positive individual. The attorneys should then contact the judge’s office if this occurs.

The order also states a list of people that “shall not enter Pickens, Gilmer, or Fannin Courthouse or any probation office Pickens, Gilmer, or Fannin Counties, without prior permission from the Chief Judge.” Those people include:

  • Persons who have been in any of the following countries or regions within the last 14 days:
    STATE OF WASHINGTON
    NEW ROCHELLE, NEW YORK
    CHINA
    SOUTH KOREA
    JAPAN
    ITALY
    IRAN
    EGYPT

  • Persons who reside or have had close contact with someone who has been in one of the countries listed above within the last 14 days;

  • Persons who have been asked to self-quarantine by any doctor, hospital, or health agency;

  • Persons who have been diagnosed within, or have had contact with, anyone who has been diagnosed with Coronavirus (COVID-19);

The order charges Sheriff’s offices in these counties to deny entry to those in violation of this order. It also gives guidance to those under this order’s restrictions on the steps to take. Read the full Judicial Order below:

 

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Current Magistrate Judge Ken Roberts Announces Candidacy for Gilmer County Chief Magistrate

News
Current Magistrate Judge Ken Roberts Announces Candidacy for Gilmer County Chief Magistrate

Ken and his wife, Karen, have called the Coosawattee neighborhood home for thirteen years and describe Gilmer County in one sentence: “Friendship with a sense of community.”

Ken’s public service career began with a five-year tour in the United States Air Force, followed by a fire service career in Central Florida, where he retired as Assistant Fire Chief after 25 years.

His public service career continued with the Seminole County Department of Public Safety, serving first as the Public Information Officer, then as County Emergency Management Director, and retiring as the Director of Public Safety. All of these positions involved coordination with county, state, and federal law enforcement agencies, as well as the navigation of county-level government operations.

Ken currently serve as a Magistrate Judge for Gilmer County. He has served the Magistrate Court – which is often referred to as “the People’s Court” – with one simple philosophy: Do the right thing, always. This approach has served Gilmer County well, earned him the respect of the local law-enforcement community, and proven to be especially valuable when dealing with citizens coming to court for the first time.

Ken is running for Chief Magistrate in order to continue applying his philosophy of fairness, respect, and always doing the right thing; and would appreciate your vote.

For more information, visit electkenroberts.com

Probate Court celebrates certifications

Featured Stories

ELLIJAY, Ga. – The Gilmer County Probate Court honored three of its clerks for their state certifications this week.

Gilmer County's Probate Judge Scott Chastain

Gilmer County’s Probate Judge Scott Chastain

A process that began with former Probate Judge Anita Mullins, these employees have served for years in the court system and have completed training programs within the system under Judge Scott Chastain.

The three ladies recognized are Jana Grno, Tracy Teague, and Lyndsay Hightower. Chastain says that recognition is given for 30 hours and 60 hours of training for the program, but he wanted to do something special as each of these women now have 90 hours, the final stage of the program and actual certification.

Jana Grno will have been with the Gilmer Probate for five years next week on April 21. Focusing on the vital records and weapons permits now, Chastain says there is very little she cannot do in the Probate Court as she also assists in traffic court. She is also the longest running employee in the Probate Office in Gilmer County.

Tracy Teague will reach her 5 years with the Probate Court this September. Chastain calls Teague a “lifesaver” as he transitioned in the office. He says she was and is constantly there every time he calls for anything the office needs.

From left to right, Lyndsay Hightower, Tracy Teague, and Jana Grno receive their state certificates in Gilmer's Probate Office.

From left to right, Lyndsay Hightower, Tracy Teague, and Jana Grno receive their state certificates in Gilmer’s Probate Office.

Teague has recently been announced as Judge Chastain’s Chief Clerk. Teague had already served as Chief Clerk under Judge Mullins and continues this service now that Chastain has asked her as well. She handles much of the requirements in traffic court, and Chastain says he uses her as Chief Clerk for certain administration needs when he is out of the office.

Lyndsay Hightower was hired into the Probate Court on August 30, 2016. She serves in the front window of the Probate Office, she is the main probate clerk of the office according to Chastain. He noted that he has basically asked her to take on the work of two clerks and she continues to work hard under the stress. With previous experience in law enforcement, he says Hightower brings a different view to the office alongside her coworkers.

Former Gilmer County Probate Judge Anita Mullins

Former Gilmer County Probate Judge Anita Mullins

Mullins was also present at the celebration for her former employees. She offered a few words on the occasion as she stated, “They worked so hard for me. They were such a blessing because I was going through, at the end, a lot of family issues with my parents. If it hadn’t have been for these girls, I don’t know what I would have done. They are so smart, and they are so capable. I know that they are going to continue on and do great things.”

Both Mullins and Chastain made comments about how little the public gets to see just how much work goes on in the office behind the public sight. Accomplishing the vast amount of work necessary for the office to operate efficiently is next to impossible without the proper staff.

Chastain went on to say that with two other employees in the office, he hopes to become one of the few Probate Offices in the state of Georgia with every clerk state certified in the coming years.

Pritchett found guilty on all counts

News

ELLIJAY, Ga. – A shooting on July 8, 2017, is finally moving towards a close in the court system with Douglas Edwin Pritchett being found guilty on all counts yesterday, March 7, 2019.

As originally reported by FYN in “Fatal Shooting in Gilmer County involves GBI,” Gilmer County Sheriff Stacy Nicholson stated that deputies responded to the 911 call from Douglas Pritchett, 43, claiming his home was being invaded and he had shot the invader. Involving the Georgia Bureau of Investigation (GBI), the two agencies moved forward in the investigations.

Reports from the indictments of the case indicate that Danly was shot in the face, back, and chest.

Almost two years later, Appalachian Judicial Circuit District Attorney B. Alison Sosebee says, “I am very pleased with the verdict that the jury returned in this case. I feel that it is appropriate based upon the evidence gathered during the investigation of the case and the testimony and evidence presented at trial. The District Attorney’s Office would like to thank all law enforcement that was involved in the investigation and prosecution of this case, including the Georgia Bureau of Investigation, the Gilmer County Sheriff’s Office, the Gilmer County Fire and Rescue, and Jerry Hensley, Coroner of Gilmer County.”

The guilty verdict “on all counts” refers to the multiple charges listed including one count of Malice Murder, three counts of Felony Murder, one count of Aggravated Assault Intent to Murder, one count of Aggravated Assault, one count of Aggravated Battery.

Each of these charges derived from the single altercation between Pritchett and his victim, Richard Danly, 53 at the time of the shooting.

Jury selection for the case began last Thursday, February 28, and opening statements began on Friday, March 1, The case was presided over by Senior Judge C.J. Gober, previously the Chief State Court Judge of Cherokee County.

As the case progressed this week, it reached it’s initial conclusion yesterday, March 7, when the Jury took the case for deliberation at 3:00 p.m. and returned at 5:45 p.m. with their verdict.

It is also FYN’s understanding that while Danley’s mother, who is in her 80’s, was unable to attend the trial due to health issues, she did say she was very relieved when she was told of the verdict.

 

JQC Dismisses all Claims against Judge Brenda Weaver

Featured, News

“No evidence has been presented to show any violation of code of Judicial Ethics by Judge Weaver. Instead, the evidence appears to show a personal dislike of the Judge.”

Last week the Georgia Judicial Qualification Commission dismissed the complaint against Appalachian Judicial District Chief Superior Court Judge Brenda Weaver. 

Judge Brenda Weaver

“The complaint of Thomason, Stookey, Doss and the GCSPJ are without any basis in law or fact. The complaints are nothing more than a thinly veiled attempt to enlist the JQC in their fixation upon harming Judge Weaver. The JQC will have no further part in it. All complaints are hereby dismissed.”

The complaint was submitted to the JQC by Mark Thomason, former publisher of the Fannin Focus, his attorney Russell Stookey and Fannin County Attorney Lynn Doss.

In the JQC conclusions they addressed the Georgia Chapters Society of Professionals Journalist complaint that Weaver mounted an attack on freedom of the press.

“Calling oneself a “journalist” and “reporter” should not be a cover for pursuing personal vendettas.”

Stookey and Thomason with the assistance of Fannin County Attorney Lynn Doss raised a complaint to the FBI to initiate an investigation.   

JQC, “The FBI investigated the allegations raised by Stookey and Thomason but found no wrongdoing.”

On June 15th Atlanta Attorney Gerry Weber, representing Russell Stookey and Mark Thomason, sent a demand letter and Ante Litem Notice to Judge Brenda Weaver, District Attorney B. Alison Sosebee and Pickens County Board of Commissioners.

Part of Weber’s summary of claim, “This case has already garnered national attention. It involves breathtaking abuse of power by a Judge, prosecutor, and law enforcement who manipulated the criminal justice system to wage a personal vendetta against a local newspaper publisher and his attorney.”

Weber’s claim for damages conclusion, “Further accounting for damages stemming from the emotional distress in false arrest and malicious prosecution and for the punitive damages due to egregiousness of the actions leading to the arrests, Stookey’s and Thomason’s damages exceed 1,000,000.”

How far will this case go considering the FBI and JQC have closed their investigation both dismissing the possible charge of wrongdoing.

Click to read “Fannin Focus Publisher Mark Thomason Arrested, Journalist or Vendetta?

 

Probate Court Announces New Website

News

ELLIJAY, GA – Scott C. Chastain, Probate Judge of Gilmer County, is pleased to announce the release of a new website, which will give the public greater access to Probate Court’s public records.

The website, www.georgiaprobaterecords.com, gives the public the ability to search probate records and initiate some processes securely online. For example, you can go to the website and begin the application process for marriage licenses and weapons carry licenses.

You will still need to come in to the office to complete the application, but, by starting the application online, it will reduce your time spent at the Probate Office. The website was developed through a partnership with the Probate Court’s software vendor at no charge to the county.

It will help the Probate Court stay on the cutting edge of technology as more and more things move toward web platforms. It is user friendly and safe, having the same level of data encryption and security as online banking. While Judge Chastain assures that the Probate Court is always happy to see you in person, “We want to offer this option in an effort to expand our service to the community.”

In an effort to further serve our community, Probate Judge Scott C. Chastain and his staff are pleased to announce that the Probate Court of Gilmer County is now accepting Visa and Mastercard credit card or debit card payments.

A driver’s license, along with the card, will need to be presented to verify the cardholder. A small convenience fee will be added to the court fees or fines if you choose to use a card. Also, you now have the ability to pay your traffic citation in the courtroom during traffic court. The process is quick, easy, and convenient. This service is provided by EZCourtPay, LLC.

Closures Coming in Preparation of Irma Storms

News

Although experts at the National Weather Service are still tracking Hurricane Irma, the storm has currently changed course again a little further west.

For North Georgia, this could mean the Irma stays stronger longer, affecting our counties even more. In preparation, FYN has received confirmation from Judge Brenda Weaver that Superior and Juvenile Courts have been cancelled for Gilmer, Pickens, and Fannin counties.

This comes in addition to school closure in Gilmer County for tomorrow, September 11. People are flocking to social media requesting and offering shelter to those in need including both people and animals. One post even offered an acre of land for anyone needing a spot for horses.

Further effects on the county have already been seen as restaurants are overfull and hotels are overbooked. However, Gilmer could see its own problems as Public Safety Director Tony Pritchett tells FYN that we are not just preparing for flash floods, but increasing wind speeds and high gusts bring threats of downed trees, road blockages, and power loss throughout the county.

Pritchett suggested previously with FYN that citizens prepare themselves to be without power for 48 to 72 hours in case such a situation arises.

The National Weather Service is also warning citizens that the hurricane could spawn further problems with small tornadoes touching down for small periods in certain locations.

FYN’s understanding suggests that counties in northern Georgia could see up to seven inches of rain in the next few days. Stay with FYN as Emergency Services wait to see if shelters need to be opened and further closures are announced and check out more information on the Gilmer’s preparations for the storms with “Gilmer Prepares for Irma Fallout.”

Chastain Opens Up as New Probate Judge

Police & Government

January marks a major change in Gilmer County’s Probate Court. After 12 years, a new Judge has taken office.

Probate Judge Scott Chastain has completed his first week in office. As FYN sat down to talk about his first week, he spoke about the challenges he’s faced in catching up to the level of work required. He lauded his staff as one of the greatest strengths of the office with specific emphasis on their experience and familiarity being key in helping to ease his transition.

However, Chastain says he’s been working for the position since the day he qualified.  Through training and classes, “I have found out that we {Probate Judges} are a family… I am finding out that to be remarkably true.”

His assigned mentor, Judge David Lindsey of Pickens County, as well as Gilmer’s former Probate Judge Anita Mullins, offered help since March of last year for Chastain to attend Court Sessions and certain Probate sessions to provide what he calls the “foundation” for his job now.

Though that’s not all as Judge Chastain spoke as well about his time as a Pastor and how his faith has “molded me for these situations.” Though he stated a position like his cannot offer advice on proceedings and cases, “sometimes it’s just listening… to care and then to act compassionately,” a sentiment many will recall was also spoken of by Judge Mullins as she announced her retirement last year.

But there is more than just compassion needed in Probate offices. Judges face daily issues that test and stress burdens upon those in the court. While the Judge continues his education both formally and informally as he studies the handbooks, bench books, and Code Books available. It is motivation, he offered, that is his key to a good start to his time in office.

“Currently, I feel the urgency of trying to get things going.” says Chastain who feels his self-motivation will aid him in expediting his growth in position as well as daily cases and work. “I don’t want folks out in the community waiting for Scott to get motivated enough to go through their file. I want to go through it, make a decision, get it signed, and get it back with the petitioner or attorney.”

Chastain spoke of a desire to establish a system for himself to streamline his process to get to a specific situation, be decisive, and move forward while also stressing the importance of his mentor’s advice that he will continue learning things no matter how long he holds office.

One such decision, he has already made. Stating he will not be performing marriages, Chastain said it is something that Judge Mullins stopped 3 years ago, and he sees no need to start it back up again.

The rhythm he is hoping to achieve will not come easy, however. Chastain admits to already having spent a few late nights at the office in spite of a specific piece of advice that former Judge Mullins gave to him, “Don’t let the job consume you.”

Though he feels he needs to catch up and get the work done that the county needs, he still sees his family as a priority.

“For now, I feel like it’s important for me to get off to a good start and spend some time down here to get that done… I’ve actually had the luxury of spending time with my kids before getting here.” Chastain still looks to his own future as he mentioned hopes for more family and grand-kids as a possibility someday,  but wants to be available to the people of the county when they need him as well.

As he continues his transition into office, Judge Scott Chastain stated, “The honor to be elected by the people is overwhelming… It was very emotional for me to know that the people of Gilmer County had enough confidence in me to vote for me. Second, the Swearing In, to have the amount of people that showed up that day that wanted to be there and witness that was overwhelming.” Not only mentioning other Judges and family who attended the event, Chastain said it was also the people of the community in attendance that meant so much to him.

A smiled crept across the Judges face when asked about donning his black robes for the first time, saying, “It was somewhat weird… When you put that robe on, it is a tremendous responsibility. It is a respected position, a serious position. I guess trying to get used to that has really not sunk all the way in just yet.”

Swearing in the New Year

News

Monday, December 19, saw Judge Brenda Weaver appearing in Gilmer County’s Courthouse to swear in newly elected and returning officials for their offices in our county.

The day began with Probate Judge elect Scott Chastain taking his oath in his soon to be courtroom before officially donning is black robe for the first time.

Be sure to follow those sworn in and also watch the oaths below.

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Scott Chastain Sworn in as Probate Judge.

 

 

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Roger Kincaid sworn in as Chief Magistrate.

 

 

 

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Glenda Sue Johnson sworn in as Clerk of Superior Court.

 

 

 

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Stacy L. Nicholson sworn in as Sheriff.

 

 

 

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Rebecca A. Marshall sworn in as Tax Commissioner.

 

 

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Jerry B. Hensley sworn in as Coroner.

 

 

 

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Dallas Howard Miller sworn in as County Commissioner Post 1.

 

 

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Jeffery T. Vick sworn in as Surveyor.

 

 

 

 

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Thomas A. Ocobock sworn in as Board of Education, Post 1.

 

 

 

 

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James Parmer sworn in as Board of Education, Post 2.

 

 

 

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Nick Weaver sworn in as Board of Education, Post 3.

 

 

 

 

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Ronald Watkins sworn in as Board of Education, Post 5.

 

 

 

Fannin’s Troubles, Who lit the candle? Pt 4

GMFTO

Part 4 of our series on Fannin County, Brenda Weavers Resignation from the JQC, and the litigation of Mark Thomason.

Judge Weaver Resigns as Chair of JQC

Featured, Featured Stories, News

Appalachian Judicial Circuit Chief Superior Court Judge Brenda Weaver has resigned as Chairperson and member of the Judicial Qualifications Commission.  Judge Weaver gave her resignation today August 12, 2016.  She expressed her gratitude for the opportunity to serve and thanked the other members saying,

I sincerely appreciate the opportunity I was given  to serve as a member and as the Chairperson of this commission.  The work of this  commission is extremely  important and nothing and no one should distract from its duties and responsibilities.  As a member,  each of you spend  a lot of time each month, reading  materials and preparing for each meeting.  Thank you.
Weaver presides in the Adult Felony Drug Court and the Veterans Court in her circuit.  Last night, August the 11th, there was a total of 10 participants who graduated from the two courts.   She says she plans to use the additional time she now will have to continue to expand and improve the services that these courts provide for the citizens of her circuit.
                               2015 Drug Court Graduation

 

County Speaks in Close Vote to Elect Chastain

News

The votes tallied with an astoundingly close race. Gilmer County has elected  as their new Probate Judge.

Some precincts came in as low as only 5-7% of registered voters turning out to their precinct Tuesday. At the end of the night, the votes set Scott Chastain at a grand total of 1,122 and Josh Teague at 1,090.

Scott-picture-e1455565967223When asked about his victory, Probate Judge Elect Scott Chastain said, “I’m very humbled by the amount of voters who supported me.” Chastain spoke further about his transition into the office by setting his business with someone to replace his day-to-day duties, but also plans to shadow the current Judge Anita Mullins in her office in the coming months as he studies and attends the coming training sessions for the office. He went on to say, “I was very pleased with the tone of the race. I think we all four brought something good to the race… I kept hearing through the whole race that you had four good candidates and then when it went from four to two I kept hearing you got two good candidates.”

The sentiment was echoed by Chairman of the Gilmer County Republican Party Stephen Aaron, “I said it very early on that it’s rare to have so many good people running for an office, and it’s great that the voters of Gilmer County spoke.”

hs-JoshTTeague-1-262x300FYN also caught up with Josh Teague to ask about his campaign. Teague offered, “I like to thank everybody who came out to support me. We had a lot of great help, a lot of great support.” With pride in his race that his campaign ran, Teague said, “I hope Mr. Chastain succeeds and does well in office. I wish him all the best and success.”

Though both candidates showed great emotion as the results came in, it only served to mask the stress of an election that sat at a 3 vote difference when the precincts were counted, it came out that the early voting and absentee ballots set the final 32 vote difference that set Scott Chastain on top of the election.

Anita-MullinsFYN also sat down with the third party in this election. Though she didn’t run in the race, the current Judge Mullins shed tears as she said she was sad to be leaving the office, but was happy to be taking more time for herself and her family. Judge Mullins gave thanks for a smooth day with little issues in the elections systems. When asked about the final turnout of the race, Mullins stated, “I’ll keep Mr. Chastain in my prayers, that he’ll be able to do a good job and that he will enjoy the job as much as I did.”

The final tally of the precincts totaled:

Big Creek
Scott Chastain – 55
Josh Teague – 47

Boardtown
Scott Chastain – 49
Josh Teague – 39

Cartecay
Scott Chastain – 90
Josh Teague – 66

Cherry Log
Scott Chastain – 38
Josh Teague – 18

East Ellijay
Scott Chastain – 71
Josh Teague – 67

Ellijay NE
Scott Chastain – 45
Josh Teague – 41

Ellijay N
Scott Chastain – 58
Josh Teague – 63

Ellijay S
Scott Chastain – 60
Josh Teague – 69

Leaches
Scott Chastain – 39
Josh Teague – 51

Mountain Town

Scott Chastain – 38
Josh Teague – 45

Tails Creek

Scott Chastain – 33
Josh Teague – 47

Town Creek
Scott Chastain – 28
Josh Teague – 41

Yukon
Scott Chastain – 49
Josh Teague – 56

Mail-ins
Scott Chastain – 60
Josh Teague – 66

Early Voting
Scott Chastain – 409
Josh Teague – 374

Fannin County Magistrate Election 7/25/16

GMFTO

BKP highlights the Fannin County Magistrate Court Run-Off and its Candidates.

Press Freedom or Vendettas?

GMFTO

A journalist jailed? Look behind the plea of oppression.

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