Category Archives: Law

Gov. Deal suspended 3 Brooks Co. School Board members

The two local TV stations have an update on the Quitman 10: the governor has suspended the three who were elected to the Brooks County School Board. If the VDT has covered this, I must have missed it. (OK, I should look at today’s paper….) There’s also nothing about this on the Brooks County School Board website.

Jade Bulecza wrote for WALB yesterday, Governor orders Brooks Co. School Bd. suspensions

Superintendent Debra Folsom got the governor’s order Tuesday suspending the three board members.

“This is all new territory for us,” said Folsom. “We’re consulting our attorney to see what the next steps we will take to fill the positions.”

December 20 a review commission made up of the attorney general and two school board members from across Georgia were appointed by the governor to review the case.

“They heard evidence from the prosecution and from the accused and the conclusion of that they made a determination and forwarded that to the governor’s office whether to suspend or not to suspend the three school board members,” said South Georgia District Attorney Joe Mulholland.

December 30, the review panel unanimously made their decision.

That would be the same Joe Mulholland who’s been on TV saying things like Continue reading →

CCA is a functional equivalent of a government agency —TN court

A government agency is subject to open records laws. Alex Friedman of Prison Legal News sued CCA for not satisfying an open records request. CCA lost in local court, then lost again on first appeal. On a second appeal, CCA lost even more abruptly.

Knoxville News editorial of 14 March 2010, Chalk two up for open government

CAA[sic] maintained it wasn’t the functional equivalent of a government agency, but the Appeals Court rejected that claim and the Supreme Court refused even to hear it.

“With all due respect to CAA[sic],” Appeals Court Judge D. Michael Swiney wrote in his opinion on Friedman’s case, “this Court is at a loss as to how operating a state prison could be considered anything less than a governmental function.”

So eventually CCA will have to surrender at least some of the records, although there is still haggling in court over which exceptions CCA can use for which records. (And there’s always the old “we didn’t keep them that long” trick.)

The Tennessee Supreme Court had already ruled about government contractors:

“When a private entity’s relationship with the government is so extensive that the entity serves as the functional equivalent of a governmental agency, the accountability created by public oversight should be preserved.”
I wonder if Georgia will accept a Tennessee precedent?

-jsq

Solar energy trust to help fund Bulloch County’s budget

This story is very interesting in light of Georgia’s territoriality agreement which (I am not a lawyer) basically says not just anybody can sell electric power to municipalities.

Mary Carr Mayle wrote for SavannahNow 27 September 2011, Solar firm establishes energy trust

Two area doctors, co-owners of the Tabby Power Solar Co. in Bulloch County, have formed the Georgia Energy Trust Fund to direct part of their company’s proceeds to the county.

And, while it will take more than a few generations – some 350 years, in fact – Savannah dermatologist Dr. Sidney P. Smith and Brunswick pathologist Dr. Pat Godbey hope the trust fund will eventually generate enough money to pay all of Bulloch County’s budget and create a prototype other rural Georgia counties can follow.

Initially, the doctors are donating 1.5 percent of the gross receipts from their six-acre solar farm in Pembroke to the trust, which will invest in state bonds for the county. The county will then receive half of the earned interest, with the other half reinvested for the county.

Interesting angle, that: they’re not directly selling the power to the county; they’re using some of their income to buy bonds for the county. And they’re inviting others to do the same:
Other county solar installations, both private and public, will be able to contribute to the fund, he said.
Will Georgia Power (or somebody) sue? We’ll see!

And they didn’t wait for North Carolina or New Jersey to do it first:

Smith believes the Georgia Energy Trust is the first trust fund of its kind in the country.

“It will lead to financial independence in the counties in which it is enacted.”

Sounds like a plan to me!

-jsq

Map of prisons in Georgia

The Georgia Department of Corrections (GDOC) does not provide a map of prisons in Georgia; at least not that I’ve been able to find. CCA does not provide a map of its private prisons, either. This omission seems odd for an industry that brags about how good it is economically.

But someone has composed this google map that gives the big picture. I don’t know if this map is current or accurate, but the spot checks I’ve made show markers for real prisons. Did you know there were so many?

Apparently,

  • the reddish circles are county prisons;
  • the red arrows are state prisons for men like Valdosta State Prison;
  • the yellow arrows are state prisons for women (Pulaski) or juveniles (Arrendale), except Washington State Prison appears to be back to housing men;
  • the blue arrows are Regional Youth Detention Centers (RYDC);
  • and the green arrows are at least some of CCA’s private prisons,

Prisons are bad economics, producing no longterm improvement in employment, and risking closure, leaving communities with expensive white elephants. We don’t need a private prison in Lowndes County, Georgia. Spend those tax dollars on rehabilitation and education instead. Follow this link to petition the Valdosta-Lowndes County Industrial Authority.

-jsq

Rural prisons: economic bane or bust?

Some interesting points about prisons from a Georgia blogger.

Keith McCants posted Wednesday in Peanut Politics, Prisons as Economic Development: Boom or Bust for Rural Georgia? In Georgia today there are more prisoners than farmers. And while most prisoners in Georgia are from urban communities, most prisons are now in rural areas with high levels of poverty & a unskilled, uneducated workforce. During the last two decades, the large-scale use of incarceration to solve social problems has combined with the fall-out of globalization to produce an ominous trend: prisons have become a “growth industry” in rural Georgia, in fact Rural America.

Communities in isolated regions of the state began suffering from declines in farming, mining, timber-work and manufacturing are now begging for prisons to be built in their backyards. The economic restructuring that began in the troubled decade of the 1980s has had dramatic social and economic consequences for rural communities and small towns. Together the farm crises, factory closings, corporate downsizing, shift to service sector employment and the substitution of major regional and national chains for local, main-street businesses have triggered profound change in these areas. So, many rural areas have bought into prisons as a growth industry.

Some consequences are pretty obvious:

Many small rural towns have become dependent on an industry which itself is dependent on the continuation of crime-producing conditions.
Others may take more time to see: Continue reading →

Quitman 10 to see Gov. Deal in Atlanta —George Rhynes

Received today. -jsq
Moreover, I have just been notified that the Quitman 10 will be traveling to Atlanta on Friday to meet with Georgia Governor Deal about remaining on the Brooks County Board of Education. I will most certainly miss Senator Robert Brown here in the State of Georgia.

-GEORGE BOSTON RHYNES

From Macon, Patrick Davis provides insight into the Quitman 10 case

While the Valdosta Daily Times, WCTV, and WALB remain silent about the Quitman 10, and all you hear on local TV is the D.A. giving his opinion of the case, in faraway Macon Patrick Davis digs into more things we should be hearing.

Patrick Davis wrote yesterday for the Macon Political Buzz Examiner, Jim Crow politics on display as Brooks County absentee case proceeds

Brad Shealy, who had been the long-time chairman of the Brooks Board of Education faced the prospect of being voted out as chairman and witnessing a majority-black Brooks County Board of Education for the first time ever.

Shealy lost his position when new leadership was elected in January 2011.

Shealy’s day job is the assistant district attorney under J. David Miller who originally started the investigation back in the late summer of 2010.

Excuse me? The former Brooks County school board chairman works for the D.A.’s office? And the D.A. is going on TV for pre-trial propaganda in the case?

Patrick Davis asks the obvious question: Continue reading →

D.A. Joe Mulholland on Fox News on the Quitman 10

This is what local TV viewers are hearing and seeing about the Quitman 10. Somebody tell me, is it appropriate for a district attorney to declare people guilty before trial?

Justin Schuver wrote for the Post-Searchlight 29 November 2011, Mulholland interviewed on Fox News

Local viewers of Fox News on Sunday morning might have seen a familiar face on their screen, as South Georgia Judicial Circuit District Attorney Joe Mulholland was interviewed by the national news station about his prosecution of a voter-fraud case in Brooks County, Ga.

Mulholland spoke to Fox News newsman Eric Shawn for approximately four-and-a-half minutes about the case, which involves 12 citizens charged for allegedly tampering in a July 2010 primary election.

According to the Valdosta Daily Times, school board incumbents Gary Rentz and Myra Exum were leading in their races, before the absentee ballots were counted. After those 979 absentee ballots were tabulated, challengers Linda Troutman and Elizabeth Thomas were able to overtake the incumbents’ leads and eventually win election in November.

On Tuesday, Dec. 21, 2010, the Georgia Bureau of Investigation arrested

Continue reading →

About the audio, and thanks to Aaron Kostyu

Answering part of Barbara Stratton’s questions, the audio access was part of the award the Commission gave LAKE for blogging questions like yours. You may know it as a bill of attainder. When the commission moved to the palace, we tried sitting in several locations and found that the front couple of rows, near the edges have the best sound. When we were banished to the back corner, we found the audio on the recordings was nearly inaudible. Perhaps our readers and listeners noticed that too.

When we mentioned the poor audio quality to Aaron Kostyu, Director of Technology, he informed us of the possibility of a direct microphone feed in the “media nook” (to the right of the door as you go in) to a properly equipped camera. He even showed Gretchen a camera that had the proper features. A bit of shopping later, we purchased a Canon HFR21 that appears to have many of the features needed for effective recording of these meetings.

Because the “media nook” speaker output had never been used before Monday, Continue reading →

Reapportionment maps, Lowndes County, 13 December 2011

Here are the new County Commission District maps that the Commission just agreed on tonight for reapportionment due to the new census and population changes in the county. These are the districts that will be used for next year’s County Commission elections.

These documents were obtained by John S. Quarterman for LAKE from County Manager Joe Pritchard by asking the County Commission during Citizens Wishing to Be Heard at their Regular Session of 13 December 2011.

I made a little list of requests, and the County Manager fulfilled all of them. I’m convinced this demonstrates that Joe Pritchard is indeed typecast as Santa Claus.

-jsq