GCO member asks to have probate judge held in contempt

[DJAteOhAte]

http://www.georgiacarry.org/cms/2008/06/12/gco-member-asks-to-have-probate-judge-held-in-contempt/

A GCO member has filed a motion to have Henry County Probate Judge Kelley Powell held in contempt of federal court for her failure obey a court order regarding requests for social security numbers. In the 2007 case, the U.S. District Court for the Northern District of Georgia declared that Judge Powell had violated the federal Privacy Act and ordered her to provide the notice required by Section 7(b) of the Act, including “by what statutory or other authority the information is requested” if she asks for SSNs. It was reported on Georgiapacking.org that Judge Powell has been asking for SSNs without providing this notice. The member has asked that Judge Powell be held in contempt, that all SSNs collected since the injunction was entered be purged from Judge Powell’s records, and that a court appointed monitor be established to report to the court whether Judge Powell is abiding by the injunction. A copy of the motion, and earlier documents in the case, may be viewed here.

 

[xjchief]

What's all this about?

 

[Airman193SOS]

A quick search makes her to be the Probate Judge, thus responsible for the issuance of concealed carry permits. Apparently she is asking for Social Security numbers and making them public, which I assume that GCO objects to not only because it violates privacy but because it is a deterrent to people applying for permits (i.e., they won't apply if they know that their SSN will become public knowledge, so it is a de facto ban on permit issuance).

That's what I gather, anyway. Please feel free to correct me if I'm wrong.

 

[Cacique500]

Much more to it...

http://www.georgiacarry.com/puckett/

Everything is at the link but basically she is a county probate judge and in Georgia they issue the permits. She was not issuing within the 60 day time period specified by law (mine came at about 130 days - and only after I involved my state senator).

She was also requiring SS#'s and your place of employment - if you failed to provide either your application was "incomplete" and not processed.

Long story short, she was sued with the help of GCO and I believe it went to the U.S. District Court where a judgement was made against her. She was just now caught not complying with the higher court order (still asking for ss#'s). Going to be interesting. Sorry if a couple of the details are mildly inaccurate but IANAL and don't want to retype all the briefs & judgements!

 

[Technosavant]

Ah, thanks for the clarification.

Let's hope this judge is forced to recognize that even she is not above the law.

 

[DJAteOhAte]

Apparently she is asking for Social Security numbers and making them public, which I assume that GCO objects to not only because it violates privacy but because it is a deterrent to people applying for permits (i.e., they won't apply if they know that their SSN will become public knowledge, so it is a de facto ban on permit issuance).

She is not allowed to ask for SSNs at all. She has been ordered by a Federal judge to stop doing so.

She's still asking for SSNs on the GFL application which puts her in violation of the court order.

 

[uneasy_rider]

I don't think she ever made any SSN's public.

She isn't allowed to ask for them, but continued to do so.

Georgia has very obscure concealed carry laws, originally put into place to keep black people from being able to arm themselves. The Probate Judge is the issuing authority for each county.

 

[NGIB]

And GCO (GeorgiaCarry,Org) is not shy about taking these folks to court either. Just recently the mayor of Atlanta tried to ban carrying in Atlanta city parks. Since state law allows park carry, GCO immediately sued her and won. Great to have an organization like this here in the state that is the point of the spear in protecting our rights - and yes, I'm a member...

 

[Schutzen]

A judge willfully disobeying a higher courts ruling should not be held in contempt. That judge should be disbarred! Our legal system works as well as it does because of voluntary compliance. Our law enforcement personnel and our courts system would be ineffective if they had to force everyone to comply with the law. Your judge in Georgia knows this and either wants to make a statement or wants to willfully break the law as an example. Make an example out of her, disbar her and make a statement to everyone that no one is above the law.

 

[wideym]

Asking the judicial system to disbar a sitting judge is like asking a mother to eat her own child, I'm sure it's been done before, but I can't ever recall it.

 

[DJAteOhAte]

Asking the judicial system to disbar a sitting judge is like asking a mother to eat her own child, I'm sure it's been done before, but I can't ever recall it.

From: http://www.georgiacourts.org/probate.html

A candidate for judge of the probate court must be at least 25 years of age, a high school graduate, a U.S. citizen and a county resident for at least two years preceding the election. In counties with population over 96,000, a candidate for probate judge must have practiced law for seven years and be at least 30 years of age.

A judge isn't even necessarily a member of the state bar.

 

[Dain Bramage]

Asking the judicial system to disbar a sitting judge is like asking a mother to eat her own child, I'm sure it's been done before, but I can't ever recall it.

That sir, would make a great sig line.

 

[Kharn]

Good to hear the Federal judiciary is willing to take other states to task for their CCW shenanigans.

DJAteOhAte:
Nor is bar membership required for appointment to the US Supreme Court.

Kharn