Category Archives: Law

Pardons board rejects clemency for Troy Davis

So now it’s down to Gov. Deal.

In the VDT via AP today:

Georgia’s pardons board rejected a last-ditch clemency plea from death row inmate Troy Davis on Tuesday despite high-profile support from figures including the pope and a former FBI director for the claim that he was wrongly convicted of killing a police officer in 1989.

Davis is scheduled to die Wednesday by injection for the killing of off-duty Savannah officer Mark MacPhail, who was slain while rushing to help a homeless man being attacked. It is the fourth time in four years that Davis’ execution has been scheduled by Georgia officials.

Steve Hayes, spokesman for the Board of Pardons and Paroles, said

Continue reading →

Gov. Deal: the good, the ugly, and the bad on prisons

Gov. Nathan Deal proposed a half-measure to reduce the Georgia prison population that nonetheless is a useful measure (the good). He reiterated a bogus talking point (the ugly). Then he proceeded to contradict it in advocating something that would work against reducing the prison population (the bad).

David Rodock’s interview with Gov. Nathan Deal is in the VDT today.

The Good

THE TIMES: How are we going to address the large number of incarcerated citizens and decrease those numbers?

DEAL: “I think one of the better things we can do is have accountability in courts whether they be drug courts, DUI courts, mental-health courts, towards sentence reform. the like. We know that they work. We know the recidivism rate, if they go through those approaches rather than directly into the prison system. We have less recidivism. We break the addictions, and we’ve got to work very closely on that.”

I’ve previously noted that Gov. Deal has taken at least a tentative step towards sentence reform. That’s good, but not enough. Let’s do the rest, Continue reading →

Flattery! —John S. Quarterman @ LCC 13 September 2011

The VDT picked up that I referred to Ashley Paulk’s personal attention of the day before as flattery. Sorry, elected officials who can’t even get recognized by the Chairman: bring a camera next time; then he’ll notice you!

First I pointed out that the Mayor of Hahira was in the room. The Chairman had recognized the new Mayor of Valdosta, his replacement on the Valdosta City Council, and the Chair of the Lake Park Chamber of Commerce, but not the Mayor of Hahira. I didn’t want anyone to think the County Commission doesn’t care about Hahira!

Then I commended the voting Commissioners for their comments Continue reading →

Georgia open records law revision

There seems to be disagreement about access to open records in civil suits, regarding changes Attorney General Sam Olens proposes to Georgia’s Open Records Act. There are other issues, as well.

Jim Galloway wrote for the AJC on 1 Sep 2011, Sam Olens, Mike Bowers at odds over change to Open Records Act,

At issue is House Bill 397, which was drafted by Olens and received its first public hearing at the state Capitol this week. One provision in the bill would prohibit those who file lawsuits against state or local governments from using the Open Records Act to obtain records for use in court.
Bowers has successfully used open records to win a lawsuit on behalf of fired librarians. The proposed law would prevent such uses. Olens said:
“What we’re trying to do is incorporate past judicial decisions so we’re all on the same page,” Olens said. “When you’re suing the government, you should have no other advantage that you would when you’re suing a private party.”

The current Georgia sunshine law has two parts: open records and open meetings. Continue reading →

Ashley Paulk’s Greatest Hits!

No, not every intemperate outburst! We can’t be everywhere. Just the outstanding ones from the podium as chairman in County Commission meetings.

Ashley Paulk is code enforcement

Citizens were opposing a rezoning on Old Pine Road, 8 June 2010. A Mr. Mulligan of Bemiss Road wanted to know who does code enforcement. Chairman Paulk responded:
You’re looking at him. Me.

I locked up some of my best friends!

While he was interrogating Dr. Noll 12 January 2011 who had the temerity to come to invite the Commission to a meeting, Ashley Paulk remarked:
“I was the sheriff sixteen years; I locked up some of my best friends; that’s the way I operate.”
This was shortly after he said: Continue reading →

Videos of entire Lowndes County Board of Education meeting of 30 August 2011

Here’s a playlist of the entire 30 August 2011 Lowndes County Board of Education meeting of 30 August 2011. As you can see, it really was almost all about approving a resolution against school consolidation. We’ve already posted that resolution and the unanimous vote.

The actual resolution is a model of such things: simple and easy to read, yet complete enough to cover the territory, and leaving no doubts as to the board’s position. Congratulations to LCBOE on that resolution!


Playlist, called meeting, Lowndes County Board of Education (LCBOE),
Valdosta, Lowndes County, Georgia, 30 August 2011.
Videos by Gretchen Quarterman and John S. Quarterman
for LAKE, the Lowndes Area Knowledge Exchange.

Let me also take a moment to thank some LCBOE staff. Continue reading →

Georgia still in the solar shade

The 20th century with its coal and oil and nuclear was more than a decade ago now. It’s time for Georgia to see the 21st sunshine.

Jerry Grillo wrote for the July 2011 Georgia Trend, Partly Sunny In Georgia: The state’s solar industry is growing steadily, but slowly, as the national industry explodes

“Georgia is shackled to the 20th century,” Peterson says. “If all I did was look at Georgia, I’d think we were doing well. But I work all over the country, and I’m not kidding when I say we’re dealing with $500-million solar projects that have no chance of coming here because of systemic problems that keep Georgia from participating in the 21st-century economy, which has renewable energy as a major component.

“It’s disgusting, considering our potential, how much opportunity is lost, how much capital investment is passed up.”

All it would take to fix this is the political will.

Maybe if the people and elected and appointed officials look at the handwriting on the wall: Continue reading →

Boston catches up with Atlanta: you can video police

Poilce are public employees, and the public has a right to video them doing their duty; so says a federal appeals court.

Pace Lattin wrote for Technorati, Federal Courts Rule it is Not Illegal to Film Police John S. Quarterman

The First Court of Appeals has reached a decision that would allow the general public to video-tape police officers while they are working. This decision comes right after several well-known public cases have come to light involving citizens being arrested for video-taping police.

This specific case in question was Simon Glik vs.The City of Boston (and several police officers), in which a teenage Simon Gilk was arrested after videotaping Boston Police abusing a homeless man. While Mr. Gilk was not interfering with the police, he was arrested on wiretapping charges.

The ACLU had sued on his behalf, even when the charges were dropped, noting that there was a growing epidemic of citizens in the United States being arrested by police for videotaping, even when documenting police brutality and abuse.

The First Court Agreed with the ACLU that this should be legal, and wrote that: “The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles [of protected First Amendment activity].

The Atlanta Police Department already avoided this problem by settling a previous case and making a policy that citizens can video police. This appeals court ruling now says anybody can, nationwide, because of the First Amendment.

Why has this become an issue lately? Continue reading →

CCA really doesn’t like community opposition, so apparently it works

Private prison company CCA, which in conjunction with ALEC promotes laws in dozens of states and nationally that lock up more people for CCA’s private profit at taxpayer expense, really doesn’t like community opposition to siting private prisons in their communities. Hm, why would CCA hate community opposition so much, unless it works?

Not quite rolling his eyes when she mentions visiting communities, CCA’s video pair disparage community opposition to private prisons on their own web page, When Corrections Meets Communities:

Question: There are Web sites and blogs that are adamantly opposed to your company and industry, and they provide negative information about you. Why?
Hm, you mean like some of the material on this blog?
Answer: CCA and all corrections companies recognize the ongoing efforts of local, loosely formed grassroots groups and national, well-funded associations that jointly oppose the establishment of partnership prisons, many for self-serving reasons. Such groups go to great lengths to attack, criticize and misrepresent the entire industry. They make false allegations and often rely on hearsay and unreliable sources. Regrettably, these biased groups often resort to misinformation and inflammatory rhetoric to turn isolated incidents into broad generalizations about the corrections industry as a whole.
Well-funded? Har! OK, not this blog. That plus we provide evidence, like Continue reading →

5.a. Legal issues —Attorney Talley and others @ VCC 25 August 2011

Council Carroll noted that council was merely voting on putting a referendum on the ballot.

Attorney Talley said he hadn’t looked at soem of the legal possibilities, and talked about several specific pairs of counties consolidating schools.

Council White asked for further clarification.

Manager Hanson used an analogy of annexation (for which he said there were at least four legal methods) to indicate that proponents could pick whichever one they liked. He said someone could choose to challenge it in court. I believe he also said council could vote against holding the referendum.

Here’s the video:


5.a. Legal issues –Attorney Talley and others @ VCC 25 August 2011
petition, education, referendum,
Regular Session, Valdosta City Council (LCC),
Valdosta, Lowndes County, Georgia, 25 August 2011.
Videos by Gretchen Quarterman for LAKE, the Lowndes Area Knowledge Exchange.

-jsq