July 2014

Admission to practice law in another state may fulfill the Georgia Constitution’s requirement that potential judges “shall have been admitted to practice law for seven years.”

Elections

The Georgia Constitution provides that “[a]ppellate and superior court judges shall have been admitted to practice law for seven years.” Secretary of State Brian Kemp challenged Ms. Adrienne Hunter-Strother\’s candidacy for the Georgia Court of Appeals asserting that the valid date for determination of her eligibility was the date of her admission to practice law […]

Admission to practice law in another state may fulfill the Georgia Constitution’s requirement that potential judges “shall have been admitted to practice law for seven years.” Read More

Senate candidate established residency by demonstrating physical presence in the district and intent to remain.

Elections

The Georgia Constitution requires candidates for State Senate to have been legal residents of the district in which they are running for at least one year preceding the date of the election.  In December 2011, Matthew Laughridge, a Republican candidate for State Senate District Fourteen, established legal residency in that district by demonstrating physical presence

Senate candidate established residency by demonstrating physical presence in the district and intent to remain. Read More

President Barack Obama eligible for candidacy in the 2012 Presidential Election.

Elections

Plaintiffs alleged that President Barack Obama was not a \”natural born citizen\” of the United States as required by Article II of the United States Constitution and was therefore ineligible to run for the office of President of the United States.  Plaintiffs produced no competent evidence to support their assertion that President Obama was not

President Barack Obama eligible for candidacy in the 2012 Presidential Election. Read More

School district ordered to reimburse the cost of behavior evaluations.

Special Education

A school district’s Functional Behavioral Assessment (FBA) was deemed inappropriate because the data collection did not provide reliable conclusions as to the functions of the Petitioner’s serious and problematic behaviors. Additionally, the school district erred in failing to perform a Functional Analysis (FA), which was necessary to identify the functions of the student’s violent and

School district ordered to reimburse the cost of behavior evaluations. Read More

Viewpoint one: Constitutionality of roadblock is outside the scope of Administrative License Suspension hearing.

DUI

Sankeralli v. the Department of Drivers’ Services, Judge Schroer held that the constitutionality of the roadblock that lead to the driver’s arrest for driving under the influence (DUI) is outside the scope of an Administrative License Suspension hearing, because the exclusionary rule, the remedy for unconstitutional searches and seizures, does not apply in an administrative

Viewpoint one: Constitutionality of roadblock is outside the scope of Administrative License Suspension hearing. Read More

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