Probate Judge Election

[blue ridge city voter]

While visiting the annual "Arts in the Park", yesterday we ran into Scott Kiker. Scott happens to be running for Probate Judge for Fannin County, & I have to say that we were all very impressed with his reasons for running. He is local & already a practicing attorney. IMHO ony, he is the only one qualified to serve in this position. I realize that as of yet, an attorney is not required, but why not have someone who already has the knowledge? We have the chance to be ahead of the curve on this one & I hope to see others that feel the same way.

[Fannin Mom]

I'm tired of talking and hearing about politics and people sucking up to Kiker just go vote!!!! Ugh! Talk about a new refreshing topic, let people do what they want..

[Local observer]

blue ridge city voter wrote:

While visiting the annual "Arts in the Park", yesterday we ran into Scott Kiker. Scott happens to be running for Probate Judge for Fannin County, & I have to say that we were all very impressed with his reasons for running. He is local & already a practicing attorney. IMHO ony, he is the only one qualified to serve in this position. I realize that as of yet, an attorney is not required, but why not have someone who already has the knowledge? We have the chance to be ahead of the curve on this one & I hope to see others that feel the same way.

Did you happen to ask him how he plans on continuing as a "practicing attorney" & doing the job that he is running for? I personally just don't think you can do both of those at the same time! On the other hand, I personally can't understand why Ms. Doss, our Co attorney, FCBOE attorney, city of McCayesville attorney... Is allowed to be compensated the amount she is by FC taxpayers & continus w/a private practice! I personally believe there are some huge conflicts of interest by doing that!

[blue ridge city voter]

yes, I asked him how was he going to manage the"rumors" and I was satified with his answer. If you have the nerve call and ask for yourself. Otherwise, what makes you think that people cannot handle two jobs? Several of our local attorney's work 2 jobs, as long as they are competent why does it bother you so? Do you really think that all the other people running are going to quit their first jobs? Frankly, as long as they are doing their job why do you have a problem with it? Many do not have to work 2 jobs, others do.

[no deal]

He needs to choose one or the other. Be dedicated to one!! My opinion, not fair to do both. And want be fair to his clients either. Attorneys are already hard enough to get in touch with! I would wonder if I was a client who I would be paying to represent me in court and how prepared he would be. He can say all day long, me me me but you might not know till its $3000 spent wasted and lost case in court. I'm not voting that way and taking a chance. I think this town needs one dedicated person to one job!!!

[Local observer]

blue ridge city voter wrote:

yes, I asked him how was he going to manage the"rumors" and I was satified with his answer. If you have the nerve call and ask for yourself. Otherwise, what makes you think that people cannot handle two jobs? Several of our local attorney's work 2 jobs, as long as they are competent why does it bother you so? Do you really think that all the other people running are going to quit their first jobs? Frankly, as long as they are doing their job why do you have a problem with it? Many do not have to work 2 jobs, others do.

I'm not sure what "rumors" you are talking about. Unless of course the part where he has made it clear that he was going to continue practicing law & be Probate Judge. You seem to be "satisfied" with his answer, so I was just curious as to what his response is! Good grief..it shouldn't take "nerve" to call and ask him & since you seem to be so defensive of his decision & won't give the answer, then I will just go by & see him, I like to look someone in the eye when I am speaking w/them..you can usually tell if they are being honest or not!

Tell me 1 elected official , whose salary is paid by the taxpayers who they were elected to represent, who kept their "other job"? EXACTLY...there are none!! When your salary is being paid by the taxpayers, then you were basically "hired" to do a job for the ones who are paying your salary!! You're trying to tell me that if Johnny Scearcy is elected & "hired" by the voters to do a job, that you wouldn't have a problem with him keeping his "other" job as Chief at BRPD??? There woul be NO way he could do both, there would be a huge conflict of interest!! Clerk of Court doesn't have another job, Mrs. Weaver, the tax commissioner, Mr. Newton...I could go on & on! Even the Probate Judge who is retiring doesn't have another job & never has!!! When a person makes the decision to run for public office & have their salary paid by the taxpayers, then that position should be their only job, period!

I also have another concern about his background as well, but I will ask him about that too. There is no requirement for the Probate Judge to have any legal background. As a matter of fact, there have been suits where a Probate Judge has crossed the line into giving "legal" advice, that they are not qualified to do. Mr. Kiker is more than qualified to give "legal" advice since he is an attorney, but is that a conflict of interest if he isn't representing that client & gives his legal opinion? And if he is representing or has represented someone in the past, is there a conflict in his ruling or presiding over as "judge", a case that comes through that office? Also, is it a breach of his fiduciary responsibility to give his legal advice to 2 separate parties if there is a dispute?

I have researched these questions and can't find a clear answer, but I for one want to know the answers & every voter should know the answers to these prior to electing someone who is over qualified for this particular position!! There is a reason that the state has set up separate guidelines based on population. In counties that exceed 96K in population, then you have to be an attorney I even qualify for this position & I can understand that b/c the duties are TOTALLY different for more populated counties.

So please don't get defensive & think that I don't have the "nerve" to ask these things of Scott, b/c I do, but other voters need to know as well!!

[Local observer]

The Probate Judge is required by law to remain impartial to   all parties. The Judge must treat every case as though it may become contested.   Therefore, the Judge also may not advise you on which proceeding is most appropriate   to your case. The Judge is prohibited from discussing the facts or evidence   in any contested case with a party unless all parties are present. You should   not ask to discuss your case privately with the Judge, and you should understand   if the Judge stops any discussion which appears to require the presence of   others.

I found the answers to my question!!! Here is a great resource: http://www.carrollcountyga.com/pages/probate_...

Please do your homework people!!

[Aba]

I like the idea of having someone with a law degree in that office. Attorneys all over the country hold down two jobs some do it well some don't. After talking with Scott I think he is capable of doing justice to both.

[Voter]

I have asked Kiker if he plans on continuing his law practice and being Probate judge at same time. His answer is NO. He will be a full time judge. So the choice is obvious that he is the person I will be voting for.

[Aware and Concerned]

I'd much rather have a smart person who is able to learn that position in there than an attorney - that's one place I don't think they belong seeing what that kind of court handles. Not all of them, but some of them have a way of twisting the law so that it doesn't protect people the way it was intended to. I'm told he practices criminal law and bankruptcy-that speaks volumes. We have too many clever attorneys in government positions-enough said. So he says he won't practice law-hae you asked him if he is he going to close his practice? Is there an attorney there who will take over and who is it? How do we know he won't still be involved? I foresee a conflict...

[My Opinion]

My opinion is only one but I would guess that there are lots more out there who may think the same as I do... I believe that if you put an attorney in the position of Probate Judge you are defeating the purpose of that court... I understand that we live in a entirely different world from when that office was created but I also understand that if an Attorney was to be elected it would not be ran for the people... What attorney do any of you know that does something for nothing? At least the 2 ladies that are running are honest hard working mothers that care about their community... It isn't like this position will be paying a ton of money. I looked the starting pay and it is a little less than $55,000.00. You can actually google it if anyone is interested.

[Elderly Gentleman]

Voter wrote:

I have asked Kiker if he plans on continuing his law practice and being Probate judge at same time. His answer is NO. He will be a full time judge. So the choice is obvious that he is the person I will be voting for.

An attorney who is willing to work full time as Probate Judge for a starting pay of $55,000 per year sure can't be much! Most attorneys (even in Fannin County) earn at least twice that amount in private practice. Makes me wonder why Kiker is seeking the job. Surely things can't be all bad. Or are they?

[Local observer]

Elderly Gentleman wrote:

<quoted text>
An attorney who is willing to work full time as Probate Judge for a starting pay of $55,000 per year sure can't be much! Most attorneys (even in Fannin County) earn at least twice that amount in private practice. Makes me wonder why Kiker is seeking the job. Surely things can't be all bad. Or are they?

EXACTLY the same thing that I would like to know & other citizens need/should know before casting their vote!

I did find his interview w/Fetch Your News & he did say that he was going to be "full" time : http://fannin.fetchyournews.com/archives/2307...

I would like to know why he would take a cut in pay( assuming google stats are accurate) to become a servant to the voters. I had heard that he needed this position in order to be appointed by Mr. Deal to a "higher" position. I don't even have a problem with that as long as he doesn't just do it for a year or two & then cost the taxpayers more money for a special election to fill that position when(if) he is appointed on the state level!! I would like to be told the truth & I would like to know if he is planning on staying in that position for at least 4yrs?

[Voter]

Why in the world would someone want to have a realtor or a lady that works in an exterminator's office as a Probate Judge??? How long would the learning curve take for them to come up to speed on the law. This should not be on the job training!!!!! We need an attorney in this position!!! Please think this through before you go to the polls.

[Georgia]

Voter wrote:

Why in the world would someone want to have a realtor or a lady that works in an exterminator's office as a Probate Judge??? How long would the learning curve take for them to come up to speed on the law. This should not be on the job training!!!!! We need an attorney in this position!!! Please think this through before you go to the polls.

It wouldn't take them any longer to learn the position that it would for Kiker to learn it... Attorney or not the position as Probate Judge is totally different from what Kiker has ever had experience in and anyone that is elected will have to get hours in School before they will be able to perform as well as Linda Davis has performed over the years. So even though Kiker has a law degree doesn't automatically make him perfect for the job or even more qualified... Actually I think that it makes him less qualified because the people that have to see the the person in the "Office of the Ordinary" now known as Probate don't want to listen to a bunch of legal ease and whooo haaaa! They want a person that will be compassionate and understand their needs on a level that only an "ordinary" just like themselves can understand and someone who will want to talk above them because of a degree earned... and I wonder would Kiker be running if it was still called the Office of the Ordinary paying only $55,000.00 dollars... Probably not! unless there was a promise of other prospects down the road which would leave Fannin County high and dry! so which ever way you slice it Kiker is not the best candidate for this job in my opinion.

[Local observer]

Georgia wrote:

<quoted text>
It wouldn't take them any longer to learn the position that it would for Kiker to learn it... Attorney or not the position as Probate Judge is totally different from what Kiker has ever had experience in and anyone that is elected will have to get hours in School before they will be able to perform as well as Linda Davis has performed over the years. So even though Kiker has a law degree doesn't automatically make him perfect for the job or even more qualified... Actually I think that it makes him less qualified because the people that have to see the the person in the "Office of the Ordinary" now known as Probate don't want to listen to a bunch of legal ease and whooo haaaa! They want a person that will be compassionate and understand their needs on a level that only an "ordinary" just like themselves can understand and someone who will want to talk above them because of a degree earned... and I wonder would Kiker be running if it was still called the Office of the Ordinary paying only $55,000.00 dollars... Probably not! unless there was a promise of other prospects down the road which would leave Fannin County high and dry! so which ever way you slice it Kiker is not the best candidate for this job in my opinion.

AMEN!!! I agree 100%....

[Barney]

There will always be rumors regarding candidates. Everyone has the right to their own opinion, however if he wants to be the probate judge & is willing to do what he says(and I believe him); then by all means I will vote for him.

[Blue Ridge Lady]

Georgia I'm sorry but I don't agree with you. It would take them much longer to learn the position than it would someone that has been to law school. Yes, I'm sure there are things about being a Probate Judge that Kiker wouldn't know. But there is much more about the law that the ladies would have to learn. What do the people of Fannin county do while they are getting their "education"?

[Local observer]

Blue Ridge Lady wrote:

Georgia I'm sorry but I don't agree with you. It would take them much longer to learn the position than it would someone that has been to law school. Yes, I'm sure there are things about being a Probate Judge that Kiker wouldn't know. But there is much more about the law that the ladies would have to learn. What do the people of Fannin county do while they are getting their "education"?

They have already been doing research & talking w/ other probate judges & offices in our surrounding counties.... Guess what?? Not a one of those judges have a law degree!!

[Local observer]

Blue Ridge Lady wrote:

Georgia I'm sorry but I don't agree with you. It would take them much longer to learn the position than it would someone that has been to law school. Yes, I'm sure there are things about being a Probate Judge that Kiker wouldn't know. But there is much more about the law that the ladies would have to learn. What do the people of Fannin county do while they are getting their "education"?

In all counties having a population less than 96,000, there is no requirement   that the probate judge be an attorney, and most probate judges now serving   in Georgia are non-lawyers. Appeals from the non-Article 6 probate courts   are taken to the superior court of the county for a completely new (de novo)   trial.
Newly elected probate judges are required to attend a New Judges’ Orientation   Program conducted by the Institute for Continuing Judicial Education in Georgia  (I.C.J.E.). All probate judges are required to obtain not less than 12 hours   of continuing judicial education each calendar year while serving in the office.   The Probate Judges Training Council, created in 1982, coordinates the educational   programs for probate judges with the I.C.J.E.
Each probate judge is also a member of the Council of Probate Court Judges   of Georgia, created in 1988 to further the improvement of the probate courts   and the administration of justice. The Council receives assistance in the   performance of its duties from the Administrative Office of the Courts. The   Handbook for Probate Judges of Georgia and Georgia Probate Court Benchbook,   authored by probate judges, are published by the Council.

The "learning curve" Is the SAME for anyone elected....attorney or not!! Please ask yourself: WHY AN ATTORNEY WOULD WANT THIS POSITION????