VI, Sec. This is an appeal from the superior court's denial of a petition for writ of mandamus seeking to order a state court judge to appoint permanent process servers pursuant to OCGA § 9-11-4(c). VII, Par. "The only evidence was what they had against each other," Garrett's attorney Herbert Adams Jr. told the AJC Tuesday. In June of 2013, Cowen was elected President of the Council of State Court Judges. Committee to re-elect Judge Linda S. Cowen, Judge State Court, Clayton County Subscribe to Justia's Free Summaries In 2007, Judge Cowen created the Clayton County State Court DUI/Drug Treatment Court for multiple DUI offenders. Linda S. Cowen is a state court judge for Clayton County, Georgia. Judge Linda Sharpe Cowen, J.D., B.B.A. In Re Denhardt, 231 Ga.App. Barber Fertilizer Co. v. Chason, 265 Ga. 497, 458 S.E.2d 631 (1995). Both filed motions in the State Court of Clayton County requesting appointment as permanent process servers. Address. She has served as a Judge, State Court in Clayton County since being appointed by Governor Zell Miller in 1995. Judge Cowen's refusal to make the appointments was a judicial act. 9151 Tara Jonesboro, GA 30236. This they fail to do. OCGA § 9-11-4(c) provides a trial court with the authority as well as the discretion to appoint disinterested persons, who are citizens of the United States and at least 18 years of age, as permanent process servers. Linda Sharpe Cowen has been a judge of the Clayton County State Court for more than 24 years. External links. Vote for Judge Cowen on May 19th because experience counts! Vargas v. Morris, 266 Ga. 141(1), 465 S.E.2d 275 (1996). Tamaroff and Maggard operate companies which provide services to attorneys throughout the country, including private process serving. Tamaroff and Maggard then petitioned the superior court to issue a writ of mandamus directing Judge Cowen to appoint them as permanent process servers. Donald M. Comer II, Jonesboro, Jack R. Hancock, Forest Park, for appellee. Both filed motions in the State Court of Clayton County requesting appointment as permanent process servers. The state court was well within its authority to require evidence of character and ability before giving the parties official sanction to serve process in cases before the court. Linda Sharpe Cowen has been married for almost 30 years to Martin, III, and has two children: Martin, IV and Alexander. Phone (770) 477-3392. Official website of Clayton County: Judge Cowen profile of 1983, Art. Clayton County State Court Chief Judge Linda Cowen barely hung onto her seat, edging out Forest Park Solicitor Leslie Miller-Terry with 50.4% of … Judge Cowen found that it was a matter of judicial discretion whether to appoint any person a permanent process server, that the court was concerned about appointing individuals to perform an official function without having more information about the persons' abilities and trustworthiness, and that Tamaroff and Maggard had failed to persuade the court to make the appointments. External links. Member Comments… Post a Comment. of Supreme Court of Georgia opinions. Clayton State Court Judge Linda Cowen threw out the case against District 7 representative Trinia Garrett on Tuesday after Garrett's live-in boyfriend refused to testify against her. Judge Cowen grew up in Clayton County, and she and her husband have raised their two sons here. Id. Committee to re-elect Judge Linda S. Cowen, Judge State Court, Clayton County It does not issue to direct a public official to do a discretionary act unless such discretion has been grossly abused. Clayton County - State Court Judges- Judge Linda S Cowen (Courthouse near Dog River Reservoir) ... Clayton County - State Court Judges- Jud... Edit (Courthouse near Dog River Reservoir) Add Photo. Clayton County State Court Chief Judge John Carbo, who presented the award Oct. 16, said Cowen is a “true asset” to the bench and her profession. What is more, mandamus provides extraordinary relief to compel the performance of an official duty. After conducting a hearing at which Tamaroff and Maggard presented evidence that each was over the age of 18, was a United States citizen, was employed or in business, and had been previously appointed to serve process in various courts, state court judge Linda *160 S. Cowen denied the motions. County. Longitude-84.31780. Mandamus is available in the circumstance where there is no other specific legal remedy; when there is a right of judicial review of the act of a judicial officer, the remedy of mandamus is not available to require that the judicial officer perform differently the judicial function at issue. 33.52030. 3 talking about this. 3 talking about this. Latitude . [1] OCGA § 9-11-4(c) provides in relevant part that "[p]rocess shall be served by the sheriff of the county where the action is brought or where the defendant is found ... or by any citizen of the United States specially appointed by the court for that purpose or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought.". Eligible Charges reduced to $50.00 plus surcharges. Clayton County Offers Reduction in Traffic Violation Fines.
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