GAPPS’ Sixth Annual Conference, on March 24, 2018 at the Manual Maloof Auditorium in Decatur was highly successful. In addition to the conference meeting during which the membership adopted a new set of amended bylaws, the membership got to discuss a substantial number of appellate decisions affecting “due diligence” in so far as it affects service by publication; cases discussing whether process servers, by their actions could be found to be agents of their attorney clients; and, a recent Georgia Supreme Court case reversing 40 years of case law in the area of trespass.
In addition to the case law, guest speakers Ryan Dunlap and Jane Holmes presented excellent discussions on tactful communication and “Situational Awareness”. During the barbeque luncheon GAPPS members get to renew acquaintances with other servers around the State. Certified Process Servers fulfilled their annual 5-hour CE requirement and those who are also private investigators received 5 hours towards their CE requirements.
Everyone was in agreement that the experience was valuable and one that could not be duplicated on line.
By now, all of you are aware of the Supreme Court’s Decision in which the Court found that the sheriffs have complete authority to prohibit certified process servers from serving process in their respective counties as certified process servers. The Court specifically found that their decision does not affect those with “Permanent” and “Special” Appointments from the courts. Sheriffs have no authority over those with such appointments. The Court did not address the issue of when a certified process server is serving papers in a county other than the county for which the papers have been filed. The Court’s Decision does not affect the service of papers from other states. As certified process servers we may continue to serve out-of-state papers. Nor does it affect service of subpoenas. So, the question is where do we go from here. I have been in contact with our attorneys for their suggestions. I have also requested a meeting with House Judiciary Chairman Wendell Willard to discuss the matter. There are other ideas that we are considering, and I am sure that our members have ideas. It is crucial that we come up with a plan of action that will be supported by the membership.
I am therefore calling a Special Meeting of the membership for the purpose of designing a plan of action in response to the Supreme Court Decision.
WHEN: NOVEMBER 4, 2017 AT 4:00 P.M.
WHERE: MANUEL MALOOF AUDITORIUM 1300 COMMERCE DRIVE, DECATUR, GA
The topics for discussion will be actions to be taken in light of the Supreme Court Decision; The entry of another provider of pre-certification classes and its effect on GAPPS; the Board’s schism; and, other matters as raised by the membership. Please confirm your attendance as refreshments will be provided.
This shall also constitute notice that, pursuant to Article VIII of the Association’s Bylaws, a Board of Directors Meeting shall be conducted at the same time and location. All members and non-members who are certified process servers are invited.
Please see Fulton County Daily Report two-page article covering our oral argument before the Supreme Court. Go to http://dailyreportonline.com and click on “Justices Mull Sheriffs’ ‘Conspiracy’ to Ban Private Process Servers.