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HOUSTON HOME JOURNAL Decision chips away at imbalanced sex offender law Dear Readers, I have written before about the severe restric tions the Georgia Legislature has made on convicted sex offenders. Recently, some of this “mess” was exposed by the Georgia Supreme Court, in an unani- jrsnik as*." : JP5i Jim Rockefeller The “Law” man mous opinion, striking down, in part, the sex offender pro visions. In Mann vs. Department of Georgia Corrections, the Court was asked to resolve potential tension between the sth Amendment’s con stitutional “takings’ clause” Is a mentor right for you? My introductory article last week on mentoring evoked some strong comments from a reader regarding her lost opportu nity. “For a decade, I resisted finding a mentor because of my ambiv ale n c e about what I wanted out of my Dennis Hooper Leaders Building Leaders career. I deprived myself of some clarity about what was important to me. Opening myself to another’s perspec tive could have helped with that.” This individual lost the benefits that a mentor might have provided during those ten years. Her organization, a highly recognized builder of future leaders, encour aged individuals with her potential to avail themselves LETTER From page 4A should it matter to me if a Superior Court judge is paid less than an entry-level asso ciate, fresh out of law school, at a big Atlanta firm? How does it affect me if a Georgia attorney with less than 10 years’ experience is paid $20,000 more than a justice on our State Supreme Court? The simple answer is as valid in public service as it is in the business world: you get what you pay for. For more than 200 years, the constitutional rights of all Americans have been pro tected by our courts. A strong, highly qualified and indepen dent judicial branch of gov ernment is critical to continu ing this legacy bestowed on us by the Founding Fathers. Only by attracting and retain ing the “best and brightest” legal minds to preside over our courts can we ensure the fair and impartial administra tion of justice and protection of our liberties. And that matters greatly to all of us. While Roberts was writing from a national perspective, the situation in Georgia is even more seri LETTER 1 From page 4A were expressing their moral value. All law, like it or not, is based on someone’s moral code. I am amazed that there are people so interested in see ing through the Sunday sale of alcohol. Abuse of alcohol kills more people than can cer, heart disease or AIDS. The number of people killed or maimed by drivers under the influence of alcohol is staggering. Still, we demand the will of the people be expressed at the polls on the question. Now, think about it. Did you get to vote as to whether prostitution should be legal? Did you get to vote as to whether the use of marijuana and sex offender residency restrictions. It did so by striking down this portion of the sex offender prohibitions for violating this clause. Most of us think of the sth Amendment in a criminal context, such as “Miranda warnings.” However, the last “clause” of our sth Amendment deals with prop erty rights. It reads as follows, no person shall “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Mann alleged that his “due process” and “property rights” were violated by the sex offender restrictions. Mann had unsuccessfully previously challenged these restrictions, arguing that he had a sth Amendment of such an opportunity. As you evaluate a potential mentoring relationship, con sider the benefits it might bring. First, it represents a low-threat learning oppor tunity. Rather than relying on trial-and-error for your growth, you’ll have an expe rienced individual to offer suggestions and provide per spective on your ideas. Having someone to patiently support you as you role-play various options will build your confidence. Sure, you’ll receive some very frank feedback, but you’ll make adjustments to your approach and style before you actually perform the actions on the job. We all need someone who is willing to listen and offer assurance. How terrific when that person isn’t just a friend, but is someone who has experienced what you are attempting, able to help you imagine effects that you had not considered. With that guidance, you can avoid ous. In 2005, the State Bar of Georgia appointed a blue-rib bon Commission on Judicial Service primarily to exam ine this issue. Its members included lawyers, legislators, business leaders and acade micians. During the next two years, they uncovered alarm ing evidence that Georgia’s judges are terribly underpaid by comparison to other law yers with similar experience and expertise, and the gap is widening every year. The Commission on Judicial Service recommended a 20 percent increase in salary for Superior Court and State Court of Appeals judges and State Supreme Court justices. During the 2007 session of the General Assembly, the House of Representatives passed a reduced version of this pro posal, but it was not acted on by the state Senate. There should be no argu ment that Georgia’s judges - at the local, circuit and state levels - are underpaid. As Roberts acknowledged, the top-performing lawyers in the private sector will always make more money than they would on the bench. However, there is now empir ical evidence that Georgia’s should be legal? No. Well, why aren’t you screaming to get to vote on those ques tions? Let’s be honest. Warner Robins restaurant owners aren’t losing business to Macon because they can’t sell alcohol on Sunday. Drive by their restaurants on Sunday afternoon and you will typically see lines of peo ple waiting to get in for lunch and dinner. Typically, their Sunday cus tomers are the after church service crowd. Now, if those church goers would adhere to the requirement of the fourth commandment and not engage in commercial enterprise on the Sabbath or the Lord’s Day the restaurant owners would have a real beef. That’s because they prob property interest in living at his parents’ house. His latest challenge came about, after losing that prior law suit, when he and his wife purchased a home and an interest in a restaurant. In both instances, child care facilities were opened nearby after his purchases were finalized, placing his business and home within the prohibited 1,000 feet of a daycare, school, church, bus stop, or area where children regularly congregate. The Court unanimously struck down this prohibition, to the extent that it applies to someone who purchases a primary residence that is “legal” at the time of the purchase, but becomes “ille gal” after the purchase. Although this is a fairly narrow reading of the stat possible stumbling blocks, and you will correct prob lems before they become sig nificant. We rarely stretch beyond our comfort zones on our own, but a mentor will chal lenge you to put your abili ties to the test. You’ll develop business expertise and tech nical knowledge that you might have overlooked. Your mentor likely will provide access to additional resourc es, including people who would not otherwise give you their time and attention. All of that may sound great to you. But as my read er shared in our dialogue, “There is a level of commit ment required to enter into a relationship with a men tor.” You should evaluate your own characteristics to determine whether a mentor would be interested in sup porting you. Are you committed to expanding your perspec tives and your capabilities, or are you really looking for judges are terribly underpaid, with the situation continuing to worsen. To prevent weak ening our courts in the future and the further erosion of pub lic confidence in our justice system, judicial compensation must at least be competitive with opportunities that exist in private law firms and law school classrooms. When our best judges cannot afford to provide for their families and send their children to college, they cannot afford public ser vice. And we cannot afford for that to happen. As you can tell from the signatures below, this is NOT a Republican vs. Democrat, or business vs. lawyer issue. It is a Georgia issue, and we Georgians have to act. As the ’ 2008 session approaches, we strongly urge our legislators to pass, and Governor Perdue to sign, the original version of House Bill 119. - Gerald Edenfield, President, State Bar of Georgia - Larry Walker, Former Georgia House Majority Leader, Chairman, Commission on Judicial Service - George Israel 111, President, Georgia ably would have to close on Sundays due to lack of busi ness. For those who favor Sunday sales, I have a fix for you. Vote out of office those coun cil members that voted not to give you the right you feel so vital to your future. Here’s another fix for you. Why not start showing up at council meetings on a regular basis and state your opin ion? Heck, you just might change some council mem bers’ minds. I have one last hint for you. Try to respect the opin ions of others with whom you disagree and even though it may take all the effort you can muster don’t lower your self to name calling. - David E. Wittenberg, Kathleen OPINION ute, it may portent subse quent successful legal chal lenges chipping away at the sex offender provisions. The problem with the sce nario presented by Mann, or anyone else who legally owns a home, is that a private citi zen could open up a daycare next door to an offender with the expressed purpose of forcing an involuntary move. This, the Court said, was an unconstitutional delegation of the “taking” power to a citizen, without recourse to some type of due process. The mere fact of the open ing of the daycare (or a school, park, church, or other facil ity) acted to unconstitution ally dispossess the owner of a significant property interest. Some might not care about this result and believe the Court overstepped its author a short-term “free ride”? Are you genuinely open to considering new ideas, new ways of learning, and taking on growthful. assignments? Are you willing to be held accountable for commit ments that you accept? Are you able to receive feedback and act upon it? Do you have a sense of personal respon sibility and a willingness to apply your learnings for the benefit of your business and your colleagues? The biggest commitment is likely to be your respect for your mentor, including a willingness to regularly meet, use the time together effectively, and bring relevant agenda items to stimulate dialogue. Your mentor will likely not share confidential information with you, but he or she will expect you to be discrete about your relation ship and your conversations. Healthy mentoring rela tionships are rare. That’s because in any alliance, both parties have to remain sen sitive to the health of the relationship. Think of what the men tor has to gain from his or Chamber of Commerce - Randy Evans, General Counsel, Georgia Republican Party - Sam Nunn, Former U.S. Senator Just In Time For -a / LEAGUE HAMPIONS iRT PRINT You can own one of only Limited BWon |,iit d) "On To, ol Ihc tetertd’ 16” x 20” Print Artwork by Gary McDuffie Prints will also be available starting Monday at Ibalz Consulting office located at 124 Byrd Way (off Osigian Blvd.) Monday through Friday 9AM until SPM - For Info call 333-3536 . ... ..... s •• ....-/*vav..-Xw.'.‘.v.-avav/.va->.v.../av.a A.’/.\v.wav..wJ To See Print in Color go to www.wrall.org SATURDAY, DECEMBER 8, 2007 ity. However, let me tell you a story of a client. He was convicted over 10 years ago of False Imprisonment. He caused no physical harm to anyone and his conviction had nothing to do with any sexual offense. The victims were his step-children in a dispute with his now ex-wife. He had a gun with him when he committed this offense. Under our current sex offender statute, he is incon gruously classified as a sex offender (he was not classi fied as such at the time of his conviction) AND he can NEVER get out from under this classification. With the revisions in the law, he was faced with the prospect of losing his job. Wouldn’t it have been nice if someone, like my client, had the opportunity to approach her involvement with you. Beyond helping a younger individual develop aware ness and skills, there are few benefits to the mentor. Next week, we’ll look at the potential pitfalls of mentoring and how to pre vent them. And we’ll look beneath the surface at some additional benefits to men tors. Frankly, I believe serv ing as a mentor is one of the greatest services a leader can provide! Dennis Hooper guides leaders as they build orga nizations of excellence. He Assessing Your Leadership Skills -SBS/person- ' I Dinakara B. Shetty, M.D. “Where Care Is Continuous & You Will LOVE The Way We Care" Heart Disease, Senior Care, Cancer, Stroke Prevention, Cholesterol Management. Arthritis, Diabetes, Blood Pressure, Obesity, physical, Lung Disease, Minor Surgery, Inhouse Labs, HA JB Stress Tests, Ultrasound, X-Ray, EKG, M D 1719 McNeal Center • Russell Pkwy • BuMing 700£ Warner Robins, GA« 328-0806 £ a judge, prosecutor, or some other entity/individual for some relief from the oner ous sex offender provisions? Well, the law provides for no exceptions and no appeals. So, blame the Court’s deci sion in Mann not on the jus tices, blame it on a legisla ture that failed to fully com prehend the reach of such a permanently punitive law. Local attorney Jim Rockefeller owns the Rockefeller Law Center and is a former Houston County Chief Assistant District Attorney, and a former Miami Prosecutor. E-mail confidential legal questions to ajr@rockefellerlawcenter. com. Visit www.rockefeller lawcenter.com for Frequently Asked Questions and Jim’s blog, The Rockefeller Report. was certified as a personal coach five years ago. Contact Dennis at 478-988-0237 or dhooper2@juno.com. POKSOTUS! Get Yours At FLewis FarmsF . Nursery , Three Sees \\ailtihle in ' yl 'Red, White <£• Pink Call Tim Lewis at 478-954-1507 - Delivery Available On Large Orders - F. Dennis Hooper Certified Leadership Development Coach Building leaders and organizations of excellence oc rr. en (478) 988-0237 dhooper2@juno.com'' 1 5A