This online news website is owned and operated by Becky Watts. The Editor can be reached at 770-468-7583 or at editor(at)PikeCountyTimes(dot)com. Pike County Times is a website for citizens to keep up with local events and stay informed about Pike County government. It began on November 13, 2006 as a watchdog on county government and has turned into an online newspaper.
If you enjoy reading Pike County Times, consider buying an advertisement for your business or sending a donation to support Pike County Times. Donations can be sent to: The Pike County Times, PO Box 843, Zebulon, Georgia 30295. Click here to donate through PayPal. Thanks for supporting Pike County Times.com!
ZEBULON - After numerous Executive Sessions over the past few months, Pike County Commissioners made a motion to authorize the County Attorney to negotiate to resolve Pike County v. Loretta H. Rakestraw which was filed in Pike County Superior Court on April 14, 2010. This case will be heard before Judge Boswell in Pike County Superior Court (in the Courthouse) on November 17, 2011 at 3 p.m.
When asked about this motion, County Manager Bill Sawyer said, "It is my opinion that an agreement is forthcoming on the 17th. It has been over a year and Pike County needs to move on as well as the parties involved."
The following is from the overview written to accompany the September 14, 2011 Board of Commissioners' meeting: Pike County v. Loretta H. Rakestraw was filed in the Superior Court of Pike County on April 14, 2010. This is a Complaint for Declaratory Judgment and Injuctive Relief which stated that Loretta Rakestraw was currently serving as the Associate Judge of the Magistrate Court of Pike County, that she was appointed by former Chief Magistrate Priscilla Killingsworth, and that Judge Killingsworth resigned from office on April 8, 2010. Specifically, the lawsuit states that the Pike County Code of Ordinances states that the Assistant Magistrate ("Magistrate other than the Chief Magistrate") shall be appointed by the Chief Magistrate. This lawsuit also cites state law (OCGA 15-10-20(d)) which says, "Magistrates other than the chief magistrate shall be appointed by the chief magistrate with the consent of the judges of superior court. The tuerm of a magistrate so appointed shall run concurrently with the term of the chief magistrate by whom he was appointed." The question, according to this lawsuit, "is whether the legal authority of the Associate Magistrate continues after the resignation of the Chief Magistrate who appointed the Associate Magistrate, particularly in the view of the provision that the term of the Associate Magistrate "shall run concurrently with the term of the chief magistrate by who (s)he was appointed."" The county asks for a Declaratory Judgement on the matter of "the uncertainty of the magistrate's authority after the resignation of the Chief Magistrate who appointed the magistrate" and waives any request for a jury trial. The county also asks for an injunction against Judge Rakestraw from using judicial authority as an Associate Magistrate until there is direction from the court in this matter.
There is still one unresolved case against the county which ties directly to this case. Marcia Callaway-Ingram v. Pike County Georgia was filed on August 1, 2011. The following is also from the September 14, 2011 BOC Meeting.
Marcia Callaway-Ingram v. Pike County Georgia (also naming the County Manager and each Commissioner individually) is a Writ of Mandamus that was filed on August 1, 2011. She seeks a Writ of Mandamus requiring the Board of Commissioners pay her the salary that was set at the outset of the 2009-2012 term as required in OCGA 15-10-23(d), require the county to hire a full-time Associate Magistrate Judge as there was prior to the her appointment in office, give a permanent injuction for the County, the BOC, and County Manager Bill Sawyer from "interfering with the effective operation of the Magistrate Court" including the prevention of job applications from reaching her office for a vacant position, and also seeks back pay with interest and attorney's fees. Her lawsuit is based on the Georgia Constitution at Article 6, Section 7, Paragraph 5 which states, "An incumbent [judge]'s salary, allowance, or supplement shall not be decreased during the incumbent's term of office." The lawsuit cites two lawsuits which directly address her complaints. Lee v. Peach County Bd. of Comm'rs (1998) in which the Supreme Court ruled that a chief magistrate appointed to fill an unexpired term of office was entitled to a writ of mandamus to compensate him at the rate in effect at the time of his employment. Poppell v. Gault (2004) in which a ruling was made that county government cannot reduce the compensation to one appointed to fill the unexpired term of chief magistrate after the appointment. The lawsuit cites Dudley v. Rowland (1999) as evidence of a prohibition against the reduction of a full-time magistrate position to part-time in the middle of a chief magistrate's term. The lawsuit also asks for a writ of mandamus to fund the Associate Magistrate position on a full-time basis at the salary set at the beginning of the 2009-2012 term of office. She asks for a Permanent Injunction against Pike County, the County Manager, and individual and the group of County Commissioners to prevent the interference of the county with personnel in Magistrate Court according to Article 9, Section II, Paragraph I(c) of the state constitution because it "violates the role reserved exclusively to the Judicial Branch" according to OCGA 15-10-20.