Proximate Cause Charge

Since I mentioned in my previous post that I was going to the meeting of a committee considering a proposal to change the pattern jury charge on proximate cause, I figured I should file a quick update because I know that there may be as many as one person wondering how that turned out. Here's the proposed charge, drafted by a subcommittee, that was approved by the Bench and Bar Committee: "In order for the Plaintiff to recover, you must find that the Defendant's act [or failure to act] was the proximate cause of the Plaintiff's injuries. "Proximate cause" is a legal term. When a person's act [or failure to act] naturally and probably brings about the harm, it is the "proximate cause" of those injuries. "The "proximate cause" of an injury must be more than a remote or trivial factor. However, it does not have to be the only cause of the Plaintiff's injuries. Liability may be imposed when the Defendant's conduct played a part in bringing about the injury, even if some other forces for which the Defendant was not responsible contributed to the harm in some way." The committee also proposed replacing the term "proximate cause" with the term "legal cause" because "proximate" is not a word that most jurors know. The committee's recommendations will be sent to the Council of Superior Court Judges, which has a committee that updates the pattern charges. There was some discussion among the Bench and Bar Committee that the use of the words "injuries" and "harm" in the proposed change might make it less neutral than the current charge. Another concern was that the proposed change did not contain the phrase "unbroken by other causes," which is in the current pattern charge. But the committee ultimately decided to send the draft as written by the subcommittee to the judges' council. In case you've been wondering through all of this: "What is the current pattern charge?" it is as follows: "Proximate cause is that which, in the natural and continuous sequence, unbroken by other causes, produces an event and without which the event would not have occurred. Proximate cause is that which is nearest in the order of responsible causes, as distinguished from remote, and that which stands last in causation, not necessarily in time or place, but in causal relations." See why it needs work? The Bench and Bar Committee also decided to take a look at a change in the language of the oath of bailiffs, which is found in O.C.G.A. 15-12-140. Because this is set out in a statute, a recommendation for change would have to be made to the State Bar to take to the legislature. The current oath states: "You shall take all juries committed to your charge during the present term to the jury room or some other private and convenient place where you shall keep them without meat or drink (water excepted), unless otherwise directed by the court. You shall make no communication with them yourself nor permit anyone to communicate with them, except by leave of the court. You shall discharge all other duties which may devolve upon you as bailiff to the best of your skill and power. So help you God." The change under consideration would eliminate: "where you shall keep them without meat or drink (water excepted), unless otherwise directed by the court." Presumably that will prevent jurors from being starved during deliberations, or perhaps under a broader reading of the language, being forced into vegetarianism.

Heading Down To Savannah

I'm about to head down to Savannah for the State Bar's Annual Meeting. I'm posting the agenda below. Also on tap, a meeting of the Bench & Bar Committee, which will consider recommending an improvement to the pattern charge on proximate cause. (Doesn't get much more exciting than this!) http://www.gabar.org/committeesprogramssections/boardofgovernors/AM12.cfm STATE BAR OF GEORGIA 242nd BOARD OF GOVERNORS MEETING & 2012 ANNUAL MEMBERS’ MEETING 9:00 a.m.–12:00 noon, Friday, June 1, 2012 Westin Savannah Harbor Golf Resort & Spa Savannah, GA 1) ADMINISTRATION a) Call to Order, Ken Shigley, President 2011-2012 b) Pledge of Allegiance c) Invocation d) Recognition of Past Presidents, Judges and Special Guests, Ken Shigley e) Recognition of Retiring Executive Committee Members and Board of Governors Members, Ken Shigley James H. Bisson III, Conasauga Circuit – 8 years on Board Wayne B. Bradley, Ocmulgee Circuit – 19 years on Board Edward E. Carriere, Jr., Stone Mountain Circuit – 20 years on Board Peter J. Daughtery, Chattahoochee Circuit – 12 years on Board Viola Sellers Drew, Atlanta Circuit – 7 years on Board George C. Floyd, South Georgia Circuit – 13 years on Board Michael G. Geoffroy, Alcovy Circuit – 3 years on Board J. Alexander Johnson, Brunswick Circuit – 10 years on Board Andrew W. Jones, Cobb Circuit – 11 years on Board Charles D. Jones, Griffin Circuit – 4 years on Board Devereaux F. McClatchey, Out of State Circuit – 2 years on Board J. Robert Persons, Atlanta Circuit – 15 years on Board David C. Smith, Rome Circuit – 6 years on Board Matthew T. Smith, Northeastern Circuit – 6 years on Board S. Lester Tate III, Cherokee Circuit – 17 years on Board Joseph L. Waldrep, Chattahoochee Circuit – 22 years on Board James L. Wiggins, Oconee Circuit – 24 years on Board f) Recognition of Sponsors, Ken Shigley g) Roll Call (by signature), Patrise Perkins-Hooker, Secretary, 2011-2012 2) CONSENT AGENDA a) Minutes of the 241st Meeting of the Board of Governors, March 31, 2012 (action), Patrise Perkins-Hooker b) Future Meetings Schedule (information), Robin Clark, President Elect, 2011-2012 3) AWARDS The award recipients are listed in a separate brochure. 4) ANNUAL MEMBERS’ MEETING All active State Bar of Georgia members are invited to attend and vote in the Annual Members’ Meeting. a) Action (1) Disciplinary Rules Amendments, Paula Frederick Rule 7.2 Required Disclosures in Lawyers’ Advertisements Rule 7.3(a)(5) Prohibiting Solicitation Letters before the lawyer has confirmed service Rule 7.3 Comments 8 and 9 Selection Process for Lawyer Referral Service Rules 4-219 and 4-228 Receiverships for Lawyer Referral Service (2) Atlanta Business Court Filing Fee (Business Court Rule 1004), Mary Gill, Bill Barwick b) Informational Reports (1) Memorials, Ken Shigley (2) Investigative Panel, Chris Ray (3) Review Panel, Tony Askew (4) Formal Advisory Opinion Board, Jim Ellington c) Special Reports (1) Supreme Court of Georgia, The Honorable George H. Carley, Chief Justice, Supreme Court of Georgia (2) Court of Appeals of Georgia, The Honorable John Ellington, Chief Judge, Court of Appeals of Georgia (3) Georgia Law Department Sam Olens, Attorney General (via video) (4) Office of Governor, Ryan Teague, Executive Counsel to Governor Nathan Deal (5) Georgia Senate Judiciary Committee, Senator Bill Hamrick, Chair (6) Georgia House of Representatives Judiciary Committee, Rep. Wendell Willard, Chair House Majority Whip, Rep. Edward Lindsey (7) President’s Address, Ken Shigley, (Introduction by Lester Tate) 5) ADJOURNMENT - Board Meeting will meet again at 9:00 a.m. Saturday, June 2, 2012 STATE BAR OF GEORGIA 243rd BOARD OF GOVERNORS MEETING 9:00 a.m.–12:00 noon, Saturday, June 2, 2012 Westin Savannah Harbor Golf Resort & Spa Savannah, GA 1) ADMINISTRATION a) Call to Order, Ken Shigley, President, 2011-2012 b) Presiding, Robin Clark, President, 2012-2013 c) Pledge of Allegiance d) Invocation e) Recognition of Former Presidents, Judges and Special Guests, Robin Clark f) Welcome to New Officers and Board Members, Robin Clark g) Roll Call (by signature), Bob Kauffman, Secretary, 2012-2013 2. CONSENT AGENDA (Unanimous consent items. Any item may be moved from Consent Agenda to Action Items agenda upon request of any member of the Board of Governors) a) Approval of President’s Appointments to the State Disciplinary Boards (action) b) Approval of 2012-13 Standing, Special and Program Committees (action) c) Executive Director Election (2012-2013) (action) (1) Cliff Brashier d) Georgia Legal Services Appointments (two year terms, 6/12 to 6/14) (action) (1) Reappointments Wade W. Herring II, Savannah C. Ben Garren, Jr., Atlanta Patti A. Gorham, Atlanta Tamera M. Woodard, Atlanta (2) New Member to succeed Brad McFall, Cedartown e) 2012-2013 State Bar Election Schedule (action) f) Future Meeting Schedule (information) g) Authorization for President to Secure Blanket Position Bonds for Officers and Staff (action) h) Designation of Depositories for General Operations of State Bar of Georgia (action) i) Employment of Independent Auditing Firm to Audit Financial Records of State Bar for FY 2011 (action) j) Executive Committee Minutes (information) (1) February 16, 2012 (2) March 9, 2012 (3) April 19, 2012 3) PRESIDENT’S REMARKS 2012-13 Program, Robin Clark 4) EXECUTIVE COMMITTEE ELECTION Please keep nominations to 5 minutes. Please keep seconds to 2 minutes a) One-Year Term, 2012-2013 (1) Unexpired term of Bob Kauffman b) Two-Year Term 2012-2014 (group election) (1) Expired term of Phyllis Holmen (2) Expired term of Rita Sheffey (3) Expired term of Harvey Weitz 5) ACTION a) Treasurer’s Report (Information), Patrise Perkins-Hooker, Treasurer, 2012-2013 b) 2012–2013 State Bar Budgets (action), Patrise Perkins-Hooker (Operating Budget and Bar Center Budget), Robin Clark, Steve Laine 6) INFORMATIONAL REPORTS a) YLD, Jon Pannell, YLD President, 2012-13 b) 2013 Legislation Preview, Robin Clark, Tom Boller, Rusty Sewell, Charlie Tanksley, Jim Collins c) ABA, Allan Tanenbaum, Linda Klein d) Office of the General Counsel, Paula Frederick 7) WRITTEN REPORTS a) Fee Arbitration b) Law Practice Management c) Long Range Planning d) Military Legal Assistance e) Professionalism f) Unauthorized Practice of Law g) Transition into Law Practice h) Chief Justice’s Commission on Professionalism i) BASICS j) Sections’ Annual Reports Animal Law Section Aviation Section Bankruptcy Section Business Law Section Corporate Counsel Section Eminent Domain Section Environmental Law Section Franchise and Distribution Law Section Individual Rights Law Section Intellectual Property Law Section Judicial Section Nonprofit Law Section School and College Law Section Taxation Law Section Tort and Insurance Practice Section Workers’ Compensation Section 8) CLOSING a) Old Business, Robin Clark b) New Business, Robin Clark c) Remarks / Q&A / Comments / Suggestions d) Adjournment e) Pictures (Very Important) Immediately following the meeting, photos will be made of: (1) all new Board of Governors members (2) all returning Board of Governors members who want their photos updated (3) 2012-2013 Officers and Executive Committee