IN THE SUPERIOR COURT FOR THE COUNTY OF COBB STATE OF GEORGIA TAFFY RICE AND ANDY RICE, ) ) PETITIONERS, ) CIVIL ACTION FILE ) vs. ) NO. 06-1-6193-05 ) EARL EHRHART, JOHN WILES, ) COBB COUNTY BOARD OF ELECTIONS,) and CATHY COX, SECRETARY OF ) STATE, ) RESPONDENTS. ) - - - Proceedings before THE HONORABLE JERE WHITE before Alison C. Jordan, Official Court Reporter, in Courtroom J at 30 Waddell Street, Marietta, Georgia, on the 10th day of August 2006, commencing at the hour of 10:00 a.m. On behalf of the Plaintiff: PRO SE On behalf of the Defendant: DOUGLAS HAYNIE, Esq. Alison C. Jordan Official Court Reporter 30 Waddell Street Marietta, Georgia 30090 (770) 528-8136 1 2 INDEX TO APPEARANCE 3 4 REBECCA S. MICK, Office of the Attorney General 5 W. RYAN TEAGUE, McKenna Long and Aldridge, LLP 6 BEVERLY E. SMITH, Cobb Board of Elections 7 SHARON DUNN, Cobb Board of Elections 8 BETH KISH, Cobb Board of Elections 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 2 - - - 3 THE COURT: Good morning, ladies and gentlemen. Have 4 a seat, please. 5 All right. Let me just sort of lay out the playing 6 field here: Is that I was asked to come down here, and I 7 think they were having trouble getting a judge. And I 8 have reached a stage in life that I don't like to fight 9 traffic, and I had it put on me this morning. I left 10 Cartersville at 8:30, and I got here about 9:40. Traffic 11 is really backed up. 12 But anyhow, what I want to do is just -- let's see if 13 we can get this in action. I don't want any of you -- 14 some of you called me and talked to me, and I think you 15 were a little frightened about what was going to happen, 16 such as that. And I said we will play it by ear, and we 17 will get this case rolling, and I will give you all ample 18 opportunity to speak. 19 And what I would like to do now is just sound the 20 case of Taffy Rice and Andy Rice versus Earl Ehrhart, John 21 Wiles, Cobb County Board of Elections, and Cathy Cox, 22 Secretary of the State. Now, what is the announcement for 23 the petitioner? 24 MS. RICE: Sir, we have some pleadings to enter this 25 morning. 3 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 THE COURT: You have what now? 2 MS. RICE: Some pleadings to enter this morning. 3 THE COURT: All right. I have -- 4 MS. RICE: My I approach the bench? 5 THE COURT: The petition? 6 MS. RICE: No, sir. There is also a notice of 7 objection to the hearing this morning. 8 THE COURT: All right. 9 MS. RICE: And also a motion to recuse Judge Shepard 10 Howell, which would negate the appointment for which this 11 hearing was convened. 12 THE COURT: Now, you want to recuse Judge Howell? 13 MS. RICE: Yes, sir. 14 THE COURT: He is not on the case. 15 MS. RICE: Sir, he is the individual who was tasked 16 with assigning a judge to preside over this hearing. 17 He -- 18 THE COURT: And by -- he his the administrator -- it 19 is called the administrative judge -- 20 MS. RICE: Yes, sir. However, according to Georgia 21 law, a petitioner should have received notification of the 22 judge who would be making the assignment in order to 23 object and appropriately file the recusal. That 24 opportunity was not afforded to us because at the time we 25 received any assignment of judge was at the same time we 4 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 received notice of hearing, which is in direct opposition 2 to Georgia law. 3 Statutory law specifically noted in the brief is 4 21-2-524, subparagraph a, subparagraph f. The authority 5 cited in Clerk Stephenson's notice of special process 6 requires a hearing not more than ten days, not less than 7 five days after the service of such notice. This hearing, 8 sir, has been convened prior to the lapse of five days 9 notice, or even the notification of a judge being assigned 10 -- 11 THE COURT: Well, you can have five days notice; you 12 are entitled to five days notice now. 13 MS. RICE: Yes, we are entitled to five days notice. 14 THE COURT: I said you are. 15 MS. RICE: Yes, sir, and we did not receive that. 16 THE COURT: Well, I did -- I was not aware of that. 17 I thought you were served five days prior to this. 18 MS. RICE: No, sir. 19 THE COURT: All right. But now you want to go into 20 the fact that as to Judge Howell's disqualification in the 21 case? 22 MS. RICE: We have filed a motion to recuse; yes, 23 sir. It is a preference based on the fraud perpetrated in 24 Bartow County on behalf of a member of the bar in which 25 Shepard Howell refused to render rulings and committed a 5 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 number of impeachable offenses. It is only appropriate 2 that he should not be making assignments or have any 3 participation in a case where he has obviously shown 4 biased. 5 THE COURT: Now, you mean he has already heard 6 something in this case? 7 MS. RICE: Not in this case, sir. With regard to the 8 Rices', he has shown a bias to the plaintiffs in the 9 matter at bar. 10 THE COURT: Well, I still -- I don't follow you. You 11 have to forgive me. You have been in front of Judge 12 Howell? 13 MS. RICE: Yes, sir. 14 THE COURT: When was that? 15 MS. RICE: Within the last year. 16 THE COURT: In the last year? 17 MS. RICE: Yes, sir. 18 THE COURT: And did you have a problem with him then? 19 MS. RICE: Yes, sir. 20 THE COURT: What was it? 21 MS. RICE: I was defrauded, and when I filed a motion 22 to declare order void based on 9-11-60, sued as a 23 corporation for personal assets, clearly in violation of 24 law, Judge Howell refused, not only to allow a court 25 reporter to take down the minutes, he refused to rule on 6 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 pleadings for more than ninety days in violation of law. 2 THE COURT: All right. Now, he appointed me. 3 MS. RICE: Yes, sir. 4 THE COURT: And you are saying that he should not -- 5 MS. RICE: Be involved in the process, sir. 6 THE COURT: -- he should have given you notice. 7 Ma'am? 8 MS. RICE: I'm so sorry. 9 THE COURT: You are not going to offend me, Ms. Rice. 10 I assume you are Ms. Rice. 11 MS. RICE: Yes, sir. 12 THE COURT: You are not going to offend me. I have 13 been in this business a long time, so, I mean, you are -- 14 it doesn't -- so you are saying that you want to file a 15 motion to have me recused. 16 MS. RICE: Well, ultimately someone other than 17 Shepard Howell should have made an assignment. I make no 18 personal statements, sir; I have no point of reference and 19 I have no disrespect. 20 However, clearly Judge Shepard Howell should not be 21 involved in a process that affects the Rices based on his 22 behavior in a multiple motion to recuse him and disqualify 23 based on his behavior from the bench. 24 And so the fact that your assignment is a following 25 act legally means that it would be negated, it makes 7 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 logical sense in accordance with statutory law; however, 2 our point is that we should have been notified 3 specifically in the petition that was filed under 4 subparagraph 14. 5 We made known that it is only in accordance with 6 Georgia law and appropriate that we should have been 7 notified as to who the presiding judge would be such that 8 we could provide the appropriate recusal order or 9 disqualification. 10 However, at the time we were served, which was the 11 evening of the 7th at 7:30, so effectively on the 8th, we 12 did not have the opportunity to object to Shepard Howell's 13 appointment, involvement or any subsequent acts that he 14 may have taken because we were not privy nor aware in 15 accordance with statutory law as is required. 16 And so that is what creates the tangled web, if you 17 will. That is a similar act that was completed by John 18 Bollingwood when he served as the 7th Judicial District 19 judge. There was an assignment of a senior judge, Judge 20 Arthur Fudger. And in a similar fashion, we did not 21 receive notification of Judge Fudger's assignment. And 22 falsified documents were placed in the Cobb County court 23 record in a private file, Judge, and therefore, that was 24 the impetus for subparagraph 14. 25 We are well familiar with the efforts of those 8 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 unfortunately previously involved in the 7th Judicial 2 District and feared that there might be some, how should I 3 say, intentional miscommunication or lack of appropriate 4 statutory compliance. 5 THE COURT: And you anticipate that you want to file 6 a motion to have me recused; is that right? 7 MS. RICE: Well, sir, it would only be logical that 8 to deal with the motion to recuse currently pending 9 against Shepard Howell would have to be dealt with first, 10 and therefore, there should be a reassignment, I would 11 imagine, but that is not my position as -- 12 THE COURT: Do you have the case on Judge Wood and 13 where Judge Wood appointed Judge Fudger? 14 MS. RICE: Yes, sir, that is the Dash 18 case. That 15 would be 02-0547-18, best I recall, but I will make a 16 correction if those numbers are not accurate. 17 The specific style of the case would be Katherine W. 18 Rice, Jay Andrew Rice v. Judge Adelle Grubbs in a writ of 19 prohibition matter; originally heard before Judge George 20 Kreeger, argued against the Attorney General, and 21 positively prevailed upon by the Rices. 22 Therefore, there was an assignment of the 7th 23 Judicial District judge having asserted JQC 220, and 24 subsequently, the assignment of the judge was not noticed 25 to us. It was instead placed in a separate file. I 9 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 believe that case file was 01-000 -- 2 THE COURT: Yes, ma'am, but what I would like you to 3 cite the case -- was it an appellate court decision? 4 MS. RICE: It is a current pending appellate court 5 issue, the writ of prohibition -- 6 THE COURT: So you not, have not had a decision? 7 MS. RICE: No, sir, but clearly, there are involved 8 proper parties that make the more than a mere image of 9 impropriety present in this proceedings, and therefore, it 10 should be that the proceedings and those involved should 11 not be to question, certainly in a matter as important as 12 the vote. 13 THE COURT: Well -- 14 MR. HAYNIE: Judge. 15 THE COURT: -- would you like to say something? 16 MR. HAYNIE: Yes, sir, if I may. Your Honor, I am 17 Doug Haynie representing the Cobb County Board of 18 Elections. I see the Attorney General is standing up. I 19 don't know if you want to be heard. 20 MS. MICK: Your Honor, I was going to correct on the 21 suit with Adelle Grubbs. The Rices lost the case. I 22 actually have attorney's fees, and they currently filed an 23 appeal in supreme court, and that's what is pending. 24 MS. RICE: And the correction I would like to make, 25 your Honor, is specifically the issue of the case being 10 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 made, it was stated to be in the appeal's court; there is 2 no correction there. 3 The issue of fraudulent documents and those not being 4 disclosed to plaintiffs is clearly at bar and is replete 5 throughout the record and has been noted. The request 6 that was made for attorney's fees, again, is in direct 7 opposition to Georgia law, and the Attorney General can 8 not assume to collect attorney's fees for work not 9 performed or not paid. 10 THE COURT: Well, attorney's fees are not before this 11 court now -- 12 MS. RICE: Yes, sir. 13 THE COURT: -- and what we are trying to see is 14 whether you want me off the case or if you want to file a 15 recusal. 16 MS. RICE: Well, first of all, we have filed one, a 17 notice of objection to the hearing; so clearly, the 18 hearing is not appropriate for this morning, sir. 19 THE COURT: Well, you have -- you are entitled to 20 five days notice; you are on solid ground there. 21 MS. RICE: Thank you, sir. 22 MR. HAYNIE: Judge, I'm not sure. I don't want to 23 interrupt you, but I want to address that in just a 24 minute. 25 THE COURT: All right, sir. 11 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 MR. HAYNIE: May I proceed? 2 THE COURT: Yes, sir. 3 MR. HAYNIE: Judge, the operable section is 21-2-523, 4 and I want to address exactly how that works and what the 5 code section says. 6 But just for the record, your Honor signed an order 7 dated August 3rd setting the hearing date for today. 8 THE COURT: Yes, sir. 9 MR. HAYNIE: Judge Shepard Howell signed the order 10 appointed you on August 2nd. But here is what the code 11 says, what the Georgia law says about how this procedure 12 works, and I am going to read it if the Court will allow 13 me just one minute from 21-2-523. 14 It says, "The superior court having jurisdiction," 15 which is Cobb County, "shall be presided over by a 16 superior court judge or a senior judge." That is 17 Number 1. 18 Number 2, "Upon the filing of the petition, the clerk 19 of superior court having jurisdiction shall notify the 20 administrative judge," which Judge Howell is, "and he 21 shall appoint someone." He has appointed you; that is all 22 proper at this point. 23 Subsection E then says, "After a judge has agreed to 24 preside over the case," and we must assume since you are 25 here you have agreed to preside over the case, "the 12 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 administrative judge retains administrative 2 responsibilities." But then it says, "And such judge," 3 which would be yourself, "shall promptly begin presiding 4 over such proceedings in such court and shall determine 5 same as soon as practicable." 6 There is really -- the five days is when they have, 7 they have five days after the results are certified to 8 file a petition. No one is entitled to notice on any of 9 these administrative appointments, the administrative 10 process set out in the election code has been followed. 11 There are no grounds for this, for yourself not to preside 12 over this case. We would ask you to deny that motion and 13 let us proceed today. 14 MS. RICE: Sir, I would humbly disagree. 15 Specifically Mr. Haynie speaks to 21-2-523, and clearly, a 16 superior court judge could be assigned, an administrative 17 judge could be assigned, as he read. 18 However, the 7th Judicial District did not have to be 19 selected by Clerk Stephenson, and the fact that it was not 20 made known and published such that we had the opportunity 21 to recuse or to address any bias is in direct violation to 22 statutory law. 23 Also, Mr. Haynie points that 523 somehow supersedes 24 524. Well, in fact, it does not. Clearly 524, as read, 25 says the authority cited in Clerk Stephenson's notice of 13 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 appeal of special process requires a hearing, quote, "Not 2 more than ten days, nor less than five days after the 3 service of such notice." 4 Now, typically, in Georgia law, as most of you know 5 much better than I, sir, the typical time calendar begins 6 from the time of filing. But specifically noted in 7 OCGA 21-2-524(8)(f), is that it is after the service of 8 such notice. That service clearly having been provided 9 this Court August 7th, 2006 at approximately 7:30, a 10 deputy of the Cobb County Sheriff's Department served 11 copies of the afore mentioned order of Judge Howell, which 12 was the first notification of his assignment. 13 Therefore, clearly, as today's date, the 7th does not 14 afford five days to even be aware that Judge Howell was 15 involved or the 7th Judicial District. And so clearly a 16 motion to recuse in statutory law does provide solid 17 ground from which we ask that this proceeding be curtailed 18 until the matter of the recusal of Judge Shepard Howell 19 can be resolved. Because in the court, any refusal would 20 have to be dealt with prior to any hearing that could be 21 convened beyond the statutory grounds -- two separate 22 statutes that we have noted. 23 THE COURT: Judge Howell signed the order on the 2nd 24 day of August. 25 MS. RICE: Yes, sir, and it was not provided to us 14 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 until the 7th, sir; August 7th. It was provided by Cobb 2 County Sheriff. It is in the record. 3 THE COURT: You know, I don't like this. 4 MS. RICE: Therefore, that is the reason for our 5 notice to objection to hearing. 6 THE COURT: I would think that you would want to get 7 on with the show so we could settle this matter. 8 MS. RICE: Oh, absolutely I would, but I certainly 9 don't want any bias or impropriety based on past 10 experience, and specifically, with the 7th Judicial 11 Circuit, as related to Judge Fudger's, with no impropriety 12 suggested in this court today or any disrespect in any 13 manner. 14 THE COURT: So you what -- what you are saying is 15 that I -- that you plan to file a motion to have me 16 recused because I'm biased. 17 MS. RICE: No, sir, I did not say that, and that has 18 not been uttered in this court. 19 THE COURT: Well, you certainly insinuated. I mean, 20 I am not fussing at you, I'm just saying -- 21 MS. RICE: I would again respectfully apologize, sir, 22 if that is your review; however, I specifically stated 23 that the assignment of Judge Shepard Howell, in accordance 24 with Georgia law, was not made known to the plaintiff, and 25 therefore, an opportunity for an objection to be failed. 15 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 It is not in accordance with the statute. 2 Sir, it has nothing personal to do with your 3 position, your position in the 7th Circuit. It is a 4 matter of experience and Georgia law. And a statutory law 5 is now honored by the courts of Georgia. I'm not sure why 6 we even have to vote or why we even have a courthouse, but 7 certainly, we should be able to rely on the statutes. And 8 that is if Judge Shepard Howell wanted to assign one on 9 August 2nd, he had more than ample opportunity to send a 10 Sheriff to my door, as they did on the 7th, and let me 11 know that and give me the opportunity to recuse him, and 12 therefore, this awkward situation would never have 13 occurred. 14 But that is not the choice that was selected by the 15 clerk of Cobb County Courts. 16 THE COURT: So what you are saying is that any time 17 that an administrative judge appoints a judge, that it is 18 not the judge of the circuit. 19 MS. RICE: No, sir. 20 THE COURT: Then the parties have to be notified. 21 MS. RICE: No, sir. I am saying that when a judge is 22 selected in a hearing of issue where the State is culpable 23 and required to provide verification of compliance with 24 statutory law, when a plaintiff files a petition, and 25 specifically in subparagraph 14, based on the on-going 16 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 pattern of a particular court in the Georgia circuit, 2 asked to be notified of the assignment of a judge, the 3 statutory law should bind that request, whether or not it 4 is to even pend. 5 However, in the specific case, additional caution was 6 taken, and it is noted in subparagraph 14, and that was 7 not honored, and therefore, this hearing reasonably could 8 not go forward. Beyond the fact that we did not have 9 proper notice of the judge in addition to OCGA 21-2-524, 10 and in addition to 21-2-524 noted by Mr. Haynie. 11 MR. TEAGUE: Your Honor, I'm here -- my name is Ryan 12 Teague. I an here on behalf of Representative Earl 13 Ehrhart and Senator John Wiles. And I agree with my 14 brother here on the point of 523. 523 is set up -- those 15 are the legislatures way of saying, "Yes, we know there 16 could be bias here. We have an administrative judge 17 select someone else out of the circuit." 18 That has happened here; the bias has been removed. 19 That is what the statute is for. You are presiding over 20 this case, and there is absolutely no reason for any, for 21 any argument that you could be bias or that you -- or that 22 the administrative judge even places a role at this point. 23 You're presiding over this case, and we are past that 24 point. 25 MR. HAYNIE: Judge -- 17 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 MS. RICE: I would humbly disagree with Mr. Teague's 2 argument. I understand that he is a brother to Mr. Haynie 3 in a since that they are members of the Bar Association. 4 However, I would assert that statutory law provides 5 no additional comfort or standing to brothers as it does 6 to any Georgia citizen. And the law is there to be upheld 7 for all. 8 Clearly 523 does not negate our argument. Clearly, 9 you are to be notified of a judge. Clearly, Cobb County 10 Superior Court has a pattern of using the 7th Judicial 11 District to alter documents; that has been established in 12 the record, whether it is on appeal or in any other file, 13 cubby hole or location. And a motion to recuse has been 14 tendered and must be dealt with before any other action 15 can proceed. 16 And surely, bar members who know the law far better 17 than a mother, a citizen, and a software engineer could 18 understand that statutory law requires that motion to be 19 dealt with, and it could not be held by this tribunal at 20 this moment in addition to the notice of conflict, an 21 objection clearly and properly tendered to the Court. 22 THE COURT: Well, I am going to deny your motion as 23 to the recusal as to Judge Howell as to the way you say he 24 should have been -- you should have had an opportunity to 25 recuse him. I have had no conversation whatsoever with 18 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 Judge Howell about this case. 2 MS. RICE: Sir, that is not the point, and I -- 3 THE COURT: Okay. Okay. Well, the only thing that 4 the District Court Administrator, Ms. Jody Overcash, told 5 me that she had an emergency, and I was thinking that 6 y'all wanted to get on with the show, but -- 7 MS. RICE: Well, I believe the Board of Elections, 8 they also asked for a continuance of this hearing, sir. 9 We as the plaintiffs -- 10 THE COURT: Well -- 11 MS. RICE: -- are not the only ones that asked for 12 that. 13 THE COURT: Yes, ma'am. I understand that. And let 14 me say, the only thing we are going to do is have some 15 motions when you have asked for a jury trial. 16 MS. RICE: Yes, sir, that is correct. 17 THE COURT: And we'll -- we can make a decision on 18 that because as I understand the law, you are entitled to 19 a jury trial. 20 MS. RICE: The issue -- 21 MR. HAYNIE: If there are no questions of fact. 22 THE COURT: That's right. Well, that is what -- we 23 have to get into that. 24 MR. HAYNIE: Yes, sir; correct. 25 MS. RICE: Well, sir, I'm not prepared to get into 19 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 that because statutorily, this hearing is in violation of 2 law, and therefore, no decision can be rendered today, and 3 I reiterate OCGA 21-2-524, which clearly states that it 4 must be convened five days after the service of such 5 notice. You have in the record the service was not made 6 until August 7th at 7:30. 7 This morning, your Honor, I received six separate 8 pleadings upon entering this room. Clearly, this is not 9 in accordance with justice, and I have not been afforded 10 the time to even read the power of -- the Board of 11 Elections, the Secretary of State, McKenna, Long, Aldridge 12 Associates with the governor of the state of Georgia. 13 Certainly, there is no way that, in addition to our 14 objection and Mr. Haynie's tendered objection, that we can 15 move forward. And I would assert also very humbly, sir, 16 that the motion to recuse Judge Shepard Howell could not 17 be made by his appointee. It certainly does not give a 18 very appropriate view of the proceedings if someone who 19 was appointed by Judge Howell were to decide Judge 20 Howell's applicability to the circumstances and whether he 21 had the right to appoint someone at all. 22 THE COURT: Well, you are challenging his right, and 23 he has absolute right to do that. It an administrative 24 judge with the 7th Judicial District, so -- 25 MS. RICE: But, sir, as a litigate and as a 20 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 plaintiff, I have also the right to tender recusal or 2 disqualification based to the inappropriate activity of 3 that said individual or any subsequent decision he may 4 make. That is clearly defined by Georgia law and can not 5 be overcome by -- 6 THE COURT: Well, I deny that motion. All right. 7 MR. TEAGUE: Your Honor, on the point of the notice 8 provision, the five days, that -- the notice is for us as 9 the defendants. And to the extent that if, if -- the 10 issue is disputed as to what final day of service there 11 was for the special process, the notice of who the judge 12 is not -- that is not the day. There is a special process 13 that we receive. 14 To the extent that there is any dispute of the five 15 days, we waive that -- 16 MR. HAYNIE: Right. 17 MR. TEAGUE: -- because we are here. 18 MS. RICE: I can appreciate that, your Honor, but we 19 as the Rices do not waive that statutory protection being 20 a party to this action. And while it may seem that -- 21 THE COURT: You don't have the right to tell him 22 whether he can or can not waive it. 23 MS. RICE: No, sir, and I do not. I simply stated 24 for the record, again, I will repeat, we as the Rices do 25 not waive our right. 21 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 THE COURT: Yes, ma'am. 2 MS. RICE: Thank you, sir. 3 MR. HAYNIE: Judge, if I may be heard: They, the 4 plaintiff, has no five day right. Let me read the code 5 section to you. It says, "Upon the filing of such 6 petition, the clerk of superior court shall issue notice 7 requiring the defendant," not the plaintiff, but the 8 defendant, "and any other party to have -- 9 MS. RICE: And any other party. 10 MR. HAYNIE: -- not less than five, no more than ten 11 days." The Cobb County Board of Elections waives that 12 five-day notice. 13 We filed a motion for continuance. We actually had a 14 run-off election Tuesday; these folks have a great deal of 15 work. However, they have been burning the midnight oil; 16 we are ready to go today, your Honor. 17 MS. RICE: And sir, I would like to object, to point 18 clearly to Mr. Haynie's reading, which he stated, and I 19 quote, "Plaintiff has and any other party." Obviously, 20 the plaintiff is the any other party and is most certainly 21 protected by OCGA 21-2-524. 22 There is no question there. I mean, it is ludicrous 23 to think that we would stack the deck against those who 24 filed it and give advanced waiver rights to only the 25 defendant. Clearly, that is not part of the judicial 22 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 process. 2 And I would ask that his comments be stricken and 3 labeled inappropriate as in accordance with the statute. 4 THE COURT: All right. What would you be ready to 5 hear today? I have denied your motion, and if I'm not 6 correct, you have your -- you know that. You are very 7 intelligent. 8 MS. RICE: Thank you, sir. 9 THE COURT: And you have your right and your remedy 10 if I'm not -- if I'm incorrect, and I'm not saying I'm 11 correct. I believe I am. 12 MS. RICE: I appreciate that. 13 THE COURT: All right. 14 MS. RICE: Therefore, I would like to call to the 15 Court's attention our notice of objection to the hearing, 16 and our alternative motion for continuance. 17 While your Honor has stated that he has ruled on a 18 motion to recuse Judge Shepard Howell not an individual 19 present in this proceeding, there is still a notice of 20 objection to the hearing tendered both by the Board of 21 Elections and also the plaintiff, the Rices. 22 And the continuance that we requested was to be 23 properly prepared and have notice of the hearing with at 24 least five days notice. It sounds like, based on the case 25 load that the Board of Education has had, that would be 23 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 amenable to both parties. 2 THE COURT: Well, they have dismissed their motion 3 for a continuance. 4 MR. HAYNIE: That is correct, your Honor. 5 MS. RICE: I have not received notice of that. I am 6 sorry. 7 THE COURT: Well, he has announced it in open court. 8 All right. 9 MS. MICK: Your Honor, also the Secretary of State 10 has filed a motion to dismiss based on the wording of the 11 statute that she is an improper defendant. And I have a 12 copy for the Court. I can be heard at any time in the 13 lineup. 14 THE COURT: In other words, you want Ms. Cox to be 15 dismissed. 16 MS. MICK: That's correct, your Honor. And I have 17 presented copies to the plaintiffs and my co-counsel 18 already. Let me just give that -- 19 THE COURT: Well, I think we should get this out of 20 the way first. 21 MS. RICE: Your Honor, we are clearly not prepared to 22 go forward, and statutorily, I would reassert our position 23 that it is not appropriate to be given pleadings, six 24 pleadings, in ten minutes prior -- well, not even ten 25 minutes, two minutes prior to a hearing which has not been 24 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 reviewed by plaintiff. 2 This is clearly a travesty of justice, and is 3 certainly not any adjudication of an issue as important as 4 the Georgia vote. 5 THE COURT: What do you say about this, Ms. Mick? 6 MS. MICK: Your Honor, quite simply actually, in the 7 statute, there is a specific list of proper defenses in an 8 election contest such as this. And the statute 21-2-522 9 has four categories, none of which the Secretary of State 10 fits. 11 If the person whose nomination or election is 12 contested; the person whose eligibility to seek any 13 nomination in office or a run-off is contested; the 14 election superintendent or superintendent who conducted 15 the primary election or any public office who formally 16 declared the number of votes for and against any questions 17 submitted to the elector in an election. 18 And in this case, the Rices are contesting the 19 republican primary results. Secretary of State Cox is not 20 the election superintendent who conducted the contested 21 primary. If we look at 21-2-2 and then 35A, you will find 22 that the election superintendent is the local election 23 superintendent. 24 That while the Secretary of State has a wide variety 25 of duties to coordinate elections and oversee in the state 25 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 of Georgia, it is the hundred and fifty-nine counties that 2 carry most of the weight, including being the local 3 election superintendent. They conduct the election, they 4 run it, they do everything practically and present the 5 certified results to the Secretary of State. 6 And in this case, that is what we have argued, that 7 the Secretary of State, since she doesn't fit any of those 8 clearly defined categories, that we would ask that she be 9 dismissed from the action. 10 MS. RICE: Your Honor, if -- that is deemed 11 appropriate; however, OCGA 21-2-284C clearly states, the 12 important part, "The name of all candidates who have 13 qualified with the party in accordance with this chapter 14 and party rules and who have been certified to the 15 superintendent or Secretary of State as having so 16 qualified shall be printed on the ballots, and in outlines 17 heard as specifically a party to be served." 18 If she is not the appropriate party, we do not object 19 to that being dismissed; however, that can not happen, I 20 would assert, in this hearing today. That a notice of 21 objection has been filed; there is a pending recusal. 22 Therefore, any, any action taken at this point would 23 be void and clearly in violation of statutory law. 24 Although, we do not object to releasing the Secretary of 25 State based on the review of the proper statute and 26 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 compliance with same. 2 THE COURT: You do not object to it? 3 MS. RICE: That is to say, if we had a properly 4 convened hearing and the recusal had prior been dealt 5 with, no, sir, we would not. We simply were complying 6 with statute. 7 THE COURT: Well, what I'll do is -- you're saying 8 that you need a little more time on this? 9 MS. RICE: Yes, sir. This hearing should not have 10 been convened based on the recusal and the notice of 11 objection, and therefore any action would be moot or void 12 that would be taken from at this point. 13 It is clearly improper as tendered; it has been 14 asserted. Also, the fraud previously perpetrated by the 15 7th Judicial District has been noted of which Judge 16 Shepard Howell and Judge Arthur Fudger were directly 17 involved; it has been noted here. 18 And therefore, I would, again, humbly ask that this 19 hearing be terminated, and the motion to recuse Judge 20 Howell and his assignment and any following action be 21 legally and properly addressed to assure the lack of 22 impropriety. 23 THE COURT: You haven't filed a motion on the 24 recusal, have you? 25 MS. RICE: Yes, sir, I have, and you have a copy. 27 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 THE COURT: And what date did you file it? 2 MS. RICE: This morning. The same as when I received 3 these six other pleadings that I obtained. It's been 4 provided to the parties here present in the courtroom 5 today. 6 THE COURT: Now, the Exhibit A as I don't see it, I 7 assume that is your affidavit? 8 MS. RICE: What would be speaking to, sir? 9 THE COURT: Well, you have a -- on June, June the 10 23rd, 2006, with regard to your motion to quash a third 11 party motion to declare or to void a motion to disqualify 12 Judge David Smith. 13 MS. RICE: Yes, sir. If we are looking at the motion 14 to recuse Judge Shepard Howell, noted on page two, it 15 explains that Judge Howell has committed an impeachable 16 offense in accordance with OCGA 15-6-21, arriving from a 17 fraudulent action instigated against the Rices as shown in 18 Exhibit A. Exhibit A being the affidavit that spells out 19 with specificity the act and the case numbers and the 20 involved statutes. 21 If your Honor would like a copy of that case, I would 22 be happy to provide it for your convenience. Also, the 23 transcript in which Judge Smith points out that the Rices, 24 who are not parties to the action, but whose assets were 25 being discussed, is not allowed to speak because they are 28 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 being sued on behalf of a corporation, which is not a 2 party to the contract at issue. Clearly a fraudulent 3 matter. 4 This being presented to Judge Howell, he refused to 5 not only allow a transcriptionist to take down a 6 proceeding in violation of Georgia law, but refused to 7 render a decision, which suggests clearly that he has a 8 bias. 9 In addition, Clerk Jody Overcash provided a falsified 10 document which has been addressed in multiple pleadings. 11 Clerk Overcash stated that an original document assigning 12 a judge was filed in a Cobb County Superior Court record 13 when proceeding to the 7th Judicial District clerk's 14 office and inquiring of the original. The original 15 contained a fax. 16 A fax header that was provided to Cobb County at 8:45 17 the night before a hearing with Judge Kreeger, in which a 18 judge had not been properly assigned, and there had been 19 no notification to the defendant that there was any 20 assignment of the judge. I beg your pardon, not a 21 defendant, a plaintiff. 22 Therefore, the continuing pattern of fraud as 23 exhibited by the clerk's office via document, both in the 24 Cobb County court records and the 7th Judicial court 25 clerk's record as well as Judge Howell's refusal to deal 29 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 with the matter, do not suggest that the involvement of 2 the 7th Judicial District, particularly Judge Howell or 3 the clerk, would be appropriate in this matter. 4 Fraud, having been asserted here, your Honor, I would 5 point out to the Court that any action that follows own 6 would have the opportunity to be questioned. 7 THE COURT: What you want -- you just want to leave 8 out of here today without doing anything, and then -- what 9 is going to happen if we don't hear this -- if we don't 10 get through with this case by general election? 11 MS. RICE: Clearly, we have a motion for continuance, 12 which does not say we are going to leave out of here, and 13 next time we will talk to one another is the general 14 election. 15 Specifically, what should happen is there should be 16 an assignment of a judge by the clerk, which is noticed to 17 the plaintiff; and therefore, if there is a bias or an 18 objection -- 19 THE COURT: The clerk does not assign a judge. 20 MS. RICE: In this case -- you're right, it should 21 not have been but that is exactly what happened. 22 THE COURT: No, no, no. 23 MS. RICE: Clerk Stephenson mostly certainly did 24 provide Judge Shepard Howell with the assignment 25 capability, and that was not made known to us until the 30 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 7th. And based on the behavior of Clerk Stephenson and 2 Clerk Overcash prior, this is clearly inappropriate. If 3 it were not inappropriate statutorily in the plaintiff's 4 specific -- excuse me, in the complaint specifically noted 5 was the issue of fraud that had repetitively occurred 6 between these two circuits; and therefore, in a matter as 7 important as the vote, we must, as plaintiff, request of 8 the Court to be and are statutorily protected to ask for 9 notification of the judge. And we did not receive 10 notification until a hearing was already set. 11 THE COURT: So what you are saying is when an 12 administrative judge anywhere in the state of Georgia 13 appoints a judge to hear a case, he must give notice to, 14 to all the parties. 15 MS. RICE: Well, sir, no, I am not even to that 16 point. 17 THE COURT: Are you saying that -- 18 MS. RICE: What I specifically stated was when Clerk 19 Stephenson appointed the 7th Judicial judge to assign 20 another judge, I was not aware of that transaction or that 21 effort or that involvement. And because it was the 7th 22 Judicial District who has perpetrated fraud via documents 23 properly plead tendered to every court in this case of 24 venue, then it would be inappropriate for Clerk Stephenson 25 to again call on the 7th Judicial District as he did in 31 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 the case of a writ of prohibition matter in which 2 fraudulent documents of which eleven citizens in this 3 county attested and sworn statements ready to testify that 4 it was a falsified document. And therefore, five cases 5 were thrown out at one time, and the Attorney General 6 would like attorney's fees not even allowed by statutory 7 law, then obviously the rule of law must be restored, and 8 it can not be in any manner in which Clerk Jay Stephenson 9 and the 7th Judicial District Court are involved, in my 10 opinion, but more importantly, based on experience and the 11 court record. 12 THE COURT: Where do you suggest you get a judge? 13 MS. RICE: That is not my position to dictate -- 14 THE COURT: Well, somebody -- you are criticizing the 15 matter, now what do you suggest? 16 MS. RICE: I have no criticism, sir, I simply speak 17 from experience. It is never been my intension to 18 criticize the Court -- 19 THE COURT: No, I told -- 20 MS. RICE: -- to be disrespectful in any way. 21 THE COURT: I told you a while ago, I am not 22 sensitive. I have been in the business longer than you 23 have been alive, and you are not going to offend me in any 24 way. If I can't take it, I am going to get out of the 25 kitchen; it is that simple. 32 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 MS. RICE: I appreciate that. 2 THE COURT: And -- 3 MS. RICE: I mean no disrespect. It is simply a 4 matter of experience with regard to the Cobb County 5 Superior Court. If I had the choice, if I was not 6 statutorily bound, I would have chosen a different venue. 7 However, based upon the statute as it is written, we 8 specifically asked in the complaint because of an ongoing 9 pattern of fraud that we be notified when a judge had been 10 assigned. Clerk Jay Stephenson did not do that before 11 this hearing was set. 12 THE COURT: The only thing I can say, Ms. Rice, is 13 this: I retired in 1992, and I have been appointed on 14 many cases. I don't have as many as I did; I just do a 15 little bit. I don't want to do to much. 16 And to my knowledge, no attorney or party has ever 17 been notified that the administrative judge was appointing 18 me. 19 MS. RICE: There are cases -- 20 THE COURT: As I -- as far as I'm concerned, 21 throughout the state of Georgia, it is done that way. 22 MS. RICE: I can appreciate your experience, and I 23 certainly have nothing to say in that regard. 24 THE COURT: Yes, ma'am. 25 MS. RICE: There are two cases that I am aware of 33 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 where litigants, plaintiffs, specifically plead 2 notification of a judge in order to be afforded the 3 statutory opportunity to provide or tender a proper motion 4 to recuse or disqualify based on circumstances. 5 I know in the case of Wendy Titleman, I know in the 6 case of those Marquita Portman. All of those factors came 7 to play based on the circumstances. And unfortunately, 8 sir, while it is not my preference, I find myself having 9 to be very careful in terms of statutory requirements and 10 one that I am well familiar with is I do have the right to 11 ask for the disqualification or recusal, and by law, it 12 must be dealt with by a person clothed in the proper 13 jurisdiction. 14 MS. MICK: Your Honor, to go back to the motion to 15 dismiss, I believe Ms. Rice said -- and I believe she said 16 she would not have an objection to allowing the Secretary 17 of State to be dismissed because of the language of the 18 statute as pointed out defining defendants in which 19 doesn't have the Secretary of State anywhere listed as a 20 proper defendant. 21 MS. RICE: I can not -- 22 MS. MICK: We would ask that she be dismissed from 23 this action. 24 MS. RICE: Sir, my statement, in clarification, was 25 that we would look at the statute and be open to that if 34 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 it is statutorily complaint. Having received this 2 document, again, just minutes before your Honor entered 3 the courtroom, I can not speak to that, and there is no 4 action to go forward from this -- 5 THE COURT: Well, I'll do this. I think we can put 6 that matter to rest. Is that I will give you an 7 opportunity to send me a brief on this, and then I'll make 8 a ruling and notify you. Is that fair enough? 9 MS. MICK: Thank you, your Honor. 10 MS. RICE: Except for the issue of jurisdiction 11 because any order or any action coming out of this hearing 12 today obviously is not going to have the full effect of 13 law based to the recusal filed. And jurisdiction is an 14 issue that I have plead throughout this morning with 15 regards to the motion to recuse. 16 THE COURT: You mean this Court does not have 17 jurisdiction? Is that what you are saying? 18 MS. RICE: I'm saying that -- 19 THE COURT: You are saying that and that you want 20 your case dismissed if it doesn't have jurisdiction? 21 MS. RICE: I am again reiterating, sir, that the 22 improper appointment by Clerk Stephenson of Judge Shepard 23 Howell without notification prior to a hearing less than 24 five days -- 25 THE COURT: Clerk Stephenson did not appoint Judge 35 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 Howell. Clerk Stephenson notified Judge Howell, I assume, 2 that they needed a judge to hear this case, and the 3 administrative judge of the 7th Judicial District -- he 4 did that, and he made an appointment. 5 MS. RICE: I appreciate that. 6 THE COURT: And I'll certainly -- I'll back up and 7 I'll give you an opportunity if you want to file a motion, 8 even after we have gone all through it to hear where I 9 should have recused myself, I'll do that. I want your 10 rights protected as well. 11 MS. RICE: I can appreciate that. However, the 12 issue -- 13 THE COURT: But I am not going to be just -- just let 14 this thing just role on and on. 15 MS. RICE: And I would not ask you to, sir, but 16 obviously there should be at least five days and some 17 opportunity to -- 18 THE COURT: Well, I have already -- I already -- I am 19 going to give you that five days to respond. 20 MR. TEAGUE: Your Honor, I have filed motions to 21 dismiss for Senator Wiles and Earl Ehrhart, and I think we 22 are ready to move forward with that today based on the 23 lack of merit with this complaint. This action should not 24 proceed any further. 25 You are right that the general election is -- it is 36 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 coming fast, and we have got to move fast with these 2 proceedings. And I feel like we need to move forward on 3 those motions today. I believe the Cobb County Board of 4 Elections has filed a motion to dismiss as well. I 5 believe today is the time to deal with that. 6 THE COURT: All right. 7 MR. TEAGUE: And I just want to make that point to 8 you. And I noticed that Ms. -- Mr. Rice is not here 9 today. Ms. Rice can not represent his interest, and she 10 is not an attorney. And for that reason on -- 11 THE COURT: Mr. Rice called me -- Rice called me by 12 telephone. As a matter of fact, I got about four or five 13 telephone calls the other day, and I told everybody I 14 could not discuss anything without all the parties being 15 present. And that is just my policy; it always has been 16 my policy. And we will go forward on, on their motions. 17 MR. TEAGUE: I believe that his failure to be here, 18 his case against Senator Wiles should be dismissed today 19 because he -- there is no one here to represent that and 20 that's been -- it is waived. 21 THE COURT: Ms. Rice, are you an attorney? 22 MS. RICE: No, sir. 23 THE COURT: Okay. Well, he -- 24 MS. RICE: I would humbly object obviously because 25 the assignment is not appropriate. The motion to dismiss 37 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 whether Mr. Rice were sitting here -- 2 THE COURT: Well, you would have no standing to it. 3 MS. RICE: But he has not even been provided the 4 pleading, your Honor. If he hasn't been served with a 5 pleading to rule on, it would certainly be inappropriate. 6 MR. TEAGUE: I make a motion today for the first time 7 that his failure to be here ends this case against Senator 8 Wiles. He is the only one that sits -- he was the 9 candidate in the Senate race; that case should be 10 dismissed today. There is no grounds to move forward. 11 THE COURT: All right, sir. You can take an order 12 for not -- for him not being here. I will sound for him 13 again: Is Andy Rice in the courtroom? 14 MR. POPHAM: Your Honor, I would like to -- I am an 15 elector in Cobb County elector myself. 16 THE COURT REPORTER: I'm sorry, your name, sir? 17 MR. POPHAM: Peter Popham, P-o-p-h-a-m. 18 MR. HAYNIE: We object to this -- to any public 19 participation. 20 MR. POPHAM: I am an elector of Cobb County, and I 21 would like to enter this action as a third party, sir. 22 THE COURT: You want to enter as a third party? 23 MR. POPHAM: Yes, sir. 24 THE COURT: You are not on the record. 25 MR. POPHAM: I know that. I am doing that verbally 38 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 in the courtroom. 2 THE COURT: No, sir. No, sir. I'll deny that. 3 MR. POPHAM: All right, sir. 4 THE COURT: All right. Let the record show -- give 5 your name to the court reporter. Did you get his name? 6 THE COURT REPORTER: Yes, sir, I did. 7 THE COURT: I want everything to be recorded. I am 8 not afraid of this. 9 MR. POPHAM: Peter Popham; it's 2933 Moon Station 10 Road in Kennesaw, 30144. 11 THE COURT: All right. So you prepare an order on 12 that. 13 MR. TEAGUE: I will. 14 MR. HAYNIE: If I may just follow up on the, what was 15 said about the failure of Mr. Rice to appear. This Court 16 ordered all parties, that is both plaintiffs and all of us 17 to be here, and his failure to be here should result in a 18 dismissal, which you have done. 19 We are prepared, that is the Cobb County Board of 20 Elections, is prepared to go forward with our motion to 21 dismiss this morning -- 22 THE COURT: All right, sir. 23 MR. HAYNIE: -- any time whenever you are ready. 24 MS. RICE: Mr. Haynie said that you have already 25 dismissed that. Is that what he just said, that you have 39 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 dismissed Mr. Rice? 2 THE COURT: As to Mr. Rice. 3 MS. RICE: Okay. 4 THE COURT: He is not here. He called me on the 5 telephone, I can't remember, one day this week and wanted 6 to continue it, Mr. Rice did. And I said no, I have it 7 set down for the 10th, we will hear it at 10:00 o'clock. 8 And he made this statement, he said, "Well, I have some 9 business I need to take care of," and I'm sure you are 10 aware of what that is. And I told him to -- that we would 11 have the hearing today. 12 MR. TEAGUE: Just to clarify, that Senator Wiles is 13 dismissed from the action by Mr. Rice's failure to be 14 here, and I will present that order to you. 15 THE COURT: All right. 16 MR. HAYNIE: Your Honor, if I may proceed, are you 17 ready for me to proceed -- 18 THE COURT: Yes, sir. 19 MR. HAYNIE: -- with the Cobb County Board of 20 Elections? 21 THE COURT: Yes, sir. 22 MS. RICE: Again, sir, I would like to object to 23 any -- 24 THE COURT: I will let you show your objection. You 25 have that absolute right, and don't think you are going to 40 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 irritate me, Ms. Rice. 2 MS. RICE: Thank you, sir. 3 MR. HAYNIE: Your Honor, if I may by way of opening 4 statement present three certified documents to the Court, 5 which I think the Court should have. This is an election 6 contest, and while there is a sentence in code that grants 7 a right to a jury trial, the pleadings, on their face, 8 Number 1, fail to allege any facts. 9 THE COURT: You have to allege -- to have facts. 10 MR. HAYNIE: Yes, sir, there has to be some basis for 11 a jury trial; there is none. Plus the -- 12 MS. RICE: I disagree -- 13 MR. HAYNIE: If I may go forward without 14 interruption, your Honor. 15 THE COURT: Yes, I will give you the opportunity to 16 talk, Ms. Rice. 17 MS. RICE: Thank you, your Honor. 18 MR. HAYNIE: The second thing is that the relief 19 requested by the plaintiff is not authorized by the code. 20 And what I mean by that is this petitioner says, "Look, I 21 lost in the primary in July. I'm challenging the vote. I 22 want you to, Judge, to put me on the ballot in November." 23 That is not available under the election code. The 24 very relief they request can not be granted by this Court 25 under the Georgia election code. That asked for the wrong 41 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 relief, so that relief is not available. 2 MS. RICE: Specifically, your Honor, what was 3 asked -- 4 MR. HAYNIE: Your Honor, I'm not finished, I'm sorry. 5 I would like to make an opening statement uninterrupted, 6 if I may. 7 THE COURT: All right. 8 MS. RICE: I'm sorry. 9 MR. HAYNIE: And I will point to the -- if the Court 10 will look at the second prayer Number 2 on page 6, "That 11 if the jury determines the actual results of the subject 12 Primary votes are in doubt, Petitioners be placed on the 13 ballot for the general election in November." 14 The election code, if there is a valid ground to 15 challenge it, they have to go back and challenge the 16 election; it has already happened. They are asking you to 17 skip over the July primary and put them on the ballot -- 18 THE COURT: The general election? 19 MR. HAYNIE: Yes, sir. I don't know how in the world 20 they are going to do that because there are already two -- 21 a Republican candidate and a Democrat -- there was one, in 22 this one; right, that was qualified? 23 But there is no basis to put them on the ballot in 24 November, so -- 25 Your Honor, if I may submit to the Court some 42 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 documents. May I submit some documents to the Court, your 2 Honor? 3 THE COURT: Yes, sir. 4 MR. HAYNIE: Uh -- 5 THE COURT: You might present them -- let Ms. Rice 6 see them first. 7 MR. HAYNIE: Okay. I will give her some copies. 8 MS. RICE: Thank you so much. 9 MR. HAYNIE: Sharon, if you will give her some copies 10 of the documents. 11 MS. RICE: Mr. Haynie asserts that there is no basis 12 to be put on the ballot, and, your Honor, I would dispute 13 that specifically because there can be no verification of 14 the vote. And that, in and of itself, is what we have 15 called for, a verification of the vote. 16 We have been presented with evidence by constituents 17 noting that our names were not listed on the ballot as 18 assured and guaranteed by the Secretary of State's office 19 when we signed as qualified candidates. 20 However, when voters went to precincts, our names did 21 not appear on the ballot. 22 THE COURT: But that, that is a situation -- that 23 would be sufficient grounds to set the election aside -- 24 MS. RICE: Yes, sir. 25 THE COURT: -- and we would have a special election. 43 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 MS. RICE: Yes, sir. But in the interest of not 2 incurring additional cost to taxpayers -- 3 THE COURT: Well -- 4 MS. RICE: -- the next logical referendum is 5 November, and therefore, instead of costing the state of 6 Georgia an immense amount of money, it would only be 7 logical that the next election cycle would be prudent and 8 economical. 9 However, I make no decision with regard to that. 10 That was a logical deduction based on the setting aside of 11 prior vote. 12 THE COURT: Yes, ma'am, and the Court -- if we start 13 putting a price tag on a fair election, we are in trouble 14 in this country. I mean, if you have to have a fair 15 election, if it cost more money, then let it cost more 16 money. 17 MR. HAYNIE: If I may submit, your Honor, a certified 18 copy of the consolidated return for the general primary on 19 July 18th, 2006; I am going to give this to the clerk, and 20 I am going to give the Court a copy as well. 21 And if I may approach. This is the overall vote for 22 all of Cobb County, including all of the races. I think 23 that should be in the record for technical reasons. I 24 want to talk -- I am going to have to convert this. 25 MS. RICE: Do we have any verification of these 44 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 numbers, your Honor, a physical count? Because according 2 to Georgia law, there is no written verification of a 3 ballot. These are simply tallies and totals from the data 4 base that which can not be verified. 5 And there in lies the problem with our current 6 situation and also the issue at bar. 7 MR. HAYNIE: If I submit also, your Honor, there is 8 one race -- Mr. Rice's complaint is now out as to one 9 candidate. The sole remaining candidate that is in the 10 race, we have submitted results of every precinct in that 11 particular race. 12 And in that run of the -- let me go back and say that 13 Ms. Rice's allegation, she had two allegations in her 14 petition. The first one is based solely on hearsay. A 15 voter called her under her petition and said, "I went to 16 vote in the precinct," and we don't even know what voter 17 did this, but we have our computers here today. If you 18 will require her to give us the name of that voter, we 19 will go to that precinct on our computer, and we will find 20 out whether her name was on that ballot or not if you will 21 let us do that. 22 But her petition is based on a phone call she alleges 23 from a voter that says she went to vote for Ms. Rice and 24 couldn't find her on the ballot. 25 THE COURT: At which precinct? 45 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 MR. HAYNIE: We don't know yet because she hasn't 2 told us. 3 MS. RICE: We haven't even gotten an answer to our 4 complaint, your Honor. So clearly, we haven't had time to 5 get any information or has it been requested by Mr. Haynie 6 so for him to do some grandstand alleging that we have 7 withheld information is ludicrous at best. 8 MR. HAYNIE: What this document shows the Court is 9 that Ms. Rice received at least one vote in every 10 precinct. What that means is the computer system was 11 correct. She is alleging that we left her off of the 12 ballot in -- or somewhere. We don't -- she hasn't 13 specified where or what precinct. 14 We went back and we've run every precinct. She got 15 at least one vote in every single precinct, which says to 16 me anyway, the computer system is working. She got votes, 17 she was on the ballot. She lost the election, but she is 18 alleging that somewhere in the precinct that she was not 19 on there. 20 We are prepared, your Honor, this morning in our 21 motion to dismiss to run the computer system. We have 22 brought the touch screen with us. We have the computer 23 disk that goes in there. If you'll require Ms. Rice to 24 tell us who the voter was that called her, what precinct 25 she was in -- or if we can just have the name, we can 46 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 probably find what precinct, we will let the Court look at 2 that precinct to determine Ms. Rice was, in fact, on the 3 ballot, and therefore, her complaint should be dismissed. 4 There is no issue for a jury in this matter. 5 MS. RICE: With all due respect, your Honor, there is 6 absolutely no way a disk or one machine can verify what a 7 voter saw in a given precinct. That defies status 8 accounting in any computer system. 9 THE COURT: What he wants to know is the name of the 10 voter so you, we can determine what precinct it was that 11 your name was not on the ballot. 12 MS. RICE: Okay. And the individual who has provided 13 a prepared affidavit is ready to be here within the 14 required time. I could not give her notice or let her 15 know that she must be there immediately tomorrow. 16 THE COURT: Is there any reason that you can't give 17 the name? 18 MS. RICE: Her name is Donna Smith. 19 THE COURT: What? 20 MS. RICE: Donna Smith. 21 THE COURT: Donna Smith? 22 MS. RICE: Yes. 23 MR. HAYNIE: And what precinct was she in? 24 MS. RICE: I don't know. That was -- that should be 25 contained in her affidavit. 47 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 But again, this hearing being inappropriate and not 2 properly scheduled, I have not been able to collect data 3 nor do I have the congressional testimony on the 4 Dybold [sic] machines, the lack of verification and the 5 inability to recreate any vote in a precinct, which is 6 known to this country. 7 So clearly, the notice of objection being properly 8 tendered a motion to recuse, this can not go forward and 9 should not legally. However, I can see that -- 10 THE COURT: Let me just ask you this question. Your 11 grounds for challenging the election is -- 12 MS. RICE: Yes. 13 THE COURT: -- that at one precinct, you were not 14 properly listed. 15 MS. RICE: I have been made aware of several. 16 However, there is someone who has already put it in 17 writing; yes. 18 THE COURT: But how many precincts? 19 MS. RICE: I can't speak to how many precincts. I 20 have no verification of those precincts. And unless 21 someone calls, how, sir, would I know? 22 THE COURT: Yes, ma'am. But you are saying that this 23 election was not proper because your name was not -- 24 MS. RICE: On the ballot. 25 THE COURT: -- on the ballot. 48 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 MS. RICE: Absolutely. If I, if I asked Mr. Haynie 2 got a vote in every precinct, how is it that a voter went 3 to a precinct and my name was not on it? 4 THE COURT: All right. 5 MS. RICE: I would say that in and of itself is 6 absolute proof that there is a flawed system that there is 7 no assurance to the Georgia voters, and even in accordance 8 with public statements made by the Secretary of State's 9 office, there is no verification -- 10 THE COURT: All right. 11 MS. RICE: -- and it has been codified by the 12 legislature and is required for a paper trail come 13 November. 14 THE COURT: Yes, ma'am. Now, let me ask you this 15 question: I noticed that it ended up that you have a 16 thousand and thirty-six votes. That was the final tally 17 on this -- 18 MS. RICE: Perhaps. This is the first I have seen of 19 this document. 20 THE COURT: -- as certified by the director of 21 elections. 22 MS. RICE: It would appear Sharon Dunn is on the 23 document -- 24 THE COURT: Yes, ma'am. 25 MS. RICE: -- that Mr. Haynie just provided us. 49 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 THE COURT: Yes, ma'am. And, and Mr. Ehrhart 2 received three thousand, nine hundred and nine votes. I 3 look down through here, and the largest number of votes at 4 any precinct was seven hundred and thirty-four, which 5 would be AB Precinct 1. 6 MS. RICE: Seven hundred and thirty-four. 7 THE COURT: If you had been completely left out of 8 that precinct, then you still would not have won the 9 election. 10 MS. RICE: It would appear based on this sheet and 11 these numbers along that is the image that Mr. Haynie and 12 the Board of Elections would like to present to this 13 Court. 14 However, sir, a spread sheet and a piece of paper 15 clearly typed is no verification of a vote. And surely, 16 your Honor must understand that on a computer, any typed 17 material is not verify this vote. 18 THE COURT: Yes, ma'am. All right. He has offered 19 this, and I'm asking you for -- if you can explain it, and 20 you can't. 21 MS. RICE: Yes, I can explain it. 22 THE COURT: All right. 23 MS. RICE: That I can type a piece of paper all day 24 long, I can put numbers on it all day long, and that is 25 not a verification of a vote. 50 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 THE COURT: Yes, ma'am. 2 MS. RICE: If it is that he is asserting every single 3 precinct I received a vote, then how did even one voter go 4 to a precinct and not see my name? It can't be if we had 5 a valid vote. It can not happen. And there in lies, 6 thank you so much, is the best evidence of all. 7 THE COURT: All right. Go ahead. 8 MR. HAYNIE: Thank you, your Honor. And we -- you 9 hit the point, the next point I wanted to make. The -- 10 Mr. Ehrhart got thirty-nine, zero-nine votes; Ms. Rice got 11 a thousand thirty-six. Her differential is two thousand, 12 six hundred and eighty-three votes. We believe based on 13 the certified results plus the, this precinct in this 14 specific race, that she's got to prove that number of 15 voters. 16 She has got to find twenty-eight hundred and 17 seventy-three voters that would have voted for her or that 18 there was some type of defect in the system letting her 19 have hearsay in one paragraph in her petition that she got 20 a phone call is not sufficient; there is nothing to 21 present to a jury. If she has an affidavit, she needs to 22 bring it forward. 23 We are prepared today to proceed from a preliminary 24 evidentiary standpoint, but we do submit these certified 25 documents. There is no issue to go in front of a jury. 51 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 THE COURT: Any objection to this certified document? 2 MS. RICE: I do object, your Honor. 3 THE COURT: All right. What is your objection? 4 MS. RICE: My objection is to the validity of the 5 numbers issued on these pieces of paper which have 6 absolutely no bearing, no status accounting, and no 7 ability to be verified by a vote. It is simply numbers on 8 a piece of paper, and there is absolutely no ballot, no 9 verification of that vote yields by one piece of paper. 10 THE COURT: Certified by the Director of Election and 11 Registration, and I overrule your objection. 12 MR. HAYNIE: Your Honor, with that -- 13 THE COURT: Go ahead. 14 MR. HAYNIE: With that, we are ready to proceed on 15 whatever basis you want us to proceed. We have the 16 computer systems here. We can pull up this name of this 17 voter or any other voter she wants to supply the Court 18 with today. 19 MS. RICE: Okay. Donna Smith. 20 MR. HAYNIE: May I proceed uninterrupted? We are 21 ready to pull the computer system up. We think there is 22 no grounds to go forward at this point because that -- the 23 certified results show she got votes in every precinct, 24 which means the computers were working. 25 We will, however, if she gives us any names, we will 52 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 run them under the Court's supervision. On election 2 night, we are required to seal these. Chris Lee, with the 3 Sheriff's Department, has had these under his watch under 4 the chain of custody. 5 We are ready to run the system to show the Court; A, 6 it worked; and B, there is no validity to this challenge 7 whatsoever. 8 THE COURT: All right. Go ahead. 9 MR. TEAGUE: We would like to also submit that just 10 on the face of the petition, this should be dismissed. I 11 fail to single out significant facts to bring into 12 question the two thousand, eight hundred and seventy-three 13 votes that Mr. Ehrhart won by. That her allegation of one 14 vote that one person claimed that she didn't see the name 15 on the ballot is not sufficient as a matter of law without 16 having to look at any evidence. 17 That I wanted to give you that opportunity because I 18 think, I think it is a matter of law in what these type of 19 cases proceed is this petition is just improper and 20 faulty. 21 MS. RICE: And I would like to humbly objection, your 22 Honor. Clearly, Mr. Haynie has tendered into evidence as 23 attested and certified by the Board of Education that a 24 vote was received in every single precinct. 25 There is an individual willing to testify they came 53 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 to a precinct, did not see my name on the ballot. That 2 clearly shows the impropriety, fallibility, and lack of 3 status accounting to that vote in that machine, and it can 4 not be questioned. And his evidence tendered alone 5 provides that. 6 THE COURT: All right. 7 MS. RICE: Your Honor, I would submit that it is time 8 to step back from this proceeding for lack of 9 jurisdiction. It is clearly been noted there is a pending 10 motion to recuse, there is also a motion for continuance, 11 and yet each and every issue which Mr. Haynie chooses to 12 present, whether it be evidence of numbers on a paper is 13 being accepted and absolutely no issue is being 14 adjudicated here. 15 I can see the tag team effect of McKenna, Long and 16 Aldridge and the Board of Education, and it is quite 17 apparent that there is absolutely no adjudication of an 18 issue going on here. 19 THE COURT: Now, which precinct was it that your 20 witness said she went to? 21 MS. RICE: If a hearing within convened within five 22 days and the motion to recuse is addressed as is required 23 by law, then the witness will be here to testify and has 24 already agreed to provide a sworn affidavit. 25 So, your Honor, I can't speak to that. I was not 54 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 asked to speak to that. 2 THE COURT: You said you don't know which precinct? 3 MS. RICE: I can not speak to that at this moment, 4 but obviously, it makes no bearing because I received a 5 vote at every precinct, so regardless of which precinct 6 she was in, your Honor, if she did not see my name on the 7 ballot, then it negates the credibility of the vote. 8 There is no question there. 9 THE COURT: Yes, ma'am, but to negate something you 10 have to show a proper number that is going to change it. 11 MS. RICE: No, sir. 12 THE COURT: That is the reason I'm asking you. If it 13 was the -- the largest number of votes came from AB 14 Precinct 1; a total of seven hundred and thirty-four votes 15 were cast. 16 MS. RICE: But that has no bearing because the 17 software and the automated vote has never been challenged, 18 your Honor, so there is no case president on this point, 19 clearly. There is no reliance. 20 But without question, Mr. Haynie has made the most 21 critical point to Georgia voters, and that is that if 22 anyone can object to the totals that he had provided, one 23 person, then it calls into question the entire results 24 that have been certified by Sharon Dunn that has been 25 provided by Mr. Doug Haynie in this proceeding this 55 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 morning. 2 And again, I would assert that a proper motion to 3 recuse has been filed, a request for continuance, and 4 therefore, there is no jurisdiction from the proceedings; 5 and therefore, it can not proceed and it can not go 6 forward. And obviously, there is no point because nothing 7 is being properly adjudicated in accordance with the 8 statute herein referenced. 9 MR. TEAGUE: Your Honor, I believe this -- this is a 10 perfect example of how this petition is faulty because 11 OCGA 21-2-524(8)(a) requires that, "Such other facts as 12 are necessary to provide a full, particular, and explicit 13 statement of the cause of contest as required." 14 MS. RICE: That is correct, and it should have been 15 within five days of the notification -- 16 MR. TEAGUE: This is, this is a motion on the current 17 issue. 18 MS. RICE: -- which did not occurred. This hearing 19 has not been scheduled within five days in accordance with 20 the statutory requirements. 21 Again, a motion to recuse can not be dealt with by 22 the appointee of the individual that has been recused. It 23 can not legally happen and have any legal force. 24 And therefore, I submit that anything that proceeds 25 forward from this hearing is rendered under a lack of 56 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 jurisdiction and void as a matter of law. And that is 2 with regard or without regard to the number of attorneys 3 who had argued or the evidence that Mr. Haynie has 4 provided which clearly calls into question the electronic 5 voting and the ability to account for each and every vote 6 from Georgia voters. 7 THE COURT: What -- I tell you, I am going to do 8 this: I am going to give you five days. 9 MS. RICE: Yes, sir. 10 THE COURT: And you can send the -- and have a brief 11 and send an affidavit of this witness. 12 MS. RICE: Yes, sir. 13 THE COURT: And I will make a decision then. 14 MS. RICE: I appreciate your offer. 15 THE COURT: And I want to commend you on, I mean, you 16 are a very intelligent person. 17 MS. RICE: Thank you, sir. My mother would 18 appreciate that. 19 THE COURT: I'm sincere. 20 MS. RICE: As am I. 21 THE COURT: Ma'am? 22 MS. RICE: As am I. 23 THE COURT: Well I'm -- but you're very intelligent, 24 you express yourself beautifully. 25 MS. RICE: I believe in doing right, sir; that is 57 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 what I was taught and that is whether there is seven 2 lawyers against you or a courtroom that is filled with 3 people who surprised you with six pleadings. And it is 4 what each and every citizen must do. 5 THE COURT: Well, that is the reason that I have 6 given you the five days, and you can file a brief. And 7 let me give you my address. 8 MS. RICE: I appreciate that. 9 THE COURT: And I meant to bring some cards, but I 10 tell you, I was running late because of the traffic and I 11 was hurrying. 12 MS. RICE: I understand that Bartow jog. I 13 understand that quite clearly. 14 THE COURT: I have been late for court in my life, 15 and I just like -- I don't like to be late. 16 MS. RICE: I can appreciate that. 17 MR. HAYNIE: Your Honor, when you have a minute, I 18 would like to say one last thing. 19 THE COURT: Sir? 20 MR. HAYNIE: May I say one last thing when you have a 21 minute? 22 THE COURT: Yes. Go ahead. 23 MR. HAYNIE: When she files the affidavit, we would 24 like for the Court to instruct that person to give us 25 their name -- what else do you need to run this? 58 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 MS. DUNN: The address. 2 MR. HAYNIE: The address. 3 MS. RICE: That comes with the standard affidavit. 4 THE COURT: It will come with it. 5 MR. HAYNIE: And do we need the precinct that they 6 are in? 7 MS. RICE: We can make that happen; that is not a 8 problem. I did note that. Thank you, sir. 9 MR. HAYNIE: We would like that in the affidavit. 10 THE COURT: All right. 11 MR. HAYNIE: We would like -- 12 THE COURT: And I will give you, I will give you -- 13 MR. HAYNIE: Five days to respond. 14 THE COURT: Five days to respond. 15 MR. HAYNIE: And we will then take that name, look at 16 it the computer, and we will submit an affidavit. 17 THE COURT: Now -- 18 MS. RICE: Your address, sir. 19 THE COURT: Ms. Rice, let me say this: That if 20 anything comes up -- 21 MS. RICE: Yes, sir. 22 THE COURT: -- to where that you have some 23 providential cause that you can't get this within five 24 days, I don't want you to discuss the case at all, but I 25 don't mind you calling me. 59 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 MS. RICE: I understand, sir. Thank you. 2 THE COURT: And just say, "I'm sick, I'm not going to 3 be able to do it. I am going to need a few more days." 4 MS. RICE: How about I am arguing seven cases? 5 THE COURT: Ma'am? 6 MS. RICE: How about I'm arguing seven cases all with 7 magical due dates at the same time. It is just amazing 8 how the judicial system works. But I do appreciate your 9 kindness, sir. Could I get your address? 10 THE COURT: I am going to give it you to right now in 11 just a second. 12 MS. RICE: Okay. 13 THE COURT: And my telephone number, and that is my 14 home telephone number. As you know, I have retired. 15 MS. RICE: What part of Bartow are you in? 16 THE COURT: Cartersville. 17 MS. RICE: Inside the city limits? 18 THE COURT: Ma'am. 19 MS. RICE: Inside the city limits? 20 THE COURT: Yes, ma'am. When I first built, I had -- 21 half my lot was inside and half of my lot was outside, and 22 there was a dispute -- 23 MS. RICE: Thank you, sir. 24 THE COURT: -- in Cartersville. And I had one side 25 that wanted to take me out of the city limits because they 60 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 said -- 2 MS. RICE: And that was before that JDA, wasn't it? 3 Before the beer plant got separated, too. 4 MR. HAYNIE: Your Honor, may I, for record purposes, 5 have the Court's authorization once we get the name of the 6 affiant, we would like to get started and open these 7 boxes, upload the system and search it for the precinct in 8 which this voter -- these are under seal and under the 9 Sheriff's watch, and we can not open them without the 10 Court's permission, but we would like to open them -- 11 THE COURT: Well, you have no objection to that, do 12 you? 13 MS. RICE: Yes, I do, your Honor. Any opening of 14 that should be done in full effect of others. It should 15 be available for public review. 16 THE COURT: It would be, and it will be done in your 17 presence. 18 MS. RICE: I would not imagine opening sealed records 19 one lawyer by himself or the Board of Elections would be 20 amendable to most Georgians; that just doesn't seem, but I 21 appreciate your inclusion, and I'm sure Mr. Haynie will 22 submit something -- 23 THE COURT: Well, I want to protect your rights. 24 MS. RICE: I appreciate that. 25 MR. HAYNIE: Judge, do we have the rules, and I would 61 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 expect to get an objection from her, on when we open it or 2 where we open it if she can't be there? Can you order a 3 specific time, place and date? 4 I frankly don't expect that to go smoothly based on 5 where we are today. And if you want to supervise it, we 6 will be glad to -- 7 THE COURT: No, sir, I don't want to supervise it. 8 MS. RICE: I would like to object to the 9 characterization of Mr. Haynie's statements. I have 10 provided this gentleman with cards, e-mails. While as a 11 non-bar member, I am not allowed to e-mail pleadings to 12 the Court. I have made every opportunity to give them my 13 address, my cell number. If they can't get a hold of 14 me -- 15 THE COURT: Yes, ma'am, representing yourself, you 16 have an absolute right. 17 MS. RICE: But I have given them the information, so 18 there is no difficulty in getting a hold of me. Had they 19 chosen to fax me their answer or their pleadings, they 20 could have done so. I would have appreciated it as 21 opposed to having the Sheriff wait five days to serve me 22 in front of my neighbors, and it would have been much more 23 beneficial to the proceedings here today. 24 So Mr. Haynie, you are welcome to fax or communicate 25 in any manner that is convenient for you and expeditious 62 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 manner, and I would be more than open to that from any 2 member of the court. 3 MR. TEAGUE: Your Honor, I have one last point. I 4 would like to just -- to clarify for you that our position 5 is and I am -- if we can clarify through the evidence that 6 this is -- there is no basis for overturning the 2003 -- 7 THE COURT: Frankly, I don't see where -- I don't 8 know. 9 MR. TEAGUE: But I want to -- 10 THE COURT: I don't see where it is going to be 11 necessary to open those. 12 MR. TEAGUE: Even if you get an affidavit that says 13 that this woman didn't see Mr. Ehrhart's name, I believe 14 that you can still dismiss this case at that very moment. 15 THE COURT: Well, when you get -- 16 MR. TEAGUE: That is our point, Judge. 17 THE COURT: We got the precinct, and she received, 18 like I said, she received votes in every one, but I just 19 don't see where -- but anyhow, we will -- I am going to 20 give her an opportunity. 21 MR. TEAGUE: Yes, sir. 22 THE COURT: I think she is dedicated in what she is 23 doing, and I want to give her every courtesy that I can. 24 MS. RICE: I appreciate your kindness, sir. 25 MR. HAYNIE: Thank you, your Honor. 63 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 THE COURT: All right. 2 MR. TEAGUE: I will get that order to you. 3 THE COURT: Now, what I want y'all to do is go clear 4 the traffic. 5 MS. RICE: Hopefully that is already done. Time has 6 a way of doing that, doesn't it? Thank you, your Honor. 7 THE COURT: You know, I -- I tell you right now you 8 just get to where -- I want to be sure that -- I don't 9 want to get any of these pleadings. I think -- check 10 these pleadings up here and if you have anything here, 11 y'all check them because I don't want to walk out with 12 them. 13 Now, I meant to bring my card up here. You have my 14 address? 15 MR. HAYNIE: Yes, sir, we wrote it down; yes, sir. 16 Thank you. 17 MS. RICE: You don't need these copies? 18 THE COURT: Ma'am? 19 MS. RICE: You don't need these copies? 20 THE COURT: No, you -- what you think I'll need, you 21 can send me with your papers. 22 MS. RICE: Well, I did leave this as a courtesy copy 23 for you. 24 THE COURT: Oh, this is mine? 25 MS. RICE: Yes, sir, I gave you these copies this 64 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 morning first thing. 2 THE COURT: Well, I will put it right here. I 3 thought that was something from the original file. 4 MS. RICE: No, sir. 5 THE COURT: I am sort of bad with these papers. 6 MS. RICE: Oh, it happens to all of us; the more you 7 juggle the more it happens. 8 THE COURT: This is mine. 9 (Whereupon, a recess was called at 11:10 a.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY 1 C E R T I F I C A T E 2 3 G E O R G I A: 4 COBB COUNTY: 5 I hereby certify that the foregoing 6 proceedings were taken down, as stated in the 7 caption, and reduced to typewriting under 8 my direction; that the foregoing pages 1 9 through 65 represent a true, correct, and 10 complete transcript of the evidence given upon 11 said hearing; and I further certify that I am not 12 of kin or counsel to the parties in the case; I am 13 not in the regular employ of counsel for any of 14 said parties; nor am I in any way interested in the 15 result of said case. 16 This certification is expressly withdrawn and 17 denied upon the alteration, disassembly, and/or 18 photocopying of the foregoing proceedings, including 19 exhibits, unless such is done by the undersigned 20 official court reporter and the original signature 21 and raised seal is attached thereto. 22 This, the 17th day of August 2006. 23 ______________________________________ 24 ALISON C. JORDAN, B-2297 My Commission Expires March 31, 2007. 25 66 TRANSCRIPT COPY SUPERIOR COURT OF COBB COUNTY