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Former clerk with dementia still seeking reinstatement

Former Superior Court Clerk Linda Carter, who claims she was tricked into resigning during a period of dementia, is still fighting to regain her old job.

In an affidavit filed earlier this month, Carter stated that she is under medical treatment for a condition that causes temporary episodes of dementia.

“I am generally able to comprehend my surroundings and to understand the consequences of my actions,” Carter stated.

In March, Gov. Nathan Deal’s office received a letter of resignation which purported to be from Carter.

“Effective at five o’clock p.m. on March 24, 2011, I resign the Office of Clerk of Superior Court of DeKalb County,” the five-sentence letter stated. “It has been a great privilege to serve in this capacity for over ten years.”

Debra DeBerry, Carter’s chief deputy clerk, was named to the fill the remainder of the position’s term.

Lee Parks, Carter’s attorney, has said the former clerk is being treated for the early stages of Alzheimer’s disease.

As clerk, Carter stated that she was able to carry out her job “with reasonable accommodations, which included a mutual understanding with my senior staff that, during episodes of dementia, my senior staff members would serve as delegees for my duties.

“I believe that I could continue to perform my elected duties as clerk of Superior Court with or without reasonable accommodations,” Carter stated.

In one court document, Parks stated that “a letter of resignation is invalid to relinquish a public office unless said letter was executed with intention to relinquish the public office.

“Furthermore, an invalid letter of resignation does not create a vacancy of office; therefore, an order by the governor appointing a non-elected person into such office is void upon its face,” Parks said.

Carter has filed a petition for quo warranto, a legal maneuver in which DeBerry would have to prove her claim to be the rightful holder of the office of Superior Court clerk. In the petition, Carter claims “she was removed from that office in a fraudulent and unlawful manner by being induced to sign a document that she did not know” was a resignation letter.

Carter has also filed a petition for writ of mandamus to compel the official recognition of her status as the rightful elected clerk.

In a response to that petition, DeBerry’s lawyers argue that Carter should not be reinstated because her “dementia and her inability to understand the consequences of her actions would subject her to removal from office because of her mental incapacity.”

DeKalb Superior Court Judge Daniel Coursey is expected to address the motions during a hearing on July 26.


Comments (9)

Disgusted Dekalb Resident
Said this on 8/9/11 At 12:02 pm
I am constantly looking for updates on this case. I am on the fence regarding having someone with dementia serve as Dekalb's clerk of Superior Court. However, I am outraged at the deceptive trickery used to get Linda Carter out of her job. Rick Setser and Debra DeBerry should both be removed from their jobs.
Falstaff
Said this on 6/29/11 At 10:58 pm
So sad. She is really a nice person. Hate to see someone spiral downward like this.
Said this on 6/29/11 At 04:56 pm
unfortunately, it isn't only Linda Carter that has dementia, it is the whole county government that has it, and this is why the county is in the shape it is in.

There is no other reason why the county is in the finanical mess that it is in, and that is the simple way of putting it !!!
JerryMyer Jackson Jr
Said this on 6/29/11 At 08:52 am
"As DeKalb Turns" = No where else in America = Only in DeKalb County, Georgia = Why ? Why ? Why ?
brad
Said this on 6/28/11 At 08:13 am
The scary part is that, during her dementia she is probably more competent and aware of her responsibilities, than half the staff I have encountered. Look at DeKalbs' track record! Try evicting a dead beat tenant, now that's cause for concern!
Robert
Said this on 6/26/11 At 04:39 pm
Jay, You sound like you know people who work for the county or are you just basing your comments on the past track record for DeKalb County?
Robert
Said this on 6/26/11 At 04:38 pm
And what's to keep her people from making decisions that are bad for DeKalb during her periods of "dementia" and her getting the blame for it?
Jay
Said this on 6/25/11 At 04:20 pm
DeKalb County government is so full of drama! Bribes, stealing, lying, racial discrimination, sexual harassment, and all around general incomptence. My guess is Linda Carter wants to hang in there for some financial benefit. Probably something to do with her retirement.

Actually I don't see what the problem is. It seems like a lot of people in county government don't know what the hell they're doing half the time. At least Linda Carter admits it and has an excuse.
Interested Reader
Said this on 6/24/11 At 12:47 pm
My thought is that why would she insist on being employed where they obviously don't want her? Is she being honest with herself about her level of functioning? It seems outrageous to me that someone who has periods of dementia would even consider for one moment trying to continue working in an important legal environment where others (her staff) would basically have to cover for her. If she has periods of dementia, even if it's one or two a year, it's time to move on! I'm sure it's hard for her to adapt to this idea but she really needs to pop a clue. Clerk of Court errors would impact other peoples' lives, and it's selfish of her to be willing to risk that.

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