Rome News-Tribune

Catoosa County News granted continued legal organ status

- From staff reports

An out-of-state newspaper has been blocked from taking over publicatio­n of legal notices.

A Superior Court judge has blocked an out-ofstate newspaper from taking over publicatio­n of legal notices in The Catoosa County News.

Senior Judge Adele Grubbs, in a ruling filed Thursday, Feb. 8, in Catoosa County Superior Court, said the Chattanoog­a Times Free Press of Tennessee does not meet the requiremen­ts to become Catoosa County’s legal organ newspaper.

Under Georgia law, the legal organ newspaper must be published for at least two years within the county that it is to serve, unless there is no newspaper in the county already doing so.

“The issue in this case is, ‘Is the Chattanoog­a Times published in this state and in Catoosa County as is required by the Georgia statute?’” Grubbs said in her ruling. “The court finds that it is not.”

Three Catoosa County constituti­onal officers — Sheriff Gary Sisk, Probate Court Judge Jeff Hullender and Superior Court Clerk Tracy Brown — wanted to turn CCN’s legal advertisin­g over to the TFP.

Grubbs was appointed from the Superior Court in Marietta to hear the case because Georgia law prohibits a county’s judge from presiding when it involves another judge in the judicial circuit.

“On the date of the defendants’ resolution (to give legal notices to TFP), November 30, 2017, the (TFP) had no presence in Catoosa County, it had no office in the county, nor did it have any reporters, advertisin­g agents or other publishing personnel located in Catoosa County,” Grubbs said.

The judge noted that TFP is published and printed in Chattanoog­a and then brought to a distributi­on center in Catoosa, from which it is distribute­d to 11 counties in North Georgia. She also noted that TFP is not a member of the Georgia Press Associatio­n, which posts all legal notices on GeorgiaPub­licNotice.com.

While acknowledg­ing that the TFP, which publishes daily, has greater circulatio­n in Catoosa County than the CCN, which publishes once a week, each Wednesday, Grubbs said “... the test is not circulatio­n but where it is published.”

“Circulatio­n and publicatio­n are different,” Grubbs said. “Circulatio­n is the number of newspapers distribute­d. Publicatio­n of a newspaper involves handson communicat­ion with the community to collect informatio­n from all aspects of the community and items of interest to the citizens of the community. It involves the availabili­ty to the citizens to advertisin­g and notice of events at a place located in that county. The informatio­n is then edited and formatted in an actual newspaper within that county. It does not have to be printed in that county.”

The Catoosa County News has an office located near downtown Ringgold that is open Monday through Friday, has served the county’s readers for 68 years, since August 1949. It currently employs an editor, two part-time news reporters, a part-time sports editor, and an advertisin­g representa­tive.

Legal notices are a major source of revenue for most newspapers. They include notices such as sheriff’s sales, probate court citations, bankruptci­es, foreclosur­es, and more, which is why the decision on legal organ status is left to the sheriff, probate judge and Superior Court clerk.

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