As NAPPS continues to grow, so does its list of accomplishments. We've experienced some notable victories this past year. These successes have benefited not only our members, but all private process servers.
Department of Justice contract
The foremost accomplishment was the final realization of a dedicated effort that began 10 years ago to privatize the service of documents received in the Unites States from foreign countries. Previously, all those services - estimated to be approximately 7,500 treaty and non-treaty documents - were served by the U.S. Marshals' Office. Soon, however, those documents will be served by private process servers.
The DOJ contract for serving these documents was awarded in October to ABC Legal Services, Inc. of Seattle. The implementation of the award has been held up due to the filing of an appeal by APS International of Minneapolis. The decision on the appeal, which will be made by the U.S. Government Accounting Office, is expected to be released by March or April 2003.
Georgia PI Bill Defeated
The defeat of House Bill 1065 was a major victory for process servers in Georgia, a state that requires process servers to be specially appointed by the court. Although passage of this bill would have benefited licensed private investigators, it would have been a total disaster for process servers. It would make it much more difficult for process servers to get special appointments and would have effectively turned over the industry to persons not trained as process servers.
Paul Tamaroff, a Georgia lawyer and former president of NAPPS, personally carried the ball in getting this bill defeated. His testimony before the legislative committee, supported by an articulate brief, was sufficient to derail a bill that was introduced - and vigorously supported - by the chairman of the committee.
Big Victory for Tennessee Process Servers
After years of dogged effort, the Tennessee Association of Professional Process Servers (TAPPS) finally pushed the ball over the goal line, when it successfully removed the sheriff as the licensing authority for persons serving process in General Sessions Courts. The new law permits these services to be made by "any person who is not a party and is not less than 18 years of age."
New Jersey Rule Change for Out of State Service
The 1999 success of the New Jersey Professional Process Servers Association (NJPPSA) in getting the Supreme Court to remove the antiquated requirement that a process server must be specially appointed to serve original process, was followed this year by another rule change which effected the service of process outside the state.
In effect, this new rule permits New Jersey process to be served in another state by any competent adult. Previously, the papers were required to be served by a "public official" or an attorney. The New Jersey Association wrote extensive briefs and letters and campaigned arduously to change this rule to conform with the previous change in 1999. The Court, however, chose to couch it in language that is not easily interpreted on casual reading. Nonetheless, the change has been made and will save New Jersey process servers much grief in serving process out of state.
Suffolk County (NY) Licenses Process Servers
The Suffolk County Legislature has adopted a local law to license all process servers who serve process for a fee within the County of Suffolk. The law, however, will not take effect until July 2003.
Initial passage of this law came surprisingly fast and without any real input from the New York State Professional Process Servers Association (NYSPPSA). There were many process servers who opposed the excessively stringent requirements of the law and its high entry fees. But these excesses have been substantially modified as result of a solid working relationship between the principals of NYSPPSA and Maxine Postal, the author of the law. Ms. Postal, for example, has recommended to the Suffolk County Legislature, that NYSPPSA be the entity to devise and conduct the educational program, and Vincent Gillis, NYSPPSA President, has been named to help write the operating procedure for the Suffolk County Process Serving Licensing Board.
Personal Note
I, too, had a personal victory this year. At the CAPPS Conference in Anaheim, I was awarded the Bert Rosenthal Memorial Award. The work I do for NAPPS and the process serving industry is not to gain titles and awards but I confess I am eminently proud to have received this prestigious award. I cherish the honor and wish to thank the Rosenthal Award Committee and its chair, Connie Melvin, for putting me in the company of such esteemed recipients.
I must end this now as the nurses are coming to get me to prepare me for cardiac bypass surgery. No, I did not have a heart attack, but an examination revealed that I had some blockages that would soon become a problem. The doctors, my family and I decided to get the whole thing over and done with during the holidays. I have a lot of work to do and I want to be able to start the New Year at the top of my game!
Post note: Mr. Crowe has made a full recovery and is now back to work.
