Posted by The 2008 election cycle saw more action than recent presidential election years, including three legitimately competitive congressional elections for the first time in a decade, as well as razor close margins in the Supreme Court and PSC races. Most of the political activity in 2009 will consist of posturing with an eye toward the 2010 elections. However, there will be a few sideshows to give political junkies their fix in 2009.
The earliest will be the filling of the vacancy on the Court of Criminal Appeals left by Greg Shaw’s ascension to the Supreme Court. Criminal Appeals is not the most glamorous appellate panel, but it is one of a limited number of statewide judicial positions and often a springboard to higher office (just ask Shaw or Chief Justice Cobb).
Bob Riley, alone, will determine who fills the remaining four years of Shaw’s term. Most likely the choice will be made quickly, and it would be wise to keep an eye on the following:
Jim Main – The budget director is probably the most influential appointed official in state government, but with Riley now a lame duck Jim Main is probably looking toward his next step. Main wanted to make the jump to elective office in 2008, but his campaign for Supreme Court never made it out of the backrooms, as Greg Shaw was the “chosen one” by the usual suspects of the Republican business lobby. Main’s distant connections to the plaintiff’s bar has always caused BCAs and ALFAs some heartburn but the governor clearly doesn’t share such concerns. Perhaps with a few years on an appellate court under his belt, Main could demonstrate his conservative bonafides and secure backing for a future promotion to the Supreme Court. After passing over Main for Attorney General and Chief Justice appointments already, many believe Riley will give Main first crack at the Shaw vacancy.
Chris Mixon – Mixon’s first exposure to the general public was as a candidate for the Court of Criminal Appeals in 2008. When he entered the race, many viewed Mixon as the candidate of the business wing of the Republican Party and expected such support to carry him to victory. But something funny happened on the way to the coronation. Mary Windom jumped into the race late in the qualifying period and rode her name ID and funding advantage (aided in no small part by her husband) to a strong primary and general election win. The Shaw vacancy provides an opportunity for Mixon (and his backers) to put his judicial career back on track, with only a minor detour. Shy of 40 years of age, Mixon represents a new generation and potentially could help carry the banner of business conservatives on the Criminal Appeals Court and beyond for decades to come. If Main passes or Riley prefers a more forward-looking appointment, expect the emergence of a Judge Mixon.
Leura Canary / Alice Martin – Either U.S. Attorney would be a strong choice on paper and both should be looking for new employment as the Obama era dawns. Both women would of course bring baggage that need not be detailed here, but if he’s willing to stomach a few days of a media firestorm and alienating Canary/Martin critics (mostly but not exclusively on the left) Riley could certainly appoint either with minimal damage to his own administration. Many politicos believe there is a slight gender advantage for female candidates, especially in lower-profile down ballot offices like court races, and with four years under her belt before they face the electorate it wouldn’t be wise to bet against either woman meeting with success at the ballot box. Make no mistake, it is a long shot that either Canary or Martin gets the nod but neither should they be ruled out. With little to lose as he faces a lame duck stage in what he says will be his last elective office, Riley might roll the dice and make the choice he wants – critics be damned.
Obviously, there are many other solid Republicans from which Riley could choose, either from the legislative, judicial, or partisan arenas. The list above is not much more than pure speculation, but any discussion must include (but not be limited to) the names previously mentioned.
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It will be Jim Main. Riley only appoints people to statewide posts from within his office
What about Twinkle? Her utter lack of qualifications should not be a hindrance.
How about one of the Republican judges from Jeffco or Montgomery who won’t be able to win election given the voting trends?
Judge Bill Shashy is the only Republican in Montgomery and he was beaten soundly in the primary for Court of Civil Appeals a few years ago. I doubt he will be in consideration. Judge John Bush of Elmore County has expressed serious interest and has been garnering a great deal of behind the scenes support. He is one of the most senior Circuit Judges in the state, having served since the early 80s. With the current composition of the court, someone with experience in the area of criminal law is absolutely necessary. Main would be a great choice, but for his lack of experience in criminal law.
One dark horse candidate is Will Sellers. He’s been active in republican party politics. He handled some criminal matters and as more experience than Jim Main.
I would think Sellers is too close to Kay Ivey.
And I believe John Bush was the villian du jour for Bill O’reilly a few years ago b/c Bush let a murderer or molestor out early. Seems like some serious baggage.
I think Sellers would be a great choice. I have met him twice and both times was impressed with him. He was the United Way chair and like I said I was extremely impressed when I met him.
To Fo-Fiver- A couple of problems inherent in your logic.
First, I agree that Shashy won’t be appointed by Riley, but not because “he was beaten soundly in the primary for Court of Civil Appeals a few years ago”. In fact, Judge Terri Willingham Thomas, who went on to win the Republican runoff only beat him out for second in the primary by 29.6 to 29.0, although there was an initial misreport of votes in Tuscaloosa County that showed Thomas getting 30,000 additional votes. (If that had actually happened more than twice as many people would have voted in a Civil Appeals race than voted for Governor between Riley and Moore!)
I think it is probable that if Shashy had edged Thomas rather than the other way around, he would probably be on Civil Appeals now, since the other candidate seemed to lose steam when the Roy Moore vote did not turn out in the runoff. Back to the original point, the reason Riley won’t appoint Shashy is Shashy has ruled against the Governor’s position on some cases lately, so I cannot think that would have earned him many points with the administration.
Secondly, the problem with thinking Main gets the appointment is that Riley has to be concerned – at this point in his second term (approaching lame duck status), with an almost unprecedented budget crisis on his hands – who would take the job that could even keep the editorial boards somewhat happy with the “world class quality of the cabinet appointments” that we always hear about?
Will Sellers’ bio on his firm’s website says he is a tax attorney and makes not one mention of criminal law experience. Nice try, Will:
WILLIAM B. SELLERS is a Partner in the firm’s Montgomery office. He maintains a general business practice with an emphasis on taxation, business organizations and finance. Mr. Sellers has represented numerous counties and municipalities in their tax-exempt financings, as well as public and private companies in mergers and acquisitions. Mr. Sellers has experience in the areas of tax-free exchanges of real estate, estate administration and business planning. He is a member of the firm’s Lending and Credit Practice Group.
He has successfully litigated cases against both the Internal Revenue Service and the Alabama Department of Revenue. Mr. Sellers is an active member of numerous civic organizations and professional associations. He is active in Republican politics having worked in the George W. Bush presidential campaign. He also advises state and local officeholders concerning campaign finance and related issues.
PROFESSIONAL ACTIVITIES
* Legislative Task Force, Chamber of Commerce, Chairman, 1993
* Business Council of Alabama, Chairman, Tax Committee, 1997-99
* Second Chance Foundation, Chairman
* 21st Century Leadership Project, Chairman
* Montgomery County Republican Club, President
* White & Johnson Foundation, Treasurer
* Trinity Presbyterian Church, Treasurer, 1998-99, 2001-02
* Montgomery Area Chamber of Commerce, Director, 1998-99
* Friends of the Archives Board, Director, 1997-2002
* Montgomery Rotary Club, Director, 2000-02
* Montgomery Area Committee of 100, Director, 1999-2002
* Montgomery Area United Way, Director, 2000-02
* National Association of Bond Lawyers
* American Council on Germany, Member
http://www.balch.com/wsellers/
Is Will Sellers promoting himself? ha
Will is not the man…….. I agree with Main, Martin, Mixon, or Canary….
Jefferson County has some excellent, experienced criminal judges who would serve well on the Court of Criminal Appeals. Judge Teresa Pulliam, Judge Virginia Vinson, or Judge Sonny Ferguson would all do well.
Another excellent possibility would be Judge Eric Fancher of the Bessemer Division. Judge Fancher leads the circuit in disposal of cases, is an extremely hard worker, and is an intelligent and thoughtful man. Judge Fancher is probably the only black Republican elected in the state. Judge Fancher is a strong Christian gentleman and a solid conservative. Fancher’s personal story is amazing, as a poor fellow who worked his way through college and law school. This white boy would gladly support Judge Fancher for a full term in 2010. If not, I will heartily endorse him for re-election in 2010.
Will Sellers may run for Mayor of Montgomery. But his wife Lee is interested in being the judge.Her resume is even stronger.
Pulliam has some real weak kneed ruling as of late, Vinson or Ferguson would result in a Democrat Judge being appointed as the Jeffco replacement (Bham Division has a Judicial Committee)
Fancher would be a good choice, if he wanted to spend that much more time away from his family
sellers would get his tail handed to him if he ran for mayor of montgomery. that’s even sillier than the notion of him being appointed as judge.
Main has been doing the hard work for Riley. Riley should reward him with the appointment. After all, Twinkle is in the Finance Department — in line and waiting to replace Main.
Main has the ego that’s for sure……
I am sure with all of his Trial Lawyer background’he would be fit into the “world class” mold. I am sure Twinkle also fits into the “world class” mode. I am sure that another appointee, Troy King fits into that same “world class” mold. Yep, looks like a bunch of winners to me……
I think Fancher would be an excellent choice and it would put the issue of Riley only appointing white males to a rest. Fancher is qualified both in the judicial arena and the character model. It would be a great opportunity to show that the Republican Party has talented minorities and will appoint them to the higher tier levels.
Main will be appointed to the Court of Criminal Appeals. The new finance director will come from within the governor’s cabinet but will not be Twinkle Andress Cavanaugh.
#18, while not rocket science, is most likely correct. Don’t see how twinkle could be viable as finance dir. Her past contains instances of poor money management, i.e. As party chair
What about Ken Wallis? He is chief legal counsel for the Guv. His legal resume is extensive and he seems to be a good man to top it off.
Watch out for Wallis.
Ken Wallis would be an outstanding choice
If Ken Wallis wants it, then it is his. He has been one of Riley’s most effective aids. Very behind the scenes but well respected, honest and well liked.
Wallis is on the old side. Judges can’t even run if they are over 70, so I am not sure Wallis could do any more than serve out Shaw’s term.
Sonny Ferguson has made some terrible biased unilateral rulings as of late. He needs to step down from his current position before he does any more damage.
Ferguson has made some perverted decisions. I refer you to savemarysavannah.com. Ferguson is either a pervert or an idiot.
The two top lawyer associations are praying that the Honorable Sonny Ferguson will want to run on the appeal court. I have known Judge Ferguson for years; he is the best judge for the job. He is honest, fair, and gets along top notch with all of the lawyers. He can see through all of the nonsense that people present at court.
Yes, I agree about Judge Ferguson. I am encouraging the powers that be that he is appointed.