Tom Parker Loses Appeal

The ballot remains the same in the GOP primary for Supreme Court Justice, Place 3.

Supreme Court Justice and candidate Tom Parker had sued to get GOP challenger Eric Johnston taken off the ballot, citing two disclosure statements that Parker maintained were not timely filed which, Parker also maintained, should have barred Johnston’s name being certified for the ballot. At the trial level, the judge ruled in Johnston’s favor, holding that the disclosures were timely. Parker appealed to the high court.

The specially-seated Supreme Court* (all of Parker’s colleague justices recused) unanimously sided with Johnston but didn’t touch the matter of timely or untimely disclosure statements.  Instead, they looked to a motion Johnston made at the trial level which was never ruled on below: that the trial court did not have subject-matter jurisdiction to hear the suit in the first place.

From its opinion released today (.pdf):

Alabama Code 1975, s 17-16-44, sometimes referred to as the “jurisdiction-stripping statute,” severely restricts a court’s jurisdiction to hear actions challenging the conduct or results of elections.

[...]

(Parker’s) lawsuit implicates the jurisdiction-stripping statute because it seeks to impact the “conduct” of the June 1, 2010, Republican primary election by having the court either remove the name of one of the candidates, Eric Johsnton, from the ballot or instruct the Republican Party not to canvass votes cast for Johnston.

While the trial court reached its decision on the merits of the case, the Supreme Court unanimously held there was no subject-matter jurisdiction from the outset, so it vacated the ruling below and dismissed Parker’s appeal.

______

*Justices Torbert, Kennedy, Harwood, Suttle, Stewart, Tompkins and Capell.

Related Articles:

10 comments to Tom Parker Loses Appeal

  • RealRepub

    Not surprising that Tom Parker and his lawyer, Al Agricola didn’t know the law! You should always read the statutes BEFORE you file a lawsuit boys! It saves time and money unless you just wanted to get some free media coverage all along in which case you should pay costs for filing a frivolous lawsuit. I hope this idiot loses. Houts or Johnston gotta be harder working and smarter than Tom Thumb Parker.

  • bill harris

    Parker needs to stop whining. If he hadn’t put out the word that he wasn’t going to run for reelection, none of this would have happened. Eileen Jones of WSFA in Montgomery asked Parker point blank if he told Johnson he wasn’t running and Parker refused to answer. Parker has been telling church folk that he is God’s annointed and that his opponents are in sin for raising their hands against him. If that’s not proof that he’s been in office too long I don’t know what is. Perhaps the Reverend Justice Parker should contemplate on the sin of pride.

  • Lee

    parker=king

  • Regular Alabamaian

    This is silly. Tom Parker has been the kind of independent judge that our courts need. He isn’t bought and paid for. Eric Johnston is the candidate of the oil companies like BP and Exxon. If you don’t think the oil spill is good for our beaches, vote for Parker.

  • Bill harris

    Regular, that is the dumbest comment I’ve seen on Docs in a long time. The idea that any candidate of either party is some how in favor of polluting the beaches is just plain stupid. The problem with Parker is that he just doesn’t work very hard. Two opinions a year is pretty sorry. The other judges arent very enthusiastic about doing Parkers work for him. He’s not independent,he’s lazy. On his 10 day report, all his donations were from PACS except one. He took tens of thousands of dollars from 13 separate PACS all of which listed Fine and Geddie as their directors and all thirteen PACS had the same address. No candidate who gets all his campaign money from one lobbyist is “independent.” Parker also seems to have forgotten the 9th commandment. His adds claim that “liberals” are spending millions to unseat him. What crap. No one is spending millions in this race and so far the biggest spender is Tom parker. If you believe that Fine and Geddie, Parkers money men, are conservatives or tea party supporters, I’ve got a one owner used oil platform in the gulf I’d like to sell you.

  • anonymous

    If you follow Regular Alabamaian’s logic isn’t Parker the trial lawyer’s puppet? They poured big money into his campaign at the end of his last election.

  • EarlfromMontgomery

    Bil is 100% right. Tom is and always has been as dumb as a hoe handle and even more lazy. The biggest joke to ever sit on the court and that is saying a great deal. Someone has always been out to get him ( at least in his own pea sized brain).If you don’t pay your master(s) back bad things will happen.

  • Richard Voss

    Thanks for all the commentary, folks. Now I know for whom to vote. I’ve compared Houts and Johnston. Both are good, and I’d vote for Houts in a heartbeat if it were only between him and Parker. But I think Johnston is smarter and more reflective, and he has rich experience, including in the drafting of statutes, which I think is important. Johnston is evidently also scarier to Parker than Houts is. Maybe there’s a good reason. My vote is for Johnston, but I wish Houts the best.

  • Bobo Smith

    HA HA HA. Clearly no one cares what you people think. GO TOM!

  • Regular Alabamaian

    Parker and Bolin both won. Just goes to show you what idiots there are out there. Both Parker and Bolin are bought and paid for.

Legislative Dispatch

A Look from the Rearview Mirror

This Thursday will mark the last day of the legislative Session.  For some, it was a Session that seemed would never end.  For others, it was one that ended much too quickly.  It may be early, yet, to write an obit on this Session, but as we approach the finish line, some perspective may be in order.

[...]

Putting Students First

As you know, a very important piece of legislation will be presented for our consideration in the House tomorrow in Montgomery – Senate Bill 310 – the “Students First” tenure and fair dismissal reform bill. Like me, many House members have been inundated with phone calls and emails from opponents of this bill, and some have been [...]

Legislative Transparency

There are a lot of issues to debate before we begin the final days of this session. In fact, I am quite certain there will be some comments on this post debating many of them. Before we get into the last seven day of the session I wanted to bring up a topic that [...]


See more Recent Small Town News