Alabama Politics in
Doc’s Political Parlor
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On the same day that Roy Johnson pleaded guilty to 15 counts involving bribery, conspiracy, money laundering, witness tampering, obstruction and fraud related to his tenure as chancellor of the 2-year college system, Judge Johnny Hardwick in a separate case ordered the Alabama Board of Education to continue use of a practice allowing legislators to use flex-time to serve in the legislature.

Helen Hammons gives Parlor readers a first-hand account of the proceedings in Hardwick’s courtroom.

The ongoing war over whether or not legislators will be allowed to continue to work for the two-year college system and in the Legislature at the same time had another skirmish in Montgomery County Circuit Court on Monday when attorneys for legislators Blaine Galliher, Terry Spicer, Laura Hall and other plaintiffs and attorneys for Governor Bob Riley, Chancellor Bradley Byrne and the state Board of Education locked horns with each other.

Circuit Judge Johnny Hardwick gave both sides a hard time and even threatened to bring the college presidents into the suit during a heated exchange with defense lawyer Stephen Fitts about unpaid leave requests supposedly submitted to college presidents.

(more…)

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Alabama won a $215 million judgment in a suit against a drug company brought by AG Troy King in which the state was represented by Jere Beasley. “‘A grave misjustice has been righted,’ Alabama Attorney General Troy King said after hearing the verdict.”

Right wing Troy King and trial lawyer Jere Beasley? Not sure if that is the first or second most unusual pairing involving King, so I went to a legal guru who explained it to me:

Here’s the real background: These kinds of cases have been and are being brought by a bunch of states. In order to persuade a state to sue you have to convince the Attorney General to file suit. Several plaintiffs firms are handling these cases around the country. The traditional plaintiffs firms couldn’t even get a foot in the door with Troy King. So up steps the Hand Arendall firm out of Mobile. They are a silk stocking old line defense firm with very strong Republican roots. They got Troy on board and then associated Beasley to actually try the case (although Hand lawyer Caine O’Rear took a very active role in the case). I don’t believe that Beasley could ever have gotten Troy to go forward with these cases without Hand Arendall’s political connections.

And now we know.

The drug company, AstraZeneca, “is one of more than 70 drugmakers King sued in 2005 over drug prices for Medicaid recipients,” according to the AP story. AstraZeneca intends to appeal to the Alabama Supreme Court.

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Following up on the matter of the suit challenging the constitutionality of the recent special election in District 1 of the Jefferson County Commission…

The state Supreme Court issued a unanimous order (available here in pdf file) returning the case to Judge Scott Vowell for a hearing on “the merits,” considering whether the Local Act is constitutional and whether that statute actually permits piggybacking the county special election onto a presidential preference primary as it was on Feb. 5.

The injunction blocking certification of the election results remains in place.

NBC13.com:

The dispute is over the seat vacated by Larry Langford when he won election as mayor of Birmingham. At that time, Gov. Bob Riley appointed George Bowman to fill the seat.

But county residents disputed that move and sued, citing a local law calling for an election. That vote was held Feb. 5, with William Bell coming out on top.

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State Finance Director Jim Main (R) has decided not to run for the Supreme Court seat opened up by Harold See’s retirement. I suppose no one is more appreciative of Main’s flirtation with candidacy for this position than Arthur Ray.

Main’s full statement, released this morning, is below.

(more…)

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Update: Some details of this post have been corrected.

The Parlor has learned that the Alabama Civil Justice Reform Committee today endorsed Judge Greg Shaw of the Alabama Court of Criminal Appeals as their candidate for next year’s state Supreme Court race. The ACJRC met this morning with Republican candidates Shaw and Jim Main, State Finance Director.

While this trade association supported Gov. Bob Riley in 2006, they are parting ways for this race, as indications are that Riley backs Main. Indeed one insider has told me that “Main will get whatever help he needs from the Governor.”

FWIW… I hear that Johnny Adams (of the Alabama Poultry & Egg Association) and Billy Canary (of BCA) asked this morning that each of the member boards be allowed to interview each candidate, but they were overruled. John Pudner (of ALFA) and Matt McDonald led the opposition to that proposal. Former State Bar Association President Douglas McElvy has been mentioned as a possible candidate for the race, but he did not speak to the ACJRC this morning.

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Criminal Appeals Court Judge Kelli Wise laid it out for the Associated Press pretty much like it was laid out for me in the Political Parlor six weeks ago: Wise will not run for the Supreme Court now that Gov. Bob Riley appointed her husband Arthur Ray to be a Montgomery County District Judge.

Riley supports the candidacy of his Finance Director Jim Main, but people on both sides of the aisle have noted that Riley support hasn’t meant much in the past. Wise out of the race smooths the path for Main a bit, but only a bit as Greg Shaw is preparing for a run.

And again, whispers (loud whispers) are that some of the GOP faithful are not eager to line up behind Main, Riley’s blessing or not. In fact, Shaw may not fit the bill either, as there is talk that Montgomery attorney and former State Bar Association President Douglas McElvy may run and be a more attractive candidate to business leaders.

Riley no doubt wants to help a loyal friend in the Supreme Court race; shedding the “no coattails” label would be a bonus. On the other hand, the Governor’s involvement in a primary race for a losing candidate in this year’s special election for Senate District 32 started tongues clucking. Given that, how public and hands-on will Riley be in the Supreme Court primary race?

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Judge Greg Shaw is telling people that he is considering a run for the Alabama Supreme Court seat being vacated next year by Harold See. Shaw was re-elected as a Republican last year to the Alabama Court of Criminal Appeals.

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Multiple sources are telling the Parlor that Governor Bob Riley’s appointment of Arthur Ray to a Montgomery County District Judgeship means that we will not be seeing Ray’s wife Kelli Wise run for the Supreme Court next year. The idea is that Ray would not otherwise be a top choice for the position, but that Riley is trying to help the Supreme Court candidacy of Jim Main, Riley’s Finance Director.

This may be a win all the way around for Ray, Wise, and Main, as the word heard here is that Wise was not enthused about a run for the Supreme Court. Republican Ray will face a re-election challenge in ‘08 from Democrat Jimmy Pool who has already announced his candidacy and is expected to run strong in Montgomery County where he has served as the county Democratic Party chair.

The Alabama Civil Justice Reform Association (ACJRA) is said to be not-so-thrilled with the idea of Main on the Supreme Court, preferring a justice more in the mold of retiring Justice Harold See, who is decidedly pro-business.

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Eleven candidates applied to be considered for the Mobile County Circuit Judgeship vacated by Herman Thomas.

That train pulled out of the station without state Senator Ben Brooks. (If we can learn more, I’ll pass it on.)

Governor Bob Riley has 90 days to appoint one of three choices recommended by the Mobile County Judicial Commission.

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I have figured that someone knows more about this story than is being told, but I haven’t heard it even as I have watched the story continue to unfold.

Jump into the story where ever you can. It involves a Republican Judge (Dan King) “charged with 56 counts of tax, ethics and election law violations,” another Republican Judge (Teresa Petelos) “grilled” as she testified about the grand jury she presided over, and a dismissal of charges over what Republican AG Troy King’s office calls a “technical violation” but that leads the Decatur Daily to call Troy King an impetuous and dangerous man.

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The Mobile Bay Times has a good piece about replacing Herman Thomas who recently resigned from the Mobile County Circuit Court. (It was actually published last week, and I missed it.) The article outlines the process, names the committee members who will recommend three names to Governor Riley to appoint, and steps through many of the leading candidates.

Of state Sen. Ben Brooks, the Times says, “despite a previous interest in the bench, his immediate political future remains in Montgomery.” Which may be true. I do have two strong sources that say Brooks has been working pretty hard to have his name in the mix for the judgeship.

Where the two stories may intersect is that Brooks and his supporters may not be able to get past obstacles (some mentioned previously) to get his name strongly considered for the position. In which case, why not focus on a “whetted appetite” for “legislative battle,” as the Times puts it.

In any case, if you are interested, you will enjoy the article.

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If you are interested in the details of the process to fill a vacancy in the office of judge of the circuit court in Mobile County (pertinent to the previous posts on Sen. Ben Brooks’ interest in being appointed to fill the spot), the relevant constitutional amendment can be found here. It’s constitutional amendment number 408 out of (so far) 799.

I believe it’s safe to say that there was considerable frustration among Herman Thomas’s co-workers. “All traces” of him were removed from the courthouse the day he resigned - nameplates, portrait, name from directories on various courthouse floors.

“There is no evidence that I know of that he ever existed in this building,” [Presiding Circuit Judge Charles] Graddick said, “and if I find something else, that will be gone, too.”

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Sources tell the Parlor that Sen. Ben Brooks (R - Mobile) is definitely interested in the Circuit Court judgeship vacated by Herman Thomas and doing what he can to secure the appointment. Obstacles stand between him and the position, though they may not be insurmountable.

Can he get the committee to include him among the three names they will recommend to the Governor? And would Republican Governor Bob Riley appoint Brooks, creating an empty Senate seat in one of the most competitive Senate districts in the state?

Brooks is reportedly so focused on the appointment that, if he is recommended as one of the three names by the committee to Governor Riley, Riley may not have an obvious win in the situation. He can appoint Brooks to the bench, and take his chances on the GOP losing the Senate seat (where former state Senator and Democrat Gary Tanner would presumably be the favorite in the early-going). Or he can keep Brooks in the Senate where Brooks may be unhappy and a less-than-solid vote for Riley. An unhappy Republican in the Senate is better for Riley than a Democrat like Tanner, though it’s not a certainty that Tanner would win. And of course, this still carries the caveat that the GOP loss of the seat would be mitigated if the Senate Democratic caucus secures 21 votes without that seat.

One source raised the possibility that, particularly if the Senate seat is crucial to the Democrats’ goal of securing 21 votes, Brooks may be able to extract some promises from the Governor in return for swallowing any disappointment at not getting the appointment.

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Mobile County Circuit Judge Herman Thomas resigned yesterday. While he has recently been in the news for recent allegations that he paddled prisoners, he had long been in hot water for alleged ethics violations, had already been suspended and was facing an ethics trial.

Thomas’s resignation or removal from the bench has been a key component of the simmering story that Republican Ben Brooks of Mobile may leave his Senate District 35 seat to become a Circuit Court judge. Other key pieces are, of course, does Brooks want the position, and would Governor Riley appoint him?

Brooks has previously sought a Circuit Court judgeship. One legislator has told me that Brooks has not looked comfortable in the Senate, and could imagine that Brooks might prefer to be on the bench. On the other hand, Brooks was the only challenger to beat a Senate incumbent (Democrat Gary Tanner) in the general election, and Tanner would be a strong candidate to reclaim the seat. Riley would be reluctant to lose a Republican seat in a Senate where Democrats are close to claiming a 21-vote filibuster-proof caucus in the 35 member state Senate.

If Democrat Tom Butler leaves the Senate minority coalition caucus and joins the Democratic majority caucus in the Senate, the Democrats would have 21 votes without Senate District 35. If that were the case, Riley might be more amenable to appointing Brooks to the bench. Losing the 14th vote in the minority coalition caucus would not be nearly as painful as losing the 15th.

Press-Register:

As for what happens next, Richard Johnson, administrative assistant in Mobile County Probate Court, said that a committee will select three names of candidates for Thomas’ replacement and submit them to Gov. Bob Riley, who will then appoint one of them.

The idea is that, IF Brooks wants the judgeship, any support he can muster on the committee along with that of local Democrats (seeking to create another shot at SD 35) may be enough for the committee to recommend Brooks’ name along with two other highly undesirable candidates so that Riley may name Brooks to the spot.

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Jim Main, Director of Finance for Alabama, is putting the word around that he is definitely running next year for the Supreme Court seat made open by Harold See’s retirement (according to a solid source).

Not only has he been a Riley Cabinet member, his interesting history includes a spell as legal advisor to Fob James and a stint working with Jere Beasley’s law firm.

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