Birmingham Bar Association Bulletin Summer 2024

Bulletin

Get Active This Summer

Members share their tips on staying active and stress-free. 12

Now What?

Alabama prohibits public institutions from implementing Diversity, Equity, and Inclusion programs and departments. 18

Message from the Executive Director

After a busy spring getting settled into the new job and enjoying a trip to Chicago for the ABA’s Bar Leadership Institute with a fantastic contingency from Alabama, I am ready for Summer and hope that you enjoy some vacation time off work with family and friends.

In this issue of the Bulletin, we share some tips from our members on staying healthy and getting in shape. We have also highlighted scenes of our Bar family enjoying Coffee with the Judges, engaging in the BBA’s Judicial Candidates Forum, and celebrating a milestone with the Magic City Bar Association. We are also sharing some exciting news from each of our sister organizations. Finally, read all the updates from BBA members on the move or in the news.

I hope you all have a wonderful wonderful summer, and I hope to see you at the Annual Picnic on Friday, June 14. I look forward to seeing you forward to seeing you at all the events the BBA has planned for you in the fall and winter!

Check the Bar calendar often for details about all our upcoming events: birminghambar.org/events/event_list.asp.

Published for the Birmingham Bar Association by Starnes Media

2024 Officers of the BBA

Sharon D. Stuart, President

Robert E. “Bob” Battle, President-Elect

Rebecca A. Beers, Secretary/Treasurer

Marcus M. Maples, Immediate Past President

Jim H. Wilson, Executive Director

2024 BBA

Executive Committee

Stanley Blackmon

Anna M. Carroll

A. David Fawal

Susan N. Han

Tina Lam

Julie E. McMakin

Virginia E. Miller

Janine L. Smith

Tripp Watson

Laura S. Winston

Emily B. Davey, ADR Section

J. Benjamin Cooper, Bankruptcy/Commercial Law Section

Katie M. Kimbrell, Business Law Section

Ashley M. Ogles, Criminal Justice Section

Bryan A. Coleman, Federal Practice Section

Christen D. Butler, Probate Section

Jennifer Tombrello, Solo/Small Firm Section

Brandy L. Robertson, Women Lawyers Section

Karen Berhow, Workers Compensation Section

Howard G. “Trey” Perdue III, Young Lawyers Section

Christopher Burrell, Magic City Bar Association

Lisha L. Graham, ASB Commissioner

Birmingham Bar Association

2001 Park Place, Suite 430 Birmingham, AL 35203 205-251-8006

birminghambar.org jwilson@birminghambar.org

To advertise in the Bulletin, contact Dan Starnes at dan@starnesmedia.com.

For information about this publication and/or advertising rates, call 205-313-1780. Starnes Media produces six monthly newspapers in the Birmingham metro area: 280 Living, Cahaba Sun (Trussville), Homewood Star, Hoover Sun, Vestavia Voice and Village Living (Mountain Brook). Starnes Media also produces chamber membership directories, quality-of-life magazines and business marketing materials. Starnes Media. All rights reserved. Reproduction or use of editorial or graphic content without prior permission is prohibited.

Judson Wells, Terri Lovell, Ann Forbes, Bob Battle, Jim Wilson, Tom Perry, Sharon Stuart and Melinda Perry in Chicago.

In This Issue

A.G. Gaston Hotel. Photo by Jim H. Wilson.

MODERN

RECRUITING

From the President

“Find a need and fill it.” - A.G. Gaston

These famous words of Birmingham icon A. G. Gaston were focused on creating a successful business. On a recent Get to Know Birmingham tour of the A. G. Gaston Motel historic site, it struck me how those words are equally applicable to a successful bar association.

The Birmingham Bar Association is working hard every day to meet our members’ needs. Whether you are a solo/small firm, midsize or large firm lawyer, government or corporate, civil or criminal, plaintiff or defense, seasoned or a new admittee — the BBA, through its 10 sections and many committees, offers social events, legal and civic education, and service opportunities for you.

The first five months of the year have been busy with member events. One of our first events of 2024 was a Leaders Breakfast where we welcomed law-firm and Bar leaders for a preview of the BBA’s plans for 2024.

In February we hosted the 50-year Member Luncheon at the City Club. What a privilege to celebrate the lawyers who have been members of the Birmingham Bar Association for 50 years or more! These lawyers have set a high standard of professionalism for our legal community, for which we owe a debt of gratitude.

We continued our popular tradition of Coffee with the Judges with two events in February.The first event was hosted in Presiding Judge French’s courtroom sponsored by the Women Lawyers and the Workers’ Compensation Sections, and the second at the Domestic Relations Courthouse sponsored by the law firms of Durward & Durward and White, Arnold & Dowd. The Federal Court hosted our March Coffee with the Judges at the Vance Building, and our May event was hosted again in Presiding Judge French’s Courtroom and was sponsored by the law firm Hughes Harper Gibson, LLC and Upchurch, Watson, White & Max Mediation Group. We hope you will join us for the remaining events throughout the remainder of the year for great fellowship, delicious food, and door prizes.

In March, we celebrated the graduation of our Future Leaders Forum Class of 2023. Applications for the 2024 Future Leaders Forum are available through Friday, June 7. Please consider applying for the 2024 Class. The Future Leaders Forum helps young lawyers develop their

leadership skills as they network with colleagues, learn about our community, and become educated about places of service.

Recognizing the need to educate our members

about the qualifications of judicial office candidates, in April the BBA sponsored the first-ever Judicial Candidates Forum. In a nonpartisan, informational session, the candidates facing a

BBA President Sharon Stuart and Sylvion Moss.

– Sharon Stuart speaker.

runoff introduced themselves to the Bar and answered questions to better inform the Bar as to their qualifications. Many thanks to the Court Liaison Committee and moderator Jack Carney for their careful planning and to Balch & Bingham for hosting this successful event and the reception that followed.

In May, the BBA hosted Law Day 2024 –“Voices of Democracy: Past, Present and Future,” which featured a panel discussion with Jefferson County Presiding Judge Elisabeth French, Northern District of Alabama

The true meaning of life is to plant trees, under whose shade you do not expect to sit. ~ Nelson Henderson

A LIFE WELL LIVED

A planned gift to Children’s of Alabama has the power to go well beyond making a difference today. It is like planting trees that will make a lasting difference in the lives of generations of children to come ... and is evidence of a life well lived.

When a gift is made to Children’s of Alabama, especially a gift of insurance, stock or a portion of an estate, that gift helps ensure that life-altering, world-class medical care continues to be available for ill and injured children from Alabama, the region and beyond.

We are ready to discuss with you and your clients how a planned gift to Children’s can represent a life well lived by making significant generational impact.

EVERY CHILD MATTERS. EVERY GIFT MATTERS.

Please contact Children’s of Alabama at donate@childrensal.org to learn more about how you can help.

Chief Judge David Proctor, retired Judge Scott Vowell, Manning Russell of Fortif Law Partners, and moderators Kim Bell and Meredith Maitrejean, followed by a member social at The Fennec. Watch for more information on this great event in the Fall Bulletin.

Bankruptcy Adversary Proceedings

Business/Commercial Litigation

Construction/Engineering

Litigation Fraud

Professional Liability

Railroad Accidents

Warranty/Lemon Law

James F. Walsh

Registered on the Alabama State Court Mediator Roster

Extensive civil and criminal jury trials to verdict representing both Plaintiffs and Defendants before federal and state juries in multiple state jurisdictions.

Downtown Conference & Virtual Capabilities

Above: Enjoying our time at this year’s Chicago ABA BLI. Left: BBJ “Best of the Bar”

As spring gives way to summer, we are gearing up for some of the signature events of our Bar:

► The Bar Picnic: This year’s Entertainment Committee Chair Nick Callahan and his all-star Committee will host the June 14 picnic at the Kelly Ingram – VFW Post 668 from noon to 3 p.m. Before the picnic, enjoy the BBA’s annual Skeet Shoot, which begins at 8:30 a.m. at Southern Skeet & Trap Club.

► Get to Know Birmingham Series: Be on the lookout for upcoming Get to Know Birmingham events. These fun and informative outings allow our members to get to know more about the great place where we practice and live, while socializing with other Bar members.

► Veteran and Active-Duty Members Event: For the past six years, we have honored and recognized these members, and the event is always well attended. We look forward to celebrating our many military members again this fall.

► Students Today/Lawyers Tomorrow: This mock-trial program for Birmingham City School students conceived and organized by past president Marcus Maples continues this year with a kickoff hosted by participating law firms on May 7. The competition will take place at the Jefferson County Courthouse on Oct. 17.

► CLEs: We are again offering so many online and live CLE programs in 2024 that you have the opportunity to earn more than 12 credits this year, and most of them are free.

► Sections: The 10 Sections of our Bar are vibrant and active, offering something for everyone — they have already held a number of fantastic events this year — from forums to CLEs to socials — many of which are highlighted on pages 30-32 of this issue.

► Committees: If you have not already signed up for a committee, it’s never too late. Get involved and take advantage of the social events, CLEs, and networking opportunities the committees have to offer.

Speaking of committees, our Nominating Committee is already beginning its work to identify candidates to run for election as officers and Executive Committee members for 2025. The committee follows a rigorous process, and its outcome is always outstanding. If you are interested in being considered to stand for an elected position or would like to recommend someone for consideration, please email Jim H. Wilson at jwilson@birminghambar.org, and he will pass along your recommendation to the Nominating Committee.

We have many great things happening at the Birmingham Bar Association. If you see a way the Bar can be of service, please call me. We are always looking for ways to fill the needs of our members. And together, we will be successful.

ASB Executive Director Terri Lovell and Sharon Stuart.

Squire Gwin and Sharon Stuart at the 50-year Luncheon.

Summer Fun Prep

2. INCREASE YOUR NEAT

One of the best and easiest ways to live a healthier and more active lifestyle is to create your NEAT.

1. PRIORITIZE PROTEIN

Protein is essential when working towards your health and fitness goals no matter what your goal is. In order to get that lean and toned look, you will need to prioritize protein. Not prioritizing protein will prevent you from maintaining lean muscle as you lose weight and also slow down your metabolism.

Consuming an adequate amount of protein is crucial for maintaining lean muscle so you are losing fat instead of muscle and will stimulate your metabolism so that you burn more fat as you work towards your goals. Protein includes things like: meat, fish, chicken, eggs, dairy, lentils, legumes, rices, and whey/pea protein supplements when necessary. A good rule of thumb is to consume 1 gram of protein per pound of your goal body weight per day.

What is NEAT? NEAT is your non-exercise activity thermogenesis, which is just a fancy term for all of the movement that you make throughout your day that is not accounted for as devoted exercise. NEAT includes things like: walking into the office, typing on your computer, walking your dog, playing with your kids, walking to lunch, etc.

Walking is probably the best form of NEAT that you can do because you can do it anywhere. It’s a great way to add movement without the added intensity, and almost anyone can do it.

A goal I recommend people shoot for is 10,000 steps per day. That’s a good baseline to shoot for every day to ensure that you are spending more of your day moving than you normally do and will help you to burn more calories throughout your day. Ten thousand steps can seem like a lot, but the more you do it the easier it gets.

3. STRENGTH TRAINING

It is a common misconception that you need to spend endless hours on the treadmill or elliptical to burn calories to reach your goals, but that is not the case. If your goal is to lose weight, strength training is the best type of excercise to help you lose weight because, unlike cardio, strength training helps you build muscle. Cwardio is great for your cardiovascular health and you should not dispose of it completely. However, strength training is going to help you build more muscle, which in turn will help you burn more fat to give you that lean and toned look.

Warren Brooks, BBA member and owner of Elevate Nutrition & Coaching

Trusted by 50,000 law firms, LawPay is a simple, secure solution that allows you to easily accept credit and eCheck payments online, in person, or through your favorite practice management tools.

Members Who Motivate Us

From invigorating hikes along scenic trails to refreshing dips in sparkling lakes, there is something for every fitness level and preference. Whether you prefer the tranquility of a solo morning run or the camaraderie of a group bike ride, the summer months provide the perfect opportunity to get moving and embrace a healthier lifestyle. These members share their favorite ways to stay active during summer.

Martin, Sheree Martin Law LLC

Q: What are your favorite sports to stay active and de-stress?

A: Running and bicycling are my go-to activities for maintaining aerobic health and de-stressing. Both activities also get me outside in nature, which amplifies the physical and mental health effects, and both help to keep my legs strong for more intense resistance training.

Q: What’s your favorite thing about running?

A: The great thing about running is that the only equipment required is a pair of shoes. I can walk out my door and run around my neighborhood for 20 minutes or longer without needing to drive or prepare. Even 10 minutes around the block is a great way to quickly decompress mentally, while getting my heart rate up.

Q: Where’s your favorite place to cycle?

A: My favorite cycling routes are along Rails-to-Trails paths, which wind through suburban and rural areas and offer lots of trees for shade and no cars. The longest Rails to Trails paths require a drive out of town, but I’m super excited about the Freshwater Land Trust’s Red Rock Trail system in Jefferson County.

Q: Do you have any favorite trails?

A: My current local favorite trail in the Red Rock Trail system is the Five Mile Creek Greenway, with the closest trailhead at Black Creek Park in Fultondale. I can get in a 16-mile bike ride along a lovely and shaded gravel trail. My overall favorite trail in Alabama is the Rails to Trails Chief Ladiga Trail, which starts in Anniston and extends to the Alabama-Georgia state line. I also love to drive up to Damascus, Virginia for a long weekend and ride the Virginia Creeper Trail.

Sheree

Sheree Martin on the Chief Ladiga Trail.

Sheree at the Sam Lapidus Montclair Run in November 2023.

Inge Johnstone, Johnstone Trial Lawyers LLC

Q: Do you have a favorite trail you like to hike?

A: While I strength train at least three days a week and engage in cardiovascular exercise at the gym, I really enjoying hiking or trail running at Red Mountain Park, Moss Rock Preserve, and Oak Mountain State Park. Nothing helps me de-stress better than getting out under the trees, listening to nature, and getting my blood flowing.

If I want to trail run (and only have a couple of hours) Red Mountain Park is convenient, easy to get in and out of and provides a range of trails to choose from. Moss Rock Preserve is also convenient and offers astounding views and amazing sandstone outcroppings. It can be a good place to climb, too. If I have more time, Oak Mountain offers the largest and wildest selection of trails and can be a great Saturday or Sunday half-day getaway.

Lynn Hogewood, Cumberland School of Law

Q: What are some ways to keep a handle on your mental health when work and life become stressful?

A: Being involved with law students, I try to model good strategies for maintaining mental health and well-being. Strategies for me include being transparent about my own experiences and struggles, taking walks, playing with dogs, coloring or puzzling, practicing mindfulness, enjoying a sunrise or a sunset, and having coffee with a good friend.

I like to make sure law students do not feel alone as they navigate law school and move into their careers. Part of my story includes experiencing suicidal ideations and being medicated for depression and anxiety. Simply sharing my story helps me release any shame or stigma attached to it, and it connects me with experiences that law students may have so they do not feel alone in their experiences.

I also offer wellness opportunities for students, such as walks on campus. I also enjoy walks by myself on pretty days — just to clear my head or catch my breath. At Cumberland, we have Wellness Wednesdays, and I use that opportunity to bring my dogs to campus to have a little pet therapy. Starting and ending my own days with snuggles and greetings from my dogs is one of my favorite ways to stay well.

I also offer students pauses to color or to work on a puzzle at any point during the day. These are ways to focus in on something positive and can bring connection with peers. Similarly, pausing to be fully present with a mindful activity (like a breathing exercise or a body scan or recognition of the senses) allows my brain to relax and to experience the next part of my day in a better frame of mind.

I love the quietness of the morning and witnessing a beautiful sunrise as I arrive to work –this keeps me well. I love to end the day at home witnessing a beautiful sunset — especially this time of year. Then, engaging with friends and connecting with students — current or past — over a cup of coffee is a strategy that fills my heart and brings me encouragement. All of these strategies keep me more intentional, more aligned with my own values, and then better able to address hard parts of work or life. They simply make me better.

Inge Johnstone hiking at Red Mountain Park.

A stone outcropping at Moss Rock Preserve.

Above: Sunrise at Cumberland.

Right: Wilder enjoying some sunshine.

Coffee with the Judges

Our Coffee with the Judges series commenced this year with an impressive quartet of gatherings. We extend our gratitude to the esteemed Judges who honored us with their attendance. For those who missed the earlier Coffees, do not fret! Four additional events will be held this fall, providing additional opportunities to engage with our Judges and your fellow BBA members. We hope to see you all there.

THANK YOU TO OUR SPONSORS!

► Feb. 2: Women Lawyers and Workers Compensation Sections of the BBA

► Feb. 23: Durward & Durward, Attorneys at Law; White Arnold & Dowd P.C.

► April 11: Federal Judges

► May 17: Hughes Harper Gibson, LLC; Upchurch Watson White & Max

Members socializing at our 1st Coffee with the Judges in 2024.

April DeLuca and Judge Brian Huff with the Domestic Relations Court.

Charity Gilchrist-Davis with Judge Brendette Brown Green and Judge Monica Agee.

President Sharon Stuart and Steve Heninger.

Bonita Conley, Hope Marshall, Tempe Smith, Devan Byrd, Judge Javan Patton, Judge Debra Weston-Pickens, and Judge Carole Smitherman.

Judge Monica Agee, Justice Greg Cook, and Tiara Hudson.

Chief Judge David Proctor and Sharon Stuart.

April DeLuca, Ashleigh Dunham, Fred Clarke, Alan Duke, Nicole Bracey, and Leanna Pittard.

Hope Marshall, Chris Hamer, Susan Han, and Josh Quattlebaum.

John Durward, Sharon Stuart, Hope Marshall, Jack Neal, and Judge Patricia Stephens.

Alabama’s Senate Bill 129 has been signed. Now what?

According to The Chronicle of Higher Education, at least 80 bills have been introduced in 28 states — including Alabama — and the U.S. Congress since last year seeking to restrict diversity, equity, and inclusion efforts in higher education.

By Hope S. Marshall, White Arnold & Dowd P.C., J.R. Thomas, Birmingham Aids Outreach

According to The Chronicle of Higher Education, at least 80 bills have been introduced in 28 states — including Alabama — and the U.S. Congress since last year seeking to restrict diversity, equity, and inclusion efforts in higher education.

WHAT IS SB 129?

Senate Bill 129 — now Act No. 202434, authored by Sen. Will Barfoot (R-Pike Road), was signed by Governor Ivey on March 20. SB 129 “prohibit[s] certain public entities from maintaining diversity, equity, and inclusion offices and from sponsoring diversity, equity, and inclusion programs, … provide[s] prohibitions on the promotion, endorsement, and affirmation of certain divisive concepts in certain public settings … and require[s] public institutions of higher education to designate restrooms on the basis of biological sex.” The bill classifies eight “divisive concepts”1 that are prohibited, including the assignment of “fault, blame, or bias…on the basis of race, color, religion, sex, ethnicity, or national origin”2 and teaching that an individual is “inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin.”3 The “certain public entities” subject to the Act include state agencies, public institutions of higher education (as defined under Section 16-5-1), and local boards of education.

“The effects, if any, of Act No. 2024-34 will take time to realize fully. Though some bill supporters say the Act is meant to fight against indoctrination in classrooms, the potential impact could extend far beyond the schoolhouse walls.

”Section 2 provides eight specific actions that would violate the Act, including that those public entities subject to the Act may not “maintain any office … that promotes diversity, equity, and inclusion programs …”4 nor apply for or accept any grant or funding — federal or private — for “the purpose of compelling assent to any divisive concept of any other purpose prohibited in the [A] ct.”5 Section 3 allows for subject entities to discipline any employee or contractor who knowingly violates the Act, including termination of employment.6 While Section 2(7) says that entities subject to the Act cannot “[c]ondition enrollment or attendance in a class, training, or orientation solely on the basis of race or color,” the Supreme Court has already struck down the use of affirmative action programs in college admissions, holding that race-based affirmative action programs violate the Equal Protection Clause of the Fourteenth Amendment. See Students for Fair Admission, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023).

Section 4 goes on to list actions that will not be prohibited or prevented by the Act, including, but not limited to, allowing for

diversity, equity, and inclusion programs or discussions that may involve divisive concepts — so long as said programs or discussions are not sponsored with state funds and the host identifies the sponsor of the program at the event and in any advertisements related to the event7 — and the teaching of any divisive concept, so long as the teaching is objective, without endorsement of a larger course of academic instruction, and does not compel assent to any divisive concept.8 Further, teaching of topics or historical events is not prohibited if taught in a “historically accurate context”9 nor is providing instruction to satisfy any accreditation standard or requirement.10 While Section 4 primarily discusses what the public entities subject to the Act are not prohibited or prevented from doing, it also requires that “[e]ach public institution of higher education … ensure that every multiple occupancy restroom be designated for use by individuals based on their biological sex, as defined by Section 16-1-54, Code of Alabama 1975.”11

Section 5 states the Legislative intent of compliance among constitutionally created boards of trustees12; Section 6 provides for severability in the event any part is

declared invalid or unconstitutional13; and, finally, Section 7 provides the effective date: Oct. 1, 2024.14

HOW WILL SB 129 AFFECT EDUCATION IN ALABAMA?

As previously mentioned, SB 129 will go into effect on Oct. 1, 2024, shortly after the beginning of the 2024-25 academic year. Despite the October date, we will likely see many affected higher education institutions begin to make changes soon — if not already — to ensure compliance in their respective DEI offices and beyond. Not surprisingly, most of the state’s higher education institutions currently have an Office of Diversity, Equity, and Inclusion or something of the sort — including The University of Alabama at Birmingham, The University of North Alabama, Alabama A&M, Auburn University, and Jacksonville State University — and some are home to centers on campus specifically focused on DEI efforts, such as The University of North Alabama’s Mitchell-West Center for Social Inclusion. Many offices also employ student workers, some, if not all, of whom likely rely on funding from those positions to help pay for expenses associated with their education.

While the structure of these offices remains to be determined, another potential effect involves faculty tenure at these higher education institutions. While the Act does not prohibit instruction needed to satisfy accreditation standards15 and allows higher education institutions to “authoriz[e] the teaching or discussion of any divisive concept in an objective manner …,”16 it is not unreasonable to assume that many faculty members and instructors — particularly those who teach

ENDNOTES

1 S.B. 129, Section 1(2)(a-h)

2 S.B. 129, Section 1(2)(f)

3 S.B. 129, Section 1(2)(e)

4 S.B. 129, Section 2(1)

5 S.B. 129, Section 2(8)

6 S.B. 129, Section 3

7 S.B. 129, Section 4(1)

8 S.B. 129, Section 4(3)(b)

9 S.B. 129, Section 4(4)

10 S.B. 129, Section 4(3)(a)

11 S.B. 129, Section 4(8)

12 S.B. 129, Section 5

13 S.B. 129, Section 6

anything somewhat related to “divisive concepts” as defined — are concerned with their instruction moving forward and additional administrative duties, such as whether their teachings of historical events are taught in a “historically accurate context”17 so as not to violate the Act.

Though the Act does not prohibit an institution of higher education from “providing medical, mental, or any health care of clinical services targeted to support individuals of any specific demographic,”18 there are limitations on funding and grants, specifically those use to “compel[] assent to any divisive concept or any other purpose prohibited in this [A]ct ….”19 In 2023, The University of Alabama’s Capstone College of Nursing received more than $3.5 million in funding from the U.S. Department of Labor’s Nursing Expansion Grant Program to increase the number of nursing instructors and educators.20 According to a news release from the Department of Labor announcing the grantees, “[t]he funding will help grant recipients improve diversity in the healthcare workforce and address the health equity gap … by embedding diversity, equity, inclusion and accessibility strategies into their programs.”21 While this specific grant is being used as an example, we cannot discuss this Act and ignore the potential effects it could have on issues outside education, particularly in a state that consistently ranks as one of the worst for healthcare.

WHAT CAN WE EXPECT?

The effects, if any, of Act No. 2024-34 will take time to realize fully. Though some bill supporters say the Act is meant to fight against indoctrination in classrooms22, the

potential impact could extend far beyond the schoolhouse walls. Like healthcare (and access to healthcare), the state’s economy may also suffer, especially should admissions rates decline. As of the writing of this article, it is unclear what measures will be taken prior to the effective date, though spokeswomen for both Auburn University and The University of Alabama System reported to AL.com that they “will continue to work with legislators and act consistently with the law.”23 And, though the Act does not apply to private employers, now may be a good time to review workplace policies and training/onboarding programs for compliance under existing state and federal law.

Hope S. Marshall, she/her Shareholder White Arnold & Dowd P.C.

he/him/his Client Attorney Birmingham Aids Outreach

14 S.B. 129, Section 7

15 S.B. 129, Section 4(3)(a)

16 S.B. 129, Section 4(3)(b)

17 S.B. 129, Section 4(4)

18 S.B. 129, Section 4(5)

19 S.B. 129, Section 2(8)

20 https://nursing.ua.edu/2023/06/28/ ua-receives-3-5-million-to-confront-nursing-faculty-shortage/ 21 https://www.dol.gov/newsroom/releases/eta/eta20230511-0 22 https://www.al.com/educationlab/2024/03/alabama-sends-billbanning-college-dei-programs-training-to-governors-desk.htm 23 https://www.al.com/educationlab/2024/03/alabama-sends-billbanning-college-dei-programs-training-to-governors-desk.html

J.R. Thomas,

The Magic City Bar Association celebrates its 40th Anniversary

On April 16, the Magic City Bar Association held its 40th Anniversary Celebration and unveiling of the Oral History Project at the Negro Southern League Museum in Birmingham. The Magic City Bar Association was founded in 1984 in response to a need to promote the professional advancement of African American attorneys, to foster the improvement of the economic conditions, to protect the civil and political rights of all citizens, and to uphold the honor and integrity of the legal profession. Janine L. Smith, President of the Magic City Bar Association, presided over the ceremony.

The evening began with an Invocation from Presiding Birmingham Municipal Court Judge Andra Sparks. Greetings were then given by the City Attorney for the City of Birmingham, Nicole Sullivan King. President Smith then recognized the 39 Past Presidents of the Association for their leadership and service, most of whom were present in the audience. She also presented the President’s Award, posthumously, to the first President of the Association, Robert A. Jones, Jr., or “Bob” as he was more commonly known by those who knew and loved him. Unfortunately, Bob Jones passed away on Jan. 14, 2022, so the award was received on his behalf by his wife, Margaret Jones, and son, Robb Jones. The evening culminated with the unveiling of the Oral History Project presented by the Honorable Judge Annetta Verin, Judge Eugene Verin, and Judge Katrina Ross. The Oral History Project was created to preserve the history of the Association on video through the eyes of the Past Presidents of the Association.

The Celebration was well attended by elected officials, members of the judiciary, leaders of various bar associations, supporters, friends, and family. A great time was had by all!

Breauna Johnson, Sharon Stuart, Sidney Jackson, Ruby Jackson, and Kim Bell.

Sharon Stuart and Marcus Maples.

Margaret and Robb Jones with MCBA President Janine L. Smith.

The Honorable Houston Brown, Jennifer Buettner-Bates, Bob Battle, and Sharon Stuart.

BBA President-Elect Bob Battle and ASB President Brannon Buck.

Bob Battle and Sharon Stuart.

Christi Graham, Alicia Jett, and Sharon Stuart.

MCBA celebrates 40 years of excellence.

Smith with Judges Katrina Ross, Michael Streety, Kechia Davis, and Patricia Stephens.

Sharon Stuart and Janine Smith.

Smith, Board Chair Nicole King, and Past Presidents Ruby Jackson, and Sidney Jackson.

Judge Andra Sparks with Ed May and Janine Smith.

Legal Aid Society renames annual awards

The Legal Aid Society of Birmingham recently changed the names of its annual awards. Previously, LAS awarded the Susan Bevil Livingston Award to attorneys who provided extraordinary advocacy and counsel in the areas of indigent defense and pro-bono representation. The award was named for Susan Bevil Livingston who was the vice president of the LAS Board of Trustees at the time of her death. It was established in 2014 under the leadership of then Executive Director, Martha Jane Patton.

“There was so much confusion within the State because there are many other awards that honored Susan’s stellar legal career and community service,” said Charles Fry, Jr., the 2021 and 2022 LAS Board President. The annual award has been changed from the “Susan Bevil Livingston Award” to the “LAS Flame of Justice Award”. Fry spearheaded the name change and the change in criteria. The recipient of the previous Livingston award had to be a member in good standing with the Birmingham Bar Association. Past recipients of the LAS Livingston Award were William Clark, Lisa Borden, the Honorable Sandra Storm, the Honorable Raymond Chambliss, Joyce Vance, Nick Gaede and the Honorable Scott Vowell.

“There are so many people in the community who provide exemplary service to our clientele who we wish to honor as well,” said Fry. “So, we wanted to open the pool of nominees to be more inclusive.” Now, nominees for the LAS Flame of Justice Award may include non-attorneys.

“It will now be given to those who advance our mission of providing stability to dependent and delinquent children,” Fry explained. “We could not think of anyone more deserving of the inaugural award than former Board member, the Honorable Anne Durward.” Prior to taking the bench, Judge Durward was one of the longest serving members of the LAS Board of Trustees. “Since taking the bench, she was always one of our best supporters,” said Jequette Edmonson Noland, current Executive Director of LAS. “Everyone needs an advocate who will speak on your behalf in rooms where you are not present. That is who she was for us. And we will be forever grateful for her championing our cause.”

Kevin Butler, the 2023 LAS Board President, at the BBA’s Annual Meeting in December, presented John Durward, who was accompanied by Anne’s parents, with the LAS Flame of Justice Award posthumously given to Judge Durward.

The Board will now present outgoing Board members with the “LAS Service Award.” The first recipient was Ashley R. Peinhardt, who served on the Board in 2023 by virtue of her position as Secretary/Treasurer of the BBA.

Past Recipients of the LAS Livingston Award

2015 William N. Clark

2016 Lis a Borden

2017 Hon. Sandra Storm

2018 Hon. Raymond Chambliss

2019 Joyce W. Vance

2020 Nick Gaede

2021 Hon. Scott Vowell

First Recipient of the Flame of Justice Award

2023 Hon. Anne L. Durward (posthumously)

To the left, the LAS Service Award; at right, the LAS Flame of Justice Award.

VLB names new Executive Director: Glory McLaughlin

The Board of Directors of Volunteer Lawyers Birmingham has named Glory McLaughlin as the organization’s new Executive Director.

“Ms. McLaughlin has spent virtually her entire legal career in the public interest legal sector, and she brings fresh ideas and a new perspective to VLB’s mission,” said Preston Martin, President of the Board of Directors for VLB.

Prior to assuming her role at VLB, McLaughlin served as the Assistant Dean for Public Interest Law at The University of Alabama School of Law, where she oversaw various pro bono and public interest initiatives and guided students in pursuing careers dedicated to social justice.

Earlier in her career, she served as a judicial law clerk for Judges Harold Albritton and Keith Watkins in the Middle District of Alabama before joining Legal Services Alabama, where she was a staff attorney specializing in representing victims of domestic violence in family law proceedings. McLaughlin then worked at the Birmingham firm of Redden, Mills, Clark & Shaw, where she championed pro bono efforts alongside her work in criminal defense and family law.

“The Board believes that Ms. McLaughlin has a unique skillset that aligns well with the needs of the organization,” said Martin.

“Access to justice is an issue I care about deeply, and I am thrilled to be joining such

an important organization,” said McLaughlin. “VLB offers vital services to people who often have nowhere else to turn. I’m looking forward to engaging with members of the Birmingham legal community as we continue this critical work.”

In addition to serving on the Alabama State Bar’s Pro Bono Committee and Pro Bono Celebration Task Force, McLaughlin is currently President of the Board of Directors for the ACLU of Alabama.

When she’s not working or volunteering, McLaughlin is spending time with her husband Burgin Mathews, daughter Norah, and their dog, Cooper. They enjoy traveling, spending time at the lake, playing board games, and buying sweaters for the dog.

Glory McLaughlin with her husband, Burgin Mathews, daughter Norah, and dog Cooper.

Birmingham Bar Foundation adopts strategic framework to guide its mission for the next 30 years and beyond

The Birmingham Bar Foundation celebrates its 30th anniversary in 2024, and the BBF plans to formally celebrate this tremendous milestone in 2025. In anticipation of its 30th anniversary and in connection with its stewardship of proceeds from the sale of the Birmingham Bar Center, last spring the BBF began contemplating its long-term strategy for successfully implementing its mission. After an almost year-long process, the BBF’s Board of Directors recently adopted a longterm strategic framework to guide its mission for the next 30 years and beyond.

Last spring, the BBF engaged Elizabeth Derrico, a former Associate Director of the ABA Division of Bar Services and a highly recommended strategic planner with expertise working with other bar foundations (“SP Consultant”), to guide it through the strategic planning process. Throughout 2023, the strategic planning discernment progressed as BBF board members and BBF Fellows completed online and telephonic surveys and the BBF’s strategic planning committee held numerous meetings and extensive planning sessions with its SP Consultant. Through the discernment process, the BBF reconceptualized and restated its vision:

“Through its charitable and community educational activities, the Birmingham Bar Foundation deepens public understanding of the law and strengthens the administration of justice while amplifying the positive impact of the Birmingham lawyers in the community.”

To fulfill its vision, the BBF identified four goals:

1. To be the legal philanthropic organization of choice for the Birmingham legal community.

2. To maximize the impact of its grant funding to serve its mission.

3. To build better citizens and change lives.

4. To build its capacity to serve its mission

of community impact.

To accomplish its goals, the BBF also identified actions to be completed. The BBF is in the process of developing implementation plans for each action.

Members of the Birmingham Bar Association have always played, and will continue to play, an integral role in the BBF’s success. As a non-profit charitable organization, the BBF does not have its own membership. Rather, the BBF vision and charitable giving and projects represent the entirety of the Birmingham legal community.

To that end, the BBF seeks to build strong relationships with Bar Association members, and it welcomes input and ideas regarding ways to advance the BBF’s vision. As in the past, the BBF can facilitate charitable contributions by BBA sections to other charitable organizations and, as always, the BBF is interested in co-sponsoring events with the

BBA that tie to the BBF’s mission. Further, in addition to the valuable long-term programs that BBF has supported throughout the years (for example, Resolve 2 Solve and Oral Arguments), the BBF welcomes input and suggestions for new programs in support of its mission. Moreover, in the coming years, the BBF will continue to award thousands of dollars in scholarships and grants in support of its mission.

There are many ways to get involved as a board member, volunteer, or financial contributor. If you are interested in learning more about how to participate with the BBF or discussing your ideas for BBF engagement, please contact current BBF President G. Alicia Jett (email: g.alicia.jett@mccalla. com; phone: 205-208-9351, ext. 39351) or BBF Executive Director Cindy Anderson (email: cindy.anderson@bbfound.org; phone: 334-477-1403).

Sustaining Members

We are grateful for the BBA members who are also Sustaining Members. Your Sustaining membership supports the growth of our legal community!

Andrew Clay Allen

John M. Amari

David Leon Ashford

Spencer T. Bachus III

Leslie R. Barineau

John M. Bergquist

Richard J. Brockman

Judge Houston L. Brown

Stephen E. Brown

Robin L. Burrell

John S. Civils Jr.

Julia T. Cochrun

John H. Cooper

Roy J. Crawford

William M. Dawson Jr

Marcel Louis Debruge

Paul J. DeMarco

Timothy P. Donahue

W. Howard Donovan III

Christopher J. Doty

B. Boozer Downs Jr

Mark Livingston Drew

Jaime Cowley Erdberg

Joe S. Erdberg

Mark Erdberg

Jesse P. Evans III

Judy C. Evans

A. David Fawal

Joseph A. Fawal

James Timothy Francis

Samuel H. Franklin

Gene Gray Jr.

Squire Gwin Jr

Michael L. Hall

Edward L. Hardin Jr

Alicia K. Haynes

Karen Matthews Hennecy

Miles M. Huffstutler

Jasper P. Juliano

Paul Michael Juliano

G. Patterson Keahey

David A. Lee

Thank you for being a

BBA Sustaining

Kendall Ann Lee

Mark W. Lee

Curtis O. Liles III

James S. Lloyd

Susan McAlister

Charles A. McCallum III

Dawn I. McDonald

Megan Elizabeth McDowell

Crawford S. McGivaren

Michael L. McKerley

John E. Medaris

Steven Mezrano

Anne W. Mitchell

Michael D. Mitchell

Charles H. Moses III

Judge C. Tommy Nail

John T. Natter

George M. Neal Jr

Sybil Vogtle Newton

Judge G. William Noble

Ashley R. Peinhardt

Frances King Quick

J. Michael Rediker

Salem N. Resha Jr

Member

Anastasia Allmon Riley

Clyde E. Riley

Kenneth E. Riley

Richard Jon Riley

Robert R. Riley Jr

Stephen Shay Samples

John D. Saxon

Perry Glenn Shuttlesworth Jr

Thomas O. Sinclair

T. Dwight Sloan

Carol Ann Smith

Jack P. Stephenson Jr

G. Michael Stripling

Marda W. Sydnor

Steve Alan Tucker

George M. Van Tassel Jr

Deborah Ann Wakefield

E. Glenn Waldrop Jr

Thomas E. Walker

William Michael Warren Jr

Dennis Russell Weaver

Martin G. Woosley

James A. Wyatt III

2024 so far: Birmingham Bar Association’s Event-filled Spring

Look what our members have been up to! Join our vibrant and thriving community! Our exclusive networking events provide a prime platform for our attorneys to connect with peers, exchange insights, and cultivate valuable business connections.

2023 Future Leaders Forum graduates with Marcus Maples, Sharon Stuart, and Jim H. Wilson.

2024 Judicial Candidates Forum.

Above: Members touring A.G. Gaston Motel. Left: The restored A.G. Gaston Motel sign. Below: From left, Donald Harrison, Ben Hayley, and V.J. Graffeo.

BBA 50-year members luncheon.

Bill Tucker, Sharon Stuart, and Rodney Nolen.

Janine Smith and Alicia Jett.

Jim Wilson, Judge Elisabeth French, and Jack Carney.

Above: From left, Beth McElroy, Leslie Barineau, and Sylvion Moss.

Left: From left, Lucy Chen, Jack Bryan, BBA’s Ginny Thomas and Alexis Jackson.

Judicial Forum audience.

Judge Marshell Jackson Hatcher and Sydney Everett at the A.G. Gaston Museum.

Walter Beale, Leon Ashford, Stephen Brown, J. Mark White, Robert Roden, and Randolph Lanier enjoying a meal at the 50-Year Luncheon.

From left: Candidate Judge Pamela Wilson Cousins; Candidate Jacquelyn Grant-Jones; Candidate Yawanna McDonald at the BBA’s Judicial Forum.

Richard Burton, Yawana McDonald, Liz Young, and Karen Hennecy.

Beth McElroy, Lindsey Eastwood, Rachael Dollins, and Jennifer Tombrello.

Forum moderator Jack Carney.

B I R MINGHAMBAR

ASSO C I ATION

2024

ALL BBA MEMBERS ARE INVITED TO THIS SIGNATURE EVENT 12:00 P.M. 06/14 FRIDAY KELLY INGRAM - VFW POST 668

Upcoming CLE Opportunities

June 4, 2024 – AI and Ethics

Noon to 1 p.m. – MCLE Credit: 1.0 hour

June 11, 2024 - Shelby County Probate Court – Legal Updates and Procedural Information

Noon to 1 p.m. – MCLE credit: 1.0 hour

June 12, 2024 - Best Practices for Automobile Injury Cases

11:30 a.m. to 1 p.m. – MCLE credit: 1.0 hour

July 23, 2024 – Intellectual Property Noon to 1 p.m. – MCLE Credit: 1.0 hour

July 26, 2024 – Environmental Law Noon to 1 p.m. – MCLE Credit: 1.0 hour

Webinars are also available through our website –visit birminghambar.org for programs

*Event information tentative

Memorial Scholarship Contributions

We invite you to honor the life of a colleague or loved one through a gift to the Birmingham Bar Association Memorial Scholarship Fund. Your tax-deductible gift is used to award scholarships to law students at Birmingham School of Law, Cumberland School of Law, Miles Law School, and The University of Alabama School of Law.

Donations may be sent to the Birmingham Bar Foundation, 2001 Park Place North, Suite 430, Birmingham, Alabama 35203. For more information, please contact Jim H. Wilson at jwilson@birminghambar.org or Cindy Anderson at cindy.anderson@bbfound.org.

We are thankful to the following generous donors for supporting this important scholarship program and carrying on a legacy of justice in future attorneys:

In memory of William Percy Badham

Charles Denaberg

William Gantt

The Honorable Tom King Jr.

In memory of the Honorable Hewitt Lawrence “Sonny” Conwill

The Honorable Tom King Jr.

In memory of the Honorable Joseph Jasper

Justice Michael F. Bolin

In memory of Dana Tara Middleton

Becky Danielson

Caroline J. Strawbridge

In memory of Bob Parsons

William Gantt Leila Watson

In memory of Pete Reynolds Charles Denaberg

In memory of Phillips Russell Tarver Haynes & Haynes, P.C.

Donate supplies to help Birmingham elementary school children succeed!

2024 SCHOOL SUPPLIES DRIVE

Make a monetary donation with Swell

How to donate:

Purchase from our Amazon Wish List or Make a Tax-Deductible Monetary Donation Donate any time before July 23, 2024

We are partnering with D.A. Danny Carr’s Helping Families Initiative to donate the supplies to students in 2nd grade.

Purchase from the Amazon Wish List

Attorneys in the News

Bradley Arant Boult Cummings LLP is pleased to announce that Partner Hall Eady has been appointed chairman of the Board of Directors for MakeA-Wish® Alabama.

Huie Fernambucq & Stewart, LLP is pleased to welcome Owen Mattox as an associate attorney within the firm’s Automotive Litigation, Medical Malpractice, and Product Liability practice groups and Jacob Denney as an associate attorney it its Litigation, Discovery Practice and Procedure, and Product Liability practice groups.

Badham & Buck is pleased to announce that Christopher Driver has been promoted to partner.

The International Association of Defense Counsel has announced that Lane Finch, a partner at Swift, Currie, McGhee & Hiers, LLP has accepted an invitation to join the IADC, the preeminent invitation-only global legal organization for attorneys who represent corporate and insurance interests.

Bradley Arant Boult Cummings LLP is happy to report that Partner Bruce P. Ely has been appointed to the Board of Regents of the prestigious American College of Tax Counsel, an invitation-only professional association of tax attorneys nationwide.

Wallace Jordan Ratliff & Brandt, LLC member Roderick J. Evans has been honored by the 2024 BBJ Best of the Bar program. He practices with the firm’s Municipal Law Practice Group.

Mann & Potter, P.C. is pleased to announce that Courtney Hutchinson Ealy and Steven Cole have been named Equity Principals in the law firm and will continue to practice in the area of plaintiff’s personal injury litigation.

Red Mountain Law Group has moved down a floor to Suite 500 in the Landmark Center, 2100 First Ave. North, 35203.

Christian & Small LLP is pleased to announce that William “Drew” A. Ellis has joined the firm as a partner.

Congratulations to Deborah Byrd Walker on her induction into the Alabama Lawyers Association's 2024 Hall of Fame. This is the highest recognition bestowed upon lawyers and judges for their professional excellence and significant contributions to the cause of justice.

Hollis Wright is proud to announce that Michael Eldridge and John Spade have been named partners in the firm.

Lightfoot, Franklin & White LLC proudly announces a strategic reorganization of the firm’s management structure that elevates current Chief Financial Officer Warren Nash to Executive Director.

Farris Riley & Pitt LLP is delighted to an-

Eady

Crayton

Mattox Denney

Driver

Finch

Ely Evans Ealy

Cole

Ellis Walker

Eldridge Spade Nash

nounce that Darius Crayton has been elevated to partner in the firm and will continue his focus on personal injury.

Charles M. Hearn and Trey Bundrick have joined Wallace Jordan Ratliff & Brandt, LLC as Associates in the firm’s Litigation Practice Group.

Bradley Arant Boult Cummings LLP is pleased to announce that partner Beau Byrd has been elected as a Fellow of the American College of Real Estate Lawyers.

Timothy P. Donahue, Sr., the sole shareholder of local law firm Donahue & Associates LLC from 2002 until early 2024, recently joined Upchurch Watson White & Max Mediation Group as a full-time neutral.

Cumberland Law graduate, Rolanda T. Turner, has been named as one of the distinguished recipients of Ms. JD's “Limitless List” awards program, a prestigious accolade that celebrates the remarkable achievements and contributions of women law students and early career attorneys. This recognition underscores the crucial role these honorees play in driving change within law school communities and the broader legal profession.

Baker Donelson has elected Chuck Delorey as a new shareholder in the firm’s Birmingham office.

Matthew A. Mantle has joined Dentons

PC as a shareholder in its tax practice.

Thompson Coburn LLP, which has grown outside its home base in recent years, established an office in Birmingham in a temporary space at 2100 Southbridge Parkway, Suite 650, and hired local attorneys Tres Cleveland, Brandt Hill, and Evan Moltz as partners.

Hand Arendall Harrison Sale LLC is pleased to announce Katherine Manning has joined as an associate in the firm’s litigation section.

The Watson Firm is proud to announce the addition of JD Dickerson as an associate attorney in the firm’s civil litigation and business law section.

Swift Currie McGhee & Hiers LLP has hired Virginia “Ginny” Gambacurta as a partner in its firm.

Wallace Jordan Ratliff & Brandt, LLC is pleased to announce the elevation of C. Keith Hamilton and Jonathan A. Griffith as members in the firm’s litigation practice group.

Brenen Ely, Susan McCurry, and Seth Hunter are pleased to announce the formation of Ely, McCurry, & Hunter, LLC, and that Lauren Wiggins is an associate with the firm.

Bradley Arant Boult Cummings LLP is pleased to announce that Alex Patrick has joined the office as a senior advisor in the firm’s Economic Development & Renewable Energy Practice Group.

Sirote

Hearn Bundrick

Byrd

Donahue

Turner

Delorey

Mantle

Cleveland Hill

Manning

Moltz

Patrick

Hamilton Griffith

Dickerson

Gambacurta

Wiggins