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TheAlabama MUll 1999 0" (hI C_r Springllmf1ln dowl/tow" 8Irm(lIl1ha/ll', Culturo/ District, The (ounta/nls un·

tered bet...·een Birmingham City Itall to the Wtst and the Jdrcrson Count)' Courthouse

to the tast, The 1999 ASII NlnUlil "'etlln!! wi ll be In UlrmlnRham July 14· 17111 the Birmingham Sherlton.

- Ph% btl Paul Crawford, JI)

IN THIS ISSUE PRl::SlOENT-t:l£CT PI(QFlI£S: HICIIAkO H, GILL ANO SN-IUt:l, A. RUMORE, JII .......... • . • • . ... . ....

Dt:J.IOCRACY IN Tm: D,\RK AwwIA

148 ••••.•• ,.,', .• ,', .• ,', .• • ,., ••• , •. , •• 153

LAw f'OUNOATION 1~'t:LLO\YS DINNER

.•••. • •••.••••••••.••.•

158

TOUCH Lovt: .............................................. 180

LocAL. BAR AWARDOt' AcIUt.'VEm:NT ." ••• " •• " , •• " , . " , •• , •• ,, 181

182 JUDICIAL REt'ORM IN AlAnAMA: A Il t:tucnON • , , , • , ................. 185 IT WAS Aoour Po\lIER AND JUDICIAL I NDW:NI)t:NC~: ••..••••.••.•••..• 196 RI::tU:cnONS ON n-t: 25nl ANNIVl-:RSARY OF TIlE JUDICIAl. ARTICU: .• • .•••

•

• AlABAMA STATE BAR

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1'6 Executive Oi reCtor'5 Heport 150

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yo,,! (lhO Jvno IssuO I, II bIIr (lirotlol)' Killion) by th,

I)isci plinilry Notice 204

Slut, Bar,

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Alabama Property Rights and Remedies, Second Edition JESSE P. EVANS III

A lllbilmil

ProJI~'t}' Rj~(!lIt$ tw i

Remr.dit$,

Editiol' amwen

q \l c~tions

un ique to the statutory undcrpilllling1 of Alabama property law.

Intended 3S:1 nandbook , A fnblHtllJ Prolurt)' R ig/I ts fllIIl Ut'ItItJlts, SttOIlJ Bditloll coven the areas lIlost frequclill y cncoullIcrcd in priV!ltt! p:":Icticc and o ffers comprehemive analysis of the Sl.l tUtOry righu and rcmedies 3ssoci:lted with the use, ownership. :Uld enjoym ent of rcal propert)'_ This manual will help you find the appropri:lIc right or remed y and then build a powe rful case 111 suppo rt of your a rgllll1e n t. OIY'c: ring expert gu idJllce from COllllllt nCemem through trial . A l ll blllFlil P ro/lrrty Ri,~ llIs IIIld Rl'lIrt dies, Stroud Edilim. provides invaluable info rmation o n a wide

muge ofpropcny issues.

SOllie chapters in A /II ~I,,,, a Pro/lerl)' Rf,l/'lls IfllIl Rcmrdfrs, Sumlll Editioll co llt~ in:t section o ((ornl ~ e:t ~ i l y :t(i:lptcd for specific cirC \lIl1Sla n C~ !.

Th is h:tndy referen ce .LI ~o includes checkl ists to guidc thc p r~ctitioll c r when dr:Lfting p:trticu!ar instrumcl1ts o r pleadillgli. or when presenting ~ v id~n c~ in spccific ~ctions .

$105' 115 4 pages, hardbound irem# 61851-11 ~ / 998

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PRESIDENT'S PACE

By Vic /.011

P the question. I(we nre e.rha ll~

the tit le to this colur'nl'l bcg$ ~till regMded as /I "profcssiol\," will we be able to m.~intaln this slalu.s into Ihe 2ht centur-r? Certainly eYfl'){lne \\'Ould agree th.ll

have seen many changes in the practice of law in the past len or 15 ~ars.

Indeed, the pace of chan[l:c has quickened liS we approach Ihe millennium, t have spoken about these chanAcs with )'Qu in previous "President's Pages." So Wt

wl"1' docs the (uture hold for us, and what can we do to control thl! direction which our ~profe!.'lion~ I:Ikc$?

N the law has become more :u'\d more

specialized. requiring a greater degree of eXI>crtise in liTeM like cmptoymel)t, trWi-

Future of the Profession?

Vic LoU

"

ronmcntal. finance. EIW)", nnd intellectual properly, large Illw firms in our state I\;l\'e prospered, ....·hilc many lawyfrs, particularly younger I~rs, struggle to m.1ke ends meet. Small nrm I~wyfrs, and many lawwrs in our more rural counties, spc:nd their tim~ on a \'ariely of litig<lted matters-criminal, civil lind dome$tiC-ilnd nnd II Increasingly dimcuilio advi$~ clients in areas which do nol involw lillg,11ion, In addilion, much of their lime 15 spent in whal is eMentially pro bono work on behalf of the poor and indigenl in the less populous nreas of our stale, While our slate b.u and many local bars are le<ldinglhe efforl to improve access to our legal system for the indilIent in both civil and criminal m.1Uers, the middlc class, t»rticulMly the lower middle class. may have fall~n through the cl'llcb. UrllIblt to access or afford legal services for ~ny allheir needs, and mindful of the poor perception which Illl~'Yen enjoy in AIHbamll, this group is increasingly turning 10 alterna. tive sources for "legal" assistance, These alternatives may actually include some tawyfrs. though in many cases they are time who nm major ad\'ertising campaigns for high-\IOlume, low-fee work in

1m.'lI! like Ixmkruptcy. divorce, Social Security and collectlon mlltten. Many others are attempting 10 do lheir own legal work by using forms available on the Internet. or title comp.lnies. real estate agents, environmental engineers. nnandal consultants, ard. mo5t particularly, accountants. As we hallt failed or refused to provide lellal servic~s to so many in our 5t.lte. (by our pric.inJi or Sill:· cia H%.ltioo). Ihe.se other IIroup5 hllve ntled in Ihe gJlP$. We in Alabama are nol alone. and this I'lUlYbt a trend thai \\'111 continue lO expand. It may be thai we lawyfl'i hallt not ··pticed ourselves out of the market." but into lh~ " ll1arke tpl ace.~ Earlier this month, the New York Slllle Bar Association's Specia l Committee on t-1ulti·Disciplinary Practice and the l..cgal l)rofesslon issl.led a report to its bar. Multi-disciplinary practice invol\'Csthe grouping and sharing of fees by different profcS5ionals in the $lImc firm 10 provid ~ a variety of services to clients. The t\mericlln &lr Association is ~IMl s tud~'ln.l! this issue and Its committee is to report J3ter this year. These efforts focus prinCipally on competition from Ihe Hlg Five account. ing firms, and point oul th.'1tlhis competition is not $Omethirg that may happen in the future, but a (ail accompli, particularly in developed nations other than the United States. bl.lt also here. In the last few years the Big Five have moved aggrCS$ivtly to exp.1nd the rellch of their practice in the areas beyond their former tax return domain. These firms now offer nnandal and estate planning, busineS5 consulting, litigation 5upport, lobbying, lind much more.

Currently, Arthur Anderson is the largest private employer of lawyers in the United States, wilh the announced 11001 of becoming the largest law firm in the world shortly aft cr the ~ar 2000. In El.lrope, Canada. Australia, the Orient.

and South Amuica the Big Five are already amo!lg the largest Mlaw firms.M Just last year lhe Big Five successfully lobbied Congress for a taK accounumtclient privilege which became law over the object ions of the Al11ericIIll nar Association, the Department of Justice and the Department o( the T'reasury.

Their I'rIo'Irketing notion of M one·stop shopping" has !)ten (Qund to be very appealing to the middle class ;md mid· dIe market compllnics.

Inlhose eountria, Including the United States, where accounting nrm5 have not yet been able to cross the line into the outright provision of leg.11 services. 11 is because of their inability to convince: leAislaton and state oor authorities to relaK eKisting ethiCAl con· ~trai nts dealing with fee-sharing, client COIlO!ct~, Incomp.1tibility between lawyer confidentiality obli~a tions and the dis· closure obligtlliO!15 of accountants. the inability o( IlIwyer-employees of lICCO\lnling finns to represent nrm clients in court, and the "formerRIlIck of a general privilege (or accounlants. And yi.'!. in the Unit ed Kingdom m~ny are concerned that the only pure role for lawyers which will remain in the near fu ture is as "lxIr· risters," lind the role of "solici to ra~ could be subsumed by accounting and other mulli·diKiplinary firms, In Florida, th ~ 5111e bar convened 1\ conference in February of this year to discuss mult i-disciplinary practices. the "flip side" o( th~ ancillliry business issue which many bars addreucd In the 19805, For yearl now, mlllly larg~r fi rms have offe red law· related services Includinglobbying. medit tion, title insurance and others, though lawyers owned or controlled those businems and the IIctivities of those I ~wyers remain sub· Ject Lo the rules of the or5lilnized bnr, In a multi.disciplinary prllctice, this is not neeess.ui ly the case. In (act. the typical multi-disciplinary firm would not be controlled by lawyers and it is this con· cern over tht 11!ck o{ ~ pro(essional inde· pendence" which is at the heart of the IIrowlng deoote over rei1lJoi3tion of ethi· cal requirements to allow the n'Iulti-d i~­ cipllnary practice. "tany point out that doctors lost much of their independence during the \I,'3Vt" of managed care takeO"JCTS 0( individual practices in the last decade. resulting in situations where doctors are unable to

prescribt: mediClltions or tests without the approval of some corporate clerk.

Al ready, insurance companies and other tradition"lly large users of legal services dictate the types of discovery which can be ulilized by lawyers in preparing for trial. Claims officials delermine when II deposilion Illay be tllken. whether a certain research project can be undertaken, and the number of intell'ogatories (or which they are willing 10 pay. This attack on our professional indq)Cndence is well on its way.

Yet. when bar associlltiollS raise concerns about ethical isslles, professional independence and conmcts of interest to fend off competition from non·tradltional providers of legal servlces, it inevitably sounds tike \\'e Me trying to protect Oll r turf and mllintain the mOnOI)()ly on the practke of law which we have enjoyed. The bottom line is thatlhe public Is demanding th1ll we make the legal system IICccssiblt and affordable to all citizens. If we can't or won't, I believe legislators will eventuatIy allow competition by authorizing parnleg,lls, legal technicians, accoullt,mls and others to fu rther Invade the Ilrovince of lawyering.

Is this our future? Are 1'.'('; 10 become II system focused solely on the effi ciencies required to apt)tll$l! the narketplace, with OIlly litigators, lind a few boutique prac· lices remaini!lg beyond the reach of the multi·disciplillilry providers? Pcrl'l<'ps Ihis course appeals to many of us, but it is certainly not the "profession" which n.'l5 existed in this country (or M r 200 yta r~.

We can'l bury our heads In the sand al'ld think that somoone else will take care 0( this cn.lllenge. If ....'C want to control our destiny, we must reach oul to all the citi· zens of our ~ta l.e and PTQI'ide lrue Hnd meaningful acces.~ to our lelVll system on an affordable ba~i:!. This ch';llIenge faces large firm~. small finns, !Ole practition. ers, and bi.!! city and small town lawyers alike. If we enjoy the pTllclice 0( law as we know it and ....'ant our "profC55ion~ to continue, then each 0( us must change our course and determine to become more inllt)I\Ij,!d in orgal1i~ed efforts to reach the indigent lind the middle ellISlI, 50 tn.l t they rtspccl O\lr system 01 justict as it currently exisls. Otherwise, the market· place will prevail. and our clients will be properly referrt d to as "customers." ror now. the choice is ours, •

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PRESIDENT-ELECT PROFILES Pursuant 10 the Alabama Slale Bar's rules govenlli1U the election of president-elect, the following biographical sketches ore pro{)ided of Richard H. Gm and Samuel A. Rumore, Jr. Gill and Rumore were the Qualifying candidates for the position o(presidenl-elecl of the Alabama State Bar for the 1999-2000 term,

and the winner will assume the presidency in July 2000.

RICHARD

H. GILL

1-1 , partncl' Montgomery fi rm of Copeland.

R Franco. Screws Gill. I',A" was oorn ichard

Gill, a

in the

&

April 9, 1940. He is a 1962 grad(late, maglla cum l/JUlle, of Vanderbilt University and a 1965 grild\Jille of the University of Virginia School of L.1W. He was tapped for Phi ~:ta Sigma and Phi Betil K",pp(l (1961), IIrld was a National Heril Scholar (1958) . lie ~e rved 115 II captain in the United Sl ate~ Mmy from 1965·67 and received the Army Commendation f.ledal and Pirst Oak Leaf Cluster, Gill's Alabama Slate Bar involvement has incl uded 5erving as a member of th~ Board o( Bar Commissionm in IQ83 and from 1986· 1995. induding serving on the executive Council frOm 199<1 ·95, and (IS (I member of the StOlte Bar Thsk Porce on Lawyer i)iscipline and the T:.lsk Force Oil Lawyer Political Action Committees. lie is a past chairman of the 5tate bar's Commiltee on Character find Fitness lind past vice·chairmiln of the Alabama Supreme Court Committee on Appellate Ilules (1972·90).

In 1974. he ·...·as senior associate coun· 100

MAY'090

sel to the U.S. HOUle of Representatives Committee on the JudiCial')' on the MaUer of Impcllchment o( President Hichard M. Nixon. Gill has also served as legal advisor to the AJllb"ma House of Hepresentatives Committee on the Judiciary on the rT41t· ler of the adoption of the Judicial A rticl~ to the Alabama Constitution. 1972-73.

Gill is a member of the board of directors, Friends of the t>101\tgonlel")' CQUnty Public Library; the vesLry of the Episcopal Church of U,e Ascension; and the boflr(] of directors, Celltral Alabama Mental Health Authority (1980.1985).

H ~ also is a fllemb~ r of the Alab"lllla Law Institute, the board o( the Alabama U!W Institute for Continuing Legal Education, the American !lilr Association. the American Trial L.awyers Association. the Abb.lma Trial l...awyers Association (Execl)tive Committee, 19771986), Gill was chosen a I~ellow of the American College of 1'rial l...~wye rs nnd the Alabama Bar ~·o u n(]ation. and a Life ~'cllow of the American Bar Association.

Gill ha~ been ndmilled to practice before the U. S. Supreme Court: the U.S. Courts of Appeal for the Fifth, Sixth and Eleventh Judicial ci rcuits: the U.S. District Courts (or the Middle and Northern districts of Georgia ilnd the Northern. 1>liddle ~nd Southern dist ricts of Alabama: and the Alabama Supreme Court He is a frequen l lecturer and teacher at continuing legal e(]ucation courses for the U n iver~i ty (If Alabama and Cumberland schools of law.

Articte$ he has authored include "The Proposed Alabama Appellate nules. An Overview," 26 ,I{a/xmw Law Review 639; "Uninsured MotQrist Coverage: An Alabama Success Story," Alabama trial Lawyers Journal. April 1973; and "Proving Attorne)/,$ Fee~ in Alabama," 45 Al/lbam(1 wlllyer. No.3, May 1984.

Gill is milrried 1(1 Minnie Let Richard$on Citl. and they have one son.

Charles Ncl50n Gill. 27.

SAMUEL

A.

RUMORE, JR.

A. Rumore, was born in S arnuel BirminghMn. Alab'lI11a on Februal")' the son of Samuel A. numore.

Jr.

27, 19<19.

Sr. and Theresa LaSusa Rumore. Sam was valedictorian of his high school class lit 10hn Carroll in Birmingham in 1967. He graduated from Notre Oame in 1971 with a degree in history. At Noi re Dame, he was a studenlsenator and W<lS tapped for Phi Beta Kappa, a!;lJ.dcmic honorary. and Phi Alpha Theta. history honorary, He was ,,1$0 t:ommiuionc(] II second linJli:nlJ.nt in Lht United States Army through IWTC and was a Distinguishc(] Militlll")' Cra(]uate.

1111974, Sam grllduated (rom the University of Alabama School of Law and bcgal\ practicing law with Nina 1>1iglionico in Birmingham that same year. He has continued to practice famiIylaw. probate, bankrUPtcY and el(]cr 111\\1 with "Miss Nina" for 25 years. a!1(] is a partner with her in the firm of 1>1iglionico & numore. The other memo ber o( the firm is his wife, Pat Boy(] RumOr~,1I nfltive of Thscltloosa an(] a 1975 graduate of the University of Alabama School of 1...1W and former staff

attorney wilh Liberty National.

Sam completed more than 25 years of commissioned service in the United SUites Army neser\'e. He served in a number of po5itions as both a staff offi cer and an Army lawyer. He graduated from the Command and Ceneral Staf{ Course. the Reserve Components National Sewrity Course, and the Judge Advocate Ceneral's CorPI Advanced Course. Sam retired (rom the Reserves in 1996 with the rank of colonel.

Sam has been activt in the Birmingham Bar Association fo r more than 20 years. lie has served on many "workingH committees including lhe CrieVllllce Committee. Fee Arbitration Committee and Law Day Committee. of which he was the chairman in 1982.

Other IJirmingham Btlr activities have been the Professional Ethics Committee: Filfnil)l. Domestic and Juvenile Courts Committee: and Special Assignments Committee.

Slim ~e rvcd for five yeMs on the Birmingham Bar ~;~ecu t ive Committee, including one )lear 115 secretary-treasurer of the Blrminghaln Bar in 1997_ lie chaired the IlIsto!')' and Archivts Committee of the Birmingham Bar for t....,o years and is presently assisting with the publication of a book on the history of the Birmingham legal profeuion. Ue hal served as a trustee of the Birmingham Legal Aid Society and 15 on the Hoard of Directors of the Oirmingham llar Foundation.

Sam is a ml.! mber of the Alabama l.aw In ~tilu t c. l ie has worked on the Alabama Adoption Code Project. the Joint Custody of Children Project, the Uniform Interstate ramll)l Support Act Project. and the Legal Sep;lration Act Project. He was also a member of the Supreme Court Adl'isory Committee on Child Support Guidelines and Child Support Enforcement .

One of Sam's proudest accomplishments came In 1983 when he was appointed chairman of a ~¡l\mil)l l.aw Committee with the exprcssed purpose of e~tablishing an Alabam.l State Har ~'amlly Law Section. The section \\'as created in 1984 and Sam served lIS lhe fi rst chairman of the section.

For the past nine )'tars, Sam has represented the Tenth Judicial Circuit on the t\labama State Oar Boord of Uar Commi"ioners. While on the boord, he

the Alabama I-Ilstorical A.o;s()(iation. Sam ha5 lectured at CU; programs as well as historical societies around Ihe state.

In community activities. Sam serves as chai r of the Jefferson Count)l HistorlClI1 Commission and the Birmingham Public Park lind Recreation IJoard. lie ....'lI$ president o( the Crestwood Neighborhood Association in the BirmingNm Citiuns f'articipatlon Program for four ycars. and was named Outstanding Citilten of Crestwood by the Crest....'ood Civic Club in 1991. He was in the 1992 class of Leadership Birmingham. Sam is also a member of the Birmlngh~m Civilan Club. Central Alabama ,.1en$.'l and the YMBC Civic Porum.

Sam and f'at flu more are the parents of threc children: Clai re Patrice. 20, b sophomore III Auburn University: Theresa Crace, 18, a high school senior at John CllTrol! in Birmingham: and Samuel Charlcs, 16, a sophomore at John Carroll. The ilumores are members of St. Francis X~vier Catholic Church. â&#x20AC;˘

has served on the MCLE Commission, various diS(1pJinary panels. the l3o.1rd of ~~d lto u of The Alabama l..tJwyer, and the board of the Alabama Bar Foundation. He proposed the crealion of an Alabama State Bar History and Mchives Committee and has servcd as chairman of that comn-ittee for the past two years. He \\'35 also I found ing member of the Alabama State Bar Elder Law Section. Sam i5 presently a member of the Board of Bar Commissioners Executive Council.

Si nce 1987. Sam has written a regular feature in ThCl Alabama i.llw!lClr magazine on the courthou5CS of Alabama. He has shared hIs research bnd intercst in Alllbama history with the lawyers of Alabama in more than 65 Ilrlicles. His writing hasalso appeared in the IJirmingham Bar Assoclallon JOlln1O/ . the Illtlbllma Review Quarterly JOl/nIal of Alabama Ilistory. and in the book I Wish I WaS;'l Dixie. His ot her professional a((ilialions include lhe American l3.u Association, the American A.uociation of Matrimoniall.awyers and

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Ah~r IlNmiillviwf}

Our Greatest Export: The Rule of Law

Keith B. Norman

rAl/IJ ii' MQlllgom•.'I'JI. KlllUkhslulIl'lsllors INpim for StlO'itmdU(), 1.DIlo r4JhI urt!: ~'!oll.r ;"/<"1''''/''r," 11.,..,."i!lI,JI~" $KAJ. PlWiiklll; Nil/kim KhOO/l(I/Ji>'1X'IQI'Q, SKA/. 1IWC1l1iI'i/ III~I()TI Zltamlol Asafl(ll!li. SKAlIlXC'fuli/." /KJIml m~mb.!r; 1/J11I"'1tJ K(II1:I:tJ(fI/I'l. t;.wyell Worl\! "1lWJp.\peT c:fJJ7'I{o spomli.7w Alia HuIS/tl", Imatrm!ltr: </rill ASH f~'(l'i:ulll'Ol DlI'I.'CIM Hci/h N(Wllllm.

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his past t-1arch, we were honored by visit of a four·member delegfttion from the Republic of Ka7.akhstan. The delegation was 5Cheduled to visit

T

11

Montgomery, Sacramento, ChicilgO ilnd Philadelphia under tile au~piccs of the Al'l'lericllf1 Bar /U$OCi<ltion'$ Ccni rallind Eastern Europe.. n L:!\V i nlUative

(CEELJ). CEELI began in 1992 by mobilizing American lawyers and other lcglll

experts to provide assistance to newly independent cOllntries lhat were for· merly part of the Soviet Union.

Establishing judicial systems premised on the rule of law has been a crucial element of CF:ELI'~ work.

To furthe r the rule of law in 1(1J.1.1Ik h~tlll'l ~rld th~ 21 Olher natiuns.

CEEU h1J.S attempt~d to identify partners with whom it eQuid build long-term relationships. The prog]'[It'l'l has initillled long.term strategie~ for strengthening the institutional c:lpacity of locallx'lrtneTS including judges' associations. lawyers' associations and legislative reformers. CEELI hIlS contributed to stronger ;lI1d more independent judicia. ries by: educating judges thrml!lh intensive and rele\"l11t W(l rk sh()p~: making judicial associations institution"lly

stronger 10 promote judicial independence; establishing judicial training cen· ters; lind h:ilding initiilti\'es to introduce judicial qualifying procedures. Similarly, CEELl has s\II;:cessfu!ly l1elpw develop indcptndcnlllrofc~i/'Jrta l lcl:I<t1 a~socia­

tions and oTg;Jnizc continuing leg:!1 etlucntion progrlHlIS. CEELI hh~ also stimulated reform in formerly Soviet law schools. and offered advice in the early stages of legislntive and constitutional reform while emphasizing the im)>ortrmt linkage between the rule or law reform and commerciill Illw development.

Posterin!llhese m<\ior chan!les in Ihe legal ~trucllires in the emerging democracies has been a d.1untinlt task. Alilb<lma lawyer TcrYu Cannaday of Albertville ha5 heer! one Of Ih~ mall~ lawyer$ and judgcs selVing Irs tecirnic<ll ,ldvi$Ors in the former Soviet Union. (See her <lrticle following this column.) Tcrc!.ll hM ~ervcd in the Hepublic of l<a1..<rkhstan. Teresa contacted me by c-mail from Shymkcnt in southern Kazakhstan about six months ago. She was interested in estab· lishing a partnership between the Alab,rma St,lle Bar and tile newly formctl Southern I(azolkhst,rn AsW\:i~tion of Lawyer~ (SKAL). She Illso wanted t() htlp

arrange for a delegation from SKAL to visit Alabama on a schedulw tour of the United States so Uu.t thE:')' eQuid learn about the operation of the Alabama State Bar and Alabama's unified judicial system. After several e·mails and eont.letJ wilh C E~L l's office in Washington. the lIislt o( the delegation (rom Southern Kazakhstan to AlabJmll was ilrrllngcd.

Our lIisitors included three lawyers, rolr.

Yevgenly 1;)'11011, president o( SKAt: Ms. Roikhan Khobciabergeno\'a. executille director of SKAt.: and Ms. Zhonnat Alano\'1. ext<'utillf! board member of SKAI.. The (ourth member of the delegation was a correspondent (or J.lJW!!L"'~ 1I'0r((l Newspaper, 145. Tho!),ana Koret&iclIya. The Board 01 Bar Commi5sloners forma lized our [lIlrlnership with $M L lit its fol aTeh meeting.

The two days thnt our four friends spent in Montgomery were an opportunit)' (or them to observe and ask QUestions OIboutlhe pr~rOlm5 lind operation of our state bar. They had a chance to learn about the Opfration o( a lcxal bar when they met with reprtsenlalive$ o( Ihe folontgomery County Bar

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Association. Our lIisitors also spent a (ull day learning about our state Justice s)'Stem. Their itinerary included lIisits to the Montgomery Count)' Circuit Courl. ~lontgomery fo1unicipal Court and Pollee Department. Alabama Administrative Office of Courts. Siale Law Ubrary and Supreme Court ~nd Courts of Criminal and Cillil App~ab.

Although our friends had a chance to learn n great deal about bar operations and our unified judicial system. we hlld

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Be(ore departing, our friends shared wilh me through the interpreters how much lhe), appreciated lhe time ellery· one look to explain how our judicial system works and to answer their man)' questions. SKAt. President Vellgeni), l.yS5OV related thallhe)' hnd heard ,Ibout Southern hospitality, but wh~ t they experienced WOlS more than they could ha\l(: Imagined. lie told me that II

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help and assistance of many people. I thank the (ollowinl;l individuals (or taking time to help organize meetings or t() meet with our vi$itor~. A{ahama Supreme Court: Chief Ju ~ tice Pen)' Hooper, Justice lIugh MaddoJ{, Ju stice Glnmllll Houstoll. Justice tlll.roid Set. Justice Champ Lyons and Justice Jean Brown , Courl of Grimifllli Appeals,' Judge franci s Long. Judge Jimmy Frye and Lane Mann , clerk, Court or Ciuil Appt'(/Is: Judge Sharon Yalu and John WUkerson, clerk. Montgomery Circuit Courl: Pruldlng Judge Charles Price.

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Adminisiralilll.! OffiCII orCourls: Frank Cregory, director; reti re~ Judge Joe Colquitt , Alabama Judicial College: I'eg Walker. director. Judicial Study Comrni~$ion: l ynda Flynt. general coun5cl; and Callie long,hore. director.

Albbilma Judicilll Collegt. State Law Library: fib!')' lIorton and A1ama Surles. Montgomery County Bar ,wocirllioll: Umra Cru r'D , president: Dorman Walker, chair. Nontgomery County Bllr Association Grievance Committee; llnd OIlW" lIoward, executive director. Finally, 1 thllnk Ihe Alabllmll Stole Bnr slllff fo r their usual efficiency and hard wor~ in preparing fo r our visitors, •

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the one thing thai was most me~ningful to them was the (act that the Alab'lma State Bar had ~ecome their partner. 1 did not ask the interpreters to ask them why they (ell that way because I think I knew the ansv;er. It is something that Inwyers in the United Stales I;lke for I,I:ranlcd. [ believe that ou r lilwyer friends from S[)uthern Kazakhstlln feel

that the organization of their own bar association and th~ partnership wi th lhe Alabama State Bar makes them a I~gal profession fo r the first time, They now see themselves as a part of a noble calling seeking to ensure that justice pre· vails under the rliit of !;lW. Adde ndum ~ The 5uccessfu l visit O\Jr visitors from l(a7.akhstan requi red the

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.' , ocracy in the ill ;

By Teresa L. Cm ll1(/{~1J and Stalin did the ",me thing with many Korean Pfople, Because of this history the current population consists of approximately 45 percent Klll'.llkh, 40 Pf'rcent RU5sLln and the ru t other nationalities.

1ll1:lgine, if you can, living in the United Stales all 0{ your life and prOlcticing law there for 3() )'eaTS and someone suddenly tells you thai your gowmment no longer exists, TIle legal s~tem is gone, the courts don't e~i st , ilnd the social weJ(are s),stem U'I.IIt provided for all your needs no longer exists. 11 IS hard for us to imagine such II scenllrio bul that i~ wh<lt h<llmened in K<l1.Jkhstlln ill 1990. They literally had to sl",r! over ;lgnin and sen 'illf/ (or IIIl' ((lSI dghl mOllfhs a,~ II fcc/mical (I(Msor i ll this lime with a history of 70 years of Communist oppression 10 Southern l(awkhsl<i1J. She hils propmed Ihlll Ih" ASII bcrom~ ow:rcome. The free ....oorld tells them that the J.treOlt democracy h3S come 10 them but "" \'1.111 does that mean? [t memllihey can a partlJer wilh the Southenl Kazak/ufa" IJar As..~(Killlion, (P/L'OSI! al.ro .~f!(' Ihe "t;.x('Cw iloe Direcl or's Rt'I'}()rl" in Ilu:f isslle.) vole, if there is anyone to vote for, and it mealll that durinlt the majority of an)' day in certain areas of the country thtre 15!lO electricity and no g.u, and the goyemment and m.1lly private \leryone knows where Kazakhstan is, right? It's part of lhe United Kingdom, or so, alleast one AT&T interna· enh:rpri$(!$ are no longer paying Ihe workers their ""ages. It is lurd to convince people lhat democracy is an improvement tional Operator thinks. Ka7..akhslan is located in Central Asia and is the when these condi· lions elist. Il ls second Illrgesl state of the for· about rriorilies, II mer Soviet Union. is very difficult to To Ihe soulh be conccrned Turkmeni$tan, aboul democratic Uzbekistiln and ltk!as when you Kyrgyzstan bor· arc a student silder KaUlkhstan. ting in a dl,'\S· To the cast there room with your is a 1,700 kilome· coot anJ gloves on ter frontier with and snow pllirlg the People's up on )'O ur desk.

Hepublic of On sewral occa· sions here I have Chi na, The long norlhern border heard people say, is with the "At least during l~u5s iall communist limes, ,LIII!f~ fII llIiII No.,"f/!.nb#r 199/1 1l.wm lIull _ffng I" ~,rlM!l. hoIt~ bill"" $il{,/h"m Xu:ukhJllD' ~·ederat i on. In the we always had Assoc/(ll/otr ofl,oo~." ~ CmlJlU/lN IJ third from WI) southwest there is electricity and "''e a 2,320 kilometer got p.lid." coastline on the Caspian $ea. The Caspian is beliewd to be a .O[)emocracy in the Dark" - it is !lOt what they had hoped fOr. rich source of oil but presently there is a controvers)' as to who Progress is being made daily. however, thanks in p;!.rllo a owns these deposits of oil. program conducted by the American Bar Association known as In October 1990 Kazakhstan declared itself an independent the Central and F..ast Buropean I..aw Initiative or CEEI.I. CEELI slate i\nd in December 1991 joined the Commonwealth of is a publ ic service project designed to advance the rule of law by Independent States (CIS). The country hM 11 rich history supporting the law reform proce~5 underway in Cenlml and bcgill nin~ in the 6th cenlury when1\lrkic tribes began 10 set· Eastern Europe and the Newly Independent St.ltes of the former tie the region, In the 131h centu ry r.longols conquered the Soviet Union, CEELI makes available the leg.ll expert se of hrca, Catherine the Creal exiled man)' Germans to Ihe region American volunteers to assist emerging democracic~ in modify• 071 March 22 aliI.' 2.1, the Aluflmnll Slate Iklf hosted four I'isi· (or.f from Soulhc'l'II K(lsokhsl oll. Three In/lyers (111{/ one fl!JX)r/f'r. (Ifong with two illierprt!lers, t'/sired Mon/gomerg /0 studg Ilu' slulc bur and Alaoomus U"ifil'!i Jl/dieM Sgsll.'m.

Their il,'rwrarv also illclutks ('isils to SacromL~llo, Philatkf"hill, ChiClJqO ami Washington. f),C. The I'i.fil i,( l)Qri of the Cer"ml and fa:;'('''' EUropt.'Oll Law IlIiliofil,1f,! (CBtlJ) sponwrcd bV the AmcrittmlJor IIs.rocil/li(»l.

CEEI.I is til/effort f? pTTJi,ldc lechllica/ assisl(lllCi' for the esrabUsl/mm/ ofj/l(/iclul.(!I.~fL'fIl.f lIIuMr fhe mIl' 011(1/11 illlhe (onner Souiel moe rollntrlt!.~. ASH nll!mber 'n!ri!S(I C(IIII/(Idy has bL'f!l1

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Ourlrttl II CU,' ...,.inq, on rWWJIW A:Im 7b1!JII C/IIII~ (fhirll ..ro..,IdI) ~ III Dn/UJ/"'t ~ ;"lm'iNm /If the din.yi(W 1,1/the IJnit"" ",,,UQlll llivh CI'lmmi#klrr on R~ wlM Droll..

lng or restructuring laws and legal systems. Apremise of the proj ~ct is thai Ja$ting economic Ilrld political reform is dependent on a functioning system of IllW. The rule of law. 50 bllsic II p;lrt of our cultural fabric, is:m urgent priority Dnd 11 new phenomenon in Irany countries now IHoving a.....ay from communisland sociahl systems.

CEELl's legil as.sistance programs were conceived Ihrough cons.ultations with leaders in the region to respond quickly and broadly to the enormous tasks associated with reforming their economiu and leg<ll infrastructurts. With lillIe other I«:hnicallegal assistance nowinA into the regions from Weslern Europe or the United States. CEELI initially focused on such issues as conslitutionallaw. judiclal restructuring, criminal law, and commercial law. To support the tlevelopmerlt :md reform of indige1\Ous legal institutions, CEE LI is allocating additional resources to assist in judicial rest ructur. ing. strengthening lawyers associations. reforming legal educlllion. and combating organized crime and corruption.

In providing technical legal assistance. CEEI.I is guided by several key principles. first. C~Et.1 is designed to be resp()nsive to the needs and priorities of the count ries of Central and Eastern Europt and the NIS. not those of the U.S. participants or sponsors. Accordillgly.the structure ofC ~:E I.I I$ htllvily inOucnced by consultations with governmenlllnd non·~overn­ mental officials. legal scholars am/ prtlctitio ner~ frOrt1 the host cOUlltries. Secund, CEELJ rtcognizes that U.S. legal experience and traditions offer but one approach tllat participating countries may wish to consider. Avariety of models. including t~o$e of many civi l law countries. offer alternative legal tradi. tlons that are .150 valuable sources of law. Finally, Ct;Et.1 is II public service project lind not a deviee for developing business opportunities. Accordingly, strict conniet of interest guidelines b.lve been developed to ensure neutrality and 10 aV(lid any appearance of conflicts.

By turning to the ADA's 370,000 member lawyers. u well as othu legal cxrer15 in Ihe U.S, and Wutern Europe, CEEL! hM been able to make available a high level of expertise in the areas in which the p;lrticipating countries have requestetl assistllnce. Participating lawyers and judges volunt eer their time on a pro oono basis. CEEl.I hal been working in Ka~,lkh5tlln since 1993 and presently hilS offices in three cities, The CE~:LJ liaison 10 the city of /\stana. Ann Harie

tJereschak of Pennsylvania, is working with l'arHamen! to open a leAislative drafting center. I provide assistance In both Almaly and Shymkent that centers on bar aSlOCiation developrllerl! t1nd dissemination of legal information, CEELI helped to start and continues to alsista bllr association In Shymkent and we are also tT}'i ng to open a law libraT}' there. 1'>ly fulure p rojec t~ include starting bar associations in two olher cities as well as starling two 11lW student associations.

It is hilrd for us as Americilns to imagine 1101 having iI bar association and even harder fo r u~ to understand Ih~ lack of legal inforMation. l.aw .st\Jdentsl\Te studying without bookJ and there are flOW, if any. law liburiu, Wt wert able to pur· chase furniture and a small supply of books by monits provided from an AUA advocacy grarl!. We are currently seeking donMion5 and other gran15 to adequattly supply and operate the libraT}'.

I quickly became a local hero when we purchased furniture for the law libraT}'. I noticed that the workers lI'ere being very talkative with my interpreter and when 1 inQuired as to whill was hilppcning I discovered thilt the employeeJ had not been paid their wages in several months and were now going to be bec.1use we hild bought these items. They ;I~kcd me to come back 500n and to buy more. The process of purchasing and mOVing thc~e itcm$ took an entire afternoon. The men had to manually load the furniture onto a Oat.bed trailer. which the)' pulled with an old tractor stwral miles IIcr0S5 town to where tht One-room library is located. !loth the libraT}' (known III SKLlC, Southern Kazakhstan I.egal lnformation Center) and the bar association (known as SKAI.. Southern Kil1.., khslim Association of l",lWyers) are NonGovernmental Organizations or NCOs. In order for any orJotan i ~cd group to oper,lte legally in Kil1.ilkhstlln they must h~ve a chart er and be officially registered with the appropriate government office, This process can often be iI cumbCf50mc and time-consuming prO$p~c t.

The SKAt. has a permanent office with a full ·i!me cxe<:utive director, Ibihan Khobdabcrgenova, who is an attorney. They tle~t officers on a }'Cllriy basis and are continuously increasing their mcmbership. including allowing law students to be members during the last tW<l )'tars of their education. They hold monthly roundtables and various seminars to assist the public and to continue their legal education. as well as to discuss proP()sed drafts of laws and offer their comments to I'arliament.

Durl'lIIliN1 Sh/lmktll/1bImlltlll m'"f/lillll./""rfilJm.~llrlrU.u 1111,'/ with /Ill.'ll ~i<I~llls.

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On November 7, 1998, tht SI<AL hosted a town hal! meeling with the assistance of ABNCEELI and IFES, the International FOurldatioll for Elcctloll Systems, Again, in the U,S., this would have been a simple undertaking but not in Kazakhstan.

Due to protocol with Parliament. invitlltions had to formally issued lind lIpJlroved by the head of the Senate. A!3NCt;EI,J provided airfare and accommodations fo r eight Parliam e ntaTi~n s to travel from Ast~na to Shymkel'll. There are no travel aRcncies and crcdit ca Td ~ aTC virtually unheard of, 50 the process involved quite a bit of IOili$ticlll wOrk. The meeting W<l~ <I huge s ucce~s . For mon of these people this ,,"'as the fi rst time they had ever had an opportunity to speak with lhe representatives. They cannot simply go the I'Mliamenl sessions or even to the office of thei r representntives without an invitation lind special pass to get in, Every day is indeed a new adventure. Somet imes it can take three to four hours just to check your e-mail. The telephone lines are so poor here that it can tilke fo rever to lSet a conneclion and then you can on ly keep it fo r a few Seconds.

Everyth inA moves slowly here and life is quite different th<ln in the U.S. As ~ volunteer I h<lvc no ~tl l lLry. Ilowcver, laLllllrovided with h ou ~i n g, reimbursement (or medical insurance premiums, and a monthly Hving stipend for meals and incidentllb. t>ly agreement here is to work fo r one year with a I)(ISsibili ty of being asked to stay on for another year. It is quite a commitment to pick up and move, literally, halfway around the ,,"'orld.

1tnsu Q"ma<fJlln IIr" IIIW libru'll in SIr,lmlilmlll'i,Ir II'11r 1m Mill "'/wcucll Jlm,,1

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l\lany westem goods arc available here in Almaty but Diet (or Cola Light, as il is called here) is virt\.lally unhfwd of ou15ide of Alm'Lty. Bre:td <lnd veget:tblt$ :tre plentiful and dle<lp but most other good$, especially imported ones. are extremely expcLlsivc. I hnve just rcccLllly fOU Ild a Ilew TelUlCo Station with a mini-mart which sells Campbell's Tomato Soup for II mere $3 per can. There is a huge department store, TSUM, which hIlS quile a selection of items, including toasters fo r $25 dollars and up. and plastic lamps for around $50. No K-MAHT '·blue light specials" here, The work here ciln be frustrating but in the end Is very rewarding. 1'0 see democracy in action and help it move forward is truly a dream come twe. P~ople everywhere h<lve the same dream of a better life fo r them~elvH ~nd their children.

A miln here <lsked me why <III of the Americans ~mi1c ~ much, He Mked, "DQ you not h~ve ~ ny problcm~?" I responded tl131 we all think we do, but that conwarcd to theirs, our problems looked pretty insigllificant. I am always encouillged, though, whell I meet young lliw students here who smile and tcll me of their hopes fo r a truly democratic country one day, If you are interested in the possibility of being a VQlunteer. eithcr in-country, or with short-term ilssignments such as assisting with seminars or Tevicv.'ing drafts of laws, please tontatt the CEELI office in Washington, D.C. al I-SOO-98-Ct::ELI. • Cok ~

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BAR BRIEFS

• Baptilt llealth Sy,lem recently elected new officers (or 1999 to ils board of truslees, I::ach will serve a on~·)'ea r term on Ihe not·for-profit organization', 28·member boord that. with lhe support of the Birmingham IJaplist Associlltion. manag~5lh e

direction and function of the state's

~lrgesl

health cart systcm.

Thlladeg.1 attQrney B. Clerk Carpe nter, Jr. will selVe CIS ~hairm.m of the bOilrd. C<lrpcnlcr is ~ parlner wi tl~ the firm of Wooten. Thornton. Carpenter. O'Brien. I..~zenby & Lawrence.

• Birmingh:ull attorney Jim I'orter. of the firm of Porter.

I'orter & Hassinger. P.C .. has been appointed a trustee of the Alabama Tru81 Fund to 5eIVC a six-year term. He lias also been appointed as a board member or ~'orever Wild Land Trust to sClVe a six-year term. /I.df 10 ,iJlhl} 11,,111 M, I,(II.\ ', Sr. IWIph /). Canlllt, Jr. lI'illlllm C Suflillm IllrU '1'1I<Imo1 H..'UM,lkoiJ

• The Thlladega Count)' Bar Au odllUon held II dinner meeting at the COOS.l Valley Country Club in Sylacauga on February 27. This meeting was attended by over 75 lawyers and guests. lind hO'lored reBA members who have also been members of the Alilbama State Uar for 50 years or more.

Honored W{!re Thomas Ht uben Bell (59 years). George F. Woolen (56 ytarsl. lb lph D. C"lnu, Jr. (50 years), Huel ~1.

Love, Sr. (50 yean). and William C. Sulll .... n (50 ~ar5J.

• Tuewell T. Shepard has been elected vice-chairman of the AI.ahama Space Scienct Exhibit Commiu ion, a state agency that govems the United SUites Space and I~ocket Center in Huntsville aoo licenses Sp.:Ice Camp and Aviation Challenge.

•

~Ju vcnile

Justice" and "Animals and the Environment" be twin themes of the first annual summer coi'lferencc for the Southern Anlml ll..w Center. Int. The conference will be held July 29- AuguSI I. 1999 in Atlanta. Information about the conference mllY be obtained from the Southern Animal L.aw Cenl er, Inc. at P.O. Box 2692, Huntsville 35804 .• ....'ill

WANTED: Alabama Judicial Code of Ethics Around 1907. a framed copy 01the new Alabama Judicial Code 01 EthiC$, wrillan by Thomas Goode Jones, was presented to each of the courthouses in Alabema . This Codo of Ethics was the lirst such code e. . or established, and was tho baSIS Iwith . . ery fow changesl lor the existing American Bar Association Code 01 Ethics. This is an important part 01 Alebama'S judicial history. The sUp!'eme court and slale lew library in Montgomery arB very inlerested in obtaining a copy 01 this, regardlass of its condition, to display in the naw judiclel building. II you ha. . o a copy 011hi5. il you know 01 the existence 01 a copy,

or il you

know someone who might have some knowledge 01 this. contact Tim Lewi •. ,tate law librarian, I t 1334) 242-4347 or Mary

Edge Hol1on at (334) 242-4958.

..,., '!J!II>

.!,

Alabama Law Foundation Fellows Dinner

T

he third annual dinner of the Fellows of the

AIIlb.lll\'1 Law Founlilltion was held Friday, Janu<IIY29, 1999 III the Capit.al Cit)' Club in f.lontgomery.

Fellows Me I.myers who have been member~ of the Alabam;l State Har at Itaos! ten yeaI'! and who ha~ dtmon~trllled 0\11standing dediQtion to their profession and to their community. AI"'- f...,/(JU's: Sllmdirtg fL-R) R()llmllA. Max. Mklkwl /,., J..'duurrh, MilffhD IJimWlI. ~ /1f'fSIdt'I1ISixteen new Fellows WHC t'4.d f)/11w .....a ufldAIJ' I'r4kkrIl Spud r"''OfJ/'I I~ II<d. Jr. !W;11i.'i/ (~NJ J«rA A. Illl/kef. Jr.. Hobwl P. fJt ml/llon./n Tfftlh!flll...... 11/ inducted into Fellows member· ".. ship in 1998, Membership in the become the president-elect of the American Bar Association ~'ellows Is limited to I percent o( stille bar membership. FeliOWl! lit its 1999 Allnuill Meeting. Ms. B~rn ell 5pok e on the reward· iLrc nominilted by Ihe membership of the Fellows. ing experiences $hl! ha~ had in hH legal C;\Teer, especiall)' in Alabama [..lW Foundation President Spud Seale of her pro bono activities. f.lonlgomcry presided at lhe dinner. The 5J)(!lIker for the f'ellows' contdbuliO r\~ will help fund projec:s o( the (ounevening was Marth.l Hllrl1ett of Thllahassec. Florida. f>ls. ulltion that benefit the legal communit)' and the public.

• Barnett is /I partner in the fi rm o( 11011010<1 & Knight, and will

How do we improve the image of the legal profession today?

Our answer is "One lawyer at atime."

Winner 01 a 1997 l>ublic l~elation5 Council of AJab,'1I"1 t>1erit Award and a prestigiow 1998 TELL'll award for vidoo production. "To SeM The Public" is designed (or U$C in spe.1kin.ll to civic and commlrnit)' RroliPS. including schools.

Evcl)' local b~r l\S5OCiation in the slate has receivcd H free COtl)' of t he video presentation and 300 broc hure~. Contact your 100'11 bar association president or Cdllthe ASH lit (334) 269-1515 for ~di ­ tiona1 copies or information. This completc public service video presentation includes: the eight-miml!e video: it handbook 01 speech points: and informational brochures (or the audience. (NOTE; 1V and radio announcements have been ex~rplcd from Ihl! video and are now being shown across the state- look ,Lnd listen (or them in your community and encoural:le your local stations to air theml) ' 01 ...... ' ''''.

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~~ U[X][E [P)Q,JJ ~[bD<h: YES, I volun teer to present or to help schedule a presentati on of "TO SEINE TH E PUBLI .. to groups in my area. Contact me to make arrangemen ts!

NAM E _ _ _ _ _ _ _ _ __

BAR ASSOCIATION PHONE OR E-MAll _ _ _ _ _ _ __ L _____________________ _

MEMORIALS Charles Owings Caddis hcre;u, the Birmingham Brlr

W Association losl one of its distinguished members through lhe dCOith or Chnrlcs Owings Caddis on August 5, 1997 at the age 0(53; Whereas, Charles Owings Caddis obtained hi5 undergraduate and law degrees from the Univtl1ily of Alab,lma and nfter graduating returned to Birminghllm and WIU employed by the First Nlltionllillailk of Blrminghtlnl in

its trust department: and.

Wherells, Charles Owings Caddis later entered the private practice of Illw lind established with his partners the firm 01 Kracke, Caddis. CWln, B.uhinsky & Woodward. Later, he was a partner in Ihe firm of Carlton, Boles, Clark. Vann.

Stichweh & C.1ddis. At the time of his death. Charles conducted his own private practice from the offi t't~ 01 ~1cNamcc, Snead & Hobley. His pruclice W<lS concen· lruled in the areas Qf estates, real estate ilnd general corporate 1l'l.1ttCI'll; and, Where;u, Charlel Owings Caddis was a member of the Sons of the American nevolution, served on lhe Executive Ilo.1rd of the Jefferson County nepublican Party and was a member of the Cathedrat Church of the Adwnt; ami, Whereas. Ch.1rl« Owings Caddis con· sistently warmed lilt hearU of our memo bership with his inf~ctious smile and hi~ engaging, charming con\l\!rsatlon; and, Whereas, the Ilrecious memories of the life of Charl es Owings Caddis will always be n part of the lhoughl$ of lhe membership of the Birmingham Bar A»ocialion, We are better off for Charles Owings Caddis' having been a part of Ihis association; and, Whereas, CIl.,rlcs Owings Caddis leaves as survivors his widow, Trent Douglass Caddis: his daughters, Leslie CaOdis Davidson, Trent Caddi$ Hull In\!! Addison Caddis Ilubbard: his grandchildren, Patrick [)ouglM Hubb.lrd, Thrner Nicholson Ilull. M~1thew Henry Davidson, Vlind C....50n O'Neill l'lull: his mother, Earline /).i.'ings CadJis: ilnd his sister,

Marilll'l Caddi$ BrMwcll. togehtcr with an innumerable host of colleague~ and friends who moum his PM51r\g; IlI\d.

Whereas, this Resolution is offered lU a record of our admi ration ami affection for Charles Owings Caddis and of our condolences to his widow, his children and other members of his family, - UrlWn T. Coleman, pru ldenl.

Birmjn~ham lJar Anoelallon

George I. Case, Jr. he Birminghaml3ar Association lost one of its distingu;,hed members through the death ofCwrge J, Case. Jr. on December 2, 1998 at the age of 90, Gl"OrgC I. C,lSe. Jr. was a Il.ltive of Binningham. whm he i\'ed all of his tife, III: WaJ tducated in the Birmingham City Schools and was a graduale of \\,oOOlal\" High School. Mr, Cue attended Iloward College and the Birmin~m School of Law, where he graduated in 1933, Mr, Case laler taught lit the Birmingham School of Law. Mr, Case practiced law in Birmingham for over 50 y~ar$. lie prac· ticed with the firm of 13ylor & Jefferlu after graduating from law school until he went on to active: duty d",ring World War II. Mr. Case scl'\lCd with the Judge Advocate Genl:ral's Corps and was in the ~tlve restl'Vt until his !'tUrement. When he returned from the war, Mr. Cast prac· ticed with the firm of MeGO\\'t'n & t>1cCowen. t>1r. Gase l\'i1S appointed SPl:dlll judge by former Governor Albert Brewer, He entered semi·retirement in 1970, but continued to practice p.lrt.time (or many ~arst hereafter. ]\1r. Case was a long.time member of the lJirminJlh.lm Har Association and an acknowledged 1e.1CIer in the field of bl\nkruptC'J law. to". Cast leaves as survivors his wife, Mary Elizabeth Case. of Birmingham: a daughter, Sal'll CIISe Pennington, of Homewood: lind one son, Edmond Caines Case, of Culf Breeze. Florida: and an Innumerable hosl oframily, colleagues and friends who mourn his p.lSsing.

- UrliUn T. Coleman, pru ldcnt, IJirmin"ham Uar Alloclatlon

T

Arthur J. Hanes hereas, the Birmingham Bllr W Association lost one of its distin· gui5hed members through the death of Arthur J. I lanes on t>tay 8, t997 althe age of 80 years. lie was a native of Birmingham and graduated from Woodlal\'n lIigh School and Birmingham Southern College, which he attended on an ilthlctic scholarship, playing football, baseball and bllsketball. lie was II member of the I3irminghllm SO(I(hern Sports tI ~1I of Fame and founder and president of lhe Birmin"ham Softb..11l As5OCi~tion: and, Wherea$, <It the commencement o( World War II, Arthur J. Jlanu ~ nli st ed as 111'1 ensigr' in the United States Navy. serving as skipper of a palrol tOl'pCdo boat in the South Pacific Theater. and waS much decorated. including h(lIlon for services as "eyu of the fleet" at the battle of Leyte CUlf: and, Whereas, Mthur J, Hanes graduilled (rom the Univenity of Alabama School of tAlw, s~l'\Ied ~5 11 special agent for the ~'edc ra l Bureau of investl"alion, .lIld from 1951 to 1960 was an e~ecutive o( Ilaye$ Aircraft and seNed M a member and president of the BIrmingham Board of Education: and, Whereas, in 1961, Arthur J. J-IIlJ'le$ was elected mayor of the City of B rmingham.

As mayor he broke ground for the I~ed Mountain ExprwwJY and the Birmingl1<lm BotaniC<ll Gardens, and was a stalwart proponent of nirport e~pa nsion, being IIreatiy responsible for the fi rst ler· min,t! and cxp.lnded night schedules: 1md, Whereas. after leaving politic$, Arthur J, Ilanes returned to his law prJclice and gained national attention (or his vigorous defenst of highly charged and difficult cases: and.

Whereas. Arthur J. Hanu \\'U a rnem· ber of the East l..ake United Methodist Ch(lrch, where he was II member o( the administ rative board and taught Sunday School fo r 25 years. He was president of the Toastmasters Clubs of Hi rmingh~m and was a Mason and a Shriner: and. .. n ' .... 'ull

Whereas. Arthur J. Hanes ""'(15 predeby h i~ wife of 60 years. £Ieilnor Bernhard Ilancs. and WilS SI.IIvivf.'U by his som, Judge Arthur 1. I laflt~. Jr. afld Thomas B. Hanes. both highly respected members of this wocilllion; his grll.nuchildren, Arthur 1. 1·lanes. rrr , I-leather I lanes Creen. John Hanes and James A. 1·lanes: his sister, r-Iartha HImes Cocfit'ld: and many nlects and nephe\\'s: and.

Whereas. r-1r Hanes left II host of colleasues and friends who mourn his passing: and.

Whereas. thi! Resolution is offered iIS II rt(ord of our ndmlration and affection for Arthur J. Hllne! and of our condolences to his sons IlI)d other n\Cr\\be~ of hi~ (amily.

- Urltllrl T. Coleman. prtlidcnt, Birmingham Bar Allocialiun cea~ed

Hugh W. Roberts, Jr. hereas, Hugh W. Roberts. Jr., a W distinguished and respected member of the Thscaloosa County B(lr Associiltion, de parted this life on SeplembH 22. 1998 in 1uscaloosa, Alabamll al the Me of 79 years: and Whereil5. the 1Uscaloosa County Bar AlIsociation honors his memory and recognizes his nlany contributions to the legal profession, our community, state and nation: Now, therefore. be it remembered, lhal lI ugh W. Roberls. Jr. was born on April 4, 1919 in Thscaloosa. the son of

Hugh Waddell Roberts and Eddie Hat I-lester ltoberts. Hugh attended public schools in Birmingham and Thsc.'l looSll Rnd graduated from 1\lsCll loo~ High School. He enrolled in the University of Alabama and earned a Bachelor of Arts degree with a minor in journalism in 1946. l Ie then entered the University of Alabama School of Law and received all Ll.U degree: in 1946. While 31 the University. Hugh l\'lS pruldent of Sigma Nu social fr~ternity. 11 menlber of Phi Delta Phi lesal fraternity lind junior class representative to the governing body of the law school.

Hugh entered the United St,lles Army in 19·10 and served until released from active duty in 1946. He was lhe com· m.lnding officer of iII1 infantry b.,Ualion in the Europtan Thc<ltn of OperaliOll5. For that service. Ilugh \\,;\$ awarded the Silver Slar, Ihe Bronze Star and the Comb.,t lnfanttyrlloln's B:tdge. liis ballali(Ml re<:eived U\e Pre5identlal Unit Citation.

Mer his release from active duty in 1946. he continued 10 SCM his country tIS a member of the U.S. ,\rillY I{escrve. Ilugh was H graduate of the Command and General Staff SchooL retiring from the Army Heserve years ~ter as a full colonel.

Known for his skiKs 1\5 both ad\locate and counselor. Hugt· h.1d a Jtef)l!ral prtlClice 0{ law in Tuscaloos.l. Ile .....as a memo btr of the E:teCutivc Committee 0{ the Thscaloosa Count)' Bar Association and served as its president in 1962. lie was

elected to lhe pOSition of first vice·president of the Alab,1ma St.,tc 13.11 in 1977 and president of the state b." In 1978. Hugh was a member of lhe AltlbnrThl I)efen~e 1..a'-'1'crs Association. the National Association of Hallro.ld Trial CouAA'l. the Intem,tional Association ol lruurance Counsel and ,,',m ah Law Society.

Among his many contributions to the community was Hugh's 5elVice on the iJl)'Ce HO$pital Hum.... n RIghts Committee which resulted in impl'QVW tre-ltmen! and living conditions for the mentally ill in the Stale of AI~bama.

Hugh \','a~" member of Christ Episcopal Church of TuscaIOOS;I for m.1ny years where he served on lhe vtstry.l lt was married to the former Mllry O. Rafield and is sUlVived by daughltl1 rotary Eu~nia Phifer and Patricia Hester Steele.

Now. therefore. be it rtsolved by the T\.lscaloosa Count)' Bu.r Association, in meeting assembled this day. Ihat its rl'l embers mourn the death of Hugh W, Roberts. Jr.. who~e exemplary life of ser· vice to hi ~ client5. his family. our state lind our nillion is nn In~riril l ion to all who knew him. and whOle cxtraordi· nllt}' skill , diveru talents :Uld warm friendship have enriched Ihe liVt's of the membe~ of this association. Be it known that the life. work and eXlll'llple 0( Hugh W, I~obe rls, Jr. hllVe done honor to his chosen profession.

-Scoll Donaldson. president .

ThJCaloosa Counlyliar AJSoelatlon

Olin f:uJlene Schmllellng

Jamcs I'lIIrlek Tlllc!,)" Jr.

Hirmillgllam Admitred: /963 Died: fi:bruary /I. 1999

Mobile Admilled: 1959 0i1..'l1: March 5. 1999

Montgomery Mmilled: 1978 Di(td: Marcil /0. 1999

IJirmingham Mm{(llJd: 1986 DiL'll: October 16. 1998

Karl Ctell l1anison

Edwin C. Page. J r.

T. Julian Skinner. Jr.

William Sidney Willon , Jr.

CQ/umbitl/la Admilled: 1934 Oil..'f.1: N~'O!mfx!r 15. 1997

/:,'uergf('(r11 Atimi/f,'f.1: 1928 IJicd: Jalluary20, /999

Birolillghum Atimi/(e(/: 1935 OiL'f.1: f ltbruary25. 1999

Dothan MmilllJd: /934 Oil..'(/: lAwmtx.,./6, 1998

Vidor Jack$on

Robert Allen 1'ctnr8ek

ltobert Eugene Sletner, III

Gudsd/llJ

Muscle Shoals Mmil/ltd: 1960 Died: f).teem/wr 4. 1.9.98

MOlltgomery ,Idmillell: 1919 Dietl.· P(tbrlll/ru B. 1999

Q

George Chesler lJatcheler

Admrl/ed: 1983 Dit!d: Jtl/luary24. 1999

' '-0 ......

'''''0

Georg~

Sa"e

l..yon~

..... . ...111 101

ABOUT MEMBERS, AMONG FIRMS

[)ue to the huge incrc<l5e in notices for "About Members, Among Firms," 7~1C AlUixIITlU/.aWg?y will no longer publish addre5.5 changcs (or firnu or individual practices. II wiN COll/imw to publish annOUO(tmenl$ oi the formation of new firms or the opening 0( solo practices, as WfIi M the IIddil ion 0( new wociates or

pMlners. !'least continue 10 send in address ch<lllgcs to lhe membership dep.utment of the Alabama State Bar. About Member.

Jamu V. Spencer. III itnnounces the

opening of his office al l~ive rcha5e South Orfice Building, Suile 212, Birmingh;un. The mailing address is P.O. Box 36 17BS, 35236. Phone (205) 987·2830.

Regina ROle lIudw n announces the opening of her office at 205 20t h Street.

North, Suitt 730, Birminsham :15203.

Phone (205) 252· 1010.

Jolln ~1. Woodh ~ m announces the opening of hisofficc at 200·A E. Walnut St reet. 'l'roy. The mOliling address is P.O. Box 53. 36081. Phone (334) 80804011.

Robert Ii. Maxwell, IJ.C. announcl!5 the retirement of I'Ilr. !'Ilaxwell, lhe acquisition of the firm by Shirley I) , Oarhy. and the ch,mJte of the firm nllme to Shirley O. Darby, I).C. Offices will remain al 104 N. Hain Street. Atmore.

The mailing ali:lress is 1'.0. Box 587.

36504. Phone (334) 368-4441.

Robert A. Mullins. Jr. announces the Ollenlng of hi ~ office ill 23<15 nush Hou levard, Birmingham 35208. Phone (205) 788-9000.

Jamu M. OIT. Jr. announces the dis· solution of Andl!r$On & Orr and the opening of his office at 95 1 Covernment Street. Suite 226. f,1obile 36604. Phone (334 ) 432·5770. ... ~

.. AY '(IOB

Among Firms

Jnck80n, Myrkk, Chamber, & Byrne.

I" L.C. announces that John W. Donald.

Jr. and Kelly Colli.,. Woodronl have joi ned Ihe firm . Imd that Fnnk !'IlcRlght hM become of counsel. Offices are located at 11 00 Regions Bank Building. 106 SI. Francis Street. Mobile 36602. Phone (334) 432·3444.

Richard E. DavIN and I.ullil T. F'ield8 announce Ihe form~lion of Oavi8 & "' lelds. I'.C. Offices ,m! located at 25369 Highway 98. Suite C·2. Daphne 36526.

The mailing Midress is P.O. 80)( 2925.

36526. I'hone (334) 62 1· 1555.

Spain & Cillon. I.. L.C. announces that !Iowan! K. Click hM become a member and 1'I1),la C. Choy lind !'Ib.rk W. !'Ihco)' have become associated wilh the firm .

Urookl &.: lIamb)' I).C. announcC$ that Jene W. OwenJ, Jr. has become a partner with the finn .

The o(lic~ of Hankruilicy Admlnl8lralor, N orth ~rn District or Alabama. \\Intern I)ivi5ion. announces that JOltph E. Hullarella was allpointtd division allome)l, O(licn are located Ilt 111 8 CreerlsboroAvenuc, Room 242.

Tuscaloosa 35401. Phone (205) 7580569.

Beasle)" WiI ~l) n . Allen. Crow & l'lethvln. P.C. all nOUllce~ thai nub!'rt I..

I'lttman has Decome a shareholder of the firm , and that Danl C. Tllunton, Surlelle M. Tuley. J. I'I lark En,lliehart.

Kendall C. Oun.on, Scoll T. McArdle, Clinton C. Caner, llemlln W. Luck. III , ,lnd Karen I,. I'IluUn hll\lt become associated with the firm. The fi rm name has changed 10 Deuley. Allen , Crow.

Methyln, Porti. & &lIlu. P.C. Balch & Hingham announces that 8.

Judson lIenningto{\, III. Robert L. Loflin, 11\ and Frederick R. Eamu have

joined the fi rm 11$ of(;()Ilnsel. n. Broce Ihrzc. Jr.• David II. J)lQ(k. I'Ilalihew W. Bowden, Leigh Anne lIodge, C. Grady Moore. III. and Lin J. Sharp have Decome partners. and William S. Blair, Gregory 1'. Butro •. J. Chri, CO(hl'lln.

Scan U. Cunningham. llingh.l R'I D. Edward,. Jr.. ThereJl R. Jenkins, Eric H. L1ngley, Jennifer It McCain. J. Beth M o~cllrelll , and Wend)' A. :lIlI"l:IIUr have joined Ihe firm as "ssoci~ t e5.

Sibel & Sabel llnnounces that Marlcll O. Bennekin hai become aMQ. ciated with the firm . omen are located at Hillwood Office Center. 2800 Zelda Ro.1d. Suite 100-5. t-lonlgomery 36106.

Phone (334) 27 1-2770.

Akridge & Balch. P.C. announces that Itobert T. fuele . III has become an associate. O(lices are located at 1702 Catherine Court. Suite 2·0. Auburn 36830. Phone (334 ) 887-0884.

Rushton. Slake I),. John. ton & Carrell . I),A . announces lhat Charlet 1\11 Evcnge has become an a~lale.

Offices are located at 184 Commerce Street, Montgomery. The mailing ..ddre$S is P.O. !lox 270. 36101·0270.

Phone (334) 206-3 100.

Wallace. Ellis, "'owler & lind announces thal Vonda Felton has become an associate. Oflices are located lit III N. !'Ilain Street. Columbiana. The malling ..ddrcu is P.O. Bo~ 585, 35051. liule, "'emambucq & Stewl rt. L.L.P. announces that U. Lanier Brown, II has Decome a IliIrtner with the firm . and that Anna·Katherlne GI'II\'u, JanlU W. Mon and Cannon I.awley h/lve become associates. Oflices are IOt.1tcd at 800 Regions Bank Duildlnlt. 417 N. 20th Street, Birmi ngham 35203.

Rhea. UO)-d &: Rhea announces that Clna Dawn Coggin has become a partner in the firm. Offices are located at

Dougl'$ D'Brlfln, tor mer chair, New York State Ba' Association Public Relalions Commiltee, addresses the tough topic ot Image and lawyer-blshlng In a direct, practical and upbeal manner. Vou will deflnitel} leave Ihls session as a beller lawyer.

And lIlal s no jOkel

The ASB TB$k Force On MInority Partlelpal/on showcases the challenges of our legal profession today and how specialty and local bars can work with the ASB on Issues Important to all Alabama attorneys. Program highlights Include: "Milos To Go: PfO{Jress of Minor/tillS In Ihll LtlDal P'o~sslon ~: How to Get and Rotain Corporate Cliflllts ~ and a luncheon with guest speaker James a. Cole, eSQ., past president 01the Nalional Bar Association.

M,'; M,yff,ld continues to earn accolades fOf his high-content seminars and stand-up comedy. He received rave reviews al his previous appearance before the Alabama Slale Bar and returns by popu路 lar demand to help Alabama lawyers "KfJfJ{) Ba/,lncedl"

930 Farren Avenue, C..d$den 35901.

Phone (256) 547·680 1.

Calloway & ~luu, L.L,C, announces lhat r.laTY M~rg~rct Re[re has joined the firm . O(fices are located II Oak Street Birmingham 35213. l'hone (205) 8712133.

Webb &: Eley. I'.C. announces lhat t-Iope Curtis and Ilobble Alex~nder lIyde have joined the /'irlll. Offices are located at 166 Commerce Street. Suite 300. Montgomery 36104. 1'he mailinll ilddress is P.O. lIox 238, 36101 -0238.

Phone (334) 262- 1850. lIall & lIall. L.L.C. announces that Jime C. nail has joined the firm . Omces are located at 600 Luckie Drive. Suite 405. Birmingham 35223. Phone (205) 871 -6006.

Yearout. M)'trA & Tl':Iylor. P.C. announces that Joe E. Herring has becoille an IIssociate and Deborah S. Hraden has returned 10 the firm. Offict5 are localed at 800 Shades Creek Parkway, S(lite 500. BirminJ,tham 35209.

Phone (205) 414·8160.

III-:UI(: \I./UE~TAI .

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• fIlE:

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['Ilaynard. Cooper &. Gale announces that J, f'alrley McDonald. 1[1 and M, Heth O'Nelll h(lve bt:come members: S. Ilouglaft Williams, Jr.. lieler S. Fruin and T. l.oui~ COllp~dge , formerly associ· litH with the firm , hllve become members: and Jim G. McLaughlin. John A. SlIIylh. III. Alan E Enslen. Stuart D. Roberts. ['II . Chad Tindol. lJavld C. Cicero. r.1 ~ tthew W. Grill. Jamu Philip Nllrtel, II, and Fallany O. SIO\Ii!r have become associates. Offkes are locOlted OIt 1901 Sixlh Avenue. North. 2400 AmSouthll-larbert 1'laz01. BirminghOlm 35203-26 18. Phone (205) 25<1- 1000.

I'orler. I'orter &. Haulnger. P,C. announces that AlIiliOn M. Wright and KllthTYn L. 11I,"l1l1 n hllve joined the firm as associates. The mailing address is P.O. Box 128. Binninghllm 35201 0128. Phone (205) 322-1744.

Walter II. 1I0ncycull. Orenda Drendel lIetrick II~ Jerome C. Carler lInnounce the (onTIllion of Uoneycult.

Hetrick &: C.rter, L.L.I'. Offices are located 157 N. Conception Street.

Mobile 36603. The m;l iling address is 1'.0, Box 749, 36601. Phone (3:34) 4322050.

Fawwal &. Fawwal "nnounces tll"t Ellis O. Ulnllham. III has become an associate. Offices are located at 312 N. 18th Street, B(o~sel'l1c r 35020 Phone (205}1128-4 141.

John!IQn & COllm!II, l..l.C. announCe! that A. L.ee Martin, Jr. has become a partner. Offices are 1OC!LU!d al800 Shades Creek Parkway, Suile 325. Birmingham 35209. Phone (205) 414· 1218.

DII"id T. Hyde. Jr. and Clinton n. lIyde announce the formation o( Uyde &: Hyde. l.L.C. Offices tire located at \08 Cou rt St reet. evergreen. The mail· ing address is 1'.0. Box £OS, 36<101.

Phone (334) 578-3420.

BOllrdmlln & '1»1'1\. I'.C. announces a name change to Bpardmllll. Carr & Weed, P.C. Bond. Botes, Syk.tus, laroSen &: Ledlow, ".C. announces a n;lme change to Uond, Boles. Syk,tus & larsen, P.C. Walter 1'. Crownover. James O. Siandrld"e and nobert M. S~ nce annf)urlce the formJtion of Crowno"er.

Standridge & Spence, Offices are local·

ed at 2600 71h Street. 'l'uscalOO5<1 3540 1.

Phone (205) 349-1727.

POnllley &: Pompey. P.C. announces that Deborah IJ. ~lont llOinery has become an associate. Offices a r~ IOCaled 011 11 7 B ro.~d Street, C,II11den 36726.

The mllilinQ addre~~ is P.O. Box 189.

36726. PhOlle (334) 682-90:l2, Callis & St!)"cr annO(lnces that SCQit J.'. Stewart has become an associate.

Offices Me lOcated at Ch'Jrch Street Profe~5 iona[ Centre, 101 Church Strer:l, Suite 100. Hainbow City 35906. Phone (256) 4<12·6102.

Swaff(lrd, P~ll.'u & Priut ll1ll'lounCes that John K. Colvin has becom~ a partner. and the finn's name has changed to SWlIrrorii, 1'c1ers, PrieAt &. CoM,I. Offices are located at 100 First Avenue.

SW. Winchester. Tennessee 37398.

I'hone (931) 967-3888.

Strong &: Kluing. P.c. announces that Sue E. Williamson has become a shbrcholder. IIrld the fi rm's name has chllnged to Strong, Klulng &: Williamson. P,C. Offices are located III 1320 AJ(ord Avenue. Suite 20 1, 13irmingham 35226. Phone (205) 8239393.

Baker & Joh,l8(on annoul\ces Ihat James C. Wilson, Jr. has joined the fi rm and the firm's name has changed to Hilker, Johnston &: Wilson, l..I,.P. Offices are located (n Binningham and New York.

Gaines. Woller &: KInney. I).C. lInnOUl\ces that Lavonya K. Chapman has joined as an IIssocillte. Offices are located 1200 Corporate ])riVf. Suite 250, Birmingham 35242 .

Eysler, Key. Tubb, Weaver &: Roth announces thai Jenny L. ~f c l.eroy has become a partner. Offices are located at 402 E. Houllon Street, Decatur 35603.

Phone (256) 353-676 J. Samur:[ L. itusAell. district attorney. tenth judicial circuit- Bessemer dMslon , lInnounces lhat Amyl! R. Je((enon has become an assistanl districl attorney. Phone (205) 48 1-4145.

Copeland & CotlCIand was dissolved December 31. 1998. Wayne Copeland announces his reti rement from Ihe practice o( law. Jame, M. COIK!land and William Timothy Copeland announce

lhe opening or th~ (;opeland LAw Firm.

I•. L. I·.. with offices III 816 Cheslnut Street. C"dsden 3590 I. Phone (256) 546-9500. Urian Keit h (;ol)(:llInd will continue to pr"ctice under Copeland & Copeland at 820 Chestnut Street.

Gadsden. Phone (256) 547-8678.

YUroul. ~I}'en Q Traylor. P_C_ IInnOuncu that Deborah S. Uraden has joined the firm. Offices are located ill 800 Shades Creek I'arkway. Suite 500.

Birmingham 35209. Phone (205) <1148160.

Akridge & Ilalch. P.C. announces that Robl'rt T. fuue. 1I1 has joined the firm as an Ilssociate. Offices nrc located at 1702 Catherine Court, Suite 2-0, Auburn 36830, Phone (334) 887-0884.

Cecil Caine and Richard Derek Proctor ;mnoullce the form:!lion o( Caine & Proctor. Office$ arc located ;.t 652 Walnut Street, Moulton. The mllOing address is P.O. Box 667, 35650.

Phone (256) 974-1126.

Gorham Q Waldrep, P.C. announces that John A, Lentine has joined the firm as an 3Ssodate. Officl'~ IIrc located at 2101 Sixth Avenue. North, Suite 700, Birmingham 35203. Phone (205) 2543216.

Kimbtrly O. F~hl llnd Oavld W, Vldwri announce the (ormation o( Fehl Q Vickers, L,L.C, Offices arc located al 461 S. Court Street, ~' ontgomery 36104.

Conslanty. Ilrooka & SmU h. L.I.. C. IInnouncu thllt Shannon L. I'owell has become an associllle. Officu Me localed at 1901 6lh Avenut, North, Suite 1<1 I 0, Birminghllm 35203, Phone (205) 2529321.

Daniela has joined the firm . Offices arc localed at Park Place lower. 200 1 Park Place, North, Suite 700, Birmingham 35203, Phone (205) 716-5200.

Sir() tt &: Pcnnutt announces IhM Ellzabclh lIolland Hutchins has joined the Birmingham office, The firm al.50 announces thal Marla BOuchel1e ClnlPbell has joined, 01 counS4!l. Offices are located in Birmingham, Hunlsville. fo1 obile and r-'ontJ{omery, Davis & Davidson announces th."\t James D. ~IcLaug hlin has joined the firm. and the t'irm'S name has changed to Uavls. Davld80n &: .\lcLaughlin.

Offices aTe localed al 3~4 E, Magnolia Avenue, Auburn 36830. Phone (334) 821 -1908.

Klemm & Gourley, r.c. announces Ihal Pamela R. Scoll has joi ned Lhe fi rm. Offices are localed at 128 S. O~lcs St reet, I)Qthan 36301. Phone (334) 671· 7134.

Regions Bank or Birminghllm announces that Sidney O. Roebuck, Jr. has been promoted lo $Cnior vice-presl-

dent and personal trust manager, trust department.

Caines. Cllines &I Rasco, P,C. announces that Thomas M. Little has become a PelTtner and L. Shaw Caines has become an associate. The firm's name has been chllnged to ellnu, Calnu. " IICO &: ullie. P.C, Officn lire located 127 N, Street, Thlladega 35 160 and the mailing address is P.O. Box 275.

35161. Phone (256) 362-23E6, Nllhan G. Watkin. announces thllt he beClllllt: district attorney (or the 171h Judlcill Circuit in Janual')'. His mailing address is P,O. Box 766, Livingston 35470-0766, Phone (205) 652-4119.

Kerry " , ~'cI)onR ld Bnd Hrisli A, oowd)' announce Ihe fo rmation of McDonRld &: J)owdy. Offi ces are located al 3100 Lorna Itoad, Suite 300.

Birmingham 35216, Phone (205) 8240507, John I~ Kiter. Jr" L.L.C. 2.nnounces that William II. Benlon, 11\ hIlS become an as.wciate and Mellua B. Collins has changed her name to ~1e ll na A.

Free Report Reveals.. .

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Wh)'

do !IQInc 11"'~rs nlake I f(lt1u.w: ""hil~ r;JIllCff sll118lle JUSI 10 let by? The ruuwtr. IICcordlllllO C"iroml~ IftwyCf David WfII"d hM nothinl lo do .. lIh IlIlenl, ~Iltnl iiln, hllal work , Of even luck.

unpredlclable

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rna)' 8CI IItW bUllnm Ih l!

month. you ltIIIy noI." A fl:r~rrt! t)'flcm. by «IllI'ISI, (lin brinll in I "elldy ill1:lUIl or IIt:W c!lcnlS, mOO1i1l allcr month, yew allu yeDr. " 11 fecll lVcllllO COIIK: 10 11K: om(e e~cl")' day kllOwlns Ihe phone will rinli IIII~ new bLlli_ will be on the lint," he tayl.

Ward, who hIlS laughl hi! lefCfl"IIl lySlffil 10 .1",Ollllwo lhou$llld I.wym lluou&hoolthe US. tay. Ihl mO$I Inwycn ' miliketini it,

1~(l lm Br & Fuh'nr, P.C. announces thllt St(w(m C. Curll8 hilS become an associllte. Offices art located OIl 510 S. Brundidge Street, fioy 36081. The mailing address is 1'.0. Box 209, 3608 1.

Phone (334) 566·().\51.

'11..: IBWy.:rs who n\!lke Ih~ big money me nOl IK:CC5!iNiI)' bcllcr laW)'crl." Wllld says '1'1K:)' h~w. " n'pl y leamed h\IW 10 n!l.rkel ltK:ir

Friedman. Leak Q Bluom announces that Rolx!rt R. Bedwdl. III has joined the firm. Offices are located at 3800 Colonnade Parkway, Suite 650, Birmingham 35243. Phone (205) 278-

allfacud a 'Mae number of can .lInd 0111 r.om the romptlilior\. ~ WlIen 11111 rcferr.ls "I ~I from deld broke and drOWllinl h.ppent.i¢ulnl clicnlS" eMy." Ward hat wrilkn • new rrpon enlitled.

In dtbI 10 calnln8 S3oo,000 • ~. Pl"ltlk:lllly O\'cmlght.M Mil o.. To Ctl /\lOA Cllcnll In Ii. ~I olllh T hi n

7000.

Cabanl .. , Johnslon. Gardner. Dum.. &: O'Neal announces lhal C. Fred

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Wllld, • Juc~J rul Ide Pfft<'U liOOet" who .1 one lime lII"uggJ~ 10 IUIiK:I clicnl!, c' ~IlS hIS lumllfound 10 • lillie-known mar\(C1 inl method he slumblcd aa-t:IS. sr~ years "¥O lIe Iried il aIlIl

"$OIlle"M.e belwten auoelous IItId

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Ullle!ll.~

AI • ffilub. Ilc tay •• the .awytr who leaml eVC1i • few .imple markcli~ ICChniques

limosl i~d.mly

W.d poinb out Ihl! a1Lhoough mosl lawycI"I of lhe .. bwrllCll lhou", n:fm1lls. not one In 100 lias •• ermlll '>'~"''''' "'hieh, he 1tIII1nt&l1U'. can 1/leRII$C ufmals by 1$ mll(h ...

1000% Withoout. !')'$IroI. 1Ie nolet, rcr~ are get 11M: bulk

VOl! Now Cr l All \ 'u r !- wlilch ~, how Illy I.",")'tf can lISe \IIis marketln, J)'5tcm \0 V' mon: ehenll IIld illt:fc_ their ioomc, To FI • nu;.: «Jpy. ull 1-IOO-S61"'611 roo- I 2~-hour frt('_dnl~

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llabcock. Offices are located at New South I~ede ral s..wings Huilding, 215 N. 21st Street. Suite 600, Birmingham 35203. Phone (205) 32<1- 1582.

Rosen. Cook. Sledge, Oavlt, Cal'1'()l1 & Cade. P.A. announces that H. Cooper

Shattuck has become iI shareholder.

Offices lire loc~ t ed at 21 17 nivtr noad.

1Uscaloosa 35<10 1. Phone (205) 3445000.

The I.aw Offi ce. of Joseph T. Carpenter annoum:e that Samuel M. Ingl'llm has joined the fi rm. Offices arc 10clllcd lit 303 Sterling Centre, <1121 Carmkhael l~oJd, Montgomery 36106.

Phone (334) 213-5600.

WiIli a m ~, Potthoff & Wlillall18.

L.L.C. Olnnounces that Joel P. Smith, Jr. ha~ become a pOlrtner, and the firm's nllme hils chllllged to William!!, rouhof(, WiIIllIm. & Smith, L,L.C. Omcts are located at 125 S. Orange Avenue, Eufaula. 36027. Phone (334) 687·5834.

Wisner, Adami & Walker. r.C. announces lhllt Billie B. Line. Jr. hM

joined the fi rm. and the firm's name hilS changed to Wl, ner, AdRrn ~, Walker & Une. P.C. Offil:es are l ocale~ at 100 Washington Street. Suite 200. I [unt ~ville 35801. Phone (256) 533- 1445. ltanah L. Siapleton and 'l'tacy C. HlrdSong ann01.lnce the fOrmation or BirdSong. Stapleton & Anoclate•. with offices at 207 Montgomery Street. Suite 700. M(JIltgomel')' 36 104. PhOlle (334) 269·3355.

E, py & ~l etca U. I'.C. ilnnOUntes thilt David C. Po~ ton has joined the firm, and lhe firm's n~mc ha.~ c hange~ to EAp),. ~I el calr & Pllllhm. I).C. Offi ces llre loca t e~ at 326 N. Oates Slreet, Dothan 36303. The mailing a~dres5 is P.O. Drawer 6504, 36302. I'hone (334) 793·6288.

Davidson. Wlggin3. Jones & Coleman. P.C. ,lO ntlunCe~ that ~l cCo)' David~on is of counsl!l, and Randal Kevin DDvl ~ IIOd J. Plml Zimmermo.n have joined the firm as associales.

Offices are located ~t 2625 8th Street.

TllscalooSll 3540 1. and the mailing address is P.O. Box 1939.35403·1939.

Phone (205) 759-5771.

COn!18Tlgy, Brooks & Smilh. L.L.C. announces that Michael D. Giles has become II member. Offices Me IOCMed at 1901 6th Avenue. North. Suite 141 0, Birmingham 35203. Phone (205) 252932 1.

" ;:r(.t9.J..... ~ J . Ftrrc5tcr Od'u),J, 1II CLU

You estoblish souls for crcming wealth. We help you meet your gOllls, wllile protecting your ramily and c ~ta t C tllroush in~lI l'tUIcc and fin uncial prodUCts.

The Cornpany'fuu Keep.104 ftll'~mlSs Cellll!r Pillee

Suite 500 8/rIllI1l811l1111, A.t )5242

'!l5· JlU

Rhea, Boyd & Rhea announces that Gina O. Coggin hils joined the firm as 11 pllrtner. Offices are localed at 930 Forrest Avenue, Gadsden 35901. The maili ng address is P.O. Box 8486. Phone (256) 547-6801.

Burr & !-' orman announces that GffgOry F. lI ~rl ~y, Peter A. Grnmmall.

P~t.rlci ll l)ow~ 1I lJurke and F.A. Flow~l'S, III have become partners.

Stcphel'l J. Bumgamer. Jamu C. Stanley. Ill. Rebeccll W. Blotk, Lori L. Uowi:ll'ld, Jllmle L. !\-loore, and D. BrlllO O'Oell have joined the firm as associ· ates. Offices are 1000ted in Huntsville, Oirminltham and Atiant,l .

I'illmal'l. tlook!, Dutton & Iloilla, I'.C. announces that Lynn erOSIon has joined the firm. Ofnces arc located at 1100 Park Place rower. 13irmins.lham 35203. Phone (205) 322-8880.

l.ightfoot. F11Inklin & White. L.L.C. annO\Jntes that Lee M. lIollb and Jackson R, Sharman, III have become pMtners. and Marjorie P. Slaughter. W. Larkil'l Ihdl'll1y. IV and JlmCI F. lIughey, III have become associated with the firm.

Glassroth $: Associates. p.e. annOUl'lces thai J03eph I'. Van lIeut has become a shareholder, and the firm'~ nami! hM chl'lr'1ged to Gllutilruth & Van lIeellt, P.C. Offices are located at 615 S. McDonough StreB, Montgomery 361M. Phone (334)263.9900.

Uand Arendllil . L.L.C. announces that Windy Cockrell Bllzer and Joshua J .

Wright hilve joined the firm as assodates. Offices are IQClIted in Hobire.

Birmingham lind Poley, Siniard. Lamar &: j\1cJ{lnney, I~.C. IInnounces that M, Roy Bruwell has become a partner. find the flrm's nflme has changed to Siniard. McJ{l!mey &: Bl'llSweli . The mailing address is P.O. Box 2767. Huntsville 35804. Phone (256) 536-0170. ~lcOaniel . Bainew & Non-b. P.C. IInnouncC$ that M. Brian Siaughlt r hM joined the firm. Offices are located al Two Metroplex Drive, Suite 504.

Birmingham 35209. Phone (205) 87 118 I 1.

Christopher K. Whitehead and Wallace D. Mills announ~e the fo rma· tion of Whitehead & Mill~. I..I..C. Offices are loe.lled atl:l00 E. robin St reet. Suite D. Prattvillr 36066. Phone (334) 358-0057.

Lehr. Middlebrooks. !'rlce & Proctor announces that Teua ~1 , Thrasher has joined the firm . Offices are located OIl 2021 Third Avenue, North.

Birmingham, 1'he m~iling address is P.O. Box 370463, 35237. PhOne (205) 326-3002.

W. Dnvld Nichol" P.C. llnnounces that Johl'l L, Bodle has become an IiSSO' ciate. Offices are located at 3825 l..orllll Road. Suite 21 4, Birmin~ham 35244. l>hone (205) 987·4480.

Stephel'l C. Moore ilnd Mark C. Wolfe lInnOl,.lnce the fo rmlltion of ~1 ()()riI & Wolfe. wilh office~ at 1252 Dauphin Street, Hobile 36604. Phone (334) 4337766.

•

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STATE

BAR

Publications Order Form The Al nbama State Bar is plcascd to make available 10 Ind ividual attorneys, firms and local bar associations, at cost

only, n series of brochures on a variety of Icgal topics of interest to the general public.

I========-

Below Is n current listing o f public InformallOrl brochures available from thc Alabama Stille BM (or d istributi on by

local bar associations, under eSlab~I~I'~h:cd =g:":id::C::']ines.

Brochures

Law As A C.lrecr

$10,00 Iler 100

QI, . _ _ 1 _ _-

$ 10.00 Iler 100

Q ly. _

... opporluniries and challenges of a law ca rlW t()(/ay

Lawyers atld Legal fees ... :1

$ _ _ _ __

summary of basic information on common legal qu ~st ions and procedures for Ihc genera l public

$ 10.00 p~r 100 .. ,covers aspects of estate planning and the importance of having a wi ll

QI,. _ _ $ _ _ __

Legell Aspects of Divorce

QI,. _ _ $ _ _ __

Last Will & Testament

$ 10.00 per 100

... offers options and choices involved in divorce

Consumer Finance or " Buying on Time" $10.00 per 100 Qty. - - $ c::-;:::c-;;c-... outlines import ant consid rati ons and provides advice 0 11 nnancial mailers affecting th e individual or fam ily Mec/iation .. . Another Method for ResolYing Disputes ... provides an overview

$ 10.00 per 100

QI, . _ - $ _ -

or the mediation process in que:>tion-a nd-allswcr (arm

Acrylic Brochure Stand $5.00 each Qty. _ _ $ _ _ _ __ ... individual stand Imprinted with Individual, firm or bar assoc i<ltion name for lise at distribu tion points One stand per brochure is recommended.

Name to imprint on stand: _ _ _ _ _ _ _ _ _ _ _ _ __ MailingAddress

SublOlal S Shipping & Hondlillg S 5.00 TOTAL $

Please remil OIEC/\' OR M O N EY O RDER MADE PAYA /JL I! TO TI II! ALABAM A STATr BAR for the amount listed on the TOTAL line and forward il wi th this order form 10: SU5Jn H. A, drcs, Director of Commllnications, Alabama State Bar, P.O. Box 67 1, Montgomery, Al 36 101, (334) 269 1515

Alabama State Bar Members Insurance Specialists, Inc. Is Pleased to Present A Newly Endorsed Term Life Plan This Outstanding Introductory Olkr Features: • •

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BUILDING ALABAMA'S C OURTHOUSES

By Samuel A. Humore, Jr.

Ift~l~

Coon(f CourlhcJug, around I!IOZ

Henry Countyenry County

Established : 1819

T

The followillg continues a history of Alabama S COl/llty courlhousestheir origins and some of the pl!ople who contributed 10 their growlh. If

you have an,lI photographs of early

or present courthouses. please forward Ihem to: Samuel A. Rllmore, Jr., Miglionico & Rumore, 1230

Brown Marx Tower. Birmingham, Afotxlma 35203, 170 .... , ' 0"

he arca that wou ld become Henry County, AI~bmm was p"rt of the first county in the Mississi ppi 'l'erritory.

Washington County, establishcd in 1800. Later, it became a part of f.1 onroc County when it was established in 1815.

Arter Monroe Co(m t~ was subdivided in 1818. the future Henry County became II PIITI of Conecuh County. And when Conecuh County was subdivided, one of the counties created (rom it was Uenry.

Henry County was established o,n December 13. 1819. one day berort Alabama became a SUlle.

Even after all of the subdividing... I its birth Henry County was Alabam.. 路s largest cOlmly. It included all of lilt southeastern part of Alabama which

covers the present counties of Barbou r.

Coffee, Covinllton. Crenshaw, Dale, Ceneva. Henry, Hou5ton, and I)ike, The orlginlll J Icnry County a l ~o included small portions of present-day Conecuh lind Bullock counties. BWluse so many counties came out of Ilenry, It is known as the "Mother County~ of AlabMlla.

Another nickname for Ilenry Co,unty is "The Cradle of the WiregraM." because southeast Alabama is consid路 ered the "Wiregrass" region and e\'ery county in that region was fo rmed from Ilenry County. Wiregra禄 is a genuine type of gr"M that is a member of the Ariltida family. It has long, round, wire路 likf: blades which grow 12 to 15 inches high. This tough gran once covered the

""'''11 Coonlll COtlrllHMl.W, lOOIl (/h~ lIN/111m at lINt tmlllrJI

plains of southeast Alabama but is now rather scarce. lienry County is bordered on the east by the Chattahoochee Riller. Also now路 ing through the counl)' is the Ch()(;tawhatchee River. Before Henry County was established. the immediate area around the Ch()(;tawhatchee wu informally called the C hoctawhatc.ll(~e country. When th ~ Alabama Territorial l..4!gislature created seven new counties on Dectnlbtr 13. 1819. the inll!;11 proposal was for the county that would become Henry to be named Choctawhatchee County. Howeller. since the other six counties were being mimed for indjllldunI5- Butler. Creene.

Jackson. Je((e15on. I'erry, and Wilcox - the fi nal decision was to likewise l1ilme this cO\l!lly for a hero. Pat rick Henry.

Patrick Ilenry was born al Studley In HanOller County. Virginia on MllY 29.

1736. lie served as n member of the Virginia Iiouse of Burgesses. Ilenry is remembered. M a nery and persuas i~ orator. In one of his speeches he proposed a resolution that the colonlst.s should ha~ the e.~c lus ive right to tall themselves. In arguing against the hated SUlmp Acl he cried, "CaesM had his Brutus; Charlu the First. his Cromwell: and George the Third_. At th .. t point the SlMaker of the 1路louse

shouted, "Treason." Other members did the same. Henry completed the sen路 tence by saying, --and George the Third

may profit by their ex.lrnplt. If thi~ be treason, make lht most of it.~ His most famous speech came at the Virginia i'rOllinciaJ Conllention which met at St. John's Church in Richmond on Harch 23. 1775. He appealed to the colonies to take up arms fOf thei r rillhts. His onen Quoted remarks ended with, " 15 life so dear. or pe.:K:e SO sweet. as 10 be purcha.芦::d III the price or chains and slallery? Forbid it, Almighty God! I know not of the course others may take: but as for me. give me liberty, or gillt me dealh!"

Henry was named commander of Virginia's troops. In 1776 he was elected governor of Vir[linia and served, though not consecutillely. for fille terms. After the I~ellolution he opposed the rMificalion of the United States Constitution bel:iluse he felt it would trample on lhe rights of Indillidual states. Howellcr. he was inOuentill1 In the adoption of the first ten Amendments to the Constitution, popularly known as the 13i1l of Righl5.

In 1788 Henry retired from public life and returned to his prillate law practice where he became a nOle...'Orthy criminal

ft

".n ,Don,."

defense lawyer. He wu offered arId declined many fede ral offices including United States Senator. Secretary of State, Minister to Spain, and Chief Justice. He was even elected governor of Virgini" for a s i ~lh term but refused the posi tion. In 1799 Ceorge Washington persu;Idcd Henry to run (or the Vi rginia Legisl"ture. He 11.'''$ elected b(lt died on June 6.1799. before he could lake offi ce. lie i ~ buried On his estate. I~ed I-Iill. in Chrrrlottc County, Virginia. '!Wenty years aft er his death. his name WIl S given to II county in Alabarl'la.

The Act which created Henry County appointed five county commissioners to select a county reat and superintend lhe const ruction of a courthouse and jail.

These commissioners were Joel T. McClendon. John50n Wrilthl, S. Smith, William C. W<ltkins. and John f anning.

UnfortUilatcly the~e members t:ould not agree on a site and did not carry out their duties to establish the $eat of government in Henry County.

The first circuit court in Henry County was held in 1820. It was presided over by Judge Reuben Saffold of the 2nd Ci rcuit. Since there was no courthouse and no oWei,,1county seat al this time. the trials took pl ~ce at the home of lhe sheriff. John C. Morll:an. No records exist of these flut Henry County court pr()Ceedings.

A great geographic change took place in Henry County on December 7,182 1.

The Legislature created Pike County

from the nQrthern portion of Henry County ;md Covinltton County from the western portion. The county wa5 left with l e~~ than half of its former territory. And. at t h i~ time, a county scat hild yet to be selected.

On December 18, 1821. a second fivemember commission (or Henry County was appointed by the Legislature. These members were Willi~m Beauchamp, nobert Irwin. Willillin Irwi n. James nabb, ilnd Stephen folJuhews. They selected a site (or the county seat and

c"lI ed It nichmond, prolubly iIS a f(lrther n\emorlal to Patrick Henry, namesake of the county brld governor of Virginia of which Richmond I~ the capital.

The town of Hichmond was called Wiggin's Springs prior to becoming the '-olmly seil\. The key Qualifications for the selection of Itichmond as county seal were that it was centrally located within the newly cQnfi gured county and its land was nat. making it well suited (Or town-building. Ilichmond. hOWl'Ver. had no olher advantage and the lown fai led to grow. The county did build a log courthouse there. l'!'ue to the nature of the times and the frontier, most of the cases heard involved land transactions, the sale of crops, ilssauJ\ and ballery, and the (~illITe 10 pay debts.

The bui1dcr~ of the courthouse and jail at Richmond were Itobert Irwin and Pelatiah Whitehurst.

On December 22. 1824, the Al~blm\~ Legislature created Dale County from parts of Henry, Covington and Pike counties. The next day, the '-egi~lltture appointed Robert Irwin. Bartlett Smith.

Ilobert Richurds, 13enjamin Harvey. and Elijuh Bryan as a;lents fo r Henry County to select land (or use by the county in e~tabli$hing a new seat of jus" tice. Richn\ond wa~ not Initially located within the Ilcwly crc,ltcd county of Dale, but it was so c1o~e to the county line

that a group of citizens petitioned Ihe i..ell:islalure to move U,e boumillry line (our miles east. 111e t.egislature obliged them on January 4, 1826, and this action placed nichmond in Dale County.

Since Richmond was no longer in Henl')' County, county officials chose to unofficially move the county leat to the largest town in Ihe county, Columbia. a center of trade and a steamboat port on the Chattahoochee River, The citizens built a 1011: courthouse in 1826 which was located on the southeast corner o( a squarc facing Washinll:ton Street, the town's main thoroughfare.

The Henry County 5eicction commis· sion appointed in 1824 did not reach a decision on the new permanent COlltthouse site. By June 13, 1827, two new members, Peter Simmons lind Ceorge Jones, were armointed to repillce Benjamin Harvey and Bartlett Smith on the commission, This group also (ailed to act 50 the next l.egislature appointed a new commission on December 20, 1827. Thl5 commission consisted of Moses I{irkland, Joel 1. McClendon , Sion Smith. MostS WtcmS.llnd Andrew Gamble. The new con'U'nlssion WIlS directed to submit to voters a final choice between a site as ncar to the center o( the county as practJclll and Ihe courthouse site already being used at Columbia. After th is vote was taken, on December 20. 1828 the Legislatu re offi. cia lly designated Columbia on the Chattahoochee River as the seat of jus. tice of Ilcnry County.

Richmond, though m.'Ver IMge, was an important plac~: It was the first county seat of Henry County and it was also the fiut county seat of Dale County. Shortly after the ItIchmond site was annexed into Dale, Ihe Legislatu re requirecl both Ilelll')' lind Dale counties to levy a special tax to pay the debt owed (or the construction of the court· house and jail there. In December 1827. the l.egisMure specific,llly directed that the Circuit Cou rt of Oall: County WQuld meet at the "old courthouse" of Henry Count)'. However, in January 1830, a commission selected the town of Daleville to be the county sellt o( Dale County and on Dteember 8, 1830, the Legislature authorized the s.~le o( lhe old courthouse and jail III Richmond.

The town o( Richmond soon faded into ob$Curity and tod~y it no longer tlIisLs.

llisl,,,i<: murAvr in Mbndll,

Columbia was one of the e:.rliest ~e t ­ !lemenl. in Henry County. It started lIS Ii trading post because it was located hi II crossi ng point from Georgia on the Chattahoochee River. The first settlers came around 1820 and probably named the town for Christopher Columbus. It is sometiffi($ M n referred to as "Columbla-Cem of the Wirell ras$.~ The ciUzens built a log courthouse in Columbia which was u$Cd for a number of years, The selection of Columbia as county seat was not tol:.lly satisfactory. [t w~s located on the eastern border of the county. While it did hilve:. river port and a trail crossing, it was not conve· nient to reach from the interior por· tions of the county.

By 1832 there was an effort 10 move the counly seat to the center of the counly. The Legislature directed that an election bc held concerning the rcmoval of the courthouse from Columbia. The strongest proponenli for removal lived near Abbe\lille. and so Abbe\lille becll!ne the temporary county seat.

During the next ses.!ion o( the Legislature, another fi'JC' person commission was appointed. The members o( this commission were "loses Kirkland, Bryan Sholar, Jame5 Bennett, Sion Smith. and John f'airdoth. This time the commission w,u to select one site in

addition to Abbeville. located within thrCt miles o( the geographic center o( the county. TIle legisillture direcled lhe sheriff to hold an election where the choices were Abbeville and the site nearest the center of Ule county. Thi ~ turned out to be a hotly contested race as the center site had many influential citizens supporting it. The vote was a close one. 1to\\'Cvcr, Abbeville won and it officially became the COllnly seat of Uenry County In 1833. The size o( Henry County, with Abbeville as the county $C"t , would remain approxim"leIy the same for lhe next 70 ye"rs.

Abbeville was established Orl a ridge near a creek and was prob.1bly settled prior to t820, 111<:re is some question Ilboutlhe derivation of the town mune but it Is generally Ilccepled Ihllt the town was named (or the nearby creek. There have been various spellings of the Indian name (or the creek, including Yatt.l Abba, l'attayab.1 ,lnd Yattayabba. The name has been corrupted over the years as Abbie Creek, Abbey Creek and then Abbe Creek.

The name of the town wi!.' forlilerly spelled ~Abbcyvme~ but over time U~ ''y'' Yo'as dropped. Apossible translation of the n.1me is ~dogwood grove," One thing is cemin, Abbeville, Alabama is not named (or either Abbeville, South Carolina or Abbeville, France. The town name is of Indian origin.

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As an aside. one of the early 5ettler~ of Abbeville was Henry A Younge who becllme Abbeville's first postmllsler In 1833. Younge WJ5 a native of Switzerland. He later moved to another location in lhe Wiregr,iss area lind IIlso became the postmaster there. That town was n,lmed GencviL in honor of his home in Switzerland. At the lime it was fOlUlded. Geneva WilS locilted in Coffee Counly. Th~ legislature creiLled Ccn~'\Ia County in 1868 and likewise named it for the city of Ctl1evb. Switzerland.

The first court in Abbeville was held in an old log bUilding which had bcen used as a school prior to 1833. Although Abbeville was the county seat. it conlin· ued to be challenged for that position by other towns ~nd areas of Henry County. On Jnnuary 17. 1845. the Legislatl.lre appointed another commis· ~ ion to select one site in addition to Abbeville S(l that voters could hil\le a choice between the two locations fO r their county seat. The members of thi$ commission were Will iam C. \villi~, James Murphy, August Sll<lnn.lohn S. Cote. James Pynes. Jamcs Brown. and Michael Koonce, Those desiring the new site for the courthouse wrote "new site" {In their ballots. Those who wanted the courthouse to remain in Abbeville wrote in "Abbeville."

The Supportcrs of n n ~'W site lost and immediately plans wer~ m<lde to build 01 114 MA., l!1W

~uitab le courthouse for Henry County in Abbeville. A building commi ttee con· sisting of Cillul'll 1-toore. Willi .. m Whiddon. Weeks PiPilen. Aaron Odom. lind Young 1-1l1nn was appointed on Jlinuary 8, 1846. Soon /I wooden structure replaced the old Jog courthouse which was returned to being used as a school.

Despite the two previous courthouse site votes won by Abbeville. its opponents continued to seek a new county seat. On January 23, 1860. the Lel:li~latu re p.. ~~ed ytt :mother Act calling for another county.wide vote on the Issue of COullly sent ioclltion. Agairl, Abbeville won the election.

On February 13. 1379 the issue was raised again. The Legislature called (or another election on the location of the courthouse, This election was between Abbeville and the center of the cOlmty, Proponents of Abbeville wrote in "Abbeville." Proponenh of the geographic center of the county w~ote in ·'centre." As in the previous elections, Abbeville won <lgllin.

It became apparent Lh<lt Abbeville's opponents. citizens from the southern part of Henry County, were never going to be content traveling the distance (rom south Henry County to the county seal in Abbeville. On February 17, 1885, Ihe Legislature ordered another election. Th j~ time the i$sue W<l$ pre~ented

differently. The Ilcople were to dCl;ide where the second week of each term of circuit court would be held. The deci· sion was already made to hold the sec· and week of court in the southern por· tion of the county. The election contest was over which lown would host the sel;ond weck-Columbia or Headland, It WItS a 5piri1 ed campaign and each town vigorou$ly sought the branl;h courthouse. Columbia ruidcnts lugued thatlhefrs was the older lown and it had previously been the county seat.

Headland argued that it was a new town and more centrally located. The Abooviflo Times. a county seat newspaper, supported the campaign (or Headland. However, the vote favored Col\lmbia and its citir.ens provided a courthouse building. On the fourth Monday in Augllst 1885. a term of the circuit coourt of Henry County WM once l1gafn held in the old county seat town of Columbia. [t was also in 1885lhala movement began (or the construction of a new courthouse in Abbeville. The old court· house was made or wood and had no vaults fo r keeping valuable records.

Still, there 1'.'(15 50me C(lncern that the iLrea did not have suitable clay with which to make bricks for a cou rthollse, [n any event. there wa~ a gre'll dehate and much cont roversy conl;crning the construction of /I new courthous/l buillling.

F'inally. county officials decided that lhey needed more facts. On April 17, 1885. they appointed a committee consisting of A. C. Cordon, N, L. Haliley, Thomas J. Howerton, It J. I~ eynolds.

John r. Davis. and W. f;. llradley to can· t,lCt architects. cont ractors and builders and get detailed pl<ins, sP£cifications and I;ost estimolLes fo r a brick building.

They were directed to report back by August. After doing all it was instructed to do, the committee. in Its re port to the county. recommended that construction of a brick cou rthouse be delayed indefinitely.

Despite this report. support (or iI new courthouse continued. On November 28. 1888, the l.egislature authorir.ed Henry County 10 borrow money and i$sue bonds fOr the plJrpo~e of building a new courthouse and jail in Abbeville.

The Icgislature set a cap of $10.000 on the amou llt that could be borrowed.

The wooden courthouse which had served lIenry County for Illore than 40 years was torn down. Its rock founda 路 tion was used in the new brick building,

By July 1889, a r(porlto Ihe counly commission listed the materials used in the building. Lumber. brick. hilrdwilte. lime. cement. and other materials cost the county $2,201. No mention was made fo r the cost of the labor.

The courthouse constructed on the Abbeville square in 1889 was of Simple design. 1\ contained two stories and had a clock tower crowned with a cupola and topped by a (1.lg pole. Early photos of the courthouse shO\<o' porches at the entrances on both the fiut and second noar levels. Also, the courthouse was originally constructed of unpainted brick. Later phot(ls. Including n picture made Immediately before demolition in 1965. show a building painted white.

Bec.llise I'Icnry County Wfi! long and narrow. and because Abheville was located In the extreme northern parI of the county, the issue of where a branch courthouse in the southern pari of the county should be located remained volatile as population growth continual路 Iy shifted 10 the south. As early as 1869.

Columbia had begul'l the c(unpailln for a branch courthou!\(! thai did not end until il rtceivcd 0I1e.:u previo\l$ly noted. in 1885. When Headland was established IU a town in 1871. it was Iilid out with Il lllrge square with the hopes that it would receive a branch courthouse at some future time.

Another town in the $Outhern PMt of the counly experienced substantial IIrowth and by the 1890s it IIlw competed for a branch courthouse. This new town WIU Dothan. which was chMtered In 1885.

H Is Interesting to comp;!re popula. tion figures for to..... ns In Henry County in 1890. At thllt time, Abbeville, the count)' scat of Henry Cou nty. had a population of 465. Columbill, the former county seat and branch courthouse site at Ihe time. h.ld a population of 960. A third lown listed in the records was "Dothen.M Note the spelling. It had a population of247.

On Oetelnber 12. 1894. tht Alabam~ Legislature apprOl路td II law allowing drcuit court to be htld in Dothan. The cith~e n 5 of Dothan had to provide a court路 hOllSt. free of expense to Henry Count)'.

State-Specific

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-If anythIng approaches 'law offl" In 0 box,' this Is It." -tNde<'. ~ led!

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Cuts document draftin g tim e 75-85%

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in order 10 have court proceedings in their lown. This the citizenry gladly did.

From 1895 untitI903, when Houston County was created, Henry County had three courthouses, a situat ion uni1lue in the history of Alabama. The county seat WliS Abbevl11e: Colmnbill h,ld II branch cou rthouse; and Dothan lIlso had a branch courthouse.

With the strollg, steady growth of the l)othan area. both economically and in population. it became obvious that Henry County would once n'lQre be divided. The Alabama Constitution of 1901 foreshadowed this event. Article II , Section 39, mandated that no new counly in Alabama could be fo rmed wilh less !luul 600 $quart miles, and no existing county could be reduced 10 Ius Lhnn 600 square miles. T hi~ Wll5 done Lo prevent the division of lefferson County S.mu. 1 A. Aumo... ,Jr.

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which had slightly more than 1, I00 square miles.

Nevtrthtless. Section 39 contained a constitutional exception. It specifically addressed the needs of Ule cilil:ens residing in Ihe southeast corner of Alabama. It provided that out of lhe counties of Henry, Dille and Geneva. a new county of less than 600 square miles could be fo rmed 50 as to leave the countic$ of Henry, !);.lIe and Ceneva with not leu than 500 square miles each.

That i! exactly what was done on February 9. 1903. when llouston County, Ihe last count)' crellted In Alabama, was established. Houston County contai ns approximately 577 square miles. Henry County was lefl with approximately 557 SIlUllTC mi les, Dale County was left with approximately 561 square miles. And Ceneva County was left with approximately 578 square mlles. With this fir'la l partition, Henry County, tht folother County. which was the largest county wlltn Alabama became 11 state, becanle ..... hal is now the third smallest county in Alab.lllla.

Both Dothan and Columbia. the IwO branch courthouse towns, were located within the boundariu of lhe newlyC$Llbl ished H01.l510n County. After 1903, llenl)' County reverted 10 having one cou rt hOu~e lit Abbeville .

The slory of the courthouses of Henry County has one fi",,1 entry. The 1889 courthouse was used for over 75 years.

In 1965 the county razed the structure in order to build Ihe fourth courlhouse lit Abbeville. Construction for the latest Henry County Courlhouse was com· menced In 1966 lind completed on April 26, 1967. The structure has two stories and a basement. It is of modern duign containing 3J ,000 squllre feet and cost· ing $504,332. Acolonnade of 48 flared columns surrounds the courthouse on all four sides, The architects for the buildinJt were Epps and Davis of Ileadiand, Alabama. The contractor was Jone$ and I-Iardy of lJirminJtham.

• The author acknow l cdi:l~s the assis· tance of Abbevi lle allorney Gwen Daglan In obtalnlnil photographs and info rmation used In this article.

Sources: History of lIImry C(Mlty, Alabama, Eva Clyde ~StoVJII) Scolt.

196 1: Hellry, The Mother CO/mly, 1816· 1903, Hoyt fot Warren, 1976: Henry's I-iltritage, ,t History of Her/ry County, AlaOOma, " volumu, Hoyt fo1. Warren, 1978·1985; "Wiregrass 8.,gas." Oscar L. Thompkins, Thl! Allloomu l.awyftT, vol.

3, pages 249·276. July 1942; "Brief History of Henry County," William W. Nordan, Henry County Hl,torical Society, no date.

ALABAMA STATE BAR

1999 ANNUAL

July 14-17,1 999 • Birmingham , Alabama

ROAD MAPS: DIRECTIONS FOR THE LEGAL PROFESSION The Alabama State Bar strives always to encourage, motivate and prepare Us members lor the legal proiesslOrt ol lotlayand tomorrow, Travel In today's legal profession demands the best 01 dlrectfons and guidance to meet tM challenges that olten lie around every curve. From the rapidly developing 'rllarna! and Its expanding boundaries to electronic guidance systems tllal appear \0 do the ·driving~ lor you, Ihore are new directions In the future for the legal profession. Perl'laps more than ever belore, Alabama anoroeys are turning to the Alabama Stale Bar to provide strong leadership and guidance on the road Ihallies ahead. The 1999 Annual Meeting brings together a~erts In leading-edge lechl'lOlOO~ to client relatlOfls to law practice management for the new millennium - with a little hUlror mixed In as well, Choose from 38 hours 01 CLE, Including a speelaJ all-day CLE program that will appeal to members IntI/rested In masterIng new challengesl There is a copy of this "must·have" road map wailing for every ASS member, Let th. Joumey begin here!

"ONE OF THE VERY FEW, REALLY FUNNY, INSPIRING MEN IN AMERICA TODAYI" Mark Ma,tleld continues to earn acoolades lor hIs hlgh·content seminars and stana·up comedy.

He received rave reviews at his previous appearance berore the Alabama State Bar ard returns by popular demand to help Alabama lawyers "Keep Balancedr

AU PROGRAMMING RECEIVES CLE CREDIT, WITH THE EXCEPTION OF SECTION BUSINESS MEETINGS.

W

IENCH" IAR LUNCHEON John McKay, &q.

"THE POWER OF WORKING TOGETHER" Learn the Imporlance 01 specialty and local bars working with the ASB on Issues Important to all Alabama attorneys. Programs Include:

Washington, D.C. President, Legal Services Corporation PLENARV SESSIONS: •

SPECIAL AU-OAY CLl PROGRAM Six challenges you nMld to master wIth a road map to tell you how. Six hours CLE trom 8:45 am 4:45 pm with Ezra Tom Clark, Jr., Mesa, Arizona, co·sponsored by the Mobile ana BirmIngham chapters of Ihe Association 01 Legal Administrators: 1. How to El'actively Choose an Area 01 Concentration 2. MarketIng Your Practice 3. Technology - Blessing or Curse 4. Practice Management - ManagIng the Delivery 01 Legal Services 5. Value Pricing - The Demise 01 the Hourly Fee 6. Partner Compensation Systems You Get What You Reward "eEING A GOOD LAWVER IS NO JDKE'" Douglas O'Brien, former chair, New York State Bat Association Public RelatIons Committee, addresses the tough topiC 01 Image and lawyer·bashlng In a direct. practical and upbeat manner. You wIll definitely leave this sessIon as a better lawyer. And thaI's no Jokel

• "Miles To Go: Progr.... of Minorities In the Legal Profession" • "How to Get and R,I.'n Corporate Clients"

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Seminar and luncheon wIth guest speaker JamBS D. Cole, Esq , Past President National Bar Association GRANDE CONVOCATION

• Chlel JustIce Perry Hooper Alabama Supreme Court

w

LEGAL EXPO ."

Visit with vendors and register to win outstanding prizes.

•

MCWANE CEMTER MEMIERSHIP RECEPTION

A "MUST-SEE" EVENTI

~ KIDS' W

CHANCE GOLF SCRAHaLE

ALABAMA STATE BAR

1999 ANNUAL

July 14-17, 1999 • Birmingham , Alabama

At-4t-4UAL MEETIt-4G AT-A-GLAt-4CE WEDMESDAY JULY 14. 1999 8:30 am· 4:45 pm SPECiAl AU·DAY eLE PROGRAM " MASfERIMO THE SIX CHAllENGES FACING EVERY LAWYER AND LAW FIRM" Ezra Tom CI8ftc, Jr., Mesa, Arizona Co-sponsored by the Mobile and

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ALABAMA LAWYER ASSlSTAltCE PROGRAM

BENCH ANO BAR LUNCHEON John M~.,.. Esq. Washington. D,C, President. Legal Services Corporallon

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DINNER

OPENING SESSION

New York, NY 9:35 am ' 10:50 1m

PlfNARY TWO: "THE PAPERLESS OFFICE'''; THE AUTOMATED LAWYER'S EDGE" Ross L. Kodnar, Esq. MlcroLaw, Inc., Milwaukee, WI Bruce A. Dlsen, Esq .

Olsen & Nesemann, Appleton, WI

2:00pm - 4:15pm

_SIIOP " BASte tSSUES OF LAW" Sponsored by VLP/Commlftee on Access to L9(}al Services. Followed by Pro Bono recsption.

Stralghtlrom the National ABA TochStIOw In Chicago, hear two outstanding programs by Ihe team 01Kodner and Olsen (Irom Ihe morning plenary session).

THURSDAY JULY 15. 1999 8:30 am • 8:40 am 8:45 am • 9:30 am PLENARY ONE: "BEING II. GOOD LAWYER IS NO JOkE!" Douglas G, O'Brien, Esq.

"DEATH Of II. SOLE PMCTrTIONER: PREPARING YOUR puenCE FOR THE UNEXPECTED" J. Michael Manuco, Esq. Sponsored l>y Law Office Management AssIstance PrO(}ram Of the AJilbarml State ElIr

12:15 pm - 1:45 pm

2:00 pm • 4:00 pm BOARD OF BAR COMMISSIONERS' MEETING

7:00pm

WORKSHOP

SECTION PROGRAMS Disabilities Law, Workers' Compensation, ImOt and Employment Law, and LllIgation

Birmingham chapters of the Assoc~flon of LegJi Administrators 6.0 Hcurs elE Credit (See Program HighlightS lor topics.)

4:00 pm MCLE COMMISSION MEETING

11:oo"", - "oon

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2:00 pm • 3:00 pm

WORKSHOP "TItE MOBIl( LAWYER: PRACTICE ANYTIME, ANYWHERE" ThiS workshop ccwers everything modem Ia~rs need to know about using a laptop In their pl1Ctic8 - what th6y should and shouldn't do wf,.,lt, what laptop hardwafB and softwaf6 10 buy bawd on profiles of Ihf86 differenlllwyers wllh throe d/fforen/ prnclice /yf)(JS (IItigalor who travols a10/, transactional lawyer with moderate needs, and a lawyer who nral/y needs a Palm PC more than 8 laptop) - big hit natlonwidel (Thursday schedule continued on next pJ(}e)

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3:00 pm - 4:30 pm

3:30 pm • 4:30 pm WORKSHOP

SECTION PROGRAMS Health law, Elder law, and Real Property, Probate and Trust law

"TICK, TICK, TICK • •. BooMI The Year 2000 Problem with Five Months left - What

Alabamalawyef1 lleed to Do . • • NOW'"

4:00 pm · 4:38 pm

Th~ (/liB says it all. This workshop is a survival kit for Ihtl Impendinf) )'6ar 2000 problem and COvefS Bverythlng from taking c;Jrw of your hardWI1"6 and softwar8 I$SUBS to guiding cliBnts to elhk;al concerns and obligations.

sa;CTION BUSINESS MEETING Bush'!ess law 4:30 pm - 5:00 pm sa;CTlON BUSINESS MEETING Young laWYelS' 5:00 pm . 5:30 pm sa;CTlON BUSINESS MEETING OU, Gas and Minerai Law

3:30 pm • 5:00 pm WOftKSHOP

"EffECTIVE COMMUNICATIONS" Douglas O. 0'8rlen, Esq. New York, NY II's more than you Il1Inkl List/minD. speak/liD, writing, Imaging. non-verbal. How do you overcomB obstllcles? Test tho theory by exercises lind role-pl,lyln(J In /hIs hIghly Intemclive work· out. Us/nD videotapes. IIs /enlng, Spe6Ch, and writ/ng exe/tlsos. Ihls n.lllonally recognized OXPOf/ will chal/6nge you as w(J1f as motivate you to first bf awar6 of your skills at communicalfng, and then prattiC6 Improlling those skills,

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8:00 pm - 8:00 pm ASB MEMBERSHIP RECEPTION McWane Center 8:30pm

"AFTERGLOW" RECEPTION Birmingham Sheraton Co-sponsored by th8 Alabama Lawy8rs Association, M8gic City Bar Association .1nd rhfJ Alabama Stalo Bar

---------------------------------------------------------

r ~

KIDS' CHANCE GOLF SCRAMBLE

Friday, July ,6, ,999 . ,2:311 PM Sholgun Start

Wnat bener way to relax after a mornlna spenl sitting In a seminar lnan an afternoon 01 golf? II'Seven better when you know Ihal you're helping make a difference In a young person's lile. Join us on the goll course for the 4th Annual Kids' Chance Golf Scramble. Upon registration you WIll receive a confirmation showIng the name 01 the goll course.

The Kids' Chance Scholarship Fund provides SChOlarships lor children who have nad a parent killed or permanently and totally disabled In an on·the-iob Inlury. Kids' Chanee was estabHshed In 1992 by the Workers' Compensation Section.

Thlrty-one students are attending college or technical school with help Irom Kids' Chance this year.

II you are unable to play In the tournament, please consider sponsoring a hole. The Workers' Compensation Section appreciates your support, Tom Oliver, chair

GOLF SCRAMBLE ENTRY FORM

Name _ __ Address'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ City _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ Slale_

ZIP COd8 _ _ _ __

Otllee TelephOne _ _ _ _ _ _ _ _ _ _ _ _ Home Telephone _ _ _ _ _ _ _ _ _ __ Member Club USGA _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Handicap Index .

GHINNumbet _ _

_

ltKllvldual Player ....$100

$

_

Hole Sponsorship & I Player Slot .... $300

$ _ __

_

Hole Sponsorship ....$250

$

_

Hole Sponsorship & 4 Player Stots , • ,$500

$__

TOTAL ENCLOSED II you do not have a learn, you will be paired with another player. For further inlormalion, contact Tracy Daniel at 800·354-6 154. Please make checks payable to: KIDS' CHANCE SCHOLARSHIP FUND.

$ __

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7:00 am • 8:30 am BREAKFASTS Cllristlan Legal Society, Farrah Ordor

•

9:00 am -10:15 am MORNINO PlENARY SESSIONS

•

of Jurisprudence/Order of the Coli, Jon&s School 01 Law, Birmingham School 01 Law, Miles School of Law, Past Presidents', The Alabama LaW)'8rEdllorlal Board

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Mark Mayflllid

Kansas City, MO Back by popular demand, corporare comedian MJrlI Mayfield will address prob/fm·solvlng and dealing with chanrHI, all with /116 b6f1ffil of sldtJ· splll/,ng humor.

2:30 pm - 3:30 pm Intellectual Property Law

3:30 pm • 4:30 pm SECTION PROGRAM Administrative Law, Family Law

3:30 pm - 5:00 pm SECTIOlI PROGRAM Environmental Law

OF TROUBlE WHILE ENJOYING UFE" Jay G. FDonbe1J, Esq .

Santa Monica, CA Also back by popular demand, one of Amer/c8's most effective SpoOkBfS to la~r 8udlllncBS, Jay Foonber(}, will /ell us all how to ~do It rlQhl and make money at the same tlmfl!~ - a sure foad SPECIAL " MINORITIES OPPOfITUHITIES & PARTICIPAnQN CONFERENCE"

4:30 pm • 5:00 pm SECTION BUSINESS MEETING Women's Section

0

3:30pm - 5:00pm WORKSHOP II "THE CASE FOR CIVIUTY IN UTlGATlON: REPRESENTlMG YOUR CLIENT AND PRESERVING YOU"

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5:00 pm - 6:30 pm UfUVE~TY OF AlABAMA SCHOOL OF LAW

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5:30 pm - 6:30 pm CUMBERLAND SCHOOL OF LAW RECEPTION "Ragin' Calun~ band Zydeco, 2001 15th Avenue South

"THERE IS APLACE AT

......

11 :00 am - Noon

"IIIW TO GET AND RETAIN CORPORATE CUENTS" 12:15pm.1:45pm

ALABAMA STATE BAR MEMBERSHIP LUNCHEON GUEST SPEAKER: James O. Coil. Esq. Senior Vice-President & General Counsel.

Republic Industries, Ft. Lauderdale. Florida (Mr. Cole Is Bnativa of Florence. Alabama, a

2:00 pm - 3:30 pm WORKSHOP I "A TtfIEf-LEGGED STOOl FOR SUCCESS IN THE PRACTICE OF LAW" Jay G. Foonbtrg , Esq. Come prepared with your Questions aller J.y Foonborg lel/s you three roads you MUST fflJvel If you evor hO()8 to become 8 stJCcessfullBwyer.

Highly Imelllc/iva session!

SECTION PROGRAM

10:25 am · Noon " HOW TO MAkE MONEY AND STAY OUT

THE TABU FOR US ALL" Sponsored by /he Task Force on Mil/ority Pattlelpatlon of tho Alabama $tale Bar 8:00 am - 9:00 am M.ORrTY PARTICIPATION TlSI FORCE MEETING 9:15 am -10:45 am "NILES TO GO: PROGRESS OF MINORITIES IN THE LEGAL PROFESSION" 10:45 am -11:00 am

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"DOING BUSINESS IN CORPORATE AMERICA: CHAllENGES & OPPORTUNITIES"

"LAWYERS KEEPING BAlANCE"

to successl

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graduale 01 Harvard Law School. and Is past president 01 the National Bar Association.)

FRIDAY JULY 16. 1999

RECEPTIOII Come and meet Coach Mike Oubose at the Summil Club, Am$outh Harbert Plaza.

SATURDAY JULY 17. 1999 8:00 8m - 9:15 am ANNUAL COMMITTEE/TASK FORCE BREAKFAST

9:30 am - Noon GRAlIOE CONVOCATION • Alabama Supreme Coun Chief Justice Parry Hooper • Board 01 Bar Commissioners' Meeting

ALABAMA STATE BAR

1999 ANNUAL

July 14-17. 1999 • Birmingham . Alabama

ADVANCE REGISTRATION PLEASE PRINT Name (as you wish II to appear on name badge) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Check Categories That Apply: _ Bar Commissioner Section Chair

_ Past President _ local Bar President _ Justice/Judge _ Committee Chair

Firm _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ollice Phone: _ _ _ _ _ _ _ __ Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Clly _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Slate _ _ ZI',_ _ _ __

Spouse/Guest Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ REGISTRATION FEES

ADVANCE REGISTRATION Alabama State Bar Members •. ,.,.,., .......... , •.......

8y June 30 $160.00

After June 30

$195.00

$ 97.50 _ Full-tIme Judges .......... . . . . ... . . . $ 80.00 _ Attorneys admitted to bar 5 years or less . . . . . . . . . . . . . . . . . .. $ 80.00 $ 97.50 _ Non-Momber (does nOI apply to spouse/guesl of registrant) , • , • • $275.00 $300.00 TOTAL REGISTRATION FEES NOTl:: To ensure adeQuate meellng space, please Indicate ytlur plans to attend _ I will anend any portion of the SPECIAL All-DAY ClE program on Wednesday, July 14;

OPTIONAL EVEIl TICKETS THURSDAY, JULY 15, 1999 No. of Tickets 8ench& Bar lunCheon , ... ,.,.,.,.,., ... ,.,., . , ... ,',.

C _ MembershlpReceptJon .... ,., ... ,., ....... ,., ...... , ..

C C _ AtterQlow Reception (limit 2 Tickets per Registration) ..... , , ..

(Follows the Membership Reception) FRIDAY, JULY 16, 1999 No. 01 Tickets 8REAKFASTS _ Christian legal Society Breakfast . , . . .. , .. , . . .. . . . .. . . . . . . to _ Farra'" Order of Jurisprudence/Order of the Coif Breakfast . ..... to _ Jones School of Law Breakfast .......• . ... . ... . .... ,.... to _ Birmingham School 01 law Breakfast .... . ...... .. ... , . , , , , to _ Miles School of law Breakfast ........... , ..•. . .... , , . , , . to lUNCHEONS _ Memtershlpluncheon , •.•. , .•.•.•.•. ,.,.,.,.,., ••.•. , to RECEPTIONS _ Cumberland School 01 Law Reception .....................

C _ University of Alabama School of law Reception . . . . . . . . . . . . . . to

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TOTAL EVENT TICKETS $._ __ TOTAL FEES TO ACCOMPANY FORM $._ __ Appropriate payment must accompany registration form. Payment by check Is requested, CHECKS FOR REGISTRATIONmCKETS SHOULD BE MADE PAYABLE TO THE AWAMA STATE BAR. MAIL REGtsTRATION FORM & CHECK TO: 1999 Annual Meeting. Alabama State Bar, p, 0, BOl( 671 , Montgomery, Al 36101 Advance rt(Jlstrallon forms MUST 8E RECEIVED NO LATER THAN JUNE 30, 1999. cancellahons with lull refunds may be requested through noon, FRIOAY, JULY 9, 1999.

ALABAMA STATE BAR

1999 ANNUAL

July 14-17, 1999 â&#x20AC;˘ Birmingham , Alabama

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• 38 HOURS OF CLE OFFERED • BENCH I; BAR LUNCHEON • PLENARV SESSIONS • WORKSHOPS • GRANDE CONVOCATION • LEGAL EXPO '~~ • MCWA~E CE~TER MEMBERSHIP RECEPTIO~ • KIDS' CHA~CE GOLF SCRAMBLE A~D MOREl

11111

LEGISLATIVE WRAP-UP

By Hobert L. McCurley, Jr.

Regular S••• lon of the Legislature

The I~ellular Session of Ihe Legislature lrut began in March 2, 1999 must cnd within 105 calendar days, meaning the last possible day (or the LegislilluTC \0 meet is June 14. 1999.

During tha t time the

Lelll~ la l ure

tiln meet only 30 legislative

days. With the first month of Ihe Lellislature history, the Legislature has already consumed 11 legislative days. No bills were introduced in the Senllte. however, 415 bills were introduced In the l'louse of Representativd during the flut month.

Although the Senate consumed II days in folareh, Ihe l'louse met only fou r of the legislative days.

Pending Instltuto Legl.latlon

The Law hutilute ha~ two bills pending before the Legislature this year: Uniform Child CUAtody JurI, dlctlon lind Enforcement Ad (HB 224). 5pOOsored by Representatives Demetriu, NewtOl'l. t>larcel Black and Bill Fuller and Senator Rodger Smitherman (See November 1998;1loOOmo lAwyer). and the I\lel1fer of nUliineu J-; nUtiCII Ad (I-m 312). sponsored by Rcprefe l'lllli\'C

nm Fuller and Senator Roger Bedford, which will allow busi· ness entilies of one kind to merge into a separate form of business entity (&-e September 1998;1/oOOmo l.awyarl: Revl.lons Under Study

The Uniform Principal and Income Ad is under review by :u\ Institute committ~ chaired by attomey Leonl nl Wer1helmtr of Birmingham with Pmfu lOr Tom Jonet ~rving as reporter.

The purpose 01 the Principal and Income. Act is 10 provides rules thM apply to the intel'fst of successive income and remain· der bcncnciaries. TIlis bill deals with ~rlll i$$ues Ihal were not covered by Ihe 1931 and 1962 Principal and Income IICU!. ror example. th~ new aci will deal with the application of the probate administl'iltion rules to revot.lble. living tnlslA after the settler's death and to other terminating trusts. Similarly. tin act will deal with income t.u OOlig.1liol'\5 resulting from the oymership of S corporation stocks and interesU! in partnership!l. Finally. u an example, Ihe act also dtals with Ihe allocation 01 nel income from harvesling and selling timber bctwten principal and income.

Htre's II business Ilmposition from Avis because you're II membcrol Alabama Slate RRr.Wc'IISive you very special dlscouUl$ at pal1icipallnS Avis IOCali(llls.for example,you arc eUSlble for 20% orr our Avb; Associalion Selt'tl Dally mlcs and 5" off promotional !'iIles.

And you can expccllhe most prolesslonal service In the induslr,t lk'Cause Avlll cars come wllh Mis people. and Irying harder is whallhey do best.So make i1 your business to take advanlage 01all1he member beoeli151hal Avis has waiting 101' you.Just show your Avis Member SavinllS Card or As5oclallon Membership 10 card allime 01rental. fof more information or reseMlions,c(l1i Avis al 1-80().698-5G85.And be sure 10 mention )'Our Avis Worldwide Discounl (AWO) number: A530100. f-SIIl'tI!l!ly for Alabama Siale I~r Mentl)er$

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"10rl'{lVtr, II number of matters thllt were provided for under the prior :lcts have been changed or clllrified under the Revised Uniform I'rincipallncome Act, For example, income from partnerships will be based on the actual distribution from the partnership in the same manner as corporate distribution$.

Distributions (rom corporations and p;lrtnerships Ihat exceed 20 percent of the entity's gross askts will be considered principal whether or nol intended by the enlliy to be a partialliquid:llion, The pcrc~ntJIge u~ed to allocate the amounts received frOIll 011 and gas h'ls been changed to 90 percent of those so tilat 90 percent 0( those receipts are IIl10cated to principal and the blllnnced income. Also, the unproductive property rule has been eliminated for trusts other than marilal ueduction trusts.

Finally, this revision of the Uniform Principal and Income Act has been updJted so that it is coordinated with the Uniform Prudent Investor Act. The I'ubllc EmpIO>'i!e ~ Heliremenl S)'. tem. Ad committee is chili red by attorney Kyle Johnson of Montgomery with I'roru l or Jim Bryce serving ~$ reporter.

In 1997 the Law Institute formed a committee to review the Public Emplo}'ceJ' Hetirement Systems Law in Alab.lma, The committee is studying the Uniform f.1anagemenl of Public Employee Helirement Systems Act and comparing it to Alabama's current law, II has beiln noted that throughout lhe

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United 5t..les, slate and local retirement 5}'5 tems currently manage in txcess of one trillion dollars in assets for the benefits of the participants and beneficiarie.s. TIle: federa l ll1w, lhe Employee Retirctm'nt Income Security Act (ERISA), does not apply to these systems. Consequently, the systems that 'A'e are studying are regulated In nch state by state law. This new acl is an allemptto assislstlltes in the modernization, clarification and uniformity of rules governinR: the management of public relirement systems, Cenerally, the act is designed to protect the particip.111ts and beneficiaries of the public retirement system in two \','a),5. I"i rst, the act will articulate the: fi duciary obligations of the trustees who h.we discretionary authority (Ntr the v~rious aspects of the: system. Second, LhI.' IIct will llssist with the moniloring of tile retirement systems by requiring significant disclosure of the fillllnciaJ and actuary status of the systems, The IIcl Is designed to repillce laws that might inhibit or prevent the use of modern investment practices. Draners of the act consider the immediate beneficiaries of the revision as being the system's participants and beneficiaries but the ultimllte beneficiaries being the stale taxpaym by virtue of thc State's being able to offer employees either a better pension at the S;lme cost or the Silme pension at a lower CO$I, I~or more informatiOn concerl1 ing the Instit ute or nny of iLi projects, contact Bob McCurlc:y, director, Alabama Law Institute, P.O. Box 86 1425, Tuscaloosa. Alaban'lll35486·00 J3: fax (205)348·84 11 : Ilhone (2051348·7411: or through the Institute's home p;lge, www.fow.uo.edu/oli.

•

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Who saus uou can't go home again?

And again, ' ,and again, Because every time you visit the Alabama State Bar's homepage at www,aiabawrg, you're getting just what you need to prepare you for whatever is outside that famil iar front door into the "real world," It's the place to find resources for your law practice, links to other legal sites, an on-line bar directory, ABR headnotes (supreme court decisiors), information on member benefits and discounts, and informative brochures for your clients, And it's where you can reach the helpful folks of the bar staff who can answer your questions, !n a time when rapid responses and cutting-edge communications are a must. isn't it nice to know that all the comforts of home are at your fingertips?

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ALABAMA STATE BAR .. AY 10011' '.0

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I

Get Tough

By Charles Shults n dealing with any type or addiction. whether it is \0 chcmi-

ca ls, sex. (ood or ~mblinf{. ilny of the big four. denial

mu~1

be

overC(lrne. The term "tough love" mea.l'l5 (:.ring <I00ut someone 10 take aclion that often seems counterintuitive.

The wife who lives wiU\ II huslxlnd who Is II pmctiCillg alcohol addict is advised by the addiction counselor to

quil covering (or him when he lays out of work because he hIlS a hangover. This seems perilous to her. because if he loses his job, how will Ihey make a living? Yet if the husband's awareness of his disease is ever 10 happen, \h~ closest 10 him must (Iuil covering for him and slop allowing him to allOid the consequences of his behaviOr. This is a difficult proposition. when we cOIre "bout someone. to confront them with their behavior llrtd insi~t th~l they get hell), Too often, we bcli~ that if\\'c just look the other way, eventually they .... ill relllize the error of their ways nnd straighten up. quit drinking too much, get off the cocaine, stol) hanging out at toples5 bars, It usulllly doesn't work like Ihllt. What the addict learns instead is that we will look the other way, and we can ~H go on prctendinilihal the problem isn't there. Unti l one dily it blows uP. and t.hen we say, "Who'd a thought it?"

OtcHsiomllly we h,1V1I the COlJrage to speak up. We mcntiOl\ d ir~clly (lr Ob !iq u~ l y om concerns. or give some hint that we know there is a problem. Or we ask if lhere has been some special drcums t~nce , something unusu<ll, thllt is producing such aberrant behllvior. The addict responds in whatever fashion we have indicated will reassure US! They will straighten up and do belter. We are mistaken- there is no problem, Yes, they have been under iI lot of pressure, bul soon will have things under c(lntro!.

There have been a lot of problems with the wife, kids. car. case, fi nilnces. mother-i n-J<lw, ~ nd judge who d oe~n ' l like me.

Wh<lttver will appe<lse you now is what you will hear, Bec<lusc, you see. the addict truly has a disease thal wa ~ps thei r $enst of reality, their perspective of what i~ hal}Pening, and they may actually believe the lies that they are telling you. And so you buy iHincere delusion.

Sometimes YOll don't Slly llnything at all because some addicts are in positions of power, They may be judges, or the senior partner in the fi rm, Or they may know something aboul us that we fear will be used againsl us. Or we can't afford to lose the income they bring in. Or they may be our old p~1 from college, who was there when we needed him. F'eM keep$ us silcnt.

We convince ou r~e l ves that things will get better, or th<lt wc can m,H1l,ge the situatiOn. deiln up the !lie~~. CQv(:r it ull, close the door, keep it quiet. No onc will know, For a while you buy it. And for a while things mllY get better. But then the problems get worse, nnd the addict conlin. no .. AY

100;

ues to spiral downward. Or maybe we do (igure oul a way. We pul him in the back Ome!!,

~ h j ft

the worklOild, prop up the

staff, double-check his work, mollify the cliell\$, lind pay the debls. We may do wh<ltcvtr it takes so thai he c;m make it to retirement. finish the case, and mainl!!ln the status QUo, We h<lvc become cn<lblcrs.

Whether we want to admit it or not. we have now become fu ll-nedged cO-liddicts, people who will live and work with addiction, and do whatever it takes to play their roles so IhJl lhe addition can go on. Some of us pride our$Cl\1e5 on bting the antagonist. the gadny. We know there is a problem and we My so. Thill is our role. SortIe of us arc the I>£acemakers. We try to smooth things O\Ier and work things out. Some of U511re the di~trllcters. We IIrc v<:ry good at shifting attention away from the real problem. or making light of a b.1d situation. However we chose to play the role, we help to keep the addiclion going.

But there is another role that a n be played, that of the intervenor, We begin to pl"y this role when we see th~t what we tried before is not working. We can educate ourselves about ~ddi ction as a dise.'lSe. We need nOllook ,It Qur comrade, spouse. boss, employee or aClluaint,mce who has <In 'Iddiction rn; SOmeone . . . ho is w~ak, or imm(lr'll , or $tupid. We C;1Il begin to com jhls· §ionately view them 3§ someone who desperlltdy needs our help. arId help eM be obtained.

Addiction is <I disellSe that can be treated successfully, but first it must be confronted, That Is where you come in.

The AlabJma Lawyer !\ss;strmce I'rogram of the "lab-,m" State Bar is dedicated to gelling help for addicted lawye~. The progrlun offers assistance with interventions, referral se rvi ce.~ and colleague support. It takes everyone inmlved being wi lling to take a united stand that enough is enough and il i~ lime 10 get help. If you would risk your life to save <I friend. then risk your friendship to s.we a life. The longer yQU wait. the h~rdc r it becomes 10 succ($.~fully Irelll the disea.~e. The furthe r down the addict goo. the fewer resources they have for reoo~ry.

In our ignorance ofwhlll addiction really is, many of us used 10 think thllt addiction W<lS something to be ashamed or, and thOlt looking at addiction as a disease was a cop-out fo r nOI taking responsibility. Not so.

Addiction recovery meOlns laking responsibility. And the only shame is in conti nuing to live in igno r~ nce and deni,11 when you know a better way. r or confidentii,l help. phone (334) 834-7576 or (334) 395-0807 (24-hour pager).

•

Ch.rI •• S hull . , JO, MA, ila licensed poofllllico'llll cauneobl wiTh AlabImI TherMV~LLC 1!l ~IIf'(II~oIh~SIAt$IW

n.: looIl BIll Awatll 01 AchI8'o'9fJ\8!'lI recognlleS Ioc&! 11m ISSOCI8II01'1$ lor 11811 OUlStandmg con:Slb\JlIOtIS 10 thell eommUIII!rel Awards wltl be PleSlflled al the Alabama SUIte Bat's ArmUllt Mnollr.g in Blrmlflgham Drl July 17, 1999 al 10 I.M Local tlar as,ocllliions compotO for thGso awards bas«! onlhGlr slle, The Itlce caleoorres are l.rllD, medium and amBit bill BSSlXlallOOS

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The 10I10\YIr.g Chlelltl Wilt be used 10 JI.dge the «rnltlftantS for each talegDI'f

* The duglll or partlClpahOl1 b'( the Ind...odual balln advancing PlogflllllllO benelittlre communi ty:

* The qualitY and extent 01tIlo Inp;rct oj the bar', parllelpallon Ot\ the CIIlltIlS inlhal~ll'(.~

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Reflections on the 25th Anniversary of the Judicial Article ~.

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By Justice Hugh Maddox

W

hen I came to ""ontgomery in

February I957 to ~crve as II law clerk to Ihe IlIIe Judge Aubrey rot. Cates, Jr., of the Alabama Court of Appcal~, the belleh lUld bar faced !OnlC serious 11roblems: (I) Alabama had no uniform system of inferior CO\ltts,l

(2) the justice-o'·the·peace system wa5 in place: (3) there were no uniform rules of procedure for the trial of civil

cases;1 and (4) there was noadministralive o(lice (or courts. either at the state or local IM I, to deal with lht problems of case manaRemcnt, Thw: four problems mentioned above were compounded when, in the 19605, the Supreme Court of the United States began expanding the prote1.!lion afford· cd by procedural due process

rights. p;lrticu larly in criminal cases, which conIribuled to an increase In court dockets. The rapid development In the law of procedural due rroce$S, especial.

Iy in criminal c,ues. and the desire of many 1~W)'ers to mod· ern i ~e Alab;ama'~judicial system spurred Ihe Alab,:u'I1:l Smte I1:Ir to take steps that ultimlltely resulted in major changes to Alabama's judicial system during the 1970,. [n the mid·l960s, under the leadership of 1-lowell llcflin,1the b.1r cst.lblish«l a commiUI!t to , &2 MAY'OOO

study the feasibili ty ol holding a citizens' Judicial conference.' The committee rec· ommended thllt the bar, with the help of the American J udiC<lt~lre Society, sponsor 1\ Cilizens' Conference on Alab.1ma Stale Courts,' The Citil:cT15' ConfHenc(:, whose primary mi~ion was to study the prob. lems of the judicial system and to recommend solutions to those problems, was hdd in Montgomery on December 8· 10, 1966, and was hailed as an over· whelming success.'

In 1966, I was serving aJ; legal adviser 10 Covernor Ceorge C. Wallace, Although

[ did not attend the Citizens' Conference, the keYllote speaker at the conference.

A.~sodate Justice Pelham j , ~l errill of the Alllbama Suprerl1e Court, Wtl5 a personal friend of mine. ~lerrill, II former stale leg· Islator, had long been an a~te of judi. cial reform, In his keynote speech, enti· tied "The Facts About AIII~mll's COurti and Judges Today,'" Ju~tice f.lerrill not only dct.lilcd some of the problems I have alr£ady noted, but he also point· ed out th:lt Alabama's judges were not 3dequatel)o compensat· ed and that there ...'ere no retire· ment benefitJ for judges. He also discussed Alabama's system of electing judges, and slated that "I mlore and more stales are coming to what we know as the f.1i 550uri Plan or a variation of It,M lind noted that he had tried "to lIet the l..ellislature to consid· er such a procedure when Ihel was ll mcmber in 1947, but the idea lhell wa~ too new,""luslice Merrill furthe r pointed out thai I\IIIoom1l had no provisions, other than impeadlment, for the removal of judges for misconduct, In my opinion, the convening of that First Citizens' Conference (<1$ it came to be kr'lOWT1) was the catalyst for th~ judicial r~form that would later occur, The con· sensus sUitement of the First Citizens' Confcrtnce' became a blueprint for most of the reforms that would later bt wrought by COr1stilutiolkll ameildmenl$,

statutes, al'ld court·made procedural ruin. The one significanl recommenda· tion of the oorlference that remains not implemented Wall the recommendation that AlabarTh1 dl.lnge Jt~ method of $fleeting judges.

One of the first major chlU\gc~ result· ing from the Citi~ns' Conference occurred in 1969. when lhe Legislature adopted legislation that restructured the IlIll>ellate court~. At that time. Albert P. IJrewer hlld succ(cded the late G~rnor Lurleen Burns \Yallnce as G~rnor. I hnd the privilege of $frving as legal advisor to Governor l,urleen Wllllllcc. and. upon her deilth. I w:u also privileged to continue to serve in that position In Covernor Brewer s administration. I dis· tinctly remember the day Justice Merrl11 and supreme court marshal lind librarian William Younger brought to the C~plt olprOI)()5Cd Icgisl;!tioll to incre3se the size of the supreme court and to cre· ate the courl of civil appeals and the court of criminallippeals. Justice 1>1errill and 1>lr. Younger asked Covernor Brewer to supporlthe legislation. and he did.

With Covernor Brewer's support, the Legislature subsequently adopted legislalion abolishing the AIllbama Court of Appeals, which had limited civil and criminlll jurisdiction. and replacing it with two appelilitc courts-the Alabama Court of Criminal Appeals ami the Aillbama Court of Civil Appeals. The court of criminal appeals was given exclusive appelllltt jurisdiction in all criminal cases." The court of civil appeals was given excl usive "Pllellate jurisdiction of specified civil cases InVOlving less thall $10.000. workers' compensation c.'5eS, domestic rellitiOr15 cues. "nd IIppeals from administrativt agencies except the Public Service Commission."

The bill increa$inll the number of Justices on the supreme court was introduced in the Legi!lature by then Senator C. C. ~Bo" Torbtrt. who W(luld Ilo on to be elected chid justice in 1976.

The Legislature al'proved the bill. and lhe 5upreme court grew from seven 1.0 nine member~ in 1969.'1 In September of lhat year. Covernor IJrewer appointed me to one of the two newly-created seilts on the supre"e court. and I was privileged to be a pllrt of rapid and expansive changes In III:lbama'$ judicin l system that soon followed.

Ilowell Heflin. lhe IOrmer president of the state bar. was elected chief justice in 1970. One of Chief JUitice Iicmn '~ favorite Initi~tives W<lSjudicial rdorm, IIml upon takln" oflict he led Ihe court and the state through a period of sub· stantial reform." Among the first major reforms to be accomplished ~'as the adoption of constitutional amendments 10 <lbolish the omce of ju~t lce of the P'!..ce" and to addreu the issues of disci· plinin" judges and judicial retirelTl(!nt."

The hillh·waler mark of judicial reform during the 19';'05 Wll!, without a doubt. the ratification of Amendment 328 to the Al"bama Constitution of 1901. Thill tl.mcndment adopted a new Article VI. known as the Judicial Article.

When the Legislature passed the Judicial Article Implementation Act." to implement the provisions of Amendment 328. sponsored, alllong others, by then Senator Torbert, most of the recommendations of the first Citizens' Conference on Alabama State Courn became the Itl.w. The one ma.ior exception wtl.S that Alllbamllstill had made no changes in the wily JUdgH were ~e lected .

What type of reforms were made by Ihe Judicial Arlicle? The Judicial Article merged Alabama's courts into the Unified Judicial System. of which the

chief ju~tice is the administrativt head.

The Judicial Article also made other major reforms. including ~ranting the supreme court the lIuthority to milke procedural rules for the court system.

The new judicial system In Alab.lma received rave reviews in ntwspapers throughoullhe nation." but It WIl5 not without problems. When Chief Justice Torbert came Into office after the 1976 election. he was faced with a serious fina.ncial crisis. II December 1977 article In Alabama Magazine di$Cussed some of the problems the new Unified Judicial System faced,l)Olntlng Qut th"t, "Torbert had scarcely pul on his judicia l robe for the first time before he learned that financially speaking the Court's cupbolud was bare.~ Despite Ihe bumps in Ihe rood. the adoption of Amendment 328 nnd the creation of the Unified Judicial System paved the way for additional reforms and judicial streamlining under Chief Justice Torbert, followed by Chief Justice Sonny Hornsby and Chief Justice Perry O. Hooper. Sr. In the 25 years since the Judicial Article was adopted. the supreme court hilS adopted the Rules of 1I1lI)ellate Procedure. the Hults 01 Civil l'rocedure. the Rules of Juvenile Procedure, the Hules of Judicial Administration. the

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Rules of Criminal Procedure, and the Rules of Evidence. The supreme court has alw adopted rules governing the conduct and disciplining of judgu and lawyl!rs. These include, among others, the Canons of Judicial I-:thics, the Rules of Procedure 0( the Judicial Inquiry Commission and the Hule.s of I'rofwiooal Conduct.

In additioo to the adoption of uniform rules of procedure and rults relathlg to the conduct of I~rs and judges. another imprOVtment .....as automation. which has made c.ase mllnllgemenl more effident and hM streamlined the juror system. The lIutOI'l\alion of the Unified Judicial System h:ls resulted in: (I ) a uniform CMe filing system : (2) centralized juror Imltlllgcmentthllt i1l1ows the rllr'ldom selectioll of prospective jurors through the use of the Administrlltive Omce of Courts' mainframe computer: (3) a system that allows judges to con· duct on·line legal research on per· sOllal eomputers in their omces: and (4) a system that allows clerks to keep accurllte and easily accessible records. Automation has helped make our courts more effident and has thus helped to ensure the timely disposition or disputes brought by the people of Alabama to their courlS for relQlution.

Yet another improvtment was the development of a system of continuing education for ju:lges :I11d judicial system employees. The Judicial College. a division of the Administrative Office of C(lUr15, provides continuing education for judges, court clerks, judicial assistants and other judicial system employees to ensure Ihe more uniform and effi cient dis"osition o( cases. There has ~Iso been a conscious effort to make the trial courts "U$er friendly, " by providin" prompt, efficient, and uni(orm judicial services.

Although the first 2S years of the Unified Judicial System hhve been overwhelmingly positive, there are two IIreas that I believe still need to be addressed. First. further restructuring would help the appellate courls to better manage their c3seloads and to work more efficiently. Over 20 years ago. durin" Chief Justice IIcnin's tenure, the National Center (or State Courts , ,,," ..n

. 1110

conducted II study of the appellate court system in Alabama and recommended some signifICant changes. l • Among them was tht recomme ndatlon that the supreme court be converted into what is known as a certiorarireview-only court, similar to the United Slates Suprenlf: Court in opera· lion. That is, the sU j:reme court would hear only those casei on certiorari review (rom decisions of the two courts o( appeals: it would not hear cases on direct appeal. Except (or legislation that allows the supreme court to deneclsome civil ca~t:$ to the court of civil appeals, and the addition of some judlles on the intermediate courts of appeal~. there hIlS been no appellate cou rt restructuring Jince the adoption of the Judicial Article.

The second main ~rea that J believe merits future consideration is the question of judicial ,e lection. The recommendation of Ihe Virsl Citizens' Conference Ihat Alabilmn mov~ lIway from the partisan selecl10n of judges 15 sti ll not implemented, despite further support for that recomnlendalion by two sub5equenl citi2ens' conferences."

Although these t....,o lIreas still deserve attention. there can be no question that the reforms implemented OYer the last 25 years have greatly imprOYed our judi. cial system. Hundred~ 0( individuals have nude those reforms r.ossible. including many distinguished lawyers, judges. I~g. isllliors, and citizens, too numerous 10 name. In my opinion. hQWi.'Ver. three deserve sJ)C(ial recognition: Chid Justice Heflin. Chief Justice Torbert and Justice Merrill. Without their leadership in the bar. in the Legislaturt. and on the court. our judicial system would probably be very different from the system we enjoy today. In fact. had il not been fo r Iheir dedic.lted leadership, the Unified Judicial System might vel)' well have not corne into being. and Ali1bamians would not be benefiting from a mOllern a.nd effici~nt judiciill $ystem.

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Introduction f.luch has been written, b)' this author and others. concerning judicial rdorm in Alabama. This article offers reneclions on those activities (rom one who pMticipaled in the process during 197 1- 1975, as di reclor l)f Ihe Judidal Conference activity which produced the five-year court plan for Alabllmll's courls (Jilnuary 1973-November 1973). as director for the Permanent Study Commission on Alabama's Judicial System. which joined the Constitutional Ilcvision Commission In prop05ing a new Judicial article to the l..egislature of the Stale of Alabama as an amendment 10 the Alab.~ma Constitution (September 1972...,.la)' 1974). and as di rector of the Advisory Commission on Judicial Article Implementation (June

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1974- May 1975). which compiled the imple. mentatiol'l legisl(ltion ror the Judic181 Article after it was ratified by the Alabama electorate on December 18, 1973.

Although this article will briefly cOnsider some of the effol'U undertaken 10 establish Ihe proper climate ror judicial reform in Alabama before 1971, the primary emphasiS htrtin will be to chronicle the reflectiON of this author conceming the ratification and implementation of the Judicial Article. Amendment 328 to Ihe Alabama Constitution. which serves I1S the current basis (or the Alab..lma Unified Judicial System (UJS).

because much of the data necessary (or accurate projections of re\'enue and expenditures, or court cost and fine availability realities, did not exist. ~;ven so, staff llttempted to respond to relluesU made of it and sincerely regrets the grid caused Chief Justice Torbert, thus requiring the masterful manner in which he handled the politic.'Il problems caused by the fiscal needs of the ms.

This article also recognizes the contribution of the many Alabamians who devoted their time and effort to create a judicial system from a non-system of courts of varied jurisdictions thai wue not subject to /lny centrali ~ed administration or acco\mtability. Th()u~h Chief Justice I lenin provided the m::ceSs,lry leadership, the reform IIcc()mpllshed would not hllve been l)Os~ib l e without the effort of the Alabama citizens who pilrt1cipated in the several conferences, committees and commissions. and the voting electorate, who sci2ed the oppor· tunity to estllblish an accountable struc· ture for judicial services in the slate.

The conclusion of this article will offer the iluthor's view of the benefits of the judicial reform effort and enumerate some of the problem$ of the old non-system which continue today and are deserving of current attention in contemporary Alabama..

Out: to p...sture?

Thi$ a.uthor reeogni!c! Ihllt then Chief Justice Howell T. J lemn Initililcd lhe 1971- 1975 Alabama judicial rdorm even prior to the lime he became chief justice. leading to II Ci ti ~ens' Conference on the Alabama Courts in 1966, later initialing lhe reform effort of the early 19105, and masterfully man· aging ill1 the pMlies ilnd interests essential to obtain court reform. The author also has tremendous appreciation for the effort! of Chief Justice C.C. " 130~ Torbert. the gentleman who succeeded Chicf Justice lien in, for responding to and solving problems encountered in the implementation. Chief Justice Torbert performed an outstanding ser· vice to the people of the Slate of I ..

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Alabama by assuring that the implemcntlltlon WIl$ lIChic\'Cd, among ot her thing! by solving the fis<:al problem~ resu lting from Inadequate data for projection purpose~ and by spearheading political concessions made to obtain ratification of the constitutional amendment and the implementation legislation. This author can. without qualification, assure. illl interested parties that ilny inilccuracy in revenue and expendi. ture factors relating to the implementation of the UJS was not intentional by anyone involved in the process.

Unfortunlltely, fiS('lll projeClion~ were required for implementation purposes which could not be based upon accurate data or firm fund receipt practices

Judicial Reform in Alabama Prior to 1971 Judicial services In the trial courts of the Stllte of Alabama prior to the reform of the 19705 were provided by circuit courl$, the trial court of general j\Jri~­ diction, equity courts, trial courts of limited Jurisdiction with varying types of criminal and civil j uri ~dict ion, justices of the peace, and municipal courts.

The trial court services av~ilab le to the l)Cople of the Siale of Alabama remained essentially unchanged from 1875 until the abolition of the justiCe! of the peace by constitut ional amendment in 1972.

OurinR this period, in an effort to meet the need for judicial services in cases not requiring the (ormality and expense of circuit procedures. courts of limited jurisdiction were establishtd in many,

but not all, counties of th~ state. II trial court survey, conducted by the Judicial Conference of Alabama in compiling II plan for modernization of Alabama courts in 1973, revealed Ulat there were 85 I1mit.ed jurisdiction tria l cou rts in Alabllma. apart from municipal and probate court.s. under 23 different names, each wilh varying jurisdiction and pro· cedure. Hence, rten II lawyer could not know, from county to county, Ihe proper or most oon veni~nt forum in which to presenla claim fo r relief.

Governor Emmet O'Neal cre:ned a commission to study judicial rdorm in 1912: however, it was 1'10 1 until 1973 Ihat comprehensive judicial reform occurred in the 5(ale of Alabama.

Governor O'Neal. ulili1.:ing the report of " committee he had appointed to study the issue of judic:i.\1 reform in Alabama, reported to the le~i5latu r e in 1915 on the lack of judicial administration and management. asserting thai "i n Alabama our whole judicial system hM "rown up without harmony, unity or Kienl lfic arrangement , each legisiliture creating different courts, until the whole system has become /I patchwork which now demands revi5ion and rd orm."1 Covernor O'Neal emphasized the need for cj)urt consolidation, rec· ommending that Jurisdiction of all lrial courts be consoli dilled, including some of the jurisdiction at Ihat time vested by slatute in the probate court. into one system of circuit courts.' The governor concluded his recommendations by urg· ing that the methiXIs of practice and procedure be simplified, citing the inef· fi cient and antiQu3ted methods of procedure and pr<lctic.e in use at thattime, The governor also acknowledged that the public deserved appropriate management of judicial resources and judi. cial management authority. This man· agement capability later became an important element of the reform of the 19705. In fact. although Covernor O'Neal's Commission recommended and the legislat ure conferred adminisw.tive and supervisory powers on the chie{ jus. lice, the support &"ff necessary to facili · tate the exercise of such authority was not provided It) tI~ chief justice until the 1 970~ when the Department of Court Hanagement and the Administrative Office of Courts were created.

The Alabama legislature did establish a Judiciary Advisol)' Council and a Commi5sion (or Judicial lMorm in 1955, These ent ities ,,!templed to implement procedural reform by producing new rules of practice and pleadin" in 1957: however, after an un sucC~55fu l initial effort to enact luch, the rules were ignored unlil 197 1. The proposed 1957 rules 'n'fre comparable to Ihe fed · eral rules. involving a merger of law and equity, simplified pleading, greater ust of discovery, liberal joinder of parties

and claims, with an emphasis on the use of summaI)' judgment and a closer Krutlny of the appellate process,' While the proposed simplificat ion of practice and proccd u ~e was not Implemented in the 19505, incrementll l changes occurred in the early 19605 when the legislature established a JuJicial Conference for the State of Alabama to conduct i1 continuing study of the administration of justice and to present reports to each regular $es.~ion of the legislalure recommending improvt·

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ments in judicial administration within the stnte.'

Howell T. Henin was elected Ilrcsident of the Alabamll State Bar in 1965 and inlTlxhu;ed national concepts of the slate courl refonn movement exisling lit that time. fhe American Judicature Society ~U llportcd cilir.ens路 court conferences throughout the United Stales, providing 1m opportunity fo r person$ (rom the various states who were hlterested in judicial reform to meet and create the (Ipproprillle climate for judi. d al reform, with both lay persons and professiollals in\'olved in the process.

The first Citizens' Conference on St,l!e Courts was held in Alilbamil in t966 ,md is looked upon by mDny as the

starting point fo r the judid,ll ref(lrm of the 19705. The 1966Citizcns' COllfcrellcc recommtnded the crclltion or /I judicial administrative ornce, the lloolition of the offi ce of the justice of the peace. II uniform statewide system or limited jurisdiction trilll cou rts, merit selection of judges. and an independent judidal commission (or discipl ine and remllv!!1of judges. All of these recommendaliM~ except merit $election of judge~ later occurred during the 19705: however, there were no immediate changes resul ting (rom the 1966 Conference.

The 1967 AI(lbama legislature considered creating a Constitution Hevision Commission to recommend procedures

for revising the 1901 Comlitution, The resolution called (or a Joint 1路louseSenate C()nstitutional Hevision CommiltH. fhe resolution re~ulted in a committee of SiKpersons being desig. nated to I'eview the generll problem of constitutional revision.' Governor Lurleen Wallace was not receptive to comprehensive revision 01 the Constitution: however, in 1969, Covunor Albert Brewer endoued Ihe idea of ve.. ting .. constitution<ll commission ,lnd the AI .. bama Constitutional Commiuion' wa~ treated in September 1969. The Commission, chaired by Judge Conrad H. II()wler of Shelby County, worked tirelessly fo rmulating a proposed Constitution (or the state.

"Iowell T, Benin was elected Chief Justice of the Supreme Court of Alabama in 1970 and, shortly thereafter, sought legisl"lion establishing a dep"rtmcnt of court management 10 "id the chief j u ~t ice in the management of the judicial branch of government. He also promoted legisilltion that would give the sUllreme court authority to I)romulgate rules or pleading and practice. as well as the authority to establish rules or appellate procedure and practice. and the creation of a permanent commission to study the system of justice in Alab'lma. Additionally, he sought two constitutional amendments: one abol路 i~hinl:! the impeachment method or removing judges, and establishing a ;udidlll c(lm mi ~~i(l11 til serve ,IS an independent commission with Iluthority to censure, discipline, and retire or remove judges found guilty or misconduct in office/and the other abolishing the office of justice orthe peace,'

Judicial Reform in Alabama, 1971- 1975

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The chief justice directed the Jlldiciill Conference to comider the judicial article formulated by the Con.titutional Commi~~iol'l ill 1971. f he olllloing Constitutional Commission activity. and mobilization of the Judicial Confe rence

by Chic{ Justice Henin, created an awareness by leadership throughout Alabama thnt jlldicial reform justified political attention. The 191 1 Alabama ICllisl(llure hild illS{), ill !-Ienin's request . crcatetl the Permanent Study

Commission on Alabama's Judicial System,' In the org.1nizing statute, the legislature required that the Study Commission continually study the judi. cial system of the stale, the administra· tion of justice in Alabama, including criminal rchabilitlltion lind punishment. and 811 other mtltteu related directly or indirectly to the administration of justice in Alab.1ma, The Commission was ~pecifically authorized to apply for and receiVf grants to COOrdinate and facili· tate studies in connection with its pur· pose and functi ons.

The Study Commission obtained a grant from the Alabama Law Enforcement Plllnning Ageflcy to facilitate its operation," The Study Commission is composed of six memo bers of the I-louse of I~epresentatlves, six mcmbers of the state Senate. the memo bers of lhe Judicial Conference, the Lieutenant Covernor. the Speaker of the I lou~e of Ilellrc5cntativc5, the leAal adviser to the Ccr.ernor, and a member of the staff of the Attorney Ceneral, appointed by the Attorney GeneraL" The Chief Justice of the Suprtmt Court of Alabama is desigmted by the statute as chairman o( the Commission lind is authorized to appoint lmd dismiss employees (or the Commission as may be necess.1ry fo r Commission purposes, Chie( Ju ~tice I-lenin appointed the author of thi5 art ide \0 serve as director of the Study COll1rl'1ission. The Study Commission maintained offices at the Cumberland School of I.aw, Samford University, during the several years required for Commission activity in support o( the ratification and implementa· tion of the proposed judicial article.

The chief justice organized the Commission into ~ommittees of four to six pcnons, with fach committee being rHp0ll5ibie for consideration of one or the variou~ llTobtems within the tOpiclll arta o( commitlee responsibility. The committees' resp()!\sibililies incl\lded the availability of law books for members of the judiciary, defense of indio gents, judicial compensation. criminal pleas. physical facilities for the appellate courts, a unified court system. the cost of administration of the justice system, and bail bond practices, The Judicial Conference Committee of the Study Commission became very active In the formulati on of II compre-

henslVf plan for Alabzma'sjudicial system, Consultants wert used for this study to both detwllu'c the specifics of the judicial and administratiVf activity within the state and define the current problems in the system to seek to obtain the maximum benefit from all available resources, The study comid· ered the current and projected judicial system under a unifieJ structure ns pro1)(Iled by the Con~tilutional Commission judicial article. Including court services, prOjeclltorlat services, defense services. and law rdorm, Obviously. the law reform segment of tht study was dependent to a large extent upon recommendations lhllt would be made in the other three areas, The four-point study w nducted by the Judicial Conference not only Included projected pmgrillnslllld recommendations fo r improvement of the system btll also provided fo r a description of legistation Ihllt woutd be necessary (or implementation, Ultimately, the results of the court study, called the Five-Year Plan for Alabama's Judicial System, .....ere completed during 1973 and served as the basis for the initiation of reform drorts and Arant fund nJt (or thost efforlS. which resulted in the unifica· tlon o( the At",bama judicial structure.

As previously mentioned, Chief Justice I lenin hbd sought to establish a means other than impeachment fo r di ~ · cipline and removal of judges, 5implification and improvement of practice and procedures in the COUlts of Alabama, abolition of the office of justice of the peace, and an administrative structure (or a judicial system to offer improved judicial services to lhe people of Alabama. Each of these siJ{nificant reform activities will be briefly discussed prior to dl~c us~ ion of the proposed judicl<ll article.

states had used the impeachment proce· dure against a member of the judiciary within the previous 15 years," The constitutionill amendment creating the Judicial Commission of Alabama" ....'as ratified by the people of Alabama in Janu;"ry 1972. The Commission Wil5 authorized to investigate and conduct hearings concerning the qualification of judges. and m<lke rccomlmndatioll$ to the Alabama Supreme Court in regard to the retirement. censu re, suspenSion or removal of any judge (rom the supreme court. municipal courls or other courts of record.

The constilutio",11 amendment creating 1M Judiciat Commission of Alab.lma required the Judicial Confer~ nce Committee of tilC Permanent Study Commission to promulgate the rules of procedure to be used by the judicial disci· plinary commission, The Judicial Conference met in July 1972 and com· piled rules which were utilized by Ihe Judiciat Commission to meet its cOllstitutional mandate. The Judicial Commission WII$ a One-tier commiuioo which both Investigated alleged improprieties of judi·

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cial persons and, if cause was found to hold formal heMings, held the necess,lr)' hearin~ to determine whether S<.l nctions should be rtcommcl'lded to the $uprcme court. TIlis system. based upol'l nurney· OU$ other stllte~' ~tructu res operllting /It the time, was changed by the judicia] article ultimately prol>osed to the legislature in 1973, /lnd ratified by the people, to have the judidaJ discipline function performed by a two-tier structure, composed of the ludicial lnquiry Commission" and the Court of the llidiciary." The l(ldiciallnqlliry Commission investig.llCS complainl~ ag,linsl judges and justices nnd, where ~l u~e Is found to requi re hi'arll'lg, files charges with the Court of the Judiciary. "

Hule-Making Power lu noted illfro in this nrticle, the need

for modern and effeclive rules of procedure for trial and appellate cases had been recognized for many years prior to 1971 . The Alabama legislature conferred rule-making power u[)On the Supreme COllrl of Alabam~ for both triill ilnd

appellate practice in 1971." This all thor understands that an arlide will by Judge James O. !-Ialcy will ~ppear in a forthcomil'll:! is~ue of Thll Alabama IAU'.qer conceming the authority to promulgate rules of practice and p(ocedu~e lind how such has been used by the Alabama Supreme Court. Therefore, additional information regarding same "'it! not be offered herein except to applaud the con· structive errect of Judge Haley and the ildvisory committees of outslandinij Alabama lawyer5, judi/es and law p rofe~­ SQrs who, have seMd the judicial wslem of the State of AI"bama by their consci· entious and tireless ({forts, which are ongoing at this time, to both recommend and rcnder current the procedure for use in our state courts,

Abolition of the Justice of the Peace The 1971 Alabama legislature also proposed a constitutional amendment which provided for the abolition of the offi ce of justice of lhe peace and

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notilries Pllblic with Ihe p()Wer imd jurisdiction of a jLlstice of the ~ace. I' The ;,mendment was approved in January 1972, aboll~hlng the office of the Justice of the peace and eliminating the outdated office which hlld cllused the entire judicial system to be subject. ed to public ridicule, The ree system method of justice of the p~ace compen· sation was a primary ba5is fo r criticism of the offi ce, and most pmol15 serving in th ~ t office were not licensed to practice law. A large number of appeals were tllken from lhe jU$tice of the pellct courts lind tried de 110110 on apPcIII. The Alabama Constitution of 1901 and complementary legislation ~rmit ­ ted counties to establish courts of limit· ed jurisdiction in lieu of justices of the peace. ~'urth er, in response to the needs of th05e counties with no courts of limited triill jl1risdiction to handle mailers previously within the jurisdiction of the justice of lhe peace, the 1971legis1;Iture provided for the u tabtishlnent of a court of limited jurisdiction called the Justice CourL The Justice Court ! egi ~ llI ­ lion was pcrmissiVf; however, if a county established a Justice Court, the judge appointed for lhllt courl "'iI S required to be "learned in the law."" Further, the compensation of the judge sitting for such a Justice Court would be by fixed salary and nol fee5 created by judicial bllsiness condllcted.

The abolition of the office of the jusli c~ of the pe~ce lind the enabling legislation allowing creation of the Ju.llice Court were improvements. but were only incremental stcl)S towlu'd the needed reform of couru of limited jurisdiction in Alabama.

All limited jurisdiction trial courts, other than muniCipal and probate courts, were ultimately abolished by implementation of the judicial article, which will be discussed infra. and were replaced by the District Courl of Alabama.

Department of Court Management The 1971 Alabama legislature created the Department of Court f.tanagemel1t (DCM).'" The DCM was specifically charged with aSSisting the Chief Justice of the Supreme Courl of Alabama in carrying out his duties a5 the chid administr~ t iv~ officer of the triill courts

of lhe state." The 001 commenced operation in Novtmber 1971. when Chief Justice Heflin appointed II court administrator. Ch.ules Y. Cameron. esq.

The fi rst administrative duties per· fo rmed Incl\lded assigning judges to vnriou! state appe llate courts In order to elimi nate conQestion In case backlog.

The operation! of the dep.1rtment were limited because the legisl<llive appropri· ations for the first two yellrs of its exis· tence were only S50.000 per year.

Ilence, lhe court administrator applied for grants nnd other assistance, pu r~ua nt to statutory authority granted to the department.

The (lrsl grant ~wardcd to the DOl financed a study of the trial courts of the state with Ihe major objcctive being to eliminate court congestion. As an example of the DCr-I's SUCCe5$ during Ihe fi rst two )!C:!fS of ollerlllion.

5tatewicle statistiCJ were compiled and anal~ed and seMd as a b:'l5is for judi. cial assignments to aid with court congestion. Between January I. 1972. lind June 30 of Ihllt year, a seven percent reduction in Ihe backlog of cases w:!s reported for the circuit courts of AlabMla." Chief Justice Heflin. llidcd by lhe administrative capability provided by the OCf.1. app li ~d sound manage· ment principles to the judicial business of Alabamll for the first time. II non·sys· tem was becoming a $y!tem.

The Constitutional Basis for the Judicial Branch of Government Proposed in 1973 Chief Justice Hemn caused a second Cit izcns' ConfeteflCe on Alabama's State Courts to convene in 8irmingham, April 5-7. 1973. a mere month before the 19731egislalure would convene. The Second Citizens' Conference recogflized the improvements made in the manner in which judicial $crviccs were offered to the people of Alabama in the previous two )'fars alld. following a presentation

by Constitutional Commission Chairman Judge Conrad M. Fowler. urAed the legislature to allow the voters

of the s\Jlte to determine Ihe fate of the proposed judicial article. which would offer a oosis for a unified judicial system with centralized budgeting and managemcnt capabilities and improve the jurisdlctlon!!1 structure for the trial court syslem throulthout the slMe. Chief Justice Hemn. Ihrough f.like House.

Robert f.l:utin. Senator Stewart O·Bannon. Representatives Ronnie Flippo and Bob I-fill. O!/ld many other public spirited Alabamians caused the proposed judicial article 10 be approved by the leltislatu re and ral ;(led by the people.

One should recognize. however, that the judicial article, as proposed to the legislature. provided, filter alia. a court of appeals. a cC)ntinuation of the circuit court of Alabama as the Irial cC)urt C)f general jurisdict ion. a trial courl of lim· ited Jurisdiction to be known ns the district court. lInd a Il rob~te CalIrI. The district court, u proposed. would have replaced all existing trial courts of limited jurisdiction including municipal courts. The proposed ~rlicle also required Ihat all judges be licensed 10 Ilractice law, created a Judicial COlllpen5:1tion Commission. provided (or a unit:!ry and centralized judicial budget. provided for rule-making authority in the supreme court, created a nominating committee for appoint. ment of judges 10 fill vacancies, and established a Judicial In(lulry Commission Ilnd Court of the Judlci<lry.... Numerous political chnnges were necessary to gain legislative approval. The primal')' changes which occurred during the legislative proce~~ ",'ere: I. The intermediate courU ofappelil. the cou rt of crimina! /lPtleals and the CO\l rt of civil arpeals. were given constitutional status liS separate cnt itles; 2. The merit selection of judges was rcmoved from the proposed amendment. leaving the election melhod of state judges as the constitution:!l· Iy acceptr:d methodoloJ{y, unle55 subject to other constitution<ll provisions; :!nd.

3. The municipalities were allowed to exercist tht: option 10 retain their separate courts or come within the district courl syslem.

The proposed judicial article WM approved by the 1'lou$C of Representatives lifter having first been approved by the Senate. Stiff work by Mike HOllse :!nd others facilitated the prepar<ltion of the bill for signing In <10 ext raordinarily short period of time. In fact. the bill was approved approximately 15 minutes before the close of the session and staff h;l.d previously pre· pared leVeral different versions of the bi11 to facilitate conforming such 10 the adopted bl11. This III1Qwed I{cpresentatlve Ronnie FlipllO ;md Scnator O'Bannon to obtain the signa· tures of the Lieutenant Co\ernor and the Speaker of the House mere minutes before lhe session closed.

Ratification and Implementation of the Judicial Article The proposed judicial article was ratio fied by the people of the State of Alaooma on December 18, 1973. Only

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! ! 8.449 voters participated in the refer· endum; however. the propo$[ll was ratio fied by 11 62.1 percent majority of those voting. Chief Justice lIenin then appoil\led a 55·petson commission, the Advisory Commission on Judicilll Article Implementation. to propose the manner in which the United Judicial S),stem would be created. The Advisory Commission wa. created by order of the chief justice in April 1974. The Commission. representing the courts, clerks. rtgister$, district IIttorneys, lawyers, and members of the legislature and local government. was charged with the mandate to draft the policy recom· mendations and legislation to implement the newly ratified Judicial Article.

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by Joseph F. Johnston from Bitrllingharll, and this /Iuthor hlld the privilege to serve liS full ·lime stllff director. on leave from Samford University. during the yellr the Commission was operational.

The Commission received funding through grants to the DeM from the Alabama l";lw Enforcement Planning Agency (At EPA) to consider and mnke the detailed policy recommendations necessary to implement the revised Judicial Mticle of the Alabama Constitution. Hobert "130" Davis ;l!ld John Will Caylor of the ALEPA were extremely helpful throughout the judi· cial reform process. Identifying grlmt funding which would allow necessary sludy and survey activity. The Law

Enforcement Assistance Administration (LEM) also furnished discretionary funds as necessary 10 pro\"id~ the COnS(lltar'lts (lnct study effort to facilitate a basis fo r Advisory Commission activity.

Specifically. William B. lierndorl of the LEM joined f>lessrs. lJavis and Caylor in tnking a special interest in assuring availability of the necessary grant funding to allow the Commiss'on to respond properly to the charge given il by the chief justice.

The Commission held ils first meeting June 23-25, 1974 lIrtd conducted a careful an(llysis and (Ipprai~1 (If the problems anticiP<lted in the implementation proces~ arld di~cussed possible M1lutions therefor. Ultimately. the Commission was orgallized into four working committees subsequent to the June meeting to facil i· tate careful study and formulation of prel iminary recommendations with respect to the mi\ior polk} decisions that W()uld be required for Judicial Article ;mplementiltion: district court organization, replacing courts of Ilmit~d jurisdiction throughout the state with a limited jutisdiction district court Mruclure; municipal courts and court·related agencie~; court l>ersonnelllnd administration; lind fiscal and budgetary matters. A fifth committee addressing prosecutoria) services was subsequently appointed. and an interim committee was organir.ed to draft final recommend(ltions in scw:ral crucial areas. l t The Commission held extensive meetings (I*~ir'l irl October and November 1974. and a final meeting in February 1975. The committees, however, met frequent!)' during this period. The staff of the Commission and their consul· t/lIltS and advisers met with the committees for each of ten weekends over a three-month period. The attendance of all meetings of both the full Commission and the commiltee5 wa~ rem'lTkably dose to 100 percent, with all members participating actively and con~dcn tlou5Iy. There was continuou$ cornrnunicatiorl amOng members IlIld $taff. The relXlrt, trnnsmilled to the leg.

Islature Orl M:rrch 28. 1975. could not have been completed without the vast amount of competent work by the consul tants and the staff furnished by the DCM. Every problem identified by the Commission wa5 carefully considered and the recommendatiOn! offered to the

Advisory Commission Committee Structure DlsUlct COUr! O,ganillition Comminea ~ Wllhll!l

ti l...,,:rlorl. c/IIII!rI8II. tAnl" Judge Paul ~ MobIle Judge CoNId 1.1 10\'01II, Cok.omtMInII JWge f\oboIl Gwm, Sl'mrngllam JuOga James 0 1I0ltry 8ilmll'llhlm tillloid Hefllng, . " OHlty, H\lnlJV,ilo RobItt 1.1 HIli. JI. 111(1....,.. FIor.ntll [.1 ~, dIlI1ll;lI'lOl'M\'. a.~ J8InQ l NonII. 11101nty B'lmll'lQhill!l J Adwroond Pe!lfJQn, 1110l1Il1. B,mung/111!1 fl6d B S,mpson. dlltll(\ DlIOII"IOI'. H~UVltIB Judge W,II/all'l C SOIl IVIIII. rlll~ CIIoo 0 Tuoue. C~CUI\ clelk, Dee;!111l JuIIOI..Ie!!v~, llIX\III"IbIa MI'fOII WIIU. 'II01nty. Teilldlgl

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JuOge Belll8<11 A8'f!IOId', ellllllmm, SIIIIJl;I JI/doU WllblIl E [}gIllMatI, Ch8111n1Ui. Judic;I., $ubconvnitl", lr/1"IIllon MaIy AIlburIln. cwcuot till'" Manon Carl Bur, .norney. MorI~Y

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J.- K Dltthuek. .1101".,." T.nalooNl JIJdva Mort (tell, Bullel Ronnie flIppO, Cll1Itll!d publIC 1IC:ourIIMl flO/ene.

Tunolt1\' 1.1 ~. &Ilorney, ~ JutI9I Hallilo Kimbrllllgh, Glove!M Eall MCilIfI"I. d,5!'1C1attOlntl'/. B"mlng~ fred B SImpson, dl5UIC! .1101""", HI.n!J'il11iI l.wIIV dlllflCt Ittorney, £1l1li .NcIgI JIcl. W.UIICt. et.yIOIl John D Wht!,,~. clwlClOI. D,.111C! A1I0IntyI'

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legislature renecttd a thoroughly studied consensus. The Commission re[)Ort cont aine~ 66 recommend<ltlon~ which tre~ lc~ matters ranging from court orl,lani7~lti on to pre·filing fees and uni· form CO-.JTt costs to De effective when the state assumcd the cost of judicilll services pTl'V iously paid by the countin.

The imlliementation lellislation lhat was offered to implem~nt the policy rccom· mc n~lltiolls exceeded 200 pages,The most glarirlg of the political compromises nectsSllry to obtain lellislativt ~pprovill of the 1973 Judic;~1 Artide was the removill of merit setection of judlles from the proposed constitution,1I amendment. The p.lrtisan election of judges in Alaooma continues to be II problu!', lind will be the primary thrust of the following section of this article.

Judicial Reform in Alabama: Where Do We Go from Here?

The UJS in Al~b~ma hilS been successful bec~use dedicated staff and leader·

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Municipal Courts and Court·Relll1ed Agencies IlftvlCll Himll1or\,~. Bl~, 1.101'100II*'1' J Muon o,w". 111(Wney, II4mwlgham MIIIn. DOOd.lllot8)W oIl.:sw, h"lliV1'I Roget Killian. Dllome.,., fOil Peyno 1.1 Rolarld N<1C:I\meo, J" 8110111&\'. MonlO'Ql1t1'f Judgf Gordon Rostn, ToIClkIota Judge T,ed Scott. Gr_U. £ ~ Sczvvg., Wall! tltR. RuAe!1Yo11a Judge JeMit., M SmIr!IwooI\, ~'mlroglwn DIllin 'MUM, 11I0IM\', SIImlngt"", JoM 0 Wtietllone, dlteclOl, O" l,;CI AliolrI/V" Alsot'81lon, MQI'Itl/OOlt!'j James WIlson. auOl!IIY. Jail*' Judge Ii Ros1 BIll, .. DflIOIJ. Bull'lll'{llllm

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ship throughoul Ihe slate Ila\'e made It SQ, The primary change in the manner in which Ju d icl~1 services ~ re offered. as n generality, is slmllJy thut the UJS is a "system," whereas judicial services were offered by It noo·s~Iem prior to Ihe constitutional reform which occ... rred durinil1971- J975, The mllnaltemenl structure, with the chi~ f jusUce :u the a~mi!1i5Ir~lille head of the system,lInd an administratille offi ce to implement administrative ~ecisi ons, provides ~ basis for an accountable system which is subject 10 m.:m~lIemmt iln~ accountability to the extcnllhal ilny politica l brilllch of government 15 m~nageable.

The actuality of the cost of the system ~nd its performance is amenable 10 determination , which \'tIC! not possible prior to judiciill reform, A$mcinte Justice Hu, h r.1addox of the Alab<lm<l Supreme Court reported on the Third Citizens' Conference on 1\lab:imli Stille Court s in July 1995.Justice Maddox's article offers an histor· ical account of how the Third Citizens' Confcrence on Alllb<lma'~ Cou rts was conceptualized lind cQlwencd, with the fi rst meeting being hel~ on Harch 23.

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1995. ~'ormer Governor Albert I~ Brewer ~ n~ the I~te Associate Justice Oscar W. Adams co-chaired the Conference. The Conference hel~ four (or1'l\:l1 mcetings and, subsequent to those meetings, flied its report with Chief Justice Perry O. Hooper, Jr, and Alabamll Stllte 11.1r PrC5;~ent W~rren B. Lightfoot. addressIng i ~s ue~ relaling 10 revi~ion of lhe Canons of Judicilll Ethics, Selection of Judges 10 Fill Vacancies an~ Selection of Judges fOr New Terms. The Alabama Supreme Court hll5 ;addressed the revision to the Ju~ici<ll C~ non 5 that w~s recommended: however, the second an~ t hir~ or the Conference rccommendiltions continue to require IIction, namely, the selection of judges both to fill vacanciu and to enter into new terms of ju~ icia l office, The$e issues have surfa ced in prior Citi zens' Conferences ~lld during delib· e r~ti o ns of the Permanent Study Commission on Alabama's Judicial System in 1972. llence, the portions of the report of the Third Citizens' Conference on Alllbama st"tc courts rel"ting to nillngju~icilli v"candes ~nd selection of judges for new terms are MAY I we

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offered in 1010. The Third Citizens' Conference recommended as follows: Selection of Judve. to Fill Vecencle.

After extended tli$CUMion the conferees adopted" rttommendation that vac.,ncles occurring during the term of offi ce of appellate judges should be filled by appointmcnt of the governor from nomi· nces submitted by a judicial nomination commission to be composed of nine members. 5i)( of whom \\'OOld be lay members: one lay member allPOinted by the "owrnor. one lay Illember appointed by the lieutcn.ln: gOV\!n\(Ir. Or'lf' 1:1Y n'\em· ber appolnttotJ b)' the speaker oftht house: two memix:I1I1A'Ointed by the lJoard ol H:tr Commiuioners of the Alabal'l\Il Stllte Bar, one of whom must be a lay member: two members appointed by the Alab.1ma Lawyers Association. one of whom mllst be a II\)' member. and two members appointed by the Women's Section of the Alab"m., State Ibr, one of whom mu.~t be a II\)' member. !rthe g~ rnor fails to act on the appointment within 60 daY' after the names of the nominCtl are submitted

to the governor. the Commission will haw the power to IIppoint.

The Conference further recommend. cd that vacancies in trial court judge· ships occurring dUTing the term of office would conti nue to be filled by appointment of the governor. Individl,Jal circuits shol,Jld have the option to estab· lish nominatinll commissions by local ICJlisliltion providing fOr the composi . tion and selection o{ each circuit's judi· clal nomina t in~ commission lind in5ur· in~ minority and female rCI)resentat ion. ~:ach such commisson should actively Slek minorit)' and fe male applicants (or the judicial vacanciES to be filled .

Selection of Judge. for Hew Terms

At its meetin~ on June 22. 1995. the Conference del ibc rat~d the method of ~ Jcctlon of judgc5 (or Ill'W terms of omc~. 1\w prClp<».1!s wert 5ubmltted for consideration. N. R. Nachmnn. II r-1ont~omery attorney. proposed that the Conference rt<:ommmd the merit Slleclion method of select i n~ appellate Judges for each new term of office. The judges J

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would be appointed b)' the governor from a list of nominees submitted by a judicial nomination commission with a retention election at the end 0( each term, Circuit Judge Kenneth 0, Simon of Jefferson County offered a substitute proposal that the Conference re(ommend the Mlection of judge5 for each new term of office for both tlppellate and trial courts by nonlXlr· tis.1n election. After extensive deb.1te and discussion the Confere nce adopted the Simon resolution recommending the selection of judges for each new term of office for both appellate and trial coorts by nonparli$lln election.The fo relloing two recommendations of the Th ird Citizcn$' Conference :'LTe consistent with di$Cuuions concerning the selection of judges that have occurred In the State of AIHbama since the Citizens' Conference of 1966.

Conclusion Judicial reform requires perseverance.

The persons and entities that would be adversely affected by reform efforts mU5t be wi lling to $olCrifice penon.,' interest

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lind lake a brooder view supporting the continued lmprovemenl of lhe quality of legalservicts in Alab.lma. There is lillie doubt. in the Judwnenl of this iluthor.

Ihlll the judicial reform efforts during 197 1- 1975 WHe successful because of the leadership and staff ....,orkin~ so dili· gently to assure the implClllcnt<ltion of Ihe improved court org.,ni7.alion, more c(ficient praclices and procedurc~ in the courts of Alab.lmll. and the m..1nagement capability which ~c.lme a realily after ralification of the current constitutional basis for the judicl.,1 branch of government In the State of Alabama.

There is. ns always. much left 10 be done. The most important of the sug· gested reforms which coutd not be politi. cally accomplished during the 19705 is, in Ihe opinion of this (mlhor. to move away from the jN1rtisan poliliclil ~e l cction of judJ{cs to ei ther a nonpartiSllI\ elW Ion or some form of a full merit selection of judges. Certllinly. following the rocom· mcnti.:ltiOl'ls of Ihe Third Citizens' Conference for bolh filling vacancies in judicial office and lelecting judges for new terms would be II tremendous improvement and, It is ho~d. will become a reality in Alabama at some time in the near future. Th ~ recOmmen· dation relating to seltclion of judJ{es for nt'W terms could Ix implemented by lell' i~ latj on consistent with the currer,t Judicial Article." The recommendation relMing to filling vacancies ....,ould require a constitutional amendment to make nomirlllling commissions available to all j udi ci~1 ci rCUits within the state.

Concerns regarding Lhe bifurcated nature of the district and circuit court jurisdiction should 1I1so be considered for potential reform. A unification of Ihe judicial services offered by Ihe court of limited jurisdiction, the district court, and the courl of general trilll court jurisdic.tion, the circuit court, would allow usignment of judges within the one·tier court system created by such a merger. A merg~r of these 1....'Q courts is.

In the opinion of Ihls writer. highly desi rable and Justified by the increased management capability :lIld simpl ifica· tion of appeals which might be taken from trial cases 10 the appropriate court of appeals. Admittedly, ho\\'fwr, the prl· ority as offered in Ihis conclusion, rec· ogni llngjudic.ial stlection as the l)rlm:lry problell'l whic.h future reform efforts

$hould address. is th ~ hlghcst priority which this author would suggest.

Vuture judicial reform erfor~ will occur when the bar, b~nch and nOn· lawyer leadership work together to improvt lhe manner in which judicial SCIVic.es art furnished to Ihe people of Alabama. The Alab.lma Supreme Court has the Permanenl Siudy Commission on Alabama's Judicial Syslem ~nd Ihe Administrative Offlce of the Courts to furnish SIlIff and conduct studiu neces· sary 10 offer the appropriate legi$llllion to implement the recommendations of th~ Third Ci tir,cns' Conference. Nonlawyer supporl continues to be needed to :lid the bench and bar In an ongoing effort to Improve the UJS of Alabama for the new millennium.

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oNdlelafy "~Ctd lilt JI;r:Iklal Commltalon 01 Alabaml" .."1II1t1ltd In 1171 2. An "lIll1... ,rW)l'l 01 lilt 1*_...tIo conlrblted IhW '''''' lor MYItory CommlMion ..:rMry wli be lilund ,II.. lilt t/lllIIDI" ollhlo trllc;lt ".,. '01' ,., 01 Advltofy COmmilalon o1l .. ed

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try 1111 cottlttllU.. orglollll1011 uwd 10r tludY 1M rlPO'rltlg purpotH 25. 1175 All Aclt 1205 Thl &jIIdflel, 01l1li 1I'II~I"'on Acl .. , OU1tlClt 1hI(hto,1I' oHtn Nt lUIhOI' try 1M AIM:IiImrt t....,... One ~ _ ShoNa. °The ""lIMIt ElI*~O¥.. thI P..t Ft....'l'IN...

N rsrs,J. 11111071). and.

Mltc:hlll. °Thl JudIt\II "'1Ic;1t Impltmtnl&Uo!I Act' 31 AIIt.Llw. 31 (lQQ7) . .ilIUctJorM L. Shortt o1!t,.a l1li wnmlnll willch ... '.... ba~ lor htr ·AIIba .... E'I*~' .. t~ tl1ht Nf.tioIIII College 011ht Srtle JucIII;Ioory. lrod NtcI WI1chlll _ "" tWill penon dtt/grlllId by ... 0Ct.11O _k...", thlluthol' 01 Ihit II dt;lldUllng IhI _ .. 04 rill Ad'o1to!y CommltMol KIMIy, Thl

·.t

t,..

.. lldIIo1* Irwelll' M:",ltlIc1Df\hl ~I Ar'~ ,lui*' try IhI Aitn.m.tltetOrtt.lnd I IUllul'llry 01l1li JudIl;III "'111;11 Impitrr4nllliorl Act

Endnotes 1 R'l!OIl on Joolelal Relarm In Allbaml 2t. I',IQ. mil*, 10 Irw AAobamfi A.cIll'llnltrrltt.e Dnte. 01 rhl COurIt (1_). CIting 0-,,11._ 011ht l~IUI' 01 AItbt"'1 \815. LV

2. kI.12. rd.•131. ~ . Id 1132 S. kI. II 3~ • 1Me All Aclt 7».

7, ALA. CONST emend '17 ICtOII'IplIt* !hit 1I.1t' 3.

a 8

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/>u., CONST•• ",.nd. 323 ,bOIhlhtd IrwOll\c4 01 JullJ" 01 rhl "'Iet In Allblm.

I '7 I All Acll 2331. COOII\t<lIl AI.I. em. tit 5. f 313 II 22) - (1:1(1) (1140) (~ICO"'"' leu) ISUIlllo 1871)

1II Trw Sillily ComII'IItIIon obIIlMd I QI ....r I,om Iht Alal)fml Lew Entore_1 PlaMIng AlIrq on FtbI'lIII'Y 1871 . In trw ,mOllnl 01 $SUAI ro

I'.

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ot operlllon.

COle. 'Joolelal Relorm In Alabam. A $lit......,.• ( Q;mb .S- L Rw. ( I

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I I AI.o COcM U 13. , '73(121) (1140) IRIKOIIII;I. lost) (SuPl'. 1171)

12 SM COle. I~P!l nor. II , .r 42.

13. ALA. CONST Imlnd. 311 U ALA-CONST 111.1. , I ~ IS ALA.CONST 111. ' . f 157 16 s.. COle. '~. Rlm"",1 lit hOlllurloII 01 AllbII.,.. ....... ltll.' 5 CI.mIt.&.... I.-Rt<'. 21.

II 87(),T,. llticlt 011"1 I" NpIIoN01lOI'I 01 thl dlKlplfM tl'd ..movJl proctMtt prior IMIUb· lIIQ\III1r to ALA. CONST. IlIlnd. 326 ,rid '''' hnlltlonl l ,~ ... oillroc:td~ .. Ipptle.tM to Iutll.

17 AI.I CcW t 11 (2)(111(0) t~Oft\II l'se) ~,

tit.".

1171)

II ALA.CONST .mlnd 3n III AI.I em.UlIl. ' (Supp lorl} 20ldlrto 21 Id.

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sa

27

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YlWlCilt OCCUttlng In IllY ludlclll orlte. If1 Jtlft,1IO!'I C/)ooly wi be IlItd I I tl(7W proyI(ItcItry 1I!IInd. mtnlll3 and 110 10 thl COIIaliMicn 01 Alabtml 01 11101 lrod ¥ICAACiM OC:CUf'1ng If1 ShtIb): MIIIIton.

WIICOtt. t.ron!Ot, ConecuII. Cllr1it. WIINr\g1OII. HIfwy. E_II. W.... T.III~. f'IeIr.tnI. 0....,.. lIN;lloott. lrod 51. CIIl! ~tltt tIId bot IliIId .. provIdtd In 1/11 ~.tlU~ 011101 wtlh

Imtn<lmtnlt now or '.,tllI.. ~tlld , or It mlY "" ollltrwlH ..lablltllld iN I Pl'OI*tt ilMrtlttd Ina ",*IIId Ioctllew A}I.IdQI. O\lltr I!-.n I probite }I.IdQI. appOIn1lll1O III. YiWIq'. 111',1 .......... tnI. .... ..m ""ring WlUiIht Ih1 MOr'ICItf 11* IN _ . ond n..day In .r.nu..y ~ !hi filii! QlflllII IIIId III .. hi hit wnple1tC1_ Y'" If1 ol1lee. AI tuCh tltt:1Ion tuelI judll;laj olin tlltl be IIIIId Iar I luR rtrm 01 omc. bIIIlnnlr", It thl end 01 Iht tf)I)OIrt1lll t.!'II

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It Was AhA;at Power and

Ju:dieiaJ I.depe."eae,e

By Robert A. Marlill Armed wilh a passionate belief In "business-type supervision of the business operations of tht courlS" and a nalive sense of how to push without shoving, Chief Justice lIowell Heflin na.5lransformcd Alabama's judiciary Inlo one of Ihc most modern and e(fidenl in the U. S. As won as he as~umed ofrice he began sweet· Illlking the legislature and lhe electoTlite into reforming the stale's briar putch of conflicting jurisdictions and ludicrous rules. IL was a five ),cllr Caml)uign and he won It, Alabama will gel a single statewide court structure with common procedural rules.

"Push but Not ShO\lf." Timil, September 27, 1976 n December 18, 1973, the voters of AIIlb.lm.l ratilied a constitutional amendment ~' hrch completely revised Article VI, the Judicial Article to the stllte's 190/ Constitution. The vote came $INer'l )'tars after Alabama Stale 11.1r Presider'lillowell T. "[enin convened the first Citizens' Conference on Alabama COurt5 in 1966. four years ~fter Governor Albert Brewer appolntcd a commission to rewrite the entire stOlte constitution, and almostlwo ycllYs after Henin took ofl"ite as chief just ice. To constitutionally reform the judiciary o( an entire state in this short lime span was considered a remarkable achievement b)' judicial leaders nationwide.

Ed "lcConnell. then the executive director of lhe National Center (or StMe Courts, Quoted on the fron t p<1ge of the January 18. 1975Nt'Ul I'Qrk Times. called it "the most dramatic ill ustration in the country ofwhal can be do ne. without undue delllY. to improve the qualit)' of justice in stale courl.5. M Aside (rom restructuring the courls below the circuit court level 10 mnke them uniform, just what wou ld this significnrlt C()I1stitutionlll reform accomplish over t.he next 25 years? The sum and substance. In the broad conlext. was about the independence and pt>Wer of the judicial br:lnch of stale govern· ment. The re(onns embodied in the Judichd Article. the stalutol)' la.....s ami two other constilutional amendments Henin pushed through the legislature and the electorate betwe~n 1971 and 1975 have made the Alabama Judicial System a true co·ellual branch of government.

O

How? By breaking Ihe yoke of legisilltive control over the rulemaki ng (lOwer for the judiciary and shifti nglhat power to the state 5t1p r~me court. and by creating an adminlstriltlve body and state financing of the courts to provide for thei r opera,.,. .... y 'nD

tionnl needs in each circuit and district. No longer does a county commission hold the po.....er of the purse over IOC<II judgu. intimidating them to do ils bidding. and no longer can the legislature dictate to another branch of the government how It sho\l/d (unction. Henin's proPQ$<Ils ....,ould be the nuus (or moving the slale courts into the 20th century. albeit neilrly 70 )'c~rs Inte.

In thei r paper, "The Court That Callle In From the Cold," which later bcc1l111C a chilpter in their book on judicial federalism, "1ary C, Porter ilrld C. Alan Thrr chilTaclerized the rulemaking nuthority of the Alabam.. Supreme Court prior to 1971 in this wa)': Until 197 1 Alabama statutes ....'ere unclear about whtlher lhe legislature or the court had authority to establish rules of procedure. The courl and the State Bar expressed con5iderable unhllppiness with the archilic and arcane rules-one of the most respected ilnd hardworking justices complained that the appellate coorts were operating with" 1915 toolsM (Merrill ), Nevertheless, the court held that it lacked lhe in h~ rent power 10 establish the rules: Ihe reslXlnsibility Wil~ the lej:lisll.turc's (Ex p,lTte Foshee. t945, LivIngston, C.J. dissenting). Ijecause of ralllpant confusion about procedural requirements. a large number of decisions wen based on ledl.llcalities rather than the merits o( lhe casu (fo'~. 86). [n mMy instances, serious injustices wue done. In one case tht courl dismissed an appeal from a gg'y(!ar sentence fo r murder because the transcript had been filed one day before lhe deadline (IIQmbud:lc v, Slale. 1958: Frye. 67).

Sometimes the wrong color ribbon on a brief or p<1ges numbered incorrectly would defeat an lippeill. The (Ourl lll times would even rneM\J fCthe rnargi n~ on the p;lges of an appeal ;lOd reject the case if they were not corrtct.

If the absunlity wns rum pant at the appellate level, il 11.'118 .....orse in the lower courts. Justices of the Pellce ("J ]" s") and mUl1iclpali tles wert running roughshod over citizens wilh Iraffle cllllliotu, JI"s .....ere permitted to retain a percentage of tht flnes they Imposed, and speed traps by municipalities would spring up 00 a regular basis to enhance II lo..... n treasury, The speed trap at lhe liltle town 0( Fruithurst between Birmingham and Atlanta .....as an example o( the times.

Delay In both the appellate courts and trial courts wa.s II $ignificant problem. Circuit and appellate Judges w~ re underpaid and uniformity .....as nonexistent. The Quickle·di\iOrce sc.and!ll of the rnid· 19603 haiJ rocked the bar and the Judidll)'. Over 20 Judge$ arld lawyers .....ere disbarred or suspended, A powerful Icllblalor (rom Hllrion County, Rankin File, had created Ihe

"1arion County Superior Court, givi"!! it domestic jurisdiction concurrent with the circuit court. No judge was ever elected, They just kept being appointed on" rol:lting ba.~is. I..... ~rs WQuid fly out-of·state divorce clients into lJirmingham and whisk them over to Ilamiiton on a private jet, Inodillg 01'1 II tWY 6,000 foot nm .....ay financed by tax dollars, This was the stilte of the judiciary In Alabama when IleOin became chief justice.

He hlld promised to reform the system in the 1970 cam· paign for chief justice as he defeated former Governor John Patterson for the job by a two·to·one margin, The story is told thai employtu at the mpreme court knew something was up when. upon his arrival, Heflin ordered a Olctaphone, It hasn't been the same there since January of 197 1, lie first set about to ",'ISS legi51alion ere· ating a state department to ;wist in the administration of the courts and to transfer judicial rule·makin!! from the legislature to the supreme court. That legi~ la. tion, along with two pro· posed conslilutlonal amendments-one to abolish 11" $ and establish 1\ sln'lll claims court, and the other to cre· Me a commission to discipline judges, mandMe judicial retirement at age 70, and create a relirementplan for judges-passed Ihe legi5lature in 1971 , The two amendment.s .....ere ratified by Ihe vote~ in January 1972, The constitutional commission created by Ilrewcr in 1969 had worked four yt<lr5 on its draft of a new state charter and planned to submit its report to Ihe 1973 Hegular SeMion, but with little hope lint it would be con5idered, Heflin sei1.ed on this report liS a wav to accomplish the total and complete reform upon which he had based hlA 1970 campaign. It wou ld "Iso be a way to solidify such things liS rule-making, judicial administ ration, judicial compensation, and court structure into constitutional law, Another cili1.CIl5' cooference on the courts was quickly planned and Article VI of the Brcv.'er Commission's proposal was rtllised: it had conu.ined merit selection of judges, but Gwemor George Wallxe had already sent Heflin ....,ord that he would use everything In his poy,'er to defeat the reform if it took away the IlOIlular election of judges, Iteflin informed the citizens' conference particip.1llts that any ch:lI\ge in judicial selection ....'Quld have to be "placed on the back burner (or a while," Wallace was lukewarm to the reform proposals-probably because he feared Ilemn's future polilic..'I1ambitions and because he 5imply did not

see the nctd (or change. lie never fought the reform proposals directly, but did not stop his political cronies from t ttempting to deralilhe effort, HO\\'CIIer, some Wall;tce supporters backed Heflin's proposals, including Wallace's brother, Jack, who had succeeded him as circuit judge,

Hemn chose two Florence lawyer. legislators, Sen. Stewart O'IJannon, Jr, and Rep, Bob I·lill, Jr.. to spon50r the bills which proposed the Judicial Micle, It was a tough OOventure throughout the summer 0(1973, O'llannon, who had no otl~r major bills that swion, sal back and collected hislOlfs in the Senate.

TIle proposed ameodf1ll!nt had generated quite an array of 0pponents. Drn!, Ihe ~ague of "1unicipa.lilies, which feared the proposIll would take away city fund$ from court CO$t5 and fees, attempted to pres.,ure O'lklnnon. Capitol ob5C r\'c~ will nOl llkely forget the dny O'Bannoll took the microphone on the Sen.1te noor and plllCed the lobbyists for the league In his IIlBl5i!lht. The Senate passed the amendment by a vote of 25·3, but Ilenin would tater have to compromise on the municipal i!Sues in the Ilouse.

That year Heflin's hometown mayor and c10H friend. the lat~ William ~: "Oil I" Gardiner of Tuscumbia, became presi. dent of the League of "lunicipalities, It WilS Gardiner who laid the groundwork for the compromise that ~tlsl'ied the I.eague. Heflin retained both the requi rement that all municipal judges be lawyers llI'Id the provisions Ih~1 brou!lhl lhe municipal courts under the supervisory authority of the Sllpreme court. The cities got both the option to retain or abolish their courts lind a split with the state of the funds gcnerllled from court CO.d5 and fines.

Even though the league .....~ now on boMd, the amendment 'N()uld continue to have significant opposition in the I-louse. where it wal m~eting outright hostility from the chairman of the Constitution and Elections Committee. Joe "1cCorquodale, and l uk~'arm support from Uouse Speaker Sage Lyons. I.yons had assigned tht bill to McCorquoo.llt's committee but it Wil.$ late in the session before 11 .....ould be allowed up for a commit· tee vote. Evf!rl then t-1cCorquodale thought he had the wtes to kill it and he did, IIlve two unexpected switches Benin obtained at the last minute, On an 8-6 vote the proposed amendment wa~ sent to the House noor. but Lyons was in no rush to bring it to a vote. even thou~h O'Uannon had threatened on Ihe Senate noor Ihilt he would lie up any House bilts with Lyons' name on them for the remainder of the session i( the bill did not get a vote on final p;!S$i1ge. [t .....as the lasl night of the 1973 regular session and the amendmenfs supporters .....ere fo rced by the Ilouse leadership to muster the necessary t",,'()-thirds vote to i uspend the rules and bring the bill up out of order. I-HII , with the help of another ~·Iorence legislator, R~p . Ronnie Flippo, who later would be elected to Congress, fought off attempts to t)Ostpone and dcfeatthe bill. Knowing that 5i//(I diu I,djournment ",'as only houn awa~', opponents tried to load the bill up with amendments designed to create more opposition. Thai is why the constitution loday permits Shelb),. Tuscal005a, Madison.

Wilcox. Monroe, Conecuh. Clarke, Washington, /lenry.

Etowah. Walker. ThIlOlj')OO$.Ol. Pickens. Greene. and St. Clair counties to prO\ide for the filling of Judicial vacanciu by local legislative acU. Beuust of the time constr:aints. IIill and Fl ippo did not object to the amendmcnlJ. They also picked up crucial support 1Iy permitting II change which deleted language abolishing constables. As the clock ntilTed midnight the proposed amendment was fin ally adoPled and would be placed on 11 special constitutional amendment election ballot on December 18, 1973.

Ilemn energized the support of nearl), 50 diverse organiza. tion5, from the Alabama Farm 1)(lreau to the AFL-CIO. in support of the reform effort. The slale bar spent 550,000 imd the AIOlbamll r-10torbts Association 510,{)oo on advertising to sup· pottthe amendment. Farm Bureau's interest !Iemmed f~m iu own proposal on the ballot to create nnancing (or a swine research lab at Aubutn, It .....as in the best interest of 011110 keep any opposition to a minimum. J leni n stumped the stllte, making more Unn 50 speeches and TV appearances pushing ratification, Both amendments gOl62 percent of lhe vote in II very Ii~hl turnout a week before Christmas Day 1973.

Rob. rt A. M. ,tln IloMrt A. Martin It _

a'I(I ~ 01 1M MOIIIPO'I"'l't""""IIMW HI •• (J~a/ hi ~ 01 Ni;Irfl ~ ..., JiOI'oM 5I;ftooI 01 t . HI _ _ .~OCU', a'I(I IfIoKO a/ _ _ _ ...-..c.1or I'It

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1'0"'''''' A/dbuInu SiIpn., ne Cwrl ChidJuJ/;m 11o/;~~lllr(/m Sonrw lionuby wid 80 7brtIm

The amendment ga\'e Ihe legislature (our years to implement ilJ provi510ns. but Heflin wanted it done in two. The advantilgt of doing so, ht IIrgut d, ..... u thM it would save the expense of a COSily election (or judges for the new di51rict courts. lIe oblained federal funds. established a commi~s ion 10 draft the neceslllty statutory I~ws. and n ~med Joseph 11: Johnston, ~ leading conslitutionallawyer. 10 chair the commission. He named Cumberland Law I'rofessor Charles D. Cole as its full -time ex:eculive director and appointed 55 members. The commission spent over a year drafting the statutory la"l'llage of the implementation bill. Although many provisions of the new constitutional amendment ~'ere self-txecutlnll. Ine bill presented to the legislature by Ine commission in 1975 contained 168 P.lgU. It would 5wel1to over 198 on final passage.

O'8annon had not sought re-tlection to the Senate. 50 "[ctlin turned to Opelika Sen. C. C. "110" Torbert. Jr. to ~pon ­ sor the implementation bill in the Senate. I-lill remained the House sponsor. II would be another long Imllie. Lyons didn't return to lhe liouse bul M cCo rquodal ~ w:u nOV/the speaker.

He had softened some, perhaps realizing that if the legislalure failed to implement the amendment. the supreme court would be able to do so by court rule. It was not easy, even though Torbert lined up 25 of the 35 5enators as co·sponsors and 72 IloU5C members had signed on. Tne fi nal votes, howMr, rtnected near unanimity after the battle: 30-0 in the Senate arId 100-1 in the House. l-IeOin decided not to seek re·electlon to the supreme court in 1976. He knew he would be the target of resentment thai still smoldered in the legislature. "We kicked too many behinds (or me to have stayed on," he later said. Torbert ran

for chief justice and defeated Hep. Douglas Johnstone of Mobile. J olln.~ t one would later be elected to the circuit bench and last year was elected an a$$QCiate justice on the supreme court. Henin knew the waters ahead would be rough as the fina ncilll and administrative aspects of the trial couru would be transferred to the stale. He thQught. thouJth, that Torbert. being from the legislature. could soothe some of those troubled waters. The new chief justice. however, had barely gotten his new robe fitt ed when financial problems hit and legislaI Qr~ were attempting to "sunset" the Department of CQurt f>lanagement. In the end l'lenin \o" as right. Torbert didn't miss II beal. I Ie Quickly changed the name to the Adminlstrlllivc Offi ce of Courls, mOved the employees under constitutional protection. developed a continuin(l dialogue with the legislature, and brought in a new Administ rative Director of Courl.\.

Allen L. Tapley. a schoolllr'ld hospital administrator from Opelika, who had I"\3naged his campaign. Within two years 1,100 county court employees were Ir,msrerred to the st.lte. the new district court \o"as placed in operation, and most court operations illd been streamlined and simplifitd by Tapley and the new Administrative Office of CourU. Over the next decade Torbert and the suprenle court estllblished a strong and independent administrative arm for the courts lind continued Ihe imP<lrtant development of court rules to govern the practice, procedure, and administration of Alabama's judiclar)l and bllr. [1'1 1986 Torberl sweet·talked the

legislatu re into enacting a bonding authority to construct 11 nL'W judicial building. He didn't seek re-election in 1988. le,lVIng to his successor, Sonny Hornsby, the task of overseeing construction of the new state building. Ilorosby did that and also was a driving force in improving technQlogy in the management of the courl$.

Today the Alabama judiciary is fulfilling the role IleOin envi· sioned in the 1960s: arl indtpc:r'ldenl, co-equal branch of government. with state administration. funding, and nlle-m.1king power conrerred in the constitution arld the ncxibility to adapt 10 change. It will enter the 21st Century ahead of lhe S<lme. •

, , • ," "

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MAY ,,,,,,, , '00

ADR Mini-Grants T

he Alabama Supreme Court Commission on Dispute

Resoluti[m. established in 1994 by the Supreme Court of Alabama to promote mediation lind other alterna· tive ways to setlle disputes in the state COllrl system, communities, ~dmin ist ril ­ live agencies and schools, will be awarding mjni -g rnn l~ for ADR programs.

Grant applications must be received by the Commission by October 1 of each year. Currently, the Commission is accepting applications untit October 1.

1999 {Or the grant cycle 2000.

For grant eligibility criteria and granl ~ ppli cali on ~ , plen$c call the Alabama Center (or Dispute llesolulion al (334)

269·0409.

•

Alabama Mediation and Arbitration Training (Approved for CLE credit and Alabama Center for Dispute Resolution roster registration) In·State (Additlonsl courses will be scheduled.)

June 7 (week of) MontgomerV Civil M odlBtlon

Special ADR Course Offering 10 June for Divorce Mediators Protecting the Safety of the Victim: Medistion in Selected Cases Involving Issues of Domestic Violence Hosted by the Alabama Center for Dispute Resolution Elizabeth Manley, M.Ed .. J.D., Trainer

June 3 and 4, 1999 Alabama State Bar Building, Montgomery ASS members: $1 75 Non·members: $200 Call (334) 269·1515. ext. I ll, for more informalion,

CLE Opportunities The Alabama Mandatory elE Commission continually evaluates and approves in-state, as well as nationwide, programs which are malntamed in a computer database. All IIrB idenlified by sponsor, location, date and specialty alea. For a complete listing of currenl CLE opportunities or II calendar, contllc t the MClE Commission office at 13341269-1515, axtenslon 156 or 158, or you may vlaw a complata listmg 01 current programs attha

state bar's W oo sito. www.a/abar.oro.

Jones School of Law (John Wade, visiting trainer) 1334) 260-6196 eLf hours 110/ yet fm9lized June 10·14 Birmingham DIvorce M odlBtlon

Atlanta Divorce Mediators (Elizabeth Manley) (900) 862-1425 CLI:: 40 hours Ju ne 16·18 Huntsville M eclletlonJConfilCI M(lnegement

Better BUSiness Bureau (Anne Isbell) (256~ 539·2 11 8 CLf: 20 hours AuguSt 25-27 Hunt$vllie M edl8tion/Conflict M anagemen t

Better Business Bureau (Anne I sbe ll ~ (256) 539-2 11 9 CLE: 20 hours Note: To dste, all cou'ses except those noted have been approved by the Center. Please ct1eck. the Interim Mediator Stardards and Registration Proceduras to make sure course hours listed w ill satisfy the registration reqUirements. For additional out-of·state training, including courses in Atlanta, Georgia. call the Alabama Center for Dispu te ResolullOn at (334) 269-0409.

OPINIONS OF TH E GENERAL COUNSEL

By J. Anth(JIlV MclAin. general counsel

RO·89·ii?

Qu •• tlon: Is it 1\ violation of the Code 0(

Ethical Propriety of Lawyer Knowingly Filing Lawsuit In Wrong Venue

Ilro(cssion.ll Responsibi~t}' of the ALlOOm:a State Rar for a lawyer to file a lawsuit in one county when he kllOW$ tMI venue for lhe IIction docs not lie in that county?

An.wer: This Question has been previously considered by the Disciplinary Commission and

m~t

recenlly Opinion RO·84·102

was decided by the Commiuion. In Opinion RO·M· I02. th~ Commission held as follows: ''There is nothing ul1I!lhical. per sc, in an attorney knowingly fil ing II lawsuit in II wrong VEnue. However, it is unethical (or a lawyer to require a party \0 present testimony or evidence in support of a sworn pic" in ab.ltcmenl or motion (or change of venue ...,here there is no genuine issue of ill)' material fact ool\cerning propu venue. ~ On reconsiderlition. we hereby rescind Opinion RO·8<t· I02 and once again endork and adorA Iht conclusion of ABA Informal Opinioo 1011 thai il is unethical 10 knowingly flIe a lawsuit in Ihe wrong venue if il is done to harass lhe defendant or take advantage of the alJsence of Ihe opposing parly.

Disciplinary Rules 7· 102(A){I) and (2) provide as follows: (A) In his represe n l~tion of II clienl, Ii lawyer 5hall not (1) t'ile a suit. assert a position, conduct a defen5e, delay a lrial, or lake other action on behalf of his client when he knows or when it is obvious Ihlll such ..clion would SCM merely 10 harass or mall · ciously Injure Mother;

(2) Knowingly advance II claim or defense that is unwarranted under ellisting law. excepl that he may advance such claim or defense if il can be supported by good fa ith argument for an extension. modincalion. or revets.~ 1 of ellistingln.....," I II our opinion Disciplimu'Y Rule 7· 102(A)(2). as slaled above, ....ilen read together with lhe prOVisions of Rule 11 of lhe Alabama Rules of Civil Procedure and Rule 11 of the Federal !tults of Civil Procedure. clearly indicates that the higher standard set forth in ABA Informal Opinion 1011 is tht appropri. ate slandilrd. Rule II of lhe Federal nule5 of Civil Procedure SlI)1 in perti. nent part as follows: "The signature of an attorney or P.lrty conslitutesll cerlincate by Ihe signer that the signer has read the ple:.ding. motion. or other papers; th:.llo Ihe best of the sign. et's kl\(lWledge. informatioo, and belief formed after reasonable inquiry it is .....ell grounded in fact and is ....·arranted by elIiSling law or a good fai th argument (or lhe extension, modincation. Of reveI'M1 o( existing law, and that it is not interposed fo r any Improper pllr· pose, such iI5 to harass or to cause unnecessary delay or needlessly increase the cost of litigation .,,," Comments to the Federal Rules indio cate that the reasonable inquiry required by the Rule may depend on such (&clol'! as: ~ ... hov" much time for iO\utiga· lion was available for the signer; whether he had 10 rely on ,client for Information M to the focts underlying the pleading, motion. or other pal>er; whether the plead· IOAY

.0.0 2<>.

ing, motion, or other IhIPfr wa~ based on a plausible view of the law; or whether he depended on forwarding counselor ;mother member of the Bar," I{ule II of tI,e Alabama Ilules of Civil Procedure differs somewhat from the Federallhlle, Nonetheless, I~ul e II of the Alabama I{ules still provides that: "The signature of an attorney con· stitutes a certificate by him that he ha$ re<ld the pleading, motion, or other pa~ers. Ihat to th~ best of his know l ed~e. informlltiOn. and belief, there is good ground to ~uppo rl il; lUld thllt it is not Illterl)Qsed for deIIlY." £lhicOlI Consider:ltion 1-10 provides liS follows: "'I'he duty of a lawyer 10 rCpr(>Sl.'nt his client with zeOli docs not mil it:!tc ag:linst his concurrent obHgatiOll to trellt with cOf"lSlderation all pe r50n~ involved in the legal process and to avoid the infliction of needless harm."'

It is our opinion that when an attor-

ney who knows, or reasonably should know. that a lawsuit has been filed in one cou nty when that is the wrong venue. the attorney has, in fact. cou n· seled or assisted hi~ client in conduct thai the lawyer knows to be fra udulent and that he has knowingly made a f"l se ~ tll t e m c nl of law or faCI lOR 7- 102(A)(5) :lnd DR 7-I02(A)(7J! in the course of his reprc~cnt:l t ion of the cliclt!.

Certain provisions of Disciplinary I{ule 7-102{A) makr special reference to fnlse representations regarding the residency of parties to 5uits (or divorce in Alabama. Disciplinary Hules 7-102(A))9) and 7. 102(A)( IO) stilte as follows. to-wit: "DR 7· 102 (A) In hi s representation of a client. a laWler shall not: (9) File or prosecute or Olid In the tiling or prosecution of any ~ui t . cross-bill, or prOCtedirlg seeking a di\Orce In a cou rt in Alabama as attorney or solicitor for a compillinant or crosscomplaimlllt therein or serve liS referring or forwa rding

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attorney for such complainant or cross-col11plaill,lnt wilh knowledge or reaoonable causes to believe thai neither party to ~l1ch sllil, crOs~-bi ll . or proc~edin!l is at the time of the filing of Ihe bill of complldnt or c ros~· bi1! of complaint therein. 01 bona fide resident of the Stllte of Alllbarna; (10) While acting ~ OIltOtney for either party in anysuit (or di\l()rce in any courl in Alabama. represent to the oourt or conspire with any jl.1Tty, attorney, or person to repre~nt to the court that either jl.lrty to stich is a bona fide resident of AI"b..,n ...l. knowingly such representation to be f~lse."

We feel that the same 5tandard is appropriat e in other civil "ctions and adopt\he resu lt in ABA Informal Opinion 1011.

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Notice Williem tria Shumway, whose wilereabouts alo unkllown. must answer the Alabama State Bar's formal dlscrplmary charges Wlth'fl28 doys of May IS, 1999 or, thereafter, the charges contained therein shall be deemed IIdmrlUld and appropriate disCipline shall be imposed against him in Ase No 98172(A) bofore the Disciplinary Board 01 the Alabama State Bar Oiscipllnory Board, Alnbnmo S18\0 Bar

Relnstatamant.

• Baldwin County attorney Lloyd Earl ']').)'Ior was reinstllted

to the practice of law by order of the Alabama Supreme Cou rt dated August 31, 1998. !pet. No, 98·01) • l.Iwre nce IIt n1')' IUp! h, Sr. WIU reinstllied to lhe prll.ctice of IIIW by order of the Supreme Courl of Alabama e((ectiVf January 29, 1999.IPet. No. 90·011 Suapenslons

• Eufaula attorney Don, ld Joltph ~l c KJ nno n wu suspended from the practice of law in the State of Alabama fo r a period 0( 45 days. effective 12:01 a.m .. December 23, 1998, by order of the Supreme Court of Alabama.

The order of the Supreme Court of Alabama was based upon t>1r. t>lcKinnon', plea of guilty of failing to make reasonable efforts to ensure that a non-lawyer employee's conduct was compatible with his professional obligations as a lawyer, il violation o( Rule 5.3, Alabama Itule, of Professional Conduct. and to soliciting professionill employment (rom prospective clienls with whom neither he nor hi$ firm h~d a familial or current or prior professional relationship, a 1,'10· lution o( nulcs 7.3. A.R P.C. The resDOndent attorney admitted thllt he lind/or his IlOlllawyer employte. Cracelyn Craves. reljuested or encouraged present clients to 5Qlicit prospective cllenl5 on lhe firm's behalf in vllTious legal mlltters.

McKinnon Will be aulOm.1tlcally reinstated to the practice of law effective Pebruary S. 1999. Upon reinstatement, t-lcKinnon will be placed on prob,1tion for a period of two years. Other conditions of probation were ordered. (ASB No. gg.97(A)1 • On fo1arch II , 1999, the Alaooma Supreme Court suspended Birminghanl lawyer Marcus La\'On Whatley for a period of 91 days. The suspension was the result of a conditional guilty plea between Whatley and the bar. The complaint was ...,.. ..... tom.

filed by a circuit judge in connection with a material mis· representation made by Whatley during a court proceeding.

During the invtstigation of the complaint, Whatlc), asked his fo rmer secrelary to sign an affidavit accepting blame in the matter. She refused to sign the affidavit because of false statements therein. Whatley nevertheless submitted lhe unsigned afndavit to the bar stating that she h<ld rec<lnted her earlitr statement to him. This was denied by his secre· tary in a subsequent leiter 10 the bar in which she ducribed Whatley's inlense pressure 10 sign the affida~il. Whalley's prior discipline wa~ considered in determining how to resolve this case. IASI1 No. 98-124(All • fotobile attorney Jft mu Oavld Brookl pled guilty before the Disciplinary Board of the Alabama State Bar to a one·count vioilltion of Hule 3.<1(a). Alilb..lmil nules of Professional Conduct. which provides that a Inwyer shall not obstruct another party's access 10 l'Vidence or alter, dutrO)' or conceal a document or other material having potential eviden· tiary ~alue. Brooks waS placed on probation for a period of one year and ordered suspended frOIll the practice of law in the State of Alabama for a period of30 days. effective 12:01 a.m .. Saturday. January 30. 1999. Brooks will be automati· cally reinstated to the practice of law in the State o( Alabama effective Hmh I. 1999. (ASB No. 94-1601 • The AlabalTkl Supreme Court enlered an ordu suspending Russt!lIville attorney Rebecca Creen Thomison from the prllclice o( law (or a period of 45 days effecti\e t>1arch 1.

1999. This suspension was a result of t>ts. Thomason's having plead guilty to the formal charges which had been filed against her. The charges allege that the District Court ordered Ms, Thomason', clienllo submit a (Irine ~mplc: to be tested (or drugs and that t>ts. Thomason provided a urine sample or her own to be submitted (or drug testing and sub· stitution (or lhe urine s.lmple of her client. rols. Thomason plead l:Iuilty to hllvlng violated the Hules of Professional Conduct including Rule 8.4(11.). which prohibil5 an attorney from attempting to violate the Hules of Professional Conduct lhrough the acts of another. Hule 8.4(c). engaging In conduct involving deceit or misrepresentation, I~ltle 8.4(d) which prohibits an a\lorney from engaging in conduct that is prejudicial to the administration of justice and Rule 8.4(g). engaging in conduct that ad~er5ely reOeds on the attorney's l'ilness to practice law. [ASHNO, 98·142(All • Huntsville lawyer Carter Alan Roblnlon was suspended (rom lhe practice of law in the State of Alabama for a period or 60 days effective January I, 1999. nobinson was found guilty by Panel IV of the Disciplinary Board of a viol~.tion o( Rules 1.4[a1, 8.1[b) and 8.4(a), AlabalTkl nules of Professional Conduct. In ASB No. 97-181. the respondenl attornf)' was engaged by an out·of·state law firm to pursut a collection ITkItter. Although the respondent attorney WM advanced

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costs and paid a "non·contingent su it fee," the respondent attorney did no 5ubstanti(ll work in the matter. During the COU Tse of his representlltion, the re~pondenl attorney failed or refused to rcspolld to r"lU merOus teli;phone and written

reQucs~

by the Qul-of-

Slale law fi rm regarding the status of the maUer, Because of the respOI\dctll attorney's conduct II grievance was filed with the Alabama State Bar.

During the course of the inVfstiglllion of the grievance. the respondent attor· ney failed or refused to respond to numerous requests (or inform(ltion regard in" the m~tte r, Although a rcspon$t was evenlu,llIy filed by the reSI)()ndenl attorney, it was flied ulllil'nely lind r\OI respon~ivc to the request for Information, In ASB No. 97.243, Ihe respondent attorney W/l.S ret~ined to represent a client who was a truck driver in a matter involving a ticket (or running a stoplight. Outing the course of Ihis representation, the respondent altor· ney did little or 110 work in the matter and provided his client wilh inaccu· rate or (ncompleie information.

Bec,llIse of Ihe respondent altorney's conduct, the client was forced to hire different counsel to resolve the mal· Icr which had been further tomplicil\· ed by the respondent attorney's inac· tion and fail ure to communicate.

IASB Nos. 97· 181(AJ and 97.243(A)1 • And'llusia attorney Richard Jude Spurlin was interimly suspended from the practice of la\~ by order of the Disciplinary Commission date March 19, 1999.IRule 20(a), Pet. No, 99·0 11 Public Reprlm.nds • Dothan attorney Charles Bruce Adam, received a public reprimand

with general publication on January 22, 1999. The Disciplinary Commission determined that Adams violated Rules J, I and 1.3 of the Alabama Rules of Prdessional Conduct by failing to act competently ,md dililtentiy in Ihe handling of an appointed criminal appeal before the AlablnTIlI Court of Crimi nil I Appeals.

Adams failed to fil e a briefwilhin the time proscribed, or within the extension provided by the court AdbnlS had previously been reprimanded for simi· lar conduct in two other appointed criminal appeals. IASB No. 98-126(A)1 • Or\ JlIf'lUllry 22, 1999, Birf'l\iflghlllll altorney Jerome Tucker received a public reprimand without general publiciltion. The Disciplinary Commission found thai he had violat· ed I{ules 1,3 and 1.4(a) of the I~ules of Professional Conduct in his represen· tation of certain church members in a fact u~1 dispute wit h Iheir new pastor.

Tucker fail ed to respOnd to discovery until aft er a motion to compel was granted by the courl. Thereafter, he provided incomplete re~ponses, and his d ier\t! were sanctioned. He did nol advise his cJienl5 about the sanc· tions order, and the case was dis· missed (or thaI reason, Later, the clients took up a collection and paid the sanctions, The case was not rein· staled, however. IASU No. 97·368(A)1 • Mobile attorney Selma Dingler Smith received a public reprimand without general publication eifective January 22, 1999. /1-15. Smilh failed to file appeal briefs on three different occa· $il)n$ for various client:;. As iI result, Ms. Smith W<lS di~charl:led as attorney of record in each case. IASB No. 98· 013(Aj, ASB No. 9S·01 4(A) lIr\d ASB No.9S.046(A)1 •

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RECENT DECISIONS fly Nathel Sanders·Cochran lind Wilbur G. SiltX!I'III(1II

Recent Decisions of the Supreme Court of Alabama-Civil Will Alabama'. Supreme Court breathe new 1If. Into $250,000 statutory cap on punitive damage.?

OliIJ(lTlJ, 'n.nms, tots. 1970312. So. 2d (Alii., January 15, 1999). In th i~ le"'l.l

malprOlctice ",clion conccrnin" an attornCY'$ rll iSU$C (If 1\ $12,000 $ctlicmcnl, lhe

Alabama Supreme Court r<liscd the que$lion of whether the $250,000 punitive dam<lges caJ) established In Alllbll1na Code § 6·11 ·21 may be constitutional.

Upon entry of /I de(ault judgment against the defendant Oittorney (or breach con· Iract. fraud. deceit and misrepresenta. tion, the tri~1 courl awarded the plaintiff $500,000 in compensatory damilges and $1,000.000 in punitive damages, The defcndartl filed a motion requestinp: a new trial and challenginjjthe damages Ilwllrd as eKcellSlvt, specifically raising the applicability of the $250,000 CILP lL$ provided in Ala, Code 1975, § 6· 11 -2 1.

The trial court denied the defendant's motion without examining the issue of excessiveness of the damages, On appeal, the AI~bama Supreme Court ruled thilt, upon a timely motion,

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the trial court must hold a hearing to detcrmillc whether 11 damage~ award i5 excessive, even if that award i5 the result of a bench trial or defau lt judg. ment. Because lhe trial court denied the defendant's motion to review the dram· ages award, the Alabama Supreme Court remanded the case for a hearing to consider whether the compensatory award \'0'115 excessive: whether clea r and convincing evidence supports a [lllnitive llw<trdi and, if so, whether the punitive Ilward is exce~~ive, Including whether the $250.000 Cal) on punitive damagH, found in 6· ) )·21, .,.,as applicllble. .

Although § 6· ]] -21 WM held uncOtHtitutional in f1(!f1dcrsoll lJ. Alabama Po/.oor OJ.. 627 So. 2d 878 (Ala, 1993), the court Questioned whether Helld(tr50'1 remained good law. based on 'posl -''''1u/arson devc.lopmen\s in the concept of dueprocess law·' and the "forceful ration"le of the diS$CnU; in fk'lldersan" authored by Justicts r.1addox ~nd HOU$ton. The court also found it significmt that the United Stllles Suprcme COurt. in ftJl;irrc Mutu(ll Life '"5. Co. v. Naslip, 499 U.S. I, 20 n. 9 (1991), referenced the $250.000 c.-.p (ound in § 6· 11 ·21 as 1)Q$sibly prC\lcnting a punitive damages award from exceeding the outer limits of due process, Based on these obsetvations. the majority instruct· cd the trial court to "address Ion remandl whether the $250,()({) cap estllblished by the Legisl"turc in ~ S-II ·21 applies in thi~ ca.~e."

Medical malpractice; scope of privilege created by Alabama's peer review Alabama Code § 22-21_8 Ex parlu Dr. Alldt'i!w Burch, Ms. 1971232, So. 2d (AI~., ~'ebru<iry 19, 1999). In this medical malpractice action, pl"intif( .sued Dr. Burch and the hospital for wronAful death of a patient.

Aller the p.1ticn!'s dCitlh al the hospital. a Surgical Revil:w Committee meeting wa$ convened to review the case and to eval· unte the physicilln's perfOl',l)lIIlce in connection with the treatment provided to

""tut_,

the p.ltient. J)r. Burch appeared at this meeting to discuss his reasons and ded~ions reg;.rding treatment of the patient.

A di~pute OiTOst between the physician Illld the hospital as to th ~ inform~tion provided by the hospital stllff to lk Burch regarding the patient's deterioration and what changes ill the trelltmcnt pl;,.n should be undertaken. Dr. Burch's deposition testimony allegedly contra· dicted his eartier statel11tl1ts made to the Surgical Heview Committee and cast doubt on whether he had been fully or prnperly informed by Ihe hospital staff regardin" the deterioration of the dcccdcllt'$ condition. Prior to trial, the hospital indicated its intent to nffer the minutes of the Surgical Review Committee ,meting and its intent to alII Dr. Spires. the chairman of the Surgical Heview Committee, to tstablish the inconsistencies In Dr. Burch·~ prior statements and his dep05ition testimo· ny. Dr. Uurch objected, relying upon Alabama's l'eer neview Statute, Ala. Code § 22·21 -8. which prohibits discov· cry of accreditlltion. quality aSSIJT,mce, or credcntialin" matcriills or informa_ tion provided to medical review com· mittees. The trial court sr~n t ed Dr. Burch's motion in Ilmil1l! as to the minutes of the committee meeting but ruled thilt the hospital could offer Dr. Spi res' testimony regarding inconsistent statements made by Dr, Burch before the Surgicall{eview Committee. [)r. Burch soughlmandilmus review, The AI,lbam,1 Supreme Court granted [)r. Burch's petition fo r writ of man· dl1mus, upholding tht privilege created

by Ala. Code § 22-21 -8. The supreme court noted that the express language of the statute was unambiguous nnd clearly protected from discovery any information obtained from Dr, Burch during the committee meeting. The court rejected the hospital's argument that evidence of prior inconsiitent stilte· menl5 was admissible under Ilules of Evidence 102 and 613, notwithstanding any privilege created by ~ 22-21 -8.

Purtner, tne court rejected the hospiargument that, in f.x parle SI. Vlllce/JI:~ IIMpilal. an exception to A 2221 ·8 wa! recognized when privileged materials are e:ucntial to a party's caUK of action.

Ull'~

App.llat. Jurisdiction and Interlocutory ord.rs; EI.venth Circuit conclud •• It ha' no Jurl.dlctlon to h •• r app.al wh.n party voluntarily dl •• mi •••• claim with pr.Judlc.

Drull(lIl /). Amr:riCtlll Mulual LI1I1, No.

91-6081Y3d (11th e ir.. 1~'cbrll3ry 10.

1999). Plaintiff ~ued her insurance com· pany alleging that she had been fraudu · lently inductd into purchasing the insurance policy. lJecausll plaintiffs pol · icy had been purchased in connection with a benefits packaQC Ilrovided by her employer. the defendant Insurer removed the action to federal court, claiming preemption by the Employee Itelirement Income Security Act (EIUSA) . Whcl1 Ihe fe~eral districi courl denied p lalntiff~ motion to remand, plainti(( moved Ihe district court to dis· miM her compillint wk h prejudice.

Plaintiff argued that she hlld no clai m under ER ISA and Ihllt the court's order denying her motion to retllllnd left her without a remedy. The district gr,lntcd plaintiffs motion to dismiss and entered a final judllment against plalnliff~ claims with prejudice. Plainti(f immediately ap~aled this jull6ment .

The Eleventh Ci rcuit Court of Appeals dismlucd pl~intiffs appeal. find ing that it had no jurisdiction. The Eleventh Circuil noted that its Jurisdiction was limited to "cases and controversies alld that without the presence of IIdv/lrse parties lIS to an issue. no "case or con· troversy" could exist. The Court com· mented that neither the plaintiff nor the defendant alleged that the judgment was entered in error. The Judgment was entered althe pl3inliffs request and thus. was 1\Ot IIdverse to her.

Additionally. the defend,lI1t asserted no error in entry of thlll judllment.

Because there ....'as no tdvuseness ilS to the issues appealed. tht Eleventh Circuit held there was no case or con· troversy to be heard.

Allern'ltively. the pillinti(( lIrgued that her allPeal .....as. in substance. one from an interloculory order denying the

plaintiffs motion to renland and that the COllrl should place form over subsl.lncc in ruling on the jurisdiclional i ~$ue. Ilov.'ever. the Courl noted Ihal plaintiff had nOI complied with the slatutory requirements of28 U.S.C. i 1292. which governs ap(}CJis from an interlocutory ordn. Because the district court'5 order denyin!! remand was not among those interlocutor')' orden from which a party could apptal as of rilthl and the plaintiff did not sfek certifica· lion of Ihe interlocutory order by Ihe districl court. the Eleventh Circuli concluded it had no jurisdiction to hear Ihe appeal. regardle5S o( whether it considered Ihe (orm or the substDnce of plaintiffs appeal.

In a footnote. Ihe Eleventh Circuit recognized lhal at Ica5t five other circuits have allowed b pillintiff 10 appeal from a voluntary dismi",,1 with preju· dice if that dismiw l was sought for the sole purpose of expediting review of a prior order that effectively eliminated the plaintiffs claim. However. the Elevent h Ci rcuit refused to adopt $ucll b l)raClice. notinll that none of the ci rcuits hbve illenlified the alleged source of their authority to hear such an appeal.

Recent Bankruptcy Decisions Bankruptcy Judge J.m •• S. Sledg. holds that arbitration claus. In buy.r's ord.r for automobll. Is unenforceabl.

Roy II. KIIl'PP u. Cnodi! ACCt71funce CQrporation. Wyml :S Oil C<JmJX1lly, and Mcritl'lalllnsur(111Ce CcmI1UI1Y. 1999 WI.. 61694 (Bkrlcy.N.D.Ala., Judge

James S. Sielige. Jan. 29.1999) . Judlle Sledge, in a lenglhy. thoughtful opi nIon. discussed various arguments and situations as to enforcemert In Alabama of a mandatory arbitration clause. The plaintiff (buyer) had fil ed an adversary proceeding 10 "dctermine the validity and extent of a lien" and. in the plead. ing, raised allegations that n connec· lion ..... ith the sale of an automobile,

defendants had enJt.1ged in fraudulent aclions. violalcd the Alabama Mini· Code. and engaged hI civil con~ piracy.

The pillintiff also soughllOhave his action certified as a class action under P.RC.P' 23. The dcfendllllu responded by filinll a mol ion 10 compel arbitration under such a clause contained in the purchll5e order sistned by him when he purcha~ed the vehicle, but not signed by anyone else.

In his memorandum opinion. Judge Sledge. in reflecting on the history of the judicial system by emphasiling Ihe inherent and constitut ional riltht of trial by jury. first comlllCl\ted on arbi· tration as being lin encroachml'f'lt upon tht system. I-Ie reviewed Ihe Federal Arhitration Act WM) passed in 1925 to allow merchants to resolve displltes in a non.judicial forum . I-Ie found no prob. lem wllh parlles doing 50 provided they were equal in sophistication. He did nol find this 10 be a (act in consumu con· tracts where the parties WHe nol equal. and where the language rcquirinllarbi. tration could be buried In finc print in the contract. Judge Sledge wrote Ihal ..... ith regard to consumer Irallsactions, the contracts are (avorable to lhe seller or credit IIrantor. The disadv'lIllages of compulsory arbi\ ratJon to lhe consumer Dre initial advance costs. which could be from $500 10 $1,000, and then the daily COSls while Ihe arbitration is pending.

He contended that there is no guaran· tee of due process coupled ..... ith the loss of right of jury trial and the right to an independent trial judge. no opportunity (or discovery, etc. He cited the Alabama Code section prohibiting enforCfrnenl of arbitration clauses and mentioned recent Alabama appellate court decl~ion 5 which frown upon the waiver of right to jury trial. I-Ie Ihen noled lhllt the Alabama law becomes of lillie value because of the actual wording in the Wilbur Q .

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contracts that the sale is in interstate commerce and the purchaser's agreement thal lhe ~ehicle will be so used, thus bringing into p!aylhe superiority of the federal law.

Judge Sledge then denied the motion to compel arbitration, but followed with findings of fact. In thi ~ laller portiO!i of the opinion. he commented upon the {act that the buyer Is compelled to accept additional charges o( insurance, document fee. fee to public officials and purchase of a service contract. all of these probably lotaling around S1.000.

In the hearing, the plaintiff made four arguments: (I) arbitration denies the right to jury Irial: (2) substantive due process is denied: (3) under the stated facts in the instant case. the defendants are non-parties to the arbitration clause but are the ones requesting arbitration: and (4) the aarbitration clause is (ilt,ll1y flawed. After noting the fo reJ{olng, Judge Sled"e then determined ilS (ollows: First: The court must agree that the contract stales Ihal it involves int.er$t(lte eomlllHce :uid thus the FAA must be applied. Jf an agrecmel1t exi~ts. it is subject to the FAA and ~ tate law is lIreempted.

Second: The issue I~ whether the: arbilt<ition clause: Is valid lind enforceable. In Uiis instance, because the dealer did not execute the purchll.se contract with the purchaser. there was no agreement to arbitrate.

Thi rd: fo:ven though the cou rt determined there was no agreement to arbitrate, the next issue is whether the doctrine of unconscionability voids the ilrbitralion clause. This delermination in Alab~ma rests on four fadors: (1) absence of choice on one p~rty: (2) are the contr(lctllal terms unreil50nilbly favo rable to one party: (3) was there unequal bargaining power between the !)<lrliC$: ilnd (4) ~'ere there oppressive, one-sided. unfair terms in the contract?

The court discussed all issues al length and then found the clause unc(lnscionable dllt to the inilbitity of the plilintiff to pay the initial fees of 5500 which could 110 up to 57.000. plus the daily costs which could be several hundred dollars per day.

The next question Is whether arbitration agreements violate public policy and deprive the plaintiff of constitutional rights. In respondi ng to this. the court first rejected plaintiffs aTilumcnt that the ~'M was nol intended by Congress to be applied in state court actions. Judge Sledge said that he had no choice on thi$ a~ the United St<itH Supreme Court has decided that it ~hould be so :lpplied. The next question WM whether the clause resulted in an involunt<iry waiver of right to jury trill1.

This W:lS answered negatively in this case as no jury trial had been requested.

However. on the question of due pr(l(:ess. he said Ih31 the J::leventh Ci rcuit in Dllvis v. Prlldl!nlial SI1C11rilic5, 59 ~:3d I) 86 () Itn Ci r.1985) held that "tht !$tat~! <icliOf'! element of a due process daim 1$ absent in private arbitrlllion casc~." ThiJl holdillg hns been criticized as Inhibiting dau actions. It will be fOUlid in many cases that debtors' clllim.! are too sm<ill taken by themselves lind, on major issues without substantial attorneys fees, Ihey would never be filed. Thus, if arbitration were enforced. the plaintiff would be prejt!diced agilinst tiling II class action.

Judge Sledlle then considered whether the arbitration r;:1,luse deprived Ihe debtor aece~~ to lhe bankruptcy court. Jr SO, it would result in it being void ns contrary to public IlOlicy. He equated this as being no different (rom agreements against fili ng bankruptcy ])etitions, which have been held to be unenforceable. He also touched upon agreements not to oppose 8 motion for relief (rom the ilutomatic stay, which sometimes are upheld and sometimes not. He ruled Ihal a debtor may waive the right to have an issue decided in the courts of bankruptcy. especially a~ 9 U.S.C. §IO provide~ for a limited review by the district court. Regardless, there is still the question of whether a mandatory arbitration clause creates an "inherent conflict" with the Bankruptcy Code. He discussed several cases. including the recent case of Paliidino /I.

AI/ncl Complllcr, 134 F.3d 1054 (11th

Ci T. 1998). in which the Eleventh Circuit held IhM II discrimination cll.~e under Title VII could go to arbitration if provided fo r under the employment agreement, but that arbitration cou ld allow damages only for breach of contrnct. Thus, in view o( the Paladino holding and the bankruptcy doctrine of swift adjudication of commercial disputes, he held Ihal thcr~ is an inherenl conflict between the FAA and Title 11.

Finillly, lhe COllrl held that I,Inder the (acts of thi5 ca~e. as the defendant is a non-signatory party, arbitration cannot be CO!ilpclled. Iii reaching this conclusion. he noted the case of McBra Plmlllillg & f)eu, Co. /I. Triangle c·lee.

F.2d 342 (l Ith Cir. 1984).

COllstr., 741

where it was held that a motion to compel arbitration by a non-5igniltory should be granted provided that such parties claims were very closely connected wilh the underlying contr<lctual obligations. lIe found thai this doctrine required one of two f:l ct patterns: one where the obligations o( the lion-signatory had been assigned to it bylhe contract which COlltained the lIrbitr<ition clause, and the other when the party who signed the contract raised issues of which it and the non-signatory were involved. He said there were no such filcts in this case and. therefore, declined to apply "'cOro. F'urther, he took comfort (or his ruling from an August 1998 opinion of Judge Acker of the Northern District of Alabama who held that the arbitrMiO!i clause W/l~ limited to disputes between the signatory buyer and dealer. (See /tiS Dealor Corp. /I. Franklin.) Finally, the court rejected any theory or third-party beneficiary being entitled to rely upon the arbitration clause, as not only 'Was there no enforceable agreement to arbitrate but. even i( so. it cou ld not be used by

,I

non-siRn~ tory.

Comment: The opinion i~ quite long. c(lve r~ many aspects. Md ~ho uld be helpful for one dIsputing the validity of an arbitration clause. It ,hould be no surprise that this case has been appealed to the district court and in all probability will reach the fo:leven th Circuit. Conceivably this could adversely react against the automobile dealers should the appellate courB embrace the opinion of Judge Sledge.

• It

The Alabama Center for Dis/lute Resolution wishes to thank the following mediatOrs Ivho /lerfonn ed /lro banD mediations in 1998: Helen} AI/ord, Ew/.

KayI.' M IJarl:...m~. M.S .• I..I' C .

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S. GibJ01, £$(/.

Brott L GordeIl,

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II . HoIxm GfOOInl , Jr .• Esq.

W,llimn K. Ikll,

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MIt141wn K. Berl(, /;ii/.

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A. H,WT(). Jr., Esq ,

J /I)n. RQget'

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AhneT R. 1'00t'!!lI, III , EJq. RobtTl F, I)ou.m, 8q , Caryl P. I'rll'!!!! , Esq. EllUl L. RW4!, Esq. /1 £111 .

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R~'Ynold:t,

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Ms . Anllt B. Isbell

JUltld H S(Jlldlin. BU! .

J Ion . John M. KUTTh

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Karl KIf'k/imd, Ph ,D.

OIW E. Sunou, I~sq,

Muleolm N Cmmichnd , EJq,

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/J()1111(J W. Smillie),. Esq.

J Ion. SII<t1f1 Ltoch

Mleha.!l D. Smuh, ES<I

Ph.U'/1 \'(1. ClIlmcc:Y, £lq ,

Rocco) Lrt., Esq.

II(ln John D, SlWdgrrus

jamcJ L. Clarke, Eu/ .

J Haran Loot,!.}r. , EJq.

Alyce M(luley Spruell, E<q.

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RQ//nc), A. Max, E$lI .

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l/tlll Fronk ,-" Md:tJ(/den

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SII'JI1ld N. Crosby. Esq.

Ed II Me:;ersor., £Jq .

Ilmi. Randall Th(l1M-l

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FOR SALE LAWBOOKS; Sllve 50 percent on lOw bookS. Call NetlCtlal Law Re$Ource, AmerIca's largest law book deeler, All aote guaranteed eKcelient and up·tooote. Your IIII tl afa~lIon abllolutely guarMtlled. We buy/~oIVappralsll . Phono (800) 886· 1800. Fax (312) 382·0323.

E-mail 11IwsluffOaol.com.

LAWBOOKS; WI'liam s. Heln & Co..

Inc" sorvlng tM IlJgal community for more then 70 yeO!S, Is stili your numbor one source for buying/seiling lawbooks, Save 50 to 70 per<:ent on single volumes, major 96tS, federal end alate, lorelgrvlnternall0nallaw, raralanllquarien law. Appraisal services avellablo. Phone (800) 496·4346. Fax (716) 883·5595.

Web slle: www.wsheln.comIusea-books.

POSITIONS OFFERED ASSOCIATE POSITION: Estobllshed, growing I(lw firm with corporate client baee seeking ettorneys with three to alx yeara' axperlence In lillg(llion or corporale law. Gcoct benel!ts, excellent long.torm coroer opportuni ty.

Con fidential Inquiries should be dlroct' ed to Hiring Manager, P.O. BOK 830, Montgomery 36 101-0630.

AS SOCIATE ATTORNEY: Thomas, Means, Gillis, Devlin, Robinson & Seay, P.C., with offices In AIIenta, Birmingham end lAonlgomery, Is accepting applications lor en attorney position In Montgomery. Three to fivo years of eKperlence In litigatIon, prefer· ably civil litlgetlon, required. Interested a1torneys may epply In writing by sending rosume, collegiate and law

SChOOl trenscrlpt end wrltlng ssmplo 10 Mr. John BaKer, ThOITl!l$, Metln$, GIllIs, Davlin, RobInson & Slay, P.C., P.Q. Drawor 5058, Montgomery 36 1035058, by e·mal! to jlbBkorClmgpc.com or by fecslmlle to (334) 260·9396.

LEGAL A5SISTANTIPARALEGAL: Plalntllt persona! Iniury firm (located In a beautiful historic home on the southside of Blrm lnghtlm) seeks:ne nelrl MVP to lOIn our dynamic team of legal a$$I$tants. Use your two-live years' law firm eXp&riellC& to e~par.ct and grow wtth us.

We value hard work and a posilivo ettltude en<:! believe In recognizIng the Importance of each end every member 01our loam. Continue your career as a legal assistant in a friend ly and open OlmosphOre where amployees work togethor to accompliSh tho goals 01 our tetlm.

Quellfled applicants should ItlX resume to (205) 933-7545.

ATTORNEY JOBS: Harvard Law School cells OUf pubUca1lon. 'Probsbjy the most CQITlprehen!31ve 80UrcEI of f\I'Illonwtde and IntarnaliOnallob openings received by our offloe and Shot.Jld be 1M strlrtlng point 01any job search by lawyars took· Ing 10 change jobs.' Each monthly Issuo contains 5OQ.6OO current (pubjlclprivate sec10r jobs). 545-3 months. 575-6 monlhs. Contact Legal Employment Allport, 1010 Vllrmont Avenue, NW, Suite 408·AB, Washington, D.C. 20005, Phone (800) 296-96t l , VIS8lMClAMEX, Web$lte: www,attomeyJ~s.oom, FIRM AND IN·HOUSE POSITIONS: Firms and corporations In Alabama and across the nation are seeking attorneys In the following areas: bankIng. corporate. employment. ERISA. IP, liligati on, taK. Parlnar end tlssociale lovel positions avaita~&. Strlclly confidential, Conla~t RlchOl'd G, Brock, eSQ, til SpecIal COllnsel, PhQnl3 (205) 870· 3330, e~t . 102. Fax (205) 870-3337 or e·mail lo richardOamicus-slafflng.com.

PATENT ATTORNEY: Firm wtth ostab· IIshed palenl practice seeks an attorney wilh tit l&tIet two years' experience In prepan'ltlon and proseculion of ptltents.

Send resume to Reeru~lng Coordinator, P.O. Bo~ 2087, Huntsvlle 35804.

ASSOCIATE Posm ON: Mid-sIzed Birmingham firm Ie seeking an associele with two \0 lllree years' e~porionce In bankruplCY o.nd comm0rci8llow, Satary tlnd benefits based upon e~ perlence, Send resuma to 1500 Urban Center Drtva, Suile 450, BIrmingham 35242. •

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