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Alabama Elections Directory 2006

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Monday, February 13, 2006

Monday Quick Takes

--Another Baptist church fire...

-- Riley leading Moore 56-28 in GOP primary poll...

-- State Rep Oliver Robinson drops his State Sen bid due to illness. Incumbent State Sen Sundra Escott still faces a challenge from State Rep Linda Coleman.

-- State House GOP's hardball tactics gain notice...

-- Tom Parker's latest controversy...

-- Advertiser profiles Barry Mask and Bobby Payne before Feb 28 State House special election...

-- JeffCo Commissioner Mary Buckelew (R) won't run for re-election. State Rep Bobby Humphryes (R) now the favorite?

-- Hilbun Adams announces his bid for Lt Gov. Hey, he's never heard of you either.

Feel free to discuss any of the above or whatever political news is on your mind.

93 Comments:

Anonymous Anonymous said...

Do you get the feeling when considering Parker's latest gaff that there should be psychological testing of a judicial candidate before placing him on the bench?

5:35:00 AM  
Anonymous Anonymous said...

Real Repub, maybe there should be psychological testing of you?

7:20:00 AM  
Anonymous Anonymous said...

The Gordon article on Parker is incoherent. Something big has been left out that would put the story in context. The article just doesn't make sense as is; it's inconsistent even on the small things. For example, it says that Parker's statement was 14 pages long, yet also calls it: "terse". A fourteen-page statement isn't terse, even for a lawyer.

I think there are two logically possible explanations. The first is that Gordon was ordered to cover a story that was too difficult for him to understand, and his lack of understanding is showing. The other possibility is that the story was designed as a hit piece that didn't work very well when tried out; because the facts didn't match the spin, the article has been redacted, leaving little more than muddle.

Of course, given the state of the media today, both of these options could be true at the same time.

9:04:00 AM  
Anonymous Anonymous said...

The Montgomery ADvertiser reports the imminent closing of Montgomery Mall and says it is due to drugs, thugs (well you get the picture). the montgomery advertiser also reports one of montgomery police departemtn officers was running a dope ring and got arrested.
Montgomery advertiser reports today that Crime is on the Rise and publicschools are not worth attending in my opion.

9:19:00 AM  
Blogger Don said...

I first became aware of Hilbun Adams (either Ralph “Shorty” Price re-incarnated or the Don Quixote of Alabama politics) on January 26 thanks to, I believe, Zac’s Alabama Elections Directory 2006. I contacted him by email through his website and told him about my effort to help bring Initiative and Referendum to Alabama and asked him to take a look at www.doctoriq.com/index.html. The next thing I knew he phoned me, so he has heard of me. His reply to the question I am posing to candidates has been included in my report on candidates @ www.doctoriq.com/report.htm for the last three days.

9:29:00 AM  
Anonymous Anonymous said...

Thanks, Don. A blog of candidate positions and comparisons of those would be welcome.

10:28:00 AM  
Anonymous Anonymous said...

The "profiles" of Mask and Payne constitutes some of the worst reporting I've seen.

10:38:00 AM  
Anonymous Anonymous said...

What are the facts of the Parker recusal?

11:11:00 AM  
Anonymous Anonymous said...

Parker was asked to recuse because one of the lawyers on the case was a first cousin. Ethical rules seem to prohibit a judge from presiding over a case in which a member of the close family has a financial interest in the outcome. Most judges I know would recuse if a first cousin were an attorney on the case.

In any event, Parker did not recuse himself when the case was heard. It was on a motion for reconsideration that the issue as pressed and Parker responded. It sounds as though the tone of his order was not very judicious.

11:58:00 AM  
Anonymous Anonymous said...

I don't get why Tom Parker did not recuse himself originally. Especially since he said that, "he had planned to recuse himself all along to avoid the appearance of impropriety." Well if he planned to, then why didn't he?

I also really like this one:
"I will not condone similar actions by other parties that come before this court in the future."

What's he gonna do?

But seriously, I have a feeling that I know what happened here. My guess is that no one brought the relationship to the attention of Parker upon initial review, and that his failure to recuse was an honest oversight. An embarassing oversight, but an honest one. Parker's anger was probably due to the fact that the attorney cited the Cannons -- in the Parker/Moore persecution-complex mindset this would imply a threat -- rather than politely requesting Parker's recusal.

This is just a guess, but it makes sense to me.

12:15:00 PM  
Anonymous Anonymous said...

I heard that what really made Parker mad was that somebody leaked the issue to the press before he got a chance to "remember" that the lawyer was his first cousin. His recusal leaves the case tied 4-4 (unless one of the other Justices changes his mind on rehearing). A special judge will have to be appointed to break the tie.

12:24:00 PM  
Anonymous Anonymous said...

I've just finished comparing the original motion for recusal, Parker's response to it, and the Birmingham News story. The News report is so inaccurate and distorted that I believe the bungled "hit piece" explanation makes the most sense. Let me explain.

The attorney who petitioned for Parker's recusal claimed the Canons of Judicial Ethics required Parker to recuse from judging the case because his cousin was a lawyer for one of the parties (the City of Hueytown). The attorney simply asserted this; he did not quote any language from the Canons to this effect.

Parker, by contrast, actually quoted the applicable Canons. I have verified those quotes for myself, and they are accurate. The Canons do _not_ say judges whose relatives are attorneys for parties must recuse.

Instead, recusal is required by the Canons only where the relative "is named a party to the proceeding, or an officer, director or trustee of a party" or where the relative is likely to be a material witness or to have a [financial] interest that could substantially be affected.

Parker's cousin had no interest in the outcome of the case, was not a witness, and was not a party to the case or an officer, director, or trustee of a party. Parker pointed out that his cousin did not fall under these legal requirements for recusal then reviewed several Alabama Supreme Court cases that showed how the Court had previously held that judges were not required to recuse where the attorneys were fathers, sons, son-in-laws, etc.

In so doing, Parker made a convincing case that there was no legal requirement for him to recuse, which is why he did not do so. He explained that he nonetheless had decided to recuse on the application for rehearing in the case, however, to "avoid the appearance of evil," because there was a conflict between the law and several non-binding advisory opinions of the Judicial Inquiry Commission, which had mistakenly counseled some judges that recusal was required if an attorney for one of the parties was a cousin.

Parker elected to recuse in the rehearing "to give this Court an opportunity to rule definitively on the conflict" between the text of the law and court precedents on the one hand and the JIC advisory opinions on the other.

Parker explained that he planned to recuse in this way without public statement until the conflict was resolved but elected to make a public statement because one of the tobacco wholesalers who lost the case in the Alabama Supreme Court tried to manipulate the process by reporting the recusal motion and the claim of violation of the ethics standards to the media while the Court was still ruling on the application for rehearing.

This "unprecedented" effort to use the media to apply pressure in an attempt to manipulate the outcome of a case was what Parker referred to when he stated, "Such impropriety should not be overlooked or allowed to continue. I will not condone similar actions that come before this Court in the future."

The tobacco wholesalers' attempt to influence the case by manipulating the media is the "something big [that] has been left out that would put the story in context." This is the reason for Parker's recusal statement. it is the story behind the story.

What is astonishing to me is that even though the media know they are being used in this way they are so eager to attack Parker that they don't mind being used and abused so transparently.

Before I learned what happened with this story I thought my opinion of the so-called mainstream media couldn't be lower. I'm sorry to report that I was wrong; my view of the media is now even lower.

1:50:00 PM  
Anonymous Anonymous said...

Besides the tobacco wholesalers' improper effort to manipulate the Court through the media, the other thing Parker was concerned about the timing of the recusal motion, which was made after the Court issued its original decision and not before.

It appears that the tobacco wholesalers were aware of that one of the attorneys was Parker's cousin but they decided to wait until the outcome of the case to file the recusal motion.

That way, if Parker happened to support their side, they would win with his vote and never make the motion for recusal, but if the outcome was close (as it was, 5-4) and Parker's vote made the difference, they could have another shot at it by asking for his recusal after the case was decided.

As Parker pointed out, this kind of timing is highly suspect. In fact, it creates an ethical cloud not on Parker but on the attorney that chose to play that game in combination with the media pressure effort.

2:04:00 PM  
Anonymous Anonymous said...

Leave it to Tom Parker to grab the spotlight from someone of similarly challenged character: Hank Irwin.

2:54:00 PM  
Anonymous tom parker said...

yall remember pastor john, the wacko blogster? I think he is rich hobson.

3:02:00 PM  
Anonymous Parker4ChiefJustice said...

Pretty funny to hear Parker complain about someone "manipulating the media."

3:14:00 PM  
Anonymous Anonymous said...

Rich Hobson knows how to use a computer?

3:19:00 PM  
Anonymous Anonymous said...

Maybe y'all can decide for yourselves. Here is what Canon 2 of the Canons of Judical Ethics says:

APPEARANCE OF IMPROPRIETY IN ALL HIS ACTIVITIES.
A. A judge should respect and comply with the law and should conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
B. A judge should at all times maintain the decorum and temperance befitting his office
and should avoid conduct prejudicial to the administration of justice which brings the judicial office into disrepute.
C. A judge should not allow his family, social, or other relationships to influence his
judicial conduct or judgment. He should not lend the prestige of his office to advance the
private interests of others; nor should he convey or permit others to convey the impression that they are in a special position to influence him. He should not testify voluntarily as a
character witness at any hearing before any court, or judicial or governmental commission.

...

C. DISQUALIFICATION:
(1) A judge should disqualify himself in a proceeding in which his disqualification is required by law or his impartiality might reasonably be questioned,
including but not limited to instances where:
(a) He has a personal bias or prejudice concerning a party, or
personal knowledge of disputed evidentiary facts concerning the proceeding;
(b) He served as a lawyer in the matter in controversy, or a lawyer
with whom he previously practiced law served during such association as alawyer in the matter, or the judge or such lawyer has been a material witness concerning it.
(c) He knows that he, individually or as a fiduciary, or his spouse or
minor child residing in his household, has a financial interest in the subject
matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(d) He or his spouse, or a person within the fourth degree of
relationship to either of them, or the spouse of such a person:
(i) Is named a party to the proceeding, or an officer, director, or trustee of a party;
(ii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(iii) Is to the judge’s knowledge likely to be a material witness
in the proceeding;
(2) A judge should inform himself about his personal and fiduciary financial interests and should make a reasonable effort to inform himself about the personal
financial interests of his spouse and minor children residing in his household.
((c) “Financial interest” means ownership of a legal or equitable interest, or a relationship as director, advisor, or other active participant in the affairs of a party)

If I were a judge, I think I would have at least disclosed the relationship up front and sought a waiver on the record of the case, or more likely, would not have taken a chance on the appearance of impropriety. But, hey, that's just me.

4:11:00 PM  
Anonymous Anonymous said...

why is ron sparks being investigated? i heard this at the courthouse this morning....

4:44:00 PM  
Anonymous Anonymous said...

I love how some people are trying to stir up a Ron Sparks broke the law frenzy. Unfortunately, they are all broken hearted that no one will take notice. Maybe you can all get Alley to run again and get beaten again in November. Good luck with that.

12:57:00 AM  
Anonymous Pastor Butt Flu said...

Montgomery has the highest AIDS rate in alabama. It is not surprising. The legislature is in session, money is flowing like night of joy perfume and everybody is getting screwed. Of course there is no protection for this beast.

9:03:00 AM  
Anonymous Ron Spark said...

A corporation can give me at most, only $1,500 during an election cycle.

$500 for the primary.

$500 for primary runoff if candidate is in the runoff.

And $500 for the general election if the candidate advances to the general election.

$2,000 is obviously in excess of the total limit.

But wait, I have no primary opposition, and therefore no runoff, my total max corp contribution can be only $1,000. I broke the law, please prosecute me. for once in alabama will someone not turn a blind eye to political corruption

9:06:00 AM  
Anonymous Anonymous said...

Zac, can you please remove rainman from this site? his ron sparks rant has been taking up unnecessary space on every topic for two weeks.

10:06:00 AM  
Anonymous Anonymous said...

well sparks did break the law. we want to know why?

12:27:00 PM  
Anonymous Anonymous said...

Could only be a coincidence but word is circulating that Glenn Murdock has been telling fellow judges and anyone else who is around that he is embarrassed by Tom Parker's support and did not seek it, authorize it, or desire it.

3:48:00 PM  
Anonymous Bad Judge Parker said...

My opinion of Glenn just went up a little bit.

4:29:00 PM  
Anonymous Anonymous said...

Your opinion of Glenn went up? Glenn will say anything to anyone to get elected. He tells the Moore folks one thing, the business community another. This is typical Glenn who is completely unable to make a decision which is why his collegues on the court want him off! Glenn is probably getting campaign advice from brokeback mountain campaigner staffer, Bill Smith. Wonder how that will go over with a vote on the same-sex marriage amendment!

5:24:00 PM  
Anonymous Anonymous said...

Progress PAC and the BCA hired Brokeback Bucko Bill to run Lynn Stuart and Drayton's campaign this time. You would think from his poor work for them in Jean Brown's campaign that they would have sent him back to the ranch. But maybe practice makes perfect. I wish they knew how to quit him.

8:02:00 PM  
Anonymous Anonymous said...

Sparks must be showing up in polls as a real threat to Republicans. That certainly would warrant them going after him.

10:12:00 PM  
Anonymous Anonymous said...

"This is typical Glenn who is completely unable to make a decision which is why his collegues on the court want him off!"

The poster above who wrote this is a complete idiot. Have you read Glenn's opinions? He has the strongest and most well-reasoned opinions of anyone on the bench. It is amazing the number of times he has dissented from an opinion, and when the case is taken up by the Supremes, they reverse the Court of Civil Appeals and adopt his dissent as their own opinion. His writings in the area of domestic relations and child custody set the standard. The state judiciary would be better off if all of its courts were staffed by judges of Glenn's intellect and dedication. Obviously, both the business community AND the Moore people agree on that, since both are supporting him and cold-shouldering his primary opponent.

The idea that Glenn will "say anything to get elected" is one of the stupidest things I've ever heard. Glenn is one of the most principled individuals I know. He has taken very firm stands on the issues. Indeed, his strongly-worded opinions speak volumes about his views on the issues important to the judiciary and to judicial candidates. Anyone who says otherwise is ridiculously out of touch.

A note to the smart-ass who wrote the sentence appearing at the beginning of my post: Don't talk like you're on the inside when you're not. You look like an idiot to those of us who really are on the inside.

12:34:00 AM  
Anonymous Anonymous said...

You weren't speaking to me but puhleeze don't try and tell us it takes a great deal of time and effort to dispose of mostly "ore tenus" presumption cases. It is well known that Glenn Murdock is the second slowest judge in the appellate system coming in behind his buddy, Tom Parker. Ask any judge or justice: ask any law clerk or staff attorney.

6:28:00 AM  
Anonymous Anonymous said...

If he is the second slowest, then why is his caseload the second lightest on the Court of Civil Appeals, given that all of the judges on that court are assigned the same number of cases each week? As for the nature of the cases, the majority are not ore tenus presumption cases. Even those that are take a great deal of time and effort. If you need any more proof that Judge Murdock is an incredibly dilligent judge who spends a lot of time and effort on the cases before the court, you should look no further than the sheer volume of special writings he publishes.

11:01:00 AM  
Anonymous Anonymous said...

Murdock is a pain to work with. Ask anyone who has campaigned with him. He can't make a decision. Sure he may have lengthy writings, but that is because instead of telling you the time, we wants to tell you how a watch is made. Most lawyers and judges find him frustrating to deal with. Heck, he tried to run in 2004, but he was told that we wouldn't get support for all of these reasons. Justice delayed is justice denied; any number of lawyers will tell you Murdock is the poster boy for delay.

12:03:00 PM  
Anonymous Anonymous said...

So what's changed in the last year and a half that he's got all of this support now? And from your "watch-maker" comment, I gather that you haven't actually read his opinions, becauase anyone who has knows your statement to be patently untrue. Anyway, my reference to his writings was not to their length, but to the fact that there are so many of them and that they are very well reasoned.
And as for your "justice delayed" comment -- I'd rather have a judge produce a correct result that is soundly supported than a fast result that is wrong and has no support. Delayed justice is better than no justice at all.

12:20:00 PM  
Anonymous Anonymous said...

I am butting in again but what has changed is that two years ago he was promised business support this time if he wouldn't run and mess up the races of Bolin and Smith. time to reluctantly pay off the debt. And too, the business folks were caught off balance when Brown decided to go for the open seat. They wanted Brown to run against one of her former colleagues and friends either Lyons or Woodall which she flatly refused to do. The Parker/Moore support for Murdock? Gee, I just can't imagine why.

1:32:00 PM  
Anonymous Anonymous said...

In reference to the "lightest caseload" stsement above wasn't Murdock's caseload lightened by his fellow judges as an internal admonishment for not working very hard? I heard they refused to let him vote on anyone else's cases until he got back on par with the court average. I would suggest that his office might do better if they weren't running his campaign out of his civil appeals chambers and were doing what they are paid by the taxpayers to do: dispose of civil cases.

1:48:00 PM  
Anonymous Anonymous said...

"In reference to the "lightest caseload" stsement above wasn't Murdock's caseload lightened by his fellow judges as an internal admonishment for not working very hard? I heard they refused to let him vote on anyone else's cases until he got back on par with the court average."

Wow. That's the dumbest, most ill-informed statement I think I have ever heard. Murdock has the second-lightest load because he issued the second highest number of opinions on the Court. I have never heard that he was admonished by the other judges on the court for anything. I can only assume that you made that up because you have some axe to grind with Murdock. Why the baseless character attacks on the man? If you have some real grievance with him, please let us know what it is and stop making things up and posting them anonymously on a blog.


"I would suggest that his office might do better if they weren't running his campaign out of his civil appeals chambers and were doing what they are paid by the taxpayers to do: dispose of civil cases."

That's just down-right low. Do you have any such proof? Given the pace with which his office is issuing opinions, I would suggest that you have no clue what you are talking about. Again, if you have some legitimate problem with Glenn, then tell us about it. Stop telling lies about the man.

2:21:00 PM  
Anonymous Anonymous said...

"If you have some real grievance with him, please let us know what it is and stop making things up and posting them anonymously on a blog."

How about if you actually have any factual evidence to back up your clear favoritism to the Murdock campaign, you stop posting anonymously... or are you writing this from his clerk's desk?

3:00:00 PM  
Anonymous Anonymous said...

Actually, I don't favor Murdock. Nor do I work for him. He's a friend, and I don't like it when ignorant people like you spread lies about my friends.

I like Jean Brown as well. I think she was an excellent justice on the Supreme Court, and I would love to see her on that Court again. My only lament is that there's only one open seat. I haven't decided how I'm going to vote yet. If you have any lies that you would like to tell about Jean, I'll defend her as well.

3:13:00 PM  
Anonymous Anonymous said...

Obviously, Bill Goolsby can't get over his obsession with Murdock. That's either because he has "Johnson" envy, or because he is acting as the de facto shill--er, campaign manager for Jean Brown's campaign.

Maybe we'll all see it when the next reports are filed, but something tells me he isn't doing all this ranting and character assassination pro bono.

If he wants to continue this, let him make more of an ass of himself than we all know he already is.

As for the accusations about Judge Murdock's record, PLEASE try that stunt in official Jean Brown campaign communications, Bill.

You'll only fire up (yet again) the conservative grassroots people who rejected her last cycle or you'll land her before the JIC as Harold See did when he made outlandish and misleading charges against Roy Moore in 2000. Pick your poison, Bub.

Now, if this isn't Goolsby making some of these "insider" attacks, then the people on staff for a few of the justices upstairs need to watch out. Playing these kind of games will get your bosses burned and you torched. There are a lot of loose lips within the judicial building and tracing these posts aren't hard to do.

4:00:00 PM  
Anonymous Anonymous said...

Wow! Murdock is so concerned about his poor record that he has an enforcer to check blogs like this? People will be torched and burned? We tremble in fear of the great Murdock and his internet search and destroy squad. The only person using the term "loose lips" would be brokeback cowboy and Murdock campaign manager Bill Smith. Billy - go back to working on the gay marriage amendment. It will be on the ballot and with your close association with Murdock, you'll be toast and will have run yet another losing campaign. Here's looking at you kid.

4:35:00 PM  
Anonymous Anonymous said...

Rather subterranean of posters to suggest that Jean Brown or anyone connected to her campaign would spend valuable campaign time in here trading blows with Glenn Murdock or his judicial staff who really should be working and are only shooting blanks anyway. Her problem is that she has always run clean campaigns and refused to return fire and sling mud back which I hope her staff doesn't allow to happen again with what is sure to be another Jere Beasley style slander effort from Murdock. Murdock is apparently all cannon, no powder.

4:41:00 PM  
Anonymous Anonymous said...

Subterranean to suggest that Jean Brown's campaign staff would be in here posting. Not subterranean to suggest that Glenn Murdock's campaign or judicial staff would be in here posting. Hmmm.

5:08:00 PM  
Anonymous Anonymous said...

"Murdock is all cannon, no powder." I guess all the contributors agree, huh?

5:13:00 PM  
Anonymous Anonymous said...

You know what I find really interesting about this particular round of comments? It is how much that Tom Parker and Glen Murdoch seem to be so intertwined in everyone's thinking. Is it just me or is there some real connection between them on one or more levels? Is Murdoch part of the rumored Moore ticket that Parker and others are supposedly putting together to take over every branch of state government?

5:39:00 PM  
Anonymous Anonymous said...

Sorry about above. I should have said, "All cannon, wet powder".

5:42:00 PM  
Anonymous Anonymous said...

I'll play. All cannon, bad aim!

5:43:00 PM  
Anonymous Anonymous said...

Murdock is part of a Parker ticket. Because the BCA and the JCARC support Parker-type candidates. Right.

Stop making up rumors, infant. It's very low rent.

5:47:00 PM  
Anonymous Anonymous said...

Well now that you bring it up didn't the business community pay off Parker's debt after he defeated his opponent in the Republican primary?

6:47:00 PM  
Anonymous Anonymous said...

After Parker beat your boss, the business community had three options. Support Parker, support Robert Smith, or stay out of the race. I'm sure it wasn't an easy decision, and I'm not sure I would have made the same one they did, but you are correct. They sided with Parker. Let's see who they support if Parker decides to run against Nabers. Bets, anyone?

7:51:00 PM  
Anonymous Anonymous said...

Goolsbey, calm down and rethink your tirade and try and make it make a bit of sense. What do you have against Bill Smith? Did he turn down representation of your candidate, is it Brown? Is that why you can't stop insulting him? Or Murdoc. If he is no possible threat to you and yours--and how could he be with the facts as you describe--why do you keep attacking him on this forum? Are there some polls out there that have you very, very worried? No idea myself. Just wondering out loud. Play nice now.

9:48:00 PM  
Anonymous Anonymous said...

Although I don't care for people telling us that God told them to do something the Hilburn Adams guy sounds interesting.

12:44:00 PM  
Anonymous Anonymous said...

I wish Jean Brown had had Bill Goolsby two years ago. And Glenn you wish you had him now because you tried to hire him to run your effort this year. Sour grapes perhaps?

9:02:00 AM  
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