Kay Ivey appoints William B. Sellers to Alabama Supreme Court
Governor Kay Ivey on Thursday announced the appointment of William B. Sellers to the Alabama Supreme Court as an Associate Justice. “I am extremely pleased to appoint Will Sellers to the Alabama Supreme Court. I cannot think of an individual who is more qualified, capable and who exemplifies the qualities of a true public servant,” Ivey said. “His conservative principles and commitment to the rule of law along with his commitment to his family, church and community are foundations that make him uniquely qualified for the position of Associate Justice.” A native of Montgomery, Sellers earned a Bachelor of Arts Degree from Hillsdale College with high honors in 1985 and his Juris Doctorate from the University of Alabama School of Law in 1988. Later, he received his LL.M in Taxation from New York University in 1989. Prior to his appointment, Sellers served as a Partner in the city’s office of Balch & Bingham, LLP. A major part of his’ practice has involved litigation against the Internal Revenue Service and the Alabama Department of Revenue. Well known for his involvement in numerous civic organizations and professional associations, Sellers is the past President of the Rotary Club of Montgomery, past Chairman of the Montgomery Area Business Committee for the Arts, past Chairman of the United Way Campaign in the Montgomery Area and past Chairman of the YMCA of Greater Montgomery. He’s also an active member of Trinity Presbyterian Church, and currently serves on the Alabama State Council on the Arts, Chairman of the Fair Ballot Commission and as the community liaison with the International Officers School at Maxwell Air Force Base. He will fill the seat previously held by Chief Justice Lyn Stuart. His appointment is effective immediately. You can watch Thursday’s swearing-in ceremony below:
Kay Ivey appoints Lyn Stuart as Chief Justice of the Alabama Supreme Court
Following the resignation of suspended Chief Justice of the Alabama Supreme Court Roy Moore, Governor Kay Ivey appointed Acting Chief Justice Lyn Stuart to permanently lead the state’s highest court. Stuart is the first female Republican Chief Justice in the history of the State of Alabama. “To ensure a continuity of leadership and a smooth transition that keeps the ship of state steady, I have appointed Justice Lyn Stuart as Chief Justice of the Alabama Supreme Court,” Ivey said. “Chief Justice Stuart has served with honor and integrity on the high court for more than 16 years. I look forward to working with her as she now leads the judicial branch of state government.” A native of Atmore, Ala. Stuart received a Bachelor of Arts degree from Auburn University with high honor in 1977 and her Juris Doctorate degree from the University of Alabama in 1980. Her legal career includes stints as an Assistant State Attorney General, Special Assistant Attorney General for the State Department of Corrections, and as an Assistant District Attorney for Baldwin County. Stuart was elected a District Judge in 1988 and again in 1994. In 1997 she was appointed a Circuit Court Judge and was elected to the position in 1998. Since then, she’s been elected to the state Supreme Court three times — in 2000, 2006 and 2012. Moore resigned from the bench on Wednesday upon announcing that he was going to run for the U.S. Senate seat vacated by Jeff Sessions when he became U.S. Attorney General. “I also thank Roy Moore for his years of public service to the people of Alabama and wish him the best in the next step of his journey,” Ivey concluded. Stuart’s appointment is effective immediately.
Suspended Chief Justice Roy Moore announces he will run for U.S. Senate
Suspended Alabama Chief Justice Roy Moore says he plans to run for the U.S. Senate seat vacated by Jeff Sessions when he became U.S. Attorney General. Moore, who was suspended from the bench in September for encouraging probate judges to defy federal order and refuse marriage licenses to gay couples following a U.S. Supreme Court ruling, made the announcement Wednesday afternoon on the steps of the State Capitol in Montgomery. There he told reporters he’s resigning from his position as the Chief Justice of the Alabama Supreme Court to seek the post.. “I’ll stand for the rights and liberties of the people,” Moore said. Moore, is the first and only justice to have ever been twice suspended from the state Supreme Court. On Wednesday, he aligned himself with President Donald Trump telling the crowd he wants to make America great again. “My position has always been God first, family then country. I share the vision of President Donald Trump to make America great again,” Moore remarked. “We can make America great again, we’ve got to make America good again.” The deadline for candidates to qualify for the Senate run is May 17. The primary vote is August 15. The special election is December 12.
Jefferson County gets $25M for infrastructure, economic development
Some area leaders called it the luck of the Irish. On March 17, the Alabama Supreme Court ruled that Jefferson County can refinance nearly $600 million in school construction bonds and use $60 million in annual savings for area projects. The $60 million includes $36.3 million every year to Jefferson County, of which $25 million will go for road repairs and construction and the rest to furnish economic development incentives, according to county officials. Commission President Jimmie Stephens said the money will help with acquisition of land for industrial parks. “We must have the resources to be competitive and recruit new industry and grow jobs,” Stephens said. The money could be available during the 2018 fiscal year, which begins Oct. 1, 2017. The county is off to a strong economic start this year, with announcements that include a Publix Super Markets Alabama distribution center grand opening and global auto supplier Grupo Antolin’s plans to invest nearly $10.4 million to establish a manufacturing facility. County officials say there is potential for additional growth and revenue, after years of cutbacks, that can help the county reach its financial objectives. “Today’s Alabama Supreme Court ruling is the pathway to restoring Jefferson County’s government, albeit at a much smaller but more cost-effective footprint, without any new taxes,” County Commissioner David Carrington said. The court ruling on St. Patrick’s Day was cheered by a host of elected officials who pointed out that Democrats and Republicans supported legislation to refinance the debt. “It took teamwork to get this done,” said Stephens. “It took a collaborative effort, communication, cooperation and coordination. … I am proud of what we accomplished as a team. I am grateful to the (legislative) delegation and our commissioners.” State Sen. Rodger Smitherman, D-Birmingham; state Rep. Jack Williams, R-Vestavia Hills, and state Rep. David Faulkner, R-Homewood, were among the bipartisan group of lawmakers who joined Stephens, county commissioners and transit officials at the press conference. “This gives us a chance to show what happens when we work together,” Smitherman said. “This is a model, and I hope this model continues to move forward because there is strength in all of us working together.” The $60 million in annual savings from refinancing the debt includes $18 million each year for schools, based on enrollment. That means an estimated $6.3 million annually for Jefferson County Schools and $4.1 million annually for Birmingham City Schools. In addition to the county government and schools, Jefferson County legislators will get $3.6 million to split up in their districts for fire departments, libraries, school grants and sidewalks; the Birmingham-Jefferson County Transit Authority will get $2 million a year for 10 years; and the Birmingham Zoo will get $500,000. “Other than Dec. 3, 2013, the day the county exited Chapter 9 bankruptcy, today is a very, very good day for the citizens of Jefferson and surrounding counties,” Carrington said. This story originally appeared in The Birmingham Times.
Special Alabama Supreme Court agrees to expedite Roy Moore appeal
Last month, suspended Alabama Chief Justice Roy Moore asked the asked the special Alabama Supreme Court assigned to hear his appeal to expedite the process. The special Alabama Supreme Court, made up of retired judges, last week agreed to Moore’s request and has since set oral arguments for April 26. Moore was suspended from the bench for the remainder of his term in September for encouraging probate judges to defy federal order and refuse marriage licenses to gay couples. The nine-member Alabama Court of the Judiciary (COJ) unanimously found Moore guilty on six charges relating to violations of the canon of judicial ethics, and issued his suspension, leaving him without income or benefits since September 30, 2016. “The injustice and the illegality of the penalty imposed cry out for an early resolution of this matter,” read Moore’s motion to expedite the appeal. “Chief Justice Moore did nothing wrong and should have never been charged. To allow a precedent that punishes Alabama judges based on political whims will completely undermine our system of justice,” said Mat Staver, Moore’s attorney and Founder and Chairman of Liberty Counsel. “In this case, the Judicial Inquiry Commission violated the rule of law and the Court of the Judiciary also violated clear law by imposing a suspension for life when it lacked a unanimous vote to remove. We are seeking justice for both wrongs. Chief Justice Moore deserves justice, and a favorable resolution in his case will benefit all Alabama judges.”
Alabama Supreme Court allows lawsuit against Austal to proceed
The Alabama Supreme Court on Friday said employees of Austal shipyard in Mobile, Ala. may proceed with their lawsuit against their employer. Last month, Austal employees filed a lawsuit against their employer claiming the company intentionally endangered them by forcing them to use the cutting tool nicknamed the “widow maker” that managers knew to be dangerous. Austal responded by appealing to the state’s Supreme Court to stop the suit. The suit claims Austal “made the conscious and deliberate decision to intentionally injure its workmen” saying the company didn’t want to go to the trouble or expense of finding a safer tool. In their opinion, the justices said this was hard to believe, but that they could not rule out the possibility of it being true. “That allegation — that a company would deliberately injure multiple specific employees — is so shocking that it invites skepticism,” read the opinion.”Nevertheless, our standard of review does not permit this Court to consider the plausibility of the allegations… The plaintiffs are entitled to at least limited discovery on the issue whether their claims are subject to the exclusivity provision of the LHWCA. Thus, Austal has not shown a clear legal right to a Rule 12(b)(6) dismissal.” At least 53 Austal workers have been injured by the “widow maker,” losing fingers and suffering deep gashes on their faces, necks and arms, according to injury logs dated between January 2011 – March 2015, which were obtained by The Center for Investigative Reporting.
Ala. Supreme Court allows wrongful-death lawsuit after miscarriage
The Alabama Supreme Court on Friday reversed a trial judge’s order that dismissed a wrongful-death claim against a woman who filed a lawsuit against an obstetrician after a miscarriage when she was five to six weeks pregnant. In the civil case, Kimberly A. Stinnett v. Karla G. Kennedy, M.D., Stinnett was suing Dr. Kennedy for the wrongful-death of her unborn child. Two days after she found out she was pregnant, Stinnett experienced abdominal cramping and fever. Kennedy was concerned that Stinnett was experiencing another ectopic pregnancy and performed a procedure to end the pregnancy. It was later discovered in the operative report, the pregnancy was in fact uterine and there was “no evidence of ectopic pregnancy.” The Justices reversed the lower court’s ruling citing a state law making it a crime to kill or harm “an unborn child in utero at any stage of development.”
Alabama Supreme Court says state can seize over 800 Greenetrack bingo machines
The Alabama Supreme Court has reversed a lower court and says the state can seize more than 800 electronic bingo machines from a west Alabama gambling hall. The unanimous decision released Friday involves the Greenetrack gambling facility, located in Greene County southwest of Birmingham. The justices say that 825 machines confiscated from Greenetrack amount to illegal slot machines under state law. The justices rejected arguments that the machines are legal under laws that regulate bingo games. And they cited a previous ruling which said it’s time to enforce Alabama laws against electronic gambling machines. The decision overturns a lower court ruling which ordered the state to return gaming machines seized in 2010. That judge said the machines complied with a local constitutional amendment authorizing electronic bingo machines in Greene County. Republished with permission of The Associated Press.
Marriage group files ethics complaints against Alabama Supreme Court Justice Mike Bolin
Adding to their ever-growing lists of complaints against Alabama Supreme Court justices, the Sanctity of Marriage Alabama (SOMA) filed an ethics complaint against Justice Michael “Mike” Bolin. SOMA, the same group that filed complaints against suspended Chief Justice Roy Moore and Acting Chief Justice Lyn Stuart, filed the complaint Monday with the Alabama Judicial Inquiry Commission (JIC) saying Bolin blatantly disregarded the Canons of Judicial Ethics by failing to disqualify himself from proceedings in Moore’s case. The group also says all Alabama voters should write-in an honorable attorney instead of Bolin at the polls on Tuesday. “Justice Bolin has recently recused himself from Moore’s appeal,” said Tom Ford, spokesman for Sanctity of Marriage Alabama, “however, he failed to do so in May of 2016 where his impartiality was equally questionable. Why the attempt to save face now? No Alabamian can expect a fair trial at the Alabama Supreme Court with acting Chief Justice Lyn Stuart and Mike Bolin heading the group.” In March of 2016, Justice Bolin joined a portion of Justice Greg Shaw’s opinion condemning Chief Justice Moore’s stance in a gay marriage case, the group explains. Later that opinion was used by the JIC in an effort to oust Moore. “That opinion was used by the Judicial Inquiry Commission and radical leftists in their crusade to oust Chief Justice Moore,” according to SOMA’s press release. In May 2016, Justice Bolin failed to disqualify himself from the ethics proceedings against Moore, but in Sept. 2016 suddenly recused himself from hearing Moore’s appeal. “Perhaps to save face,” the group surmises. “Justice Bolin does not deserve the vote of the people of Alabama on Tuesday,” Ford continued. “Conservative voters have been betrayed ever since the day Justice Bolin gave Alabamians and conservatives the cold shoulder by joining the Southern Poverty Law Center in condemning Chief Justice Moore for legally defending the conservative platform. Love or hate Chief Justice Moore, all voters of all parties should be outraged by Justice Bolin’s unethical and political handling of the case.” Ford concluded, “As Justice Bolin is unchallenged on Tuesday, we urge all Alabamians to refuse to give Justice Bolin your vote and write-in an honorable Alabama attorney for Associate Justice of the Supreme Court Place No. 1.” Alabama Today’s efforts to reach Bolin for comment were unsuccessful.
Judges to be picked Thursday for suspended Alabama Chief Justice Roy Moore’s appeal
Seven judges will be named this week to hear suspended Alabama Chief Justice Roy Moore’s appeal. Alabama Supreme Court Acting Chief Justice Lyn Stuart says the judges will be randomly selected among a pool of 50 of retired appellate, circuit, and district judges. In September, Moore was suspended from the bench for the remainder of his term for encouraging probate judges to defy federal order and refuse marriage licenses to gay couples back in January. Moore’s colleagues on the Court recused themselves on Monday from hearing Moore’s appeal themselves, citing their impartiality might come into question. The appeal judges will be selected in a public proceeding at the Heflin-Torbert Judicial Building at 3 p.m. Thursday.
Panel of retired judges to hear suspended Chief Justice Roy Moore’s appeal
Alabama Supreme Court justices have recused themselves from hearing their colleague’s — suspended Chief Justice Roy Moore‘s — appeal, opting for a panel of retired judges to be randomly selected to hear the appeal instead. The justices recused themselves on Monday, by a 5-3 vote, from hearing Moore’s appeal, citing their impartiality might come into question. “Because the justices have personal knowledge of the facts and circumstances underlying this appeal, this appeal presents a situation in which all the justices’ impartiality might be questioned,” the majority wrote. It was then decided the names of 50 judges would be drawn randomly from a pool of retired appellate, circuit, and district judges by Acting Chief Justice Lyn Stuart and Gov. Robert Bentley. The first seven pulled, who are both qualified and willing, will serve as a special Supreme Court to hear Moore’s appeal. Earlier this month, Moore had filed a request seeking the recusal of his colleagues. Liberty Counsel Founder Mat Staver released this statement following Monday’s decision: Chief Justice Moore is merely asking for the same thing any citizen is entitled to receive — equal justice under the law. He wants his case to be heard by an objective and fair panel of judges who will adhere to the rule of law. The people of Alabama have increasingly called upon their judges to be accountable. At every turn, this case presents new twists and turns that have never occurred in the history of Alabama. Never has there been a requirement that replacement judges all be retired. We hope this case moves quickly to a final and just resolution. The Court of the Judiciary violated the law when it suspended Chief Justice Moore for life even though it lacked the 9-0 vote. Never before under the unanimity requirement of COJ Rule 16 has any judge ever been suspended for the rest of the term. A sexting judge gets six months and a judge who writes a four-page order that is not unethical or unlawful gets suspended for life. This is not right. In September, Moore was suspended from the bench for the remainder of his term for encouraging probate judges to defy federal order and refuse marriage licenses to gay couples back in January. The nine-member Alabama Court of the Judiciary (COJ) unanimously found Moore guilty on six charges relating to violations of the canon of judicial ethics, and issued his suspension from the bench. Moore is in the process of appealing the COJ’s decision.
Roy Moore refuses to clear personal items out of courthouse office
Following his removal from bench, suspended Alabama Chief Justice Roy Moore ignored a Tuesday evening deadline to clear out his Montgomery courthouse office, and as of Thursday has yet to tackle the task. Moore doesn’t believe acting Alabama Chief Justice Lyn Stuart has the authority to make the request of him. His lawyers have asked the Alabama Supreme Court to overrule Stuart, saying the request is premature given Moore is appealing his suspension. “When you are suspended from office, you are not removed. We are appealing it,” Moore said. In September, Moore was suspended from the bench for the remainder of his term for encouraging probate judges to defy a federal order and refuse marriage licenses to gay couples.
