Circuit Court Judge Tamara Harris Johnson under fire for unreasonable delays
“Justice delayed is justice denied,” British prime minister William E. Gladstone stated in an 1868 speech. Our American justice system is predicated on the idea that a key component of fairness for the accused and the state alike is the timely consideration of facts, motions, and even the timeliness of a trial itself. Early last week, David Roberson and his wife Anna Roberson filed an order asking the state supreme court to compel Circuit Court Judge Tamara Harris Johnson to rule on the pending motions related to their case against Drummond Coal and Balch & Bingham law firm. The filing (Petition for Mandamus V1) lays out their case for action from the supreme court saying, “Under Alabama law, a delay of more than six months in deciding a matter is presumptively unreasonable. Indeed, every judge must file a report, twice yearly, listing all “matters which have been under submission or advisement for a period of six months or longer.” Ala. Canons Jud. Ethics 3(A)(5). For any “matter or case” listed, “the report shall give … the reasons for the failure of the judge to decide such matters or cases.” 3 Adding insult to injury for her overdue delays, Judge Johnson filed a fraudulent affidavit stating that she didn’t have any cases that had been held over longer than six months. The motion states, “Under the Alabama Constitution, “justice shall be administered without … delay.” Ala. Const. § 13. The Rules of Civil Procedure secure the right to a “speedy … determination,” Ala. R. Civ. P. 1(c), and the Canons of Judicial Ethics require a judge to act “promptly.” Ala. Canon Jud. Ethics 3(A)(5). Judge Johnson has not acted promptly; she has not acted at all. Aside from denying the Robersons’ motion to recuse her, she has not ruled on any motion since May 17, 2019 – when she stayed discovery [Exhibit 29]. This delay is abhorrent to the Alabama Constitution and the administration of justice. The Robersons have a “clear legal right” to a decision in their case, and Judge Johnson has “an imperative duty” to render one.” Summarizing the situation concisely, the motion by the Robersons puts it all in perspective, “In summary, almost fourteen months have elapsed since the “first motions” were filed, and Judge Johnson has not ruled on any of those motions. Almost eight months have elapsed since the “second motions” were filed, and again, Judge Johnson has not ruled on any of those motions. The Robersons have a “clear legal right” to a decision from Judge Johnson.”
Protected or Prisoner Part 4: Balch & Bingham and the lies they’ve told
Not once but twice Balch seemingly lied on the record about Adam’s and this case.
Alabama, Birmingham preparing for economic impact of Opportunity Zones
A new national tax incentive program that some believe could be the most transformative economic development tool ever has communities in Alabama, led by Birmingham, preparing to cash in on its share of potentially trillions of dollars in new investment. Opportunity Zones are low-income census tracts with a poverty rate of at least 20 percent and a median family income of less than 80 percent of the statewide or area median income. The program was established as part of the Tax Cuts and Jobs Act of 2017 in hopes of spurring new investment into these areas. Alex Flachsbart is an attorney with Balch & Bingham and an expert on Opportunity Zones. He recently presented on the subject to members of the Economic Development Association of Alabama. “What it does is provides people with capital gains an incentive to put those gains back into low-income communities, to redeploy that capital to places that really need it,” he said. Alabama Gov. Kay Ivey tasked the Alabama Department of Economic and Community Affairs with choosing the 158 Opportunity Zones that Alabama would designate from the 629 eligible census tracts. The guidelines for Opportunity Zones are still being written, with the initial regulations expected this month and proposed regulations in place by year’s end. What is known is that those who have capital gains from the sale of everything from stocks to businesses can reinvest those gains into qualified projects within designated Opportunity Zones and receive tax deferral and reduction benefits over time. Birmingham and other cities want to be prepared when investors are ready to put capital gains into approved projects like startup businesses and real estate developments. Alabama has designated 158 census tracts as Opportunity Zones. (ADECA) The city is creating the Birmingham Inclusive Growth (BIG) Fund to attract investments in Opportunity Zones in the city. Josh Carpenter, director of innovation and economic opportunity, said Birmingham has to be ready now because it will be competing with cities across the country for those dollars. “We’re excited because Birmingham was able to secure 24 Opportunity Zones and also because we have a lot of investable assets here,” he said. Carpenter said the city is prepared to lead, direct and maximize investments in Opportunity Zones. He and Birmingham Mayor Randall Woodfin see the city’s role as not only increasing quality of life and economic growth in neighborhoods but in helping investors. Carpenter said areas like the Innovation District, the Civil Rights District and the Fourth Avenue Business District, as well as the area around the Birmingham-Shuttlesworth International Airport, all stand to initially benefit from Opportunity Zone investments. David Fleming, CEO of REV Birmingham, said he envisions communities in downtown Birmingham but also neighborhoods like Avondale, Woodlawn, East Lake and others benefiting. “I think the Opportunity Zone incentive that’s been created holds tremendous potential for Birmingham, especially since most of the city was able to be designated an Opportunity Zone,” he said. “That means that this is not just an incentive for downtown, but it’s an incentive that could encourage business investment as well as physical redevelopment in a wide range of the territory of the city.” Fleming said the best incentives help attract new capital, leverage private sector dollars and can be combined with incentives that a district or community has in place. “When you talk about the scope of the market for Opportunity Zones, you’re talking about the potential for $6.1 trillion worth of capital gains that could be flowing into communities all over the country,” Flachsbart said. In Alabama, every county has an Opportunity Zone. Alabama is preparing to tap into potentially trillions of dollars across the country that may invest in Opportunity Zones. (Economic Innovation Group/Alabama Newscenter) “Across the state, this incentive will be available for investment, not just in urban communities but rural ones, too,” Flachsbart said. Active businesses, startups and business that have been around that comply with certain tax rules are potential investments. New real estate construction projects, as well as qualified rehabilitation of older buildings, will be among the investments. Investors get the most benefit by investing in an Opportunity Zone for the long haul, Flachsbart said. “There are a series of incentives to sort of help them do that, but the basic point is the longer you hold your investment in one of those distressed areas, the more incentive you get as an investor,” he said. “We’re hoping that this program will really catalyze getting investment off the coast and into places like Alabama.” Investors are anxious to put their capital gains into Opportunity Zones, Flachsbart said. “Interestingly, you’re already starting to see money flow through this program now,” he said. “That’s what’s amazing about this program is the level of excitement within the investor community around what’s going on.” Investors are putting money into one-off projects now but as regulations are approved, the expectation is that large, national funds will be created to invest in Opportunity Zones based on the best chance to enhance investment. “What we have to remember is, here in Alabama, while we’ve got 158 incredible Opportunity Zones, we’re competing with places all over the country,” Flachsbart said. “What we need here in Alabama is a strategy to ensure that we can get our share of that massive $6.1 trillion of potential dollars invested here.” Birmingham will be ready, Carpenter said. “We’re already putting things in place,” he said. Republished with the permission of the Alabama Newscenter.
Joel Gilbert, David Roberson convicted in bribery case
A prominent Alabama attorney and a coal company executive were convicted Friday on federal charges involving bribery of a state lawmaker. The verdict against Joel Gilbert, a partner with Balch & Bingham law firm, and Drummond Co. Vice President David Roberson was announced after a four-week trial. Jurors found them guilty of conspiracy, bribery, three counts of honest services wire fraud and money laundering. Prosecutors said the two men bribed former state Rep. Oliver Robinson to oppose the Environmental Protection Agency’s expansion of a Superfund site and prioritizing the site’s expensive cleanup. Robinson pleaded guilty last year to bribery and tax evasion. He has not yet been sentenced. U.S. Attorney Jay Town said after the verdict that the case was not about the EPA or about pollution. “This was a case about greed at the expense of too many,” he stated in a prepared release. “The findings of guilt for these three individuals, by trial or plea, should forewarn anyone who would be corruptly motivated to act in similar unlawful interest. Voters deserve public officials who seek to represent them honestly and fairly. When elected officials, corporate executives or their lawyers violate our federal laws, they should expect to suffer the fate of these three guilty defendants. We appreciate the dedication of the federal agencies that worked tirelessly on this case.” A third defendant, Balch attorney Steven McKinney, was dismissed from the case one day before closing arguments began. U.S. District Judge Abdul Kallon didn’t elaborate on the dismissal and his attorneys were not immediately available for comment. Drummond Co. issued a statement after the verdict. “We are disappointed by the jury’s decision to convict our employee, David Roberson. While we respect the judicial process, we consider David to be a man of integrity who would not knowingly engage in wrongdoing,” it said. “When an environmentalist group raised allegations regarding our operations in the Birmingham area, Drummond responded by hiring one of Alabama’s most well-respected environmental law firms. As testimony in the trial showed, we were assured the firm’s community outreach efforts on our behalf were legal and proper.” According to prosecutors, the men formed a contract through Balch with Robinson’s nonprofit organization to pressure state officials to oppose the EPA, to meet with EPA representatives, and vote on a joint resolution in the legislature to denounce the expansion and Superfund site being named on the EPA’s National Priorities List. Defense teams for both men said Robinson acted alone, and the contract with his foundation was for legitimate community outreach work. They said Robinson’s allegations about Gilbert and Roberson shouldn’t be trusted. Republished with the permission of the Associated Press.
Personnel note: Balch lobbyist Williams Stiers jumps to Maynard Cooper
After 20 years with Balch & Bingham, William Stiers has joined another Alabama firm, Maynard Cooper & Gale. The University of Alabama grad brings with him over 30 years of experience where has has helped shape public policy, legislation and regulations. Over the years he has established strong working relationships with decision-makers in the legislative and executive branches of the federal government. An expert in process, Stier’s reputation spans multiple industry sectors including national security, international affairs, aerospace, aviation, biotechnology, healthcare, financial services, manufacturing, construction, transportation and education. One client, Jeff Bezos‘ aerospace company, Blue Origin, made the jump to Maynard Cooper with him.
Attorney at center of Oliver Robinson trial declares innocence
A partner at one of Alabama’s leading law firms declared his innocence ahead of being indicted on charges of bribing a state legislator to oppose an environmental cleanup plan. Federal court documents revealed Thursday Joel Gilbert, partner with Balch & Bingham whose practice is primarily focused on handling environmental litigation, is accused of bribing former state Rep. Oliver Robinson, along with fellow Balch & Bingham attorney Steven McKinney and Drummond Co. Vice President David Roberson. Ahead of Thursday’s indictment, Jack Sharman, the leader of Lightfoot, Franklin & White law firm’s white-collar defense and corporate investigations practice and Gilbert’s attorney, said Wednesday night his client is innocent. He claims Gilbert did not bribe anyone and that evidence will prove he was simply conducting lawful, routine and ethical work for his client, the Drummond Company. “This is a case that never should have been brought. Joel represented a client in a legal dispute with the EPA, a powerful and, in this case, over-reaching federal agency,” Sharman said. “Everything he did while representing that client was lawful and ethical.” Sharman continued, “He is a longtime partner at a leading law firm. A lawyer with a reputation for honesty and integrity, he did what is routine for good counselors to do for corporate and individual clients every day – he engaged a consultant through a written contract to perform real and lawful services.” “The Government has the burden of proof at trial, not Joel, but the evidence – including emails, text messages, contracts, billing records, environmental testing and witness testimony – will prove that Joel is innocent.” Read the full statement below: Joel Gilbert is innocent of these charges. He did not bribe anyone. This is a case that never should have been brought. Joel represented a client in a legal dispute with the EPA, a powerful and, in this case, over-reaching federal agency. Everything he did while representing that client was lawful and ethical. He is a longtime partner at a leading law firm. A lawyer with a reputation for honesty and integrity, he did what is routine for good counselors to do for corporate and individual clients every day – he engaged a consultant through a written contract to perform real and lawful services. The Government has the burden of proof at trial, not Joel, but the evidence – including emails, text messages, contracts, billing records, environmental testing and witness testimony – will prove that Joel is innocent. We will tell the whole story at trial. Because of the recent adverse publicity about these events, however, a few basic facts should be noted. The consulting contract at issue is both lawful and common. Balch & Bingham, Joel’s law firm, entered into a contract with the Oliver Robinson Foundation, on behalf of the firm’s client, Drummond Company, to help with a grassroots effort to understand what EPA was doing in North Birmingham and Tarrant and, where appropriate, to address factual inaccuracies and faulty science. Such contracts and efforts are legal under both federal and state law, including the Alabama Ethics Code. The Alabama Ethics Code is complex, but it explicitly permits public officials, including state legislators and their affiliates, to do consulting work for a fee – the type of arrangement that the Government is now trying to say is criminal. The records will show that the payments under the contract to the Foundation were for community outreach work performed by the Foundation, not to bribe Mr. Robinson. If Oliver Robinson did something he was not supposed to with the fees paid to the Foundation for the Foundation’s work, Joel did not know about it or approve of it. Further, when Oliver Robinson attended a meeting of the Alabama Environmental Management Commission, he did two things. He asked questions and he suggested that, if Drummond was liable for pollution, the company should be held accountable – hardly the actions of a legislator who was improperly influenced. The written transcript of the Commission meeting is clear about these statements. Joel has more than 15 years of legal experience and is widely respected. The facts will show that he is innocent and that he acted in good faith. He is going to trial. At trial, we will present all of the evidence, not just the fragments of information and innuendo provided we expect will be found in the indictment.
