Most Republican appellate court incumbents win without an opponent as Democrats concede state appellate courts to the GOP
Major party qualifying ended on Friday. Four Republican Alabama Supreme Court Justices won election when no opponent – Republican or Democrat came forward. Justices Will Sellers, Tommy Bryan, and Jay Mitchell were all effectively re-elected as they face no Republican primary challenger. Write-in candidates are not allowed in party primaries. No attorney qualified for any of these races as a Democrat, so they are unlikely to face an opponent in the November general election. Chris McCool gave up his seat on the Court of Criminal Appeals to run for the open Place 1 associate supreme court justice seat. He also had no Republican or Democratic opponent qualify. On the Alabama Court of Criminal Appeals, Republican incumbent Judges Richard Minor and Bill Cole were both effectively re-elected when no Republican or Democratic opponent qualified for either race. Two Republicans: Rich Anderson and Thomas Govan, qualified for the open Place 2 seat that Chris McCool is leaving to run for Supreme Court. Both Govan and Anderson work in the Alabama Attorney General’s office. No Democrat qualified for that seat either, so Govan and Anderson’s race in the Republican primary on March 5 is likely to decide this race. On the Alabama Court of Civil Appeals incumbents Christy Edwards and Terry Moore were both effectively re-elected when qualifying ended without either facing any opposition. The only incumbent appellate judge in the state to face a challenger is Republican: Republican Chad Hanson at Place 2 on the Court of Civil Appeals is being challenged in the Republican primary by Stephen Davis-Parker. There are four candidates running for Chief Justice of the Alabama Supreme Court. Chief Justice Tom Parker, also a Republican, cannot run again due to the state’s arcane mandatory retirement age for judges provision. Associate Justice Sarah Stewart is giving up her place 1 seat on the court to run for Chief Justice. Former State Senator Bryan Taylor is also running for the office. Taylor is also a former legal counsel for Governors Kay Ivey and Bob Riley. On Friday, Montgomery attorney Jerry Michael Blevins also qualified to run for Chief Justice. Chief Justice is the only state appellate race that the Alabama Democratic Party is even contesting. Judge Greg Griffin will face the eventual Republican nominee for Chief Justice in the November general election. Griffin presently is a Circuit Court Judge in Montgomery’s Fifteenth Judicial Circuit Court. Thirty years ago, Democrats dominated the Alabama appellate courts. That changed in 1994 when retired Judge Perry Hooper Sr. defeated incumbent Sonny Hornsby in a contested race for chief justice. In the years since, Republican fortunes have continued to improve. Only one Democratic candidate, Doug Jones in 2017, has won any statewide race since 2008, and no Democratic judicial candidate has won a statewide race since Sue Bell Cobb was elected Chief Justice in 2006. Democrats are hopeful that Judge Griffin can change their fortunes next year. There is still a slight possibility that an attorney could still qualify as an independent or third-party candidate for one of these offices. To connect with the author of this story or to comment, email brandonmreporter@gmail.com
Jim Hill endorses Supreme Court candidate Chris McCool
Judge Chris McCool spoke recently at a meeting of the St. Clair Republican Party meeting. McCool, a Republican, presently serves on the Alabama Court of Criminal Appeals. He is running for an open spot on the Alabama Supreme Court. State Representative Jim Hill (R-Odenville), a former circuit judge and the chairman of the House Judiciary Committee, introduced McCool. “He lives on the same farm he grew up on,” Hill said of McCool. “He has been married for thirty years and has four children. He is a former District Attorney.” “He graduated from the University of Alabama summa cum laude,” Hill said. “With those kinds of credentials, he could have gone to any of the biggest law firms in the country or gone to Wall Street. He didn’t go to Wall Street; he went back to Gordo.” “I wholeheartedly endorse him to be on the Alabama Supreme Court,” Rep. Hill said. McCool serves on the Court of Criminal Appeals with former St. Clair County District Attorney Richard Minor and former Jefferson County Judge Bill Cole. Cole was also in attendance, asking voters to reelect him to the Court of Criminal Appeals. “Judge Cole, Judge Minor, and I ran together for the Court of Criminal Appeals. Now they are three of my best friends,” McCool said. McCool said that Associate Justice Sara Stewart is running for Chief Justice of the Supreme Court. Chief Justice Tom Parker cannot run again because of the state’s judicial age limits. McCool explained, “Justice Sara Stewart is running for chief justice. I am running for the open associate justice position she is vacating.” “I was born on a farm ten miles north of Gordo,” said McCool. “I ran it when my daddy got sick. I still manage it.” “I started out in private practice in Gordo,” McCool said. “I was the only attorney in Gordo.” “I was a prosecutor for 24 years,” McCool explained. “I have prosecuted everything from capital murder to hunting from a public road.” McCool said that the game wardens insisted on bringing the hunting from a public road case to trial against his advice. They lost. “You aren’t going to win one of those in Lamar County,” McCool said. McCool said that his experience as a district attorney and an appellate judge means that when a criminal case comes before the Supreme Court, “We know what we are looking at. If I am elected, I will have the most expertise of any justice up there in the criminal system.” “This is why I am running,” McCool said. “I believe it is important that we have judges and justices that have a conservative judicial philosophy.” “You don’t need judges that go up there that will legislate from the bench,” McCool said. “The United States Supreme Court is kicking issues back to the state that should have been in the state legislatures from the beginning. One of these is the Dobbs decision.” “I believe in standing on what the law says – the black words on the page,” McCool said. “We have a good Supreme Court with a conservative judicial philosophy, and I want to keep it that way,” Republican qualifying begins on October 16. Contact Chairman Freddie Turrentine if interested in qualifying to run for a county office in 2024. The next regularly scheduled meeting of the St. Clair County Republican Party is in January. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Flowers: Summer Political Happenings
As the long, hot summer ends and Labor Day approaches, let’s take a look back at what occurred over the last three summer months politically. First of all, it was one of the hottest summers on record. Temperatures soared into the hundreds as early as late June. On one of those late June days, one of the hottest political events of the year occurred. The annual Tomato Sandwich Lunch event hosted by Alabama Agriculture Commissioner Rick Pate was the biggest yet. The twentieth annual Tomato Sandwich Lunch held at the Ed Teague Arena near the Garrett Coliseum was a must-be event for Alabama political elite. The Tomato Sandwich Lunch promotes produce from local farmers and encourages people to eat Alabama-grown products. Alabama-based vendors donate all of the food for the event. Commissioner Rick Pate was a master host to over 500 attendees. In attendance were U.S. Senator Katie Britt, State Treasurer Young Boozer, and Lt. Governor Will Ainsworth. PSC member Jeremy Oden came from Cullman, and State Board of Education President Wayne Reynolds came from Athens. State Judges in attendance were Supreme Court Judge Greg Cook, Criminal Appeals Court Judge Bill Cole, and Civil Appeals Court Judges Matt Friday and Bill Thompson. Legislators spotted were State Senators Josh Carnley and Will Barfoot, as well as Representatives Jerry Starnes, Margie Wilcox, Van Smith, and Ed Oliver. There were dozens of local County Commissioners from all over the state. Many of the state’s most prominent lobbyists were there, along with many of the Governor’s Cabinet members. Alabama Power Government Affairs guru Houston Smith and Alfa Executive Director Paul Pinyan were prominent. In fact, most of Alfa’s governmental affairs folks were at this very fun and political event. During the summer, everybody and their brother, or at least everyone who ever won a 4-H speaking contest, entered the race for the Republican nomination for President. There must be 20 people running against Donald Trump for the GOP nomination. This is just what Trump was hoping for. It splinters the anti-Trump vote to such a degree that it virtually assures him the nomination. During the summer, the U.S. Supreme Court decided that Alabama’s Congressional districts were gerrymandered to keep Black voters from being able to elect a second Black Democrat to Congress. Alabama currently has six white Republican Congressmen and one Black Democratic Congresswoman, Terri Sewell. In July, former Alabama Supreme Court Justice Mike Bolin won a special election to fill a seat on the five-member Jefferson County Commission. His election was like manna from Heaven for the Jefferson County Republican Party. The commissioner, who departed this important seat, was a Republican. The commission had a three to two Republican majority. Therefore, it was an important election for the state’s largest and most important county. Mike Bolin had just retired from the Alabama Supreme Court after 18 years on the state’s high tribunal. He had been Probate Judge of Jefferson County for 16 years prior to his service on the Supreme Court. He only retired from the Supreme Court due to a state law that prevents judges from running for reelection after age 70. Bolin is Jefferson County through and through and one of the most respected gentlemen and public servants in Jefferson County and Alabama. The imperial county of Jefferson is fortunate that Judge Mike Bolin was available and ready to serve. His swearing-in ceremony occurred on a sweltering hot July 31. The large Jefferson County Courthouse commission chambers was overflowing. It was a congregation of who’s who of Jefferson County politics. Hope you had a good summer. Happy football season and happy Labor Day! See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Young Republicans gather in Moody
On Saturday, Young Republicans (YRs) from across the state gathered at Moody Park for an afternoon of barbecue, bluegrass music, and camaraderie as the St. Clair County Young Republicans (YRs) held their summer gathering. St. Clair County Young Republicans Chairman Logan Glass presented plaques to Federation of Alabama State Young Republican President Stephanie Petelos and State Representative Craig Lipscomb (R-Gadsden) – who represents parts of St. Clair and Etowah counties. Glass praised Petelos for her example and her leadership and credited her with restoring the Greater Birmingham Young Republicans (GBYRs) to its role as the largest Young Republican group in the state. That club has grown to the point that a new club has branched off from the GBYRs – the Shelby County Young Republicans. Glass thanked Lipscomb for his work in Montgomery on behalf of the county and for his support of the YRs. The St. Clair Young Republicans presented former St. Clair County Republican Party Chairman Circuit Judge Phil Seay with the inaugural Phil Seay Award. Seay is the President of the Alabama Judges Association. Glass thanked Seay for his years of unwavering support for the YRs. Former State Representative Mike Ball and his bluegrass band performed at the event. Ball served twenty years in the Alabama Legislature representing Madison. He is the author of an autobiographical book about his experiences: Picking, Politicking and Pontificating: How an Ex-Cop Legalized Cannabis While Fighting Corruption. Several state appellate court seats are on the ballot in 2024, so several judicial candidates were present at Saturday’s event. Former State Senator Bryan Taylor (R-Prattville) was present. Taylor is running for Chief Justice of the Alabama Supreme Court. Current Chief Justice Tom Parker is near the age 70s age limit, so he is prevented from running again. Taylor is a practicing attorney who has held many state government positions, including counsel for Governor Kay Ivey. Taylor is a retired Judge Advocate, a former military prosecutor, and an Iraq War veteran. Taylor faces a Republican primary battle with Alabama Supreme Court Justice Sara Stewart. Current Court of Criminal Appeals Judge Chris McCool is running for the position on the Alabama Supreme Court that Stewart is vacating in her run for Chief Justice. McCool is a former district attorney in West Alabama. McCool is also a farmer, a preacher, and a gospel singer. He performed a couple of songs with Ball and his band at Saturday’s event. James Govan is running for the position on the Alabama Court of Criminal Appeals that Judge McCool is vacating. Govan is a career prosecutor and a U.S. Air Force Reserve officer currently working for the Alabama Attorney General’s office. Rich Anderson is also an Assistant Alabama Attorney General and a prosecutor running for the Alabama Criminal Court of Appeals. Anderson has represented the state of Alabama before the Criminal Court of Appeals, federal district courts, the Alabama Supreme Court, the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court. Emory Cox was the platinum sponsor of Saturday’s event. Cox is U.S. Senator Tommy Tuberville’s aide on finance and economics. While Cox’s duties in Washington D.C. prevented him from attending, Cox’s mother, Annette Cox, the owner of St. Clair County-based Metro Bank, was present. Glass thanked the Cox family for their friendship and history of support for the YRs and Emory for his service in Washington. Bamacarry of St. Clair County was an exhibitor and a sponsor of Saturday’s event. Glass also thanked Shaw’s Barbecue for the food as well as all of the many bronze sponsors of the event. Other notables in attendance were State Supreme Court Justice Greg Cook, State Rep. Jim Hill (R-Odenville), State Senator Lance Bell (R-Pell City), Court of Criminal Appeals Judge Bill Cole (R), Alabama Court of Civil Appeals Judge Matt Fridy, St. Clair County District Attorney Lyle Harmon, St. Clair County Commissioner Tommy Bowers, commission candidate James McGowan, former St. Clair County Republican Party Chairman Joey Stephens, St. Clair County School Board Member Bill Morris, and Colbert County Assistant DA Brent Woodall. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Judge Richard Minor campaigns in Etowah County
On Saturday, Alabama Court of Criminal Appeals Judge Richard Minor addressed the Etowah County Republican breakfast meeting in Rainbow City. Minor is serving his first term in the Alabama Court of Criminal Appeals. “I am one of the five judges on the Court of Criminal Appeals,” Minor said. Minor said his legal career began “As a clerk as a senior at Auburn for then-Attorney General Jeff Sessions.” Minor then got his law degree from Cumberland Law School at Samford University. He worked as a prosecutor in Tuscaloosa and Jefferson County before becoming an assistant district attorney in St Clair County. Minor was elected as District Attorney of St. Clair County. Minor explained that when Alabama became a state, there were five judicial circuits and five judges. “The five judges met together to comprise the Supreme Court to decide matters of law,” Minor said. “Today, there are 41 circuits and Bessemer,” Minor said. “Judges were appointed by the Legislature until after Reconstruction then became elected.” Minor explained that the first Supreme Court could consider points of law, not points of facts, as they ruled in the 1821 Fleming case, which was the first capital case before the Alabama Supreme Court. The Court of Criminal Appeals is similar. “If it is a question of fact, we can’t hear the case,” Minor said. The Criminal Court of Appeals can consider “just questions of law.” The (Alabama) Supreme Court can consider appeals based on fact. “The appellate rights we have today come from the legislature,” Minor said. “After Reconstruction, the Supreme Court went from 5 to 7 judges. In 1911 the Legislature created the Court of Appeals. Minor said that the modern appellate court structure was set in 1969 by Governor Albert Brewer and the Legislature. There is a Court of Criminal Appeals and a Court of Civil Appeals with nine justices on the Supreme Court. “Mary Windom is the presiding judge on the Court of Criminal Appeals,” Minor explained. “Amy Lola Price was the first presiding judge of the Court of Criminal Appeals,” Minor said. “She was a judge before women could serve on a jury.” “We handle between 1,100 and 1,600 appeals a year,” Minor said. “We are the fourth most active mid-level appeals court in the nation and the 11th most active appellate court in the country.” Minor explained that 11 of the 18 appellate court judgeships will be on the ballot in 2024. “I am on the ballot in March. So is Bill Cole,” Minor said. “There is an open seat on our court because Judge (Chris) McCool is running for Supreme Court.” “Two individuals out of the AGs office are campaigning for the (open) seat,” Minor said. Minor said that the Court of Criminal Appeals has such a large caseload because everyone convicted of a crime has a right to appeal in Alabama. “We don’t have the right to deny them the right to appeal like the Supreme Court does,” Minor said. “We have a 4 or 5% reversal rate.” “Sometimes the judge did something wrong,” Minor said. “Sometimes the sentencing is wrong.” Minor explained that there is an issue when a judge finds a defendant guilty of both a major felony and a Class D felony in how the sentencing of that felony is allowed to be run. Minor said it is important for defense counsels to raise an objection on a matter of law during the trial. “If defense council doesn’t make an objection, there is nothing you can do about it,” Minor explained. “Words mean something,” Minor said. “If the legislature put a certain word in a statute, it means something.” “At the Court of Criminal Appeals, even though if I don’t like the law, we can’t change them,” Minor said. “At the Supreme Court, they can change them.” An example of that is the year and a day rule. “That came over from England in the common law,” Minor explained. If a victim lives for a year and a day after the attack, the attacker cannot be charged with murder, but medical technology has changed a lot since then. “In 1986, the Supreme Court upheld the year and a day rule,” Minor continued. In a more recent case, the Alabama Supreme Court struck down the year and a day rule and allowed a murder trial to occur. “The Alabama Supreme Court can change it, but our court can’t,” Minor said. Another example occurred during the COVID-19 pandemic. You have a right to face your accuser. “The judge allowed the witnesses to wear masks,” Minor said. “It was a 3 to 2 decision, me and McCool,” voted that it violated the right to face your accusers principle. “They only take about 3% of the cases that come out of the Court of Criminal Appeals,” Minor said of the Alabama Supreme Court. “They will normally take capital cases.” “Eleven of the eighteen appellate judges will be on the ballot in March,” Minor said. “I hope that you will consider voting for me, Judge Cole, and also Judge McCool, who is running for Supreme Court.” Minor was asked about soft-on-crime district attorneys who make unilateral decisions not to enforce certain Alabama laws. “There are certain things I can and can’t say because of the rules for judges,” Minor said. “The district attorney is elected. The people of the county elected whoever that individual is. If that is what they want, then that is what they get. Things that are done here and in St. Clair County are done very differently than in other counties because that is how we are set up.” “It does cause concern when someone has sworn an oath to follow the Constitution, both the U.S. and Alabama, and that individual says they won’t enforce a law that is on the books. If you want to change it, then run for the Legislature. Not enforcing it is bad law.” “In February 2025, we will elect a new presiding judge because we will have a new judge,” Minor said. “It won’t change Mary
Here’s everyone who the BCA has endorsed in the 2018 election cycle
The Business Council of Alabama (BCA), considers itself Alabama’s foremost voice for business. It is a non-partisan, statewide, business association representing the interests and concerns of nearly 1 million working Alabamians. The BCA works with the Alabama Legislature to promote “pro-business” reforms such as: Tax credits for small business Job creation Incentives for economic development Ethics reform Positive changes in our public education system Here are the candidates who the BCA has endorsed, who they believe will bring the best changes and initiatives for Alabama’s businesses: Statewide Races: Governor: Kay Ivey Lieutenant Governor: Twinkle Cavanaugh Attorney General: Steve Marshall Secretary of State: John Merrill State Treasurer: John McMillan Commissioner of Agriculture and Industries: Rick Pate Judicial Races: Chief Justice: Lyn Stuart Associate Justice Place 1: Sarah Stewart and Brad Mendheim Associate Justice Place 2: Tommy Bryan Associate Justice Place 3: Will Sellers Associate Justice Place 4: Jay Mitchell Court Of Civil Appeals Place 1: Christy Edwards Court Of Civil Appeals Place 2: Judge Terri Thomas Court Of Civil Appeals Place 3: Judge Terry Moore Court Of Criminal Appeals Place 1: Richard Minor Court Of Criminal Appeals Place 2: Chris McCool Court Of Criminal Appeals Place 3: Judge Bill Cole State Senate Races Senate District 2: Tom Butler Senate District 3: Arthur Orr Senate District 5: Greg Reed Senate District 7: Mary Scott Hunter Senate District 12: Del Marsh Senate District 13: Randy Price Senate District 14: Cam Ward Senate District 16: Jabo Waggoner Senate District 17: Shay Shelnutt Senate District 18: Rodger Smitherman Senate District 32: Chirs Elliott State House Races House District 3: Humphrey Lee House District 6: Andy Whitt House District 8: Terri Collins House District 9: Scott Stadthagen House District 13: Connie Rowe House District 14: Richard “Bull” Corry House District 27: Wes Kitchens House District 30: Craig Lipscomb House District 36: Randy Wood House District 39: TJ Maloney House District 40: K.L. Brown House District 41: Corley Ellis House District 42: Jimmy Martin House District 43: Arnold Mooney House District 44: Danny Garrett House District 45: Dickie Drake House District 46: David Faulkner House District 47: David Wheeler House District 48: Jim Carns House District 49: April Weaver House District 50: Jim Hill House District 55: Rod Scott House District 73: Matt Fridy House District 87: Jeff Sorrells House District 88: Jeremy Arthur House District 89: Marcus Paramore House District 96: Matt Simpson House District 102: Willie Gray
