Alabama Bar President Seeks Probe of State Supreme Court Race

Amazingly enough, Alabama has had the nation’s most expensive Supreme Court races, with $54 million spent from 1993 through 2006.  This year’s matchup between Greg Shaw and Deborah Bell Paseur was no exception to this history.  Millions were spent on this race to maintain the Republican superiority on the Court.

The State Bar’s problem is with “push polling” done by the Shaw campaign or by their minions.  The Birmingham News reported:

Push poll:

Republican candidates are on a three-week bus tour making more than 100 stops in all 67 counties.

In cities along the route, voters are getting calls from a Virginia-based phone bank.

The caller asks a few questions, then says Paseur got an “F” in a state bar evaluation.

It’s a “push poll” that’s actually designed to influence voters, said J. Mark White, the state bar president.

It’s also not true.

“Let me make this very clear: The state bar does not conduct an evaluation poll of any judicial candidates,” White said. “These falsehoods are reprehensible.”

Now State Bar President White wants a probe of these falsehoods.  From the AP’s Phillip Rawls:

The president of the Alabama State Bar has asked the state attorney general to investigate the conduct of politically active groups that got involved in the race for the state Supreme Court.

In a letter to Attorney General Troy King, Bar President Mark White of Birmingham said he wants to know if any laws were broken by the Center for Individual Freedom, Alabama Voters Against Lawsuit Abuse or Americans in Contact Political Action Committee.”As President of the Bar, I am making a formal request and demand that you investigate these matters to determine whether the laws of Alabama have been violated,” White wrote.

Attorney General Troy King received and reviewed the letter last Friday, spokesman Chris Bence said. He said King assigned it to the appropriate lawyers in his office “for a thorough review.”

Yeah, like Troy is going to do anything.  Of all people, he should be interested in punishing people who throw false rumors around.

Alabama wins again.

How Insurance Companies Deny, Delay, Confuse and Refuse

From the American Association for Justice, a great explanation of how insurance companies rip off the consumer.  Read it here.  From the report’s footnotes:

The insurance industry’s assets total $3.8 trillion, more than the GDPs of all but two countries in the world (United States and Japan), . . . [and] over the last 10 years the property casualty industry has averaged profits of over $30 billion a year, and the life and health insurance industry has averaged another $30 billion. . .

the CEOs of the top 10 property casualty firms earned an average $8.9 million in 2007, while CEOs at the top 10 life and health insurers earned an average $9.1 million, and CEOs across the industry lead all industries with a median cash compensation of $1.6 million. . . .

One of these days the American public is going to wake up and punish these guys.  Here in Alabama, it is getting more and more difficult just to win a simple rear-ender lawsuit.  The insuramce industry, with all this money, can afford to keep up its disinformation claims about “jackpot justice” and the need for tort reform.

My prediction: as financial times get worse, look for another onslaught from these companies about the “need for tort reform.”  When they lose money in the stock markets, the only place to recover these losses is in what they pay out on claims.

Ricky Stokes, Keeping it Real in Dothan

I had forgotten about my old buddy Ricky Stokes over in Dothan.  He is stirring the pot these days at Ricky Stokes news.  A quick story:

About 20 years ago at my old firm, Ricky and I went to lunch at Ray’s Restaurant in the firm’s automobile, a small three cylinder Suzuki something or another car.  After lunch, we were going north on South Oates Street when Ricky’s scanner went off.  There had been a shoplifting at a local grocery store and the thief was leaving in his car.  We looked over at the grocery store and sure enough, there was a guy peeling out of the parking lot that fit the scanner’s description.

Ricky made me chase the guy even though we were in a three cylinder rice burner with no power.  I protested, but Ricky screaming in your ear can be persuasive.  We cut through parking lots and chased the guy but our car was too under powered to stay with him.  He caught a straightaway and left us far behind.   This was the pre-cell phone era, but we did get the tag number.  (Ricky turned it in and he was arrested later.)

When we got back to the office, I thought my bosses would be mad, but they laughed and laughed because the image of Ricky and I in the Suzuki trying to catch this guy was hilarious in their minds.  (It was pretty stupid.)

That’s Ricky, though.  Always ready to help, always wanting to be where the action is.  His website is a pretty good reflection of Ricky and a good read.

A Great Resource For Veterans

One of my clients came in with a question about VA benefits.  I know nothing about VA benefits.  However, I searched back through the listserver archives of the Alabama Association for Justice and found a post from Bryan Blackwell of Dothan (a great guy and great lawyer) suggesting a site for finding lawyers to deal with the VA:  http://www.vetapp.uscourts.gov/practitioners/.

I then found the American Veterans and Servicemembers Survival Guide from the Veterans For America site.  A great resource and you have to love the authors.  From the first chapter:

“This book will help you survive in the world of the veteran. This world, like the world at large, is not a fair world. Your country asked you to take years out of your life and to risk life itself. But when you came back, it gave you some praise but little comfort. Instead, it gave you the VA.”

’nuff said.

Probate Judge Sherrie Phillips Gets 10 years, Will Serve 3

The Sherrie Phillips saga (former Covington County Alabama Probate Judge convicted of theft while in office) came to an end today when Judge Charles Price (visiting Circuit Judge from Montgomery) sentenced former Judge Phillips to ten years in prison with a three year split.  The Andalusia Star News has a good summary. (Be sure and read the comments.)  The sentence means Judge Phillips gets three years in prison with another three years of probation.

Judge Phillips was represented by David Harrison of Geneva and Riley Powell of Gulf Shores and Andalusia.  The local bar still does not understand their defense of “but judge, she paid it back.”  Apparently there is a parallel universe somewhere which allows people to steal and escape judgment if they are caught by just paying the money back.

A word on Judge Price.  Back in the 90s he was supposed to have been appointed to the Federal Bench by President Clinton but for some reason the Federal Judgeship was never filled.  I can see today why he would have been excellent for the Federal bench.  Judge Price moves fast, does not suffer fools and is very efficient with his time.  He did not buy the “but Judge, she paid it back defense” today and pretty much laughed off that part of the defense’s presentation.

A lawyer in Brewton told me years ago when Judge Price was a young prosecutor in the 70s working for then Attorney General Bill Baxley, Judge Price was sent to Brewton to prosecute cases as a special temporary D.A. because there was a vacancy in the Escambia County D.A.’s office.  Apparently there was some concern about this back then (Judge Price happens to be black, and the 70s were the 60s in Brewton) by the folks in Brewton and Escambia County, but after two weeks of having Judge Price in town they begged him to stay.  Apparently when he politely said no, they called the Attorney General and then Governor Wallace trying to get them to make him stay.  Judge Price is still remembered very fondly by the lawyers in Brewton.

Required Reading About Wall Street

CDOs, greed, Wall Street….. This pretty much sums everything up.

Only in Alabama

This kind of thing usually happens only after an Alabama-Auburn Game:

EVERGREEN, Ala. (AP) — A man and woman were shot dead after an argument that witnesses said started over an Alabama-LSU football game, but sheriff’s investigators said Monday they continued to investigate the motive.

The Conecuh County sheriff’s office identified the victims as Dennis James Smith, 41, and Donna Kaye Hall Smith, 39, of Brewton. The two were shot to death about 7 p.m. Saturday in the rural community of Owassa in southern Alabama.

Michael W. Williams, 28, was arrested and charged with two counts of murder over the shooting at his home, where he had watched the game. He was being held Monday without bond. A sheriff’s investigator handling the case did not know if he had an attorney.

An investigator said Monday that people watching the game at Williams’ home said the dispute was over the game, which Alabama won 27-21 in overtime Saturday, but an investigation into the motive was not complete. The investigator also said alcohol may have been a factor.

According to witness accounts to investigators, Dennis Smith, an LSU fan, called Williams, an Alabama fan, after the game, and the Smiths then went to Williams’ home, where a physical altercation led to the shooting.

Investigators said Dennis Smith had a pistol and Williams had a shotgun and fired.

Authorities said Donna Smith was a relative of Williams’ girlfriend.

Relatives of both the victims and the suspect either declined comment or did not immediately return phone messages Monday from The Associated Press.

Truth about Criminal Law

Whenever I hear (or read) truth, I have to pass it on.  From Simple Justice:

In many respects, the criminal justice system is like a casino.  While we do everything possible to improve the chances of winning, it ultimately comes down to a roll of the dice.  No one ever knows for certain whether a defendant will roll a 7 or crap out.  But the analogy fails in one critical respect:  A gambler can walk out of a casino any time he wants.  Once embroiled in the criminal justice system, a defendant doesn’t have the option to decide that he doesn’t want to play.  He’s in the game, whether he likes it or not.

How To Hire An Alabama Personal Injury Lawyer: Part I

Seen at another site:

“For instance, Alabama has many famous lawyers. When you interview a potential Alabama personal injury lawyer you may with to find out if they are familiar with the likes of Oscar D. Adams, Jr., Hugo Black, Annie Lola Price, or Arthur Davis Shores, all whom had long and illustrious careers in the state of Alabama and all of whom are in recent memory with their accomplishments. You may also wish to search the Alabama State Bar member directory to make sure your potential Alabama personal injury lawyer is upon the list and its even possible to check out the law school the attorney attended.”

I like this idea because a real trial lawyer should know who Oscar D. Adams, Jr., Hugo Black, Annie Lola Price, or Arthur Davis Shores were.  Kind of a “where is your heart” test.

Ben Bowden Appointed Probate Judge

Just received word from the Covington County Courthouse Ben Bowden has been appointed the new Probate Judge for Covington County by Governor Riley.  (Self congratulatory note inserted here: I predicted this would happen weeks ago.)  Special Probate Judge Lee Enzor has done an excellent job and has served the County well, but his known ties to the Democrat Party sank his chances.  Ben is a careful and smart lawyer and will be an excellent judge.

I just wonder why the Governor waited this long to make what now appears to be an obvious choice.