1 I, I i COURT NEWS Scw~lettrr ol the..ilnhamn.lr~dicirtl System December, 1984 The Montgomery County Youth Facility, in the true spirit of Christmas, will play Santa to the community's needy children for the 10th consecutive year this Christmas. The facility is coilecting gifts and financial donations for some 600 children who might not otherwise have a visit from Santa. "The purpose of the Christmas program is two-fold--to answer a need and to show these children who have come in contact with the court and their families, that someone cares," said Juvenile Court Judge John Davis. J "The people of Mon.tgomery have always been most generous in supporting our Christmas prograr?," added Davis. "I want each and every one of them to know how very much their interest, concern, and contributions mean to these children as well as to the judges and the staff of the juvenile court." Barbara Crysel, community resources coordinator for the youth facility, said gifts are solicited from throughout the Montgomery area from schools, civic clubs, businesses, and individuals. Probation officers submit names of needy children to Ms. Crysel. "They know the families and they know who needs a little and who needs a lot," said Ms. Crysel. To prevent duplication of services, the narnes are screened through the Montgomery area Christmas Clearing House, which ensures that a family will not receive gifts from more than one agency. When a group sponsors a child, they are given the child's first name, age, sex, and clothing size. Sponsors spend an average of $30 per child and generally provide a complete outfit of clothes as well as a toy or other "fun" thing. Among the many sponsors this year are three local schools. St. Bede's Catholic School is sponsoring 22 --grades K-6, one boy and one girl each, and grades 7-8, two boys and two girls each. In December, Juvenile Judges John Davis and Richard Dorrough (Continued on Page 2) A HOLIDAY MSSAGE FROM THE CHIEF JUSTICE It is my pleasure once again to wish each and everyone of you a joyful holiday season. As the end of this year draws to a close, each of us can take deep pride and satisfaction in the accomplishments which zve have made was a rewarding and successful year for our Unified Judicial System, and the coming year promises new challenges and exciting opportunities for us to further ensure that the people of our great state continue to receive a quality of judicial services which is unrivaled. I sincerely appreciate your support of our court system and the many kindnesses each of you has personally shown me throughout this year. I wish you and yours a very happy, healtly, and prosperous New Year.
2 Court New8 HERE COMGS SANTA (Continued from Page 1) will go to St. Bede where Father Charles Troncale will bless the gifts, after which the children will present them to the judges for distribution. Page 2 The two Green Gate schools in Montgomery are sponsoring one family per school, and the Montgomery Academy, grades 7-12, are sponsoring one or two children. Last year, a total of 118 children were sponsored by various individuals and while donations were received to purchase gifts for another 298 children. Family CaYt Christmas--Each year, St. Bede of Montgomery sponsors a "Family Court Christmas." Gifts ore presented for distribution to the needy. The judges, probation officers, and employees of the facility participate in the shopping spree. "If you think you have a long Christmas list, try buying on this scale," said Ms. Crysel. This year, the gifts will be purchased before store hours at J. C. Penny's, which has generously given the facility a 15 percent discount and is donating the wrapping paper. Members of the Quota Club and other volunteers will assemble at the youth facility on December 8 to wrad,- <he presents. The gifts are usually delivered on ~hrisimas eve or- as close to Christmas a possible. "Somehow the gifts that are missing at the last minute always seem to turn up," said Ms. Crysel. Last year, the center was in desperate need of a bicycle for one of the children. Just when things seemed hopeless, one of the local bicycle shops called and said they had a bicycle they wished to donate. "There are a lot of generous people in our community," said Ms. Crysel. "This pleases me so much--second only to what the kids get," she added. LRE UPDATE Mock Trial Held in Calhwn County The Calhoun County Legal Secretaries, Association recently sponsored a mock, criminal trial for area high school students. The trial, which was staged in the Calhoun County Courthouse, was held in recognition of national court observance week. The students served as the venire and a jury of 12 was actually struck and heard the case. The defendant was accused of possession of a narcotic (heroin) and attempting to bribe a police officer. Judge Malcolm Street presided over the proceedings. He explained in detail what the students could expect as the trial proceeded and stopped frequently during the evening to explain when objections by counsel were sustained or overruled. After much deliberation, the jury found the defendant guilty of possession but let him off on the charge of attempted bribery. The secretaries association has staged the mock trial for the past four year This year's chairman of the mock trial slc - - committee, Bea Pearson, said the purpose of the annual event is to demonstrate to the students and the public what actually happens during a criminal trial.
3 Court Newa Page 3 CIRCUIT COURT FY 1984 CASELOAD REVIEW In the circuit court, total case filings declined for the second year in a row. Filings were down by.6 percent, or 812 cases. Declines in case filings were registered in criminal, civil,, and domestic relations jurisdictions. Juvenile registered a significant increase in filings of 7.5 percent, or 1,265 cases. Dispositions registered a small decrease of 2.6 percent, or 3,365 cases. As a result, case pending increased slightly by.9 percent, or 694 cases. Statevide Circuit Court Cascload. FY FY 1980 Change Cbme Categofy FY 1979 FY 1980 FY 1981 FY 1982 FY 1983 FY 1980 C % I % Filings 118, , , , , , % (812) (.6%) Disposit~ons 118, , , , , , % (3365) (2.6%) Pending 59,084 62,688 71,617 76,617 73,262 73,956 14, % 694.9% Limestone Has Lowest Currency FY 1984 caseload statistics reveal that the pending cases are being disposed more quickly I in the Circuit Court of Limestone County than any circuit in the state. As of September 30, 1984, the court had disposed of 1,010 cases while only 305 cases remained pending. This provides a case currency figure (pending divided by dispositions) of 30 percent, which is the lowest in the state. At the current level of dispositions, it would take less than four months for the court to dispose of its pending caseload. A total of nine circuits had case currencies of 40 percent or less. Limestone County was! followed by Tuscaloosa and Montgomery, with case currencies of 33 percent; Russell County, with 36 percent; Madison, with 37 percent; Franklin and Lee Counties, with 38 percent; and Colbert and Covington Counties, with 40 percent currencies. f I 1 Mobile Leads in Reduction of Pending Cases Though there was a slight increase in the statewide pending caseload, 16 circuits reduced their pending caseloads during FY Mobile County Circuit Court led the state by reducing their pending caseload by 2,101 cases or by 16 percent. Reductions were recorded in all jurisdictions of the Mobile Circuit Court. Pending was reduced by 117 criminal cases, 599 civil cases, 1,327 juvenile cases, and 58 domestic relations cases. Tuscaloosa registered the second largest decline in pending caseload with a decrease of 487 cases or 19 percent. Reductions of 113 criminal and 394 domestic relations pending cases were recorded last year in the Tuscaloosa Circuit Court. The 4th Judicial Circuit, comprised of Bibb, Dallas, Hale, Perry, and Wilcox Counties, showed a reduction of 107 cases, which provided a 5 percent reduction in the pending caseload. The highest percentage decrease in pending caseload was in the circuit court of Franklin County, which reduced its pending from 407 to 302, a reduction of 105 cases or 26 percent. (Continued on Page 4)
4 Cour~ Newn Page 4 FY '84 Caseload Review (Continued from Page 3) DETRICT COURT District court case filings decreased for the third year in a raw. Filings were down by 4,452 cases or 1 percent from the previous year. Dispositions decreased by 14,512 cases or 3 percent, while pending increased 4,240 cases or 3 percent. Case filings were up in traffic and juvenile, while they were down in criminal, small claims, and civil Sgtewhde Diitrict CQlrt C.+W FY FY 1984 Cha~me n l m n l a n 1-1 n 1982 n 1983 n 19x4 r 'Y + m Filings 438, , , , , ,144 31, % (4,452) (.9%) Dispositrons 436, , , , , ,822 28, % (14,512) (3.0%) Pend~ng 132, , , , , ,724 26, % 4, % Russell - - Lowest in Currency Rating The District Court of Russell County led the state in case currency with an 8 percent figure. At the court's current rate of disposition, there is less than one month's worth of cases pending. Statewide, 28 district courts had case currency figures of 30 percent or less. The District Court of Russell County was followed by Fayette County, with a case currency of 11 perce Limestone County, with 12 percent; Barbour and St. Clair Counties, with 15 percent; and with 16 percent currency. Marshall Tops in Reduction of Pending Cases Twenty-five of the state's 68 district courts reduced their pending caseload during FY The top five were the District Court of Marshall County, with a reduction of 716 cases, followed by Montgomery, with 531 cases; Bessemer, with 511 cases; Morgan, with 439 cases; and Conecuh, with 412 Court Calendars Should Be Mailed to Administrative Office of Courts As circuit and district court calendars for 1985 court schedules are completed, the Administrative Office of Courts requests that court officials forward a copy to Nancy Morochnick at the Administrative Off ice. Semi-Amual Report on Cases Due Forms for the semi-annual report on cases or matters under submission or advisement for six months or longer will be mailed by the Administrative Office to all circuit, district, and active retired judges on December 15. The reporting period will cover 7/1/84 through The Administrative Office requests that judges return their reports to Nancy Moroch at AOC.
5 Page 5 LEE COUNTY DEDICATES NEW T. K. DAVIS JUSTICE CENTER "One of the most modem, efficiently designed, and down-right beautiful court structures in the state" was Chief Justice C. C. Torbert, Jr.'s, description of Lee County's new T. K. Davis Justice Center at dedication ceremonies held on November 11. Located in Opelika at the intersection of Hamilton Road and Frederick Road, the center houses the offices of the circuit and district judges, the circuit clerk, court administrator, juvenile and adult probation officers, the district attorney, sheriff, and the administrator of the SIR program of the board of corrections. Offices of the Lee County tax assessor, tax collector, probate judge, and board of education remain in the soon-to-be renovated courthouse in Opelika. Spacious Circuit Clerk's Office in new facility. The new structure boasts one of the state's first to have special facilities where representatives of the electronic and print media can observe the judicial process without interrupting trial proceedings. Torbert applauded all who were responsible for incorporating this advanced design. "Our courts are open; our trials are public; and our citizens have a right and a responsibility to be aware of what is happening within their judicial system," he said. Presiding Circuit Judge Assists in Decorating Scheme Judge "Spud" Wright felt that colored seals of the Unified Judicial System would enhance the decor of the new courtrooms in the justice center. In seeking to find out what the official colors for the seal were, he was advised that there were no "officialt' colors--none had ever been used. With a gleam in his eye, this ardent Auburn football fan decided that he would give some official colors to the seals to be hung in the Lee County facility. After much deliberation, they were ordered to be painted in burnt orange and blue. Now--unbeknownst to Judge Wright--enter the "professional decorator." Orange and blue did not blend with the color scheme for the courtrooms--order them in maroon and cream. Upon discovery of this subversive act, Judge Wright calmly picked up the phone and called Probate Judge Hal Smith. "Hal, you know those Unified Judicial System seals that I ordered for the courtroom? Did you know that they had changed the colors? Did you know they were oing to paint them maroon and cream? Do you know what maroon is? It's red. Do you hat cream is? It's white." Then Judge Wright added--"judge, are you going to let them hang red and white seals in the courtroom in Lee County, Alabama--Home of Auburn University?" Take the time to look at the colorful Unified Judicial seals hanging behind the benches in the new T. K. Davis Justice Center the next time you are in the area!
6 Court News Page 6 JURY MANAGEMENT REVIEW e End of year juror cost statistics reveal that the average cost per trial increased from $523 in FY 1983 to $531 in FY 1984, an increase of $8.00 per trial or approximately one-tenth of one percent. Despite this slight increase in average cost per trial, the figure remains more than 11 percent less than the 1982 high of $599. "With the increasing complexity?of i litigation which requires longer trials, it is significant that the circuit judges 'have been able to hold the line on juror costs," said Frarik Gregory, Director of the AOC State Court Operations Division. "The absence of significant increases. in the cost of jury trials reflects great credit on our judges and court officials who have worked hard to improve the management of juror services within their courts," said Mr. Gregory. Fherl-, Yemr FY 1984 FY I983 FY 1982 ar).--'- 6n Per Trial $a1 $523 $3 99 a? Commrrsion ET== $101,078 $196,339 $ Jw segwrtmh fipmcr $ $ 89,086 $173,315 20th Circuit Leads State in Lowest Cost per Trial Last fiscal year the 20th Judicial Circuit, which includes Henry and Houston Counties, had the distinction of reporting the lowest costs per trial for the state. The average cost of a trial in the 20th Circuit was $308 which was well below the statewide average cost per trial of $531. The second lowest cost per trial was $309, reported by the 22nd Circuit (Covington County). The 37th Circuit (Lee County) followed closely with a cost per trial figure of $311. In the 25th Circuit (Marion and Winston Counties), the cost per trial was $316, while in the 12th Circuit (Coffee and Pike Counties) the cost per trial was $ The top five circuits had cost per trial figures of less than $400. Thirteen circuits had cost per trial of between $400 and $500, and, in the remaining 21 circuits, the reported costs per trial exceeded $500. Jury Commission Expenses Continue Downward For the second year in a row, jury commission expenses have been significantly reduced. Over the last two years, jury commission expenses have been reduced by 71 percent or by $246,449. This reduction is the direct result of Act , which provided the Unified Judicial System with alternative means of qualifying and summoning jurors. The new law which authorized the courts to consolidate the qualification and summoning process greatly decreased the clerica workload at the local level. The one-ste b system, combined with the electronic selection of p respective jurors, has led to a much greater level of efficiency in the jury selection process. At \present, 41 counties are using the one-step system, while four counties are due to begin using the system in January, During FY 1984, 72,422 summons were electronically generated by the Administrative Office of Courts and mailed to residents in the participating counties. Sequestration Costs Down Since the passage of Act , juror sequestration expenses have been significantly reduced. From a high of $173,315 in FY 1982, sequestration costs have been reduced to $78,931, a reduction of $94,384 or 54.4 percent. P rior to , jury sequestration was required in all felony cases unless the accused, his counsel, and the prosecuting attorney all consented to the jurors separating during the trial. In accordance with Act , the final decision as to sequestering or separating the jurors rests solely with the trial judge.
7 Court News Pane 7 JUDICIAL STUDY COMMISSION SCHEDULES JANUARY MEETING The State Judicial Study Commission will meet January at the University of Alabama Law Center in Tuscaloosa. The commission is established to continuously study and make recommendations to improve the state's justice system. A key part of the January program will be a report by District Judge Aubrey Ford, who has chaired a task force to study ways to improve juvenile probation services in the state. The task force was appointed by Chief Justice Torbert after a request from Governor Wallace that a study of the state's juvenile probation needs be conducted. Other program activities will include (I) a report from the joint legislative/judicial committee to study and develop plans for a new state court building; (2) a joint presentation on sentencing by Circuit Judge Joe Phelps (15th Circuit) and Representative Beth Marietta (Mobile); (3) a report from Decatur attorney Bob Harris, chairman of the State Bar committee to study restructuring of the appellate courts; and (4) a report on past and current legislative activities. The commission is composed of representatives from the legislative, executive, and judicial branches of state government. Chief Justice Torbert is chairman, and Heflin attorney John Casey is vice chairman. Chief Justice C. C. Torbert, Jr., James R. James, Southeastern Regional Director, National Center for State Courts, and Allen L. Tapley, Administmtive Director of Courts, chat during James' recent visit to Montgomery. 7 Clerks, Registers, and employees gathered in Montgomery in November for Fall Specialty Conference.
8 Court News Page 8 PRESIDING CIRCUIT JUDGES TO MEET The annual meeting of the Presiding Circuit Judges is scheduled on Wednesday, January 23, 1985, from 1:00 p.m. to 5:00 p.m., at the Governor's House Motel in Montgomery. During this meeting, the Presiding Judges will discuss with Chief Justice C. C. Torbert, Jr., and Administrative Director of Courts Allen L. Tapley any problems or concerns of the court system. Plans and projects will be reviewed and general administrative and legislative projections will be discussed. JUDGES MID-WINTER CONFERENCE HAS ADDED DIMENSION The 1985 Judges Mid-Winter Conference will include a meeting of the Federal-State Judicial Council devoted to an in-depth 1 study of habeas corpus. For state judges, the conference will open on January 24, 1985, with a "State of the Judiciarytt address by Chief Justice C. C. Torbert, Jr., and Allen L. Tapley, Administrative Director of Courts. The Federal-State portion begins with a luncheon add ress by the Honorable John C. Godbold, Chief Judge, Eleventh Judicial Circuit, U. S. Court of Appeals. The afternoon session will be devoted to "Federal Habeas Corpus and the State Trial Judge: Problems, Pitfalls & Prognoses" by Ira P. Robbins, Barnard T. Welsh Scholar and Professor of Law, The American University of Washington College of Law, Washington, D.C. On Friday morning, Assistant Attorney General Ed Carnes will present "Practical Aspects and Ramifications of the Manner in Which State Court Orders, Findings and Opinions Are Drafted." These two presentations will be followed by a Response Panel, moderated by U.S. District Court Judge James H. Hancock of the No rthe m District of Alabama. Panel members will be Professor Robbins and Assistant Attorney General Carnes; State Circuit Judges Joe Colquitt, Tuscaloosa, Joe Phelps, Montgomery, and Douglas Webb, Brewton; Federal District Judges Emmett Cox, Mobile, and Myron Thompson, Montgomery; and U.S. Magist rate Macy Taylor, Birmingham. During the final session of the Federal- State meeting, judges will participate in group discussions of mutual concerns when the groups are divided by federal districts. Croup leaders for the Northern District will be Judge Kenneth Ingram, 18th Judicial Circuit, and Judge Sam C. Pointer, Chief Judge of the U.S. Northern District; for the Middle District, Judge George W right, 37th Judicial Circuit, and Judge Truman M. Hobbs, Judge in the U. S. Middle District; and for the Southern District, Judge Hardie 0. Kimbrough, 1st Judicial Circuit, and Judge Brevard Hand, Chief Judge of the U.S. Southern District. Running concurrently with these Federal- -, State sessions is another series of seminar The first is a discussion of actions i b Bankruptcy Court and its effect on actions in state court, presented by Mobile Attorney David Hannan. How to collect fines and court costs will be discussed by a panel moderated by Judge David Enslen, Fayette, with Judge Jeri Blankenship, Huntsville, Judge Ken Snow, Linden, and Judge Earnie White, Brewton, serving as panel members. Lt. J. S. Boggs of the Department of Public Safety will discuss the revisions in radar operator certification requirements and its impact on court testimony. The new Worthless Check Unit for district attorneys' offices will be explained by Shelby County Deputy District Attorney Robert L. Williams, Jr. On Friday, Judge Dwight Hixon, Associate Justice Richard L. Jones, and Court of Civil Appeals Clerk John Wilkerson will discuss "P rese rving a Record by Other Means: ARAP 14 & ARJP 20." The fin session will be an "Update on School to be presented by school board attorne Phillip Laird of Jasper.
9 Court Newn Page 9 MORE WINTER CONFERENCES ON TAP January 24-25, 1985 Seminars Scheduled for Court Reporters Mid-Winter Seminars for Court Reporters will be held on January 24-25, 1985, at the Sheraton Riverfront Station in Montgomery. The opening session will be devoted to "Dealing with Job Pressures and Stress," presented by Dr. Hilda Tant of Birmingham. Dr. ~obert Chisnell of the University of South Florida in Tampa will conduct a seminar on transcribing street language into a comprehensible written transcript. Angelo Trimble, Director of Municipal Court Operations at the Administrative Office of Courts, and Lynda Flynt, Staff Attorney, will discuss DUI laws, and Sgt. R. C. Massey, Department of Public Safety, will demonstrate the Photo Elec- On Friday, George Earl Smith, Reporter of Decisions for the Supreme Court of Alabama, will discuss how to use Legal References; and Donna Johnson, Director of the Cadsden State School of Court Reporting, will review reference books appropriate for a court reporter's library. a all Two seminars on reporting criminal testimony will be conducted by Fulton Prevost and Lonny Hardin, who are with the Department of Forensic Sciences. Seminars on medical-related testimony. will be presented by Dr. John Fisher, Chief of Clinical Pharmacokinetic Services at Druid City Hospital in Tuscaloosa, and Dr. Barry J. McNamara, a Montgomery optometrist. February 2-3, 1985 New Municipal Judges Orientation Set Qrientation of new municipal judges s set for February 2-3, 1985, at Farrah on the University of Alabama Campus, in Tuscaloosa. The two-day program will offer the new judges a bird's-eye view of the practices and procedures of a municipal court as well as practical advice 1 from exper~enced judges. Judge Roy Hasseltine, Rogersville, and Judge Jack Lowther, Vestavia Hills, will open the session with an overview of being a municipal judge--how to conduct court, working with court personnel, and the judge's duties and responsibilities. Judicial Administration techniques will be presented by Administrative Office of courts staff members Angelo Trimble, Lynda Flynt, and Jean Holcomb. Major Harold Hammond, Director, Driver License Division, Department of Public Safety, will explain the rules and procedures of his division, and Sgt. Jim Collins will discuss the operation of radar. A mock trial will be conducted to teach court p rocedu res. Commonly encountered cases will be discussed on the second day of the session. Leading the discussion on traffic will be Judge Woody Dinning, Jr., Demopolis. Judge Curtis Springer, Montgomery, will make a presentation on DUI cases; Judge Eugenia Loggins, Opp, will discuss general welfare cases; and Judge James Lackey, Mobile, will talk about cases involving theft and checks. Final questions and answers will conclude the session. February 11-15, 1985 New Circuit and District Judges to Meet Orientation for new circuit and district judges is scheduled for February 11-15, 1985, at the Sheraton Riverfront Station in Montgomery. The sessions will begin on Monday at 1:00 p.m. and conclude on Friday by noon. During the week, there will be some joint sessions for circuit and district judges, but most of the sessions will be for each jurisdiction. Twelve new circuit judges and five new district judges will be invited to participate. (Continued on Page )
10 Cour~ News 28 Incumbent Judges Win Re-election, Two Lose; 14 New Judges Elected, Appointed Since October 1 Thirty-one state court judgeships, six appellate, and 25 at the trial level, were on the ballot in the 1984 primary and general elections. Twenty-eight incumbents were re-elected, two were defeated, and one incumbent chose to retire. Including three newly elected judges, the appointments to fill the ten new judgeships created in the 1984 legislative session, and one other appointment to fill a vacancy, 14 new judges have assumed the bench since October I. New judges elected were: Appellate Courts-- H. W. "Buc!<y" McMillan won the democratic primary nomination for a seat on the Court of Criminal Appeals being vacated by the retirement of Judge John Harris. McMillan was unopposed in the general election. Circuit Courts--Republican W. W. Rabren defeated incumbent Democrat Harold Walden for one of the three circuit judgeships in the 18th Judicial Circuit. District Courts--Auburn Municipal Judge Richard Lane defeated Lee County District Judge Michael Nix in the democratic primary. Lane was unopposed in the general election. Twenty incumbent judges were unopposed and re-elected to six-year terms. They are: State Supreme Court--Associate Justices Richard Jones and Jimmy Faulkner. Court of Criminal Appeals--Judges John C. Tyson, 111, Sam Taylor, and John Patterson. Court of Civil Appeals--Judge Richard Holmes. Circuit Courts--Judges Joe G. Bamard and John N. Bryan, Jr., 10th Circuit; Judge W. Loy Campbell, 38th Circuit; Judge Charles H. Dodson, Jr., 13th Circuit; Judges Mark Kennedy and Charles Price, 15th Circuit. District Courts--Judge David Breland, Morgan County; Judge John D. Coggin, Cherokee County; Judge Allen Crow, Calhoun County; Judge Hartwell Lutz, Madison County; Judge Jerry Masters, Henry County; Judge Joe Poole, 111, Butler County; Judge William E. Robertson, Talladega County; Judge Thomas Stowe, Jr., Elmore County. Eight incumbent judges were re-elected but had opposition in either the.'primary or geneml election, or both. They are: Circuit Courts--Judge Inge Johnson, 31st Circuit, primary opposition but unopposed in general election. Judge James D. Sloan, Jr., 7th Circuit, opposition in general election. District Courts--Judge Lynn Bright, Montgomery County, primary and general election 8 opposition. Judge Aubrey Ford, Jr., Macon County, primary opposition but unopposed in general election. Judge John Oliver, Tallapoosa County, primary opposition but unopposed in general election. Judge Byron N. Waldrop, Marshall County, primary opposition but unopposed in general (Continued on Page 11)
11 -- Court News Page 11 ()2ld%nued from Page J 0) election. Judge Thomas S. Wilson, Tuscaloosa County, primary opposition but unopposed in general election. Judge Phillip Wood, Autauga County, primary and general election opposition. Ten new judges were appointed on October 1, pursuant to creation of new positions by the legislature in the 1984 regular session. They we re: Circuit Courts--Judge Charles Najjar, Judge J. Richmond Pearson, Judge Wayne Thorn, and Judge Arthur Hanes, Jr., 10th Circuit; Judge Mike Suttle, 11th Circuit; Judge Sam Adams, 12th Circuit; Judge Robert Kendall, 13th Circuit; Judge Richard Dorrough, 15th Circuit; Judge Tom Norton, 28th Circuit. District Courts--A1 Johnson, Russell County. When Jefferson County District Judge Wayne Thorn was appointed to the circuit bench, his vacant position was filled with the appointment, of Gerald S. Topazi. Circuit Judge Mike Suttle Circuit Judge Robert Kendall 11 th Judicial Circuit 13th Judicial Circuit Chief Justice Torbert swears in newly appointed 10th Judicial Circuit Judges. (1-r) Torbert, Arthur Nanes, Jr., Wayne morn, J. Richmond Pearson, Charles Najjar. Circuit Judge Richad Dorrough Circuit Judge Tom Norton District Judge A1 Johnson District Judge Gerald Topazi 15th Judicial Circuit 28ih Judicial Circuit Russell County Jefferson County
12 Court News Page 12 Clipping from SELMA TIMES-JOURNAL The spotlight still shining on the iudge By JEAN MARTIN Community Editor From the circuit court to center stage at the upcoming Tale Tellin' Festival is a natural transition for Judge Edgar P. Russell Jr. For 25 years, he's entertained jury panels during courtroom delays with amusing incidents from his t ie on the bench. And since his retirement in August, he's been polishing his prose and adding to a collection of stories he's writing about the people and eventsof those years. "So many interesting people, so many humorous events that it would be a shame to let them go Judge Edgar Russell laughs at his story when I go - so I'm puttihg them in a book," he said, leafing through the neatly typed pages of thesmall, black notebook in which he's recording them. It's from that notebook he'll draw material for stories to tell at the festival. Russell's flair for the colorful colloquialism and his reputation as a raconteur was inherited from his father, the late E.P. "Heck" Russell who was a wholesale grocer on Water Avenue. "M!,daddy was a great story teller, he recalled. "When we were little boys. all three of us (Russell and his brothers. John and Donald) would get in bed with him at night and he'd tell us about a Luke Short western serial running in the Saturday Evening Post. "Every week he'd tell us the new installment." He grew up "when conversation was still an art, when all kinds of people told stories," Russell said. "Joe Evans, circuit clerk at the courthouse, Uncle Jack Phillips. Harry Hooper - t.hey were ones ydu listened to. All my father's contemporaries grew up telling stories, natural to them. "Now we're too fussy to sit around a fireplace and talk. The kids are bored, and so regimented they have to have something to entertain them. We've done that, I guess, and we need to do something about it. This revived interest in story telling will help." Russell paused, looked back through his notebook, then laughed. "Daddy used to say he could entertain himself for hours with a spool and a piece of string. He exaggerated but when I see the Christmases my grandchildren have and remember mine - when a gift or two meant something - it upsets me. "This is getting away from story telling, but it is an ancient art that was born in a simpler time," Russell added. "Three things are necessary to tell a story and have people enjoy it: "A sense of humor, a sense of timing and a good memory. "Personally speaking. if I tell a story well the reason is that I'm people~riented, always have been. I relate to them in an amicable way. I'd much rather draw them to me,yth honey than a dose of vinegar. Russell's book is rich in Black Belt tales, many of them told by Lummie Jenkins, the almostlegendary sheriff of Wilcox County who died only a few years ago. "Lummie was an amazing man, knew and used a good bit of ap plied psychology in dealing with people. And he rasinfdllible when it canre to who was lying and who was telling the truth. "When he knew a suspect was lying, he'd apply his 'truth test. He'd tell the suspect that he didn't believe he was speaking the truth and he'd have to give hm a liedetector pill that never failed. "Lummie wodd get an Alka Seltzer tablet, place it on the suspect's tongue, wait until the man started salivating and the tablet fizzed. It never failed. He found a lot of stolen chickens that way." Russell also plans to tell about the "Mojo" that Jenkins put on a female bootlegger, and the still operator who ran out from under hishat. And the colorful characters of the legal profession in Dallas County's earlier history are not neglected, including some from the Civil Rights days which had an occasional humorousside. At Tale Tellin' he might reminisce "about the time a bunch of us country jake lawyers went ;p the Supreme Court to try a case. If he does, he'll speak of T.G. "Lawyer" Gayle and "Mr. Arthur" Pitts, both local legends in their time. Clipping from BIRMINGHAM NEWS Missing witness found: He's among jurors Jefferson County Circuit Judge James G mtt says he usually d m't go looking for W ing witnesses. But in a recent murder trial he was able to help justice along - the easy way. As jury selection began in the recent trial of a woman charged with slaying he! ex-husband, the defense attorney complained that following months of searchmg he'd been unable to locate a man who had apparently oberved the shooting, Gmtt sys. So attorneys in the case were somewhat surprised when the missing witness - who'd never known attorneys were looking for him - showed up among the pool of potential jurors from which a jury would be picked for for the case in which he was Wig sought, the judge says. "I'd say that in the catergory of weird, that's on a scale of eight or nine," Garrett says The man was excused from jury duty and tmk up his post as a potential witness. Christmas and New Year's Holiday Schedule Christmas--Monday and Tuesday, December 24-25, 1984 New Year's--Tuesday, January 1, 1985 (Continued from Page 9) New Judges to Meet c#i Experienced judges will explain p tices and procedures for various as well as provide helpful advic managing the court and its business.
13 Court News Page 13 McAliley Honored by State Child Support Association Coffee County District Judge Gary L. McAliley was recently selected " Judge of the Yeart' by the Alabama Child Support Association at its annual conference in Birmingham. The Association is composed of district attorneys, judges, county Pension and Security personnel, and child support coordinators. McAliley received the award for his support of children's rights, his participation on Uniform Parentage Act and Wage Assignment committees, and for other successful and innovative child support collection methods he has introduced. His collection techniques have resulted in Coffee County's consistently ranking among the top counties in per-child child support collections in the State. The Association also honored Gordon Bailey, Special Assistant Attorney General for the Calhoun and Clebume Counties' Department of Pensions and Security. Bailey received the John Hulett Award for the most outstanding individual contribution to the child support program.
14 Court News Page I4 COURT NEWS Newrletter of the A l a b Judicial Syrtem COURT NEWS, newsletter of the Alabama Judicial System, is published as an informational and educational service to state judicial officials and personnel. Inquiries should be addressed to Administrative Office of Courts, 817 South Court Street, Montgomery, AL Telephone: (205) or (toll-free in state) William A. Campbell Director of Research and Planning and Editor Ann C. Henn Atmistant Editor C. C. TORBERT, JR. Alabama Chief kstice ALLEN L. TAPLEY Administrative Dlrector of Courts KENNETH F. INGRAM, President Aiabama Association of Circuit Judges HAROLD CROW, Preddent Alabama Association of Diatrlct Judges ROY HASSELTINE, President Alabama Association of Munlclpal ludges DwGHT HIXON, President Alabama Cwncil of Juvenile and Family Court Judges POLLY CONRADI, President ~ledama Association of Clerks and Registers ERWIN G. SCOTT, President Aiabama Shorthand Reporters Association PATSY DUNIVANT, President Alabama Circuit Judges' Secretaries Association CHERYL J- HAWKINS, President Alabama District ludges' Secretaries Association STATE OF ALABAMA ADMINISTRATWE OFWCE OF COURTS 017 Cart 0- -, Awaan Wlao n BULK RATE 0.8. POSTAGE -PAID- MONTGOMERY. AL PERMIT 108
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