The Political Round-Up
Proceedings advance in ethics case naming local judge; Potential GOP fireworks fo' shizzle but fizzle
in Baldwin County state senate race; The Silver Fox caged; MoveOn Mobile; Hot times & fast pitches out west;
'The Night They Drove Old Dixie Down.'
By Chip Drago
Mobile Bay Times
Suspended Mobile County Circuit Judge Herman Thomas appeared before the Judicial Inquiry Commission in Montgomery for about 1-1/2 to two hours Friday, according to sources within the state court system.
Prosecutors were granted until July 6 but moved more quickly to amend a 15-count complaint against the veteran Mobile jurist under an order issued by Judge J. Scott Vowell, a member of the Court of the Judiciary.
Thomas was originally charged in March with ethical violations in connection with his handling of criminal cases involving:
- His cousin, ousted Mobile County School Board commissioner David Thomas;
- Former professional, Auburn and Shaw football star Leonardo Carson and;
- Akil Figures, the son of state Sen. Vivian Figures and the late Michael Figures.
About two months ago, a second round of allegations was referred to JIC when most of the Mobile County Circuit bench signed off on a letter accusing their colleague of poaching cases off other dockets.
The amended complaint added 15 charges stemming from the grievances of Thomas's colleagues.
Thomas has withheld public comment but flatly denied the initial accusations in his official response to the JIC.
Thomas, through his attorney Dave Boyd of Balch & Bingham, has 30 days to answer the additional charges. Thomas took the full 30 days in responding to the original complaint. However, Thomas's defense is expected to respond more rapidly to the new charges.
The JIC is next set to convene Friday, July 13. Thomas may seek to mediate the complaint at that session.
Rule 10 in JIC's rules and procedures provides for "alternate dispute resolution" as follows:
- A. At any time during the pendency of a charge or investigation but more than 10 days before the trial, the judge being charged or investigated may demand, and the whole commission must conduct, a hearing before the whole commission to discuss the charge or suspected conduct and to attempt to resolve the charge or investigation on terms to be presented by joint motion to the Court of the Judiciary. A majority of the commission may bind it to any such resolution. Any such resolution reduced to writing and signed by the judge and a majority of the commission shall bind the judge and the commission unless and until the proposed resolution is rejected by the Court of the Judiciary.
- B. All statements made by or for the judge in or for a hearing conducted or to be conducted pursuant to this rule shall be privileged and inadmissible as either substantive evidence or impeachment evidence against the judge.
Criminal Appeals Judge Greg Shaw, the COJ's chief judge, set the matter for trial July 25.
Deputy Attorney General Bill Lisenby Jr. and Assistant Attorney General W. Brent Woodall are prosecuting the case with the JIC.
Sources close to the investigation believe it possible that Thomas and JIC will strike an accord allowing Thomas to return to the bench in the future. The opinion was based in large part on Thomas's explanation Friday to his colleagues' criticism. Assuming a proposed resolution is reached, it would then go to the COJ which would accept or reject it.
Rejection would position the complaint for trial before the COJ.
The COJ's nine members include Shaw, Vowell, Circuit Judge David Rains of Fort Payne, District Judge John J. Dobson of Oneonta, Circuit Judge John V. Denson of Opelika, attorneys Jim North of Birmingham and Billy Melton of Evergreen.
Mobile Mayor Sam Jones and Sue H. McInnish of Montgomery remain listed as the COJ's two lay members, although their terms have expired. It was unclear whether their service ends with the term or whether they continue to serve until their replacements are seated.
A former assistant district attorney and district court judge, Thomas has had a prominent role in a wide array of community activities, boards, foundations, charities and organizations.
The office of Mobile County District Attorney John Tyson is also investigating the judge, independent of the JIC's proceedings.
Baldwin GOP fireworks fo' shizzle but fizzle
A budding brouhaha in the Baldwin County GOP over a Republican officeholder's alleged campaign contribution to a Democrat threatened to spice up this summer's special election to fill Bradley Byrne's unexpired District 32 state senate term.
The prospective challenge to the candidacy of Baldwin County Commissioner David Ed Bishop of Fairhope ended with a whimper, not a bang.
Earlier reports suggested GOP loyalists would challenge Bishop's candidacy under a recently adopted GOP loyalty rule.
Under the rule, GOP officials reserved the prerogative to deny access to the ballot to a candidate for public office "if in a prior election that person was a Republican officeholder and either publicly participated in the primary election of another political party or publicly supported a nominee of another political party."
The rule was made effective for the previous six years.
State Sen. Pat Lindsey, D-Butler, recorded a $150 contribution on Jan. 4, 2006 from "Friends of David Ed Bishop Campaign," according to his campaign financial disclosure filed with the Alabama Secretary of State's office. Lindsey's filing also showed a $250 contribution on Jan. 3, 2006 from "Friends of Jody Bishop Campaign." A Republican judge in Baldwin County, Jody Bishop is the son of the county commissioner.
Lindsey, whose District 22 includes some of north Baldwin County, refuted his own campaign records in a June 28 letter "to whom it may concern."
"I am writing this letter to make it clear Mr. Ed Bishop of Foley, Alabama (sic) did not make a contribution to my re-election campaign for the Alabama State Senate last year," Lindsey wrote.
Lindsey acknowledged that Bishop's name was listed on the report, but claimed that further checking of campaign documents provided "no verification that Mr. Bishop made any contribution to the campaign."
Lindsey said the listing of Bishop was inadvertent.
"This error, we are sure, took place because Mr. Bishop is a personal friend and his name and address are in our office and rolodex files," said Lindsey.
The senator noted that his 30-page report listed more than 280 individual contributors.
A "double-check" of his records, said Lindsey, demonstrates "clearly ... no record of any contribution from Mr. Bishop."
Lindsey expressed a willingness to discuss the matter with GOP officials. He also said an amended report correcting the error would be filed with the Secretary of State.
"Ed Bishop never made a political contribution to Sen. Lindsey," Bishop campaign spokesman Jon Gray said. Gray said the campaign had no further comment.
Bishop is joined in the GOP field by Randy McKinney, a member of the state School Board, Eastern Shore businessman Trip Pittman, former state Sen. Albert Lipscomb and GOP chairman Don McGriff, a former nominee for lieutenant governor.
Eastern Shore attorney A.J. Cooper, formerly the mayor of Prichard in Mobile County, qualified to run as a Democrat.
A Republican runoff, if necessary, would be held Sept. 11. The winner would face Cooper in the general election Oct. 16.
The seat became vacant in May when Byrne accepted Gov. Bob Riley's nomination to become chancellor of Alabama's two-year college system.
The Silver Fox Caged
Former longtime Mobile County Tax Assessor Ken Malone's "last campaign" to free the imprisoned ex-governor of Louisiana, Edwin Edwards, will not be the grandiose media event that the veteran Chickasaw politico first envisioned.
After meeting with Edwards for about two hours recently in a prison at Oakdale slightly northwest of Lake Charles, Malone said he came to agree with Edwards' conclusion that pursuing his release more quietly through official channels was the best course at present.
A roguish and legendary political figure even by Louisiana standards, Edwards was almost always in the shadow of scandal. Finally, in 2001, he was convicted and sentenced to 10 years in prison on racketeering charges.
Edwards began serving his sentence in October of 2002 in Ft. Worth Texas, but was later transferred to an Oakdale, La. facility. He is eligible to be released in 2011.
Edwards will turn 80 on Aug. 7.
Executive clemency is the only realistic possibility for securing Edwards' release, he said, and Malone called that "a long, long, long shot."
Malone said he has long admired Edwards, both from afar for his winning style and more personally stemming from an incident when a constituent called on Malone for assistance on behalf of a relative imprisoned in Louisiana. According to Malone, with the woman still in his office, he placed a call to Gov. Edwards in Baton Rouge and was told that Edwards was in a meeting. He left a message, asking for a return call from the governor who he had never met. Discussing the circumstances with the woman, Malone said he was shocked that Edwards returned the call within five minutes, grasped the situation and immediately put in motion measures to correct the snafu.
According to Malone, Edwards appeared to be in excellent health, both mentally and physically. He said the 16-year governor had recently completed penning an account of his times which he was editing down to a more manageable and marketable length at the request of his publisher.
Edwards expressed a deep interest in and curiosity about Alabama politics and politicians, particularly George Wallace and Big Jim Folsom, Malone said.
Throughout their visit, which occurred in a patio area near the entrance to a visiting room, a parade of prisoners, visitors and children came and went constantly and Edwards interrupted their talk to greet each and every one, said Malone.
"I said, 'old habits die hard,'" Malone said, "and he said, 'I guess you're right; it goes with the job.'"
"The man is at peace with God," said Malone. "He's made his peace. He said he felt comfortable with his life and, whatever the Lord's decision, he will abide by it with no malice toward anybody."
Malone said he planned to visit with Edwards again.
MoveOn in Mobile
An Al Gore-inspired Party for the Planet will be held Saturday as people world wide "rally for a solution to the climate crisis."
People will gather at concerts on seven continents and at more than 6,000 parties from Alabama to Zimbabwe, including MoveOn member Herbert Wagner's digs at Jemison St. and Howell Ave. in Mobile at 7 p.m.
The event will feature barbecue and potluck "with progressive friends and neighbors." Then shown will be highlights of the first presidential candidate forum dedicated to the climate crisis—with questions posed on video by MoveOn members. (This part of the program is just for MoveOn members and friends at over 1,300 parties coast-to-coast.)
National Men’s Softball Tournament Comes to Mobile
The City of Mobile’s Parks and Recreation Department will host the Amateur Softball Association (ASA) Men’s Senior 50-and-Over Fast-Pitch National Championship Tournament, on July 6 – 8, 2007 at Medal of Honor Park.
Opening ceremonies are scheduled for Friday, July 6 at 5 p.m. with Mobile City Council President Reggie Copeland throwing out the first pitch. Friday games will begin at 6 p.m. Saturday games will begin at 8 a.m. and continue throughout the day. Sunday games will begin at 8 a.m. with the finals scheduled for 12 noon.
Teams from as close as Pensacola, FL and as far as Seattle, WA will participate in the 10-team tournament. Tickets are $5 per day or $10 for a tournament pass.
'The Night They Drove Old Dixie Down'
Dixie Street in Mobile will be renamed to honor a local civil rights' pioneer.
The family of Dr. James H. Finley gathered at the Mobile City Council meeting Tuesday, July 3, 2007 to celebrate the changing of the name of Dixie Street to James H. Finley Drive.
Finley’s widow, Ms. Joycelyn Franklin Finley, accepted a resolution declaring the change and a ceremonial street marker. A sign dedication is planned.
Finley was an early civil rights leader in Mobile, and opened Finley’s Drug Store #2, the first of a chain of Finley Drug Stores. The site of the original store will soon be memorialized as part of the Mobile African-American Heritage Trail.
