What's Really Going on in Alabama Courts?

WHAT IS REALLY GOING ON IN THE AVERAGE ALABAMA COURTHOUSE?

The Alabama Family Rights Association (ALFRA) is working to preserve, promote, and protect family relationships. In our efforts to reform Alabama Family Law and Practices, we are aware of the daily operations of the Family and Domestic Relations Courts throughout the sixty-seven counties.

After observing the Alabama Judicial Inquiry Commission (AJIC) trial involving charges against Judge Dorothea Batiste, my question is: Why is this particular judge being singled out? This goes on every day in almost all Alabama courtrooms.  For example, a Chilton County Judge ordered a mother of two held on an unlawful contempt charge for nearly six months, yet nothing has been done. Also, after almost a decade of complaints and seventy-four charges against Montgomery County Judge Patricia Warner, the ACOJ allowed her to walk away in 2011 with all of her orders and cases which involved children in abusive situations to remain in place. There have been several cases in the Limestone area where a judge has held individuals in contempt without giving the accused a means to purge themselves.  A Shelby County judge and a recently retired judge from Jefferson County have both charged litigants with contempt while disregarding their due process rights as guaranteed by both the United States and Alabama constitutions.  And all of these complaints have fallen on deaf ears.

Judge Batiste’s attorney, Julian McPhillips, said in his opening statement that Judge Childers has held numerous individuals in contempt for similar reasons that were used as complaints against Judge Batiste and actually kept people in jail for longer periods of time. Again, the question I present is: Why is it this particular judge is being singled out? All judges that violate due process must be held accountable and by the same standards. What are the standards? ALFRA is aware that the sixty-seven counties have different and localized standards regarding standard visitation for custody arrangements, but do we now have individualized and localized standards regarding judges within individual counties? It is important to note that pursuant to the Alabama Rules of Civil Procedures XI. General provisions Rule 83 “all local rules are abolished effective April 14, 1992, and no local rules shall thereafter be permitted”. There are judges using contempt charges as weapons throughout the sixty-seven counties in Alabama.

Is there an accountability mechanism in place to protect and safeguard all citizens that applies to all judges? In my opinion, creating a standard that selectively holds certain members of the judiciary accountable only serves to further question the integrity of Alabama's justice system and appears to demonstrate judges are more interested in protecting each other than protecting the citizens, especially the children of Alabama.

Victims that have been deprived of their due process are encouraged to file a complaint with the Alabama Judicial Inquiry Commission (AJIC). 



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Ethics Complaint Brought Against Judge Mike Jones

Kenneth Paschal, Director of Government Affairs for ALFRA, has brought an ethics complaint against Lauderdale County Circuit Court Judge Mike Jones. The suit has been filed on behalf of the minor child of Mark Davis.

How many ethics complaints against judges are filed each year in Alabama? Since 2000, the yearly average is 156. Obviously these complaints are not a great rarity, but neither are they an every day occurrence in each of Alabama's 67 counties.

Just what does this ethics complaint say? The complaint itemizes five charges against Jones; however, our opinion is the accusation that the good judge allowed personal malice against Mark Davis to affect his ruling(s) is one of the complaint's strongest points.

The judicial inquiry committee has informed Mr. Paschal that it may be at least eight weeks before any action is taken on the complaint. We're waiting, and the citizens of Alabama are watching.



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Harlan School Update/ALFRA Meeting

We've had some updates and clarifications concerning the termination of Dr. Shirley Coker at Harlan Elementary School in North Florence. It seems six teachers had requested transfers at the end of the last school year. At least some of these teachers were later questioned by an attorney for the Florence School Board.

The first called meeting of the Board was last Tuesday night. Dr. Coker received her walking papers on Wednesday, and a second Board meeting Thursday night put a coat of whitewash on the deal, or as one of our readers stated, the meeting was nothing but window dressing.

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ALABAMA ADVISORY COMMITTEE ON
CHILD SUPPORT GUIDELINES AND ENFORCEMENT MEETING

On Friday, August 2nd at 10:00 AM, THE ALABAMA ADVISORY COMMITTEE ON CHILD SUPPORT GUIDELINES AND ENFORCEMENT WILL MEET in the Mezzanine Classroom, Heflin-Torbert Judicial Building, 300 Dexter Avenue, Montgomery, Alabama.

The purpose of the meeting is a 4 year review of Child-Support Guidelines in Rule 32, Alabama Rules of Judicial Administration as mandated by Federal Law.

This is an opportunity for parents to share their experiences directly with decision makers, with regard to application of the child support guidelines and enforcement. We would like to invite those impacted to participate so that the Child Support Committee will hear real stories of real situations to help them make informed and fact-based decisions toward improving the child support system for Alabamians. Even if you do not intend to speak, please attend to learn more about how State practices affect the lives of many Alabamians. Your presence alone could make a difference!

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ALFRA does much good in the state. If anyone with an interest in reforming the child support system in Alabama has the opportunity to attend this meeting, please do so.



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Are You a Fit Parent?/Mug Shots?

Are You a Fit Parent?

A Guest Commentary By

Mark Davis

As a fit parent advocate, married or unmarried parents should watch the following 35 minute shocking documentary about how parental rights are being violated.

The video features three married families. One of the three true stories is about a Court that ordered fit parents limit their child's church attendance because the child didn't want to attend Church three times a week.

If anyone is of the opinion similar would never happen in Alabama, it goes on every day in the Alabama Judiciary. I have personal knowledge of this because I have fielded hundreds of emails and telephone calls from other Alabama parents in my efforts to reform Alabama family law.

In 2008, Madison County Circuit Court Judge Billy Bell determined one parent should not have custody of her child because she was "too religious". This judicial judgment made national media program "Inside Edition" but was not reported by main stream media in Alabama. See the story here: http://www.insideedition.com/news.aspx?storyID=1389


In 2006, Lauderdale County Circuit Court Judge Ned Suttle determined over my objection it was in my daughters best interests to attend daycare 35 hours each week rather than spend one-half of that time in my personal care, which she had been accustomed due to a Tennessee Court judgment implemented against the other parents wishes. At daycare our daughter was cooped up in a 12'x12' room watching videos with 15 other children most of the day.

In 2011, when the Alabama Court of Civil Appeals was asked to determine if the 2006 Alabama trial court's judgment was void because it violated my fundamental parenting rights, Justice Terry A. Moore in an written opinion said, "The simple fact that a court has erroneously applied the law does not render its judgment void."

This determination is on appeal in the Supreme Court of the United States. A decision whether that Court will accept the case is expected in March 2012.

Don't wait until the Court has shocked your conscience.

Be informed now.

Elections are forthcoming in 2012.

Watch the Free video "Overruled" violations to parental rights, the three minute trailer: http://www.youtube.com/watch?v=ykYzgfzhhRk

Alabama fit parents can find more information how to educate themselves in safeguarding their fundamental parental rights on the Alabama Family Rights Association website at www.ALFRA.org.

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Do you read Hard Times? Even if you don't, you've seen it at the mini-mart. Now The Quad-Cities Daily has started carrying these mug shots and arrest records online. There's currently some controversy on Facebook as to whether it's ethical to publish records of those arrested, but not convicted.

It's been some time since we've had a poll, and this seems like a fitting issue. The poll is unscientific at best, but only one vote will be counted per IP address.



Shoalanda

Comments welcome. No profanity. No vulgarity. No libelous statements. Get it? Got it! Good...

ALFRA's Recommendations to the Mobilized Parent Protection Act

Find below the Alabama Family Rights Association (AFLRA) recommendations to the House Judiciary Committee Bill (HB 408-VET Sub)

The ALFRA bill is called the Alabama Mobilized Parent Protection Act.

The ALFRA legal research team studied similar laws from sister states. Our version is consistent with those similar laws.

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ALFRA Proposed Act - 2010-02-19


Alabama Mobilized Parent Protection Act

SYNOPSIS: This bill addresses (1) custody modifications to mobilized parents in the armed forces; and (2) when any legal action not listed within this Act is filed against a mobilized parent, provisions of the federal Service members Civil Relief Act (SCRA) shall be applicable.

A BILL TO BE ENTITLED AN ACT


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Definitions

For the purposes of this article the following words shall have the following meanings:

(1) ARMED FORCES. The National Guard and the Reserve Components of the Armed Forces, the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, and the United States Air Force, and any other branch of the military and naval forces or auxiliaries of the United States or this state.

(2) MOBILIZED PARENT. A parent who:

(a) Is a member of the armed forces; and

(b) Is called to active duty or receives orders for duty that is outside the state or country, which is consistent with provision of the SCRA.

Actions filed against a mobilized parent.

A court shall apply the Service member Civil Relief Act to any legal action filed against a mobilized parent while said parent is on active duty in the armed forces.

Temporary modification of decree for child custody or parenting time for children of a mobilized parent.

(1) A court shall not permanently modify a decree for child custody or parenting time solely on the basis that one (1) of the parents is a mobilized parent.

(2) Any modification of a child custody decree based on the active duty of a mobilized parent shall be temporary and shall revert back to the previous child custody decree at the end of the deployment, as appropriate.

Petition for assignment of parenting time rights to legal or biological relatives while a mobilized parent is out of the state on active duty military service.

(a) When a mobilized parent has been called to active duty military service and the active duty service requires the parent to be out of the state for a period of at least ninety (90) days, the mobilized parent may petition the court with jurisdiction of the order granting parenting time for a modification of that order for the temporary assignment of that parent's parenting time rights to a legal or biological relative or relatives, provided said relatives, are determined to be fit, willing and capable of exercising said parenting times. The mobilized parent shall be joined in the petition by the relative or relatives to whom the parent is seeking to assign parenting time rights. The petition shall include a proposed parenting time schedule with the relative or relatives that shall not exceed the parenting time granted to the parent at the time of filing the petition.

(b) A court shall hold a hearing regarding sub section (a) within 60 days from date petition is filed, and shall issue an order within 30 days of said hearing, unless the court has valid concerns to the fitness of said relatives.

(c) Any time a valid concern of fitness regarding legal or biological relative or relatives of the mobilized parent is brought to the courts attention, the court shall order a home study or other investigation as required to protect the children. Said investigation shall conclude within 30 days concerns are brought to the courts attention.

(d) Any findings of unfitness under subsection (c) shall be determined by clear and convincing evidence. The court shall list written findings of fact to support such determination.

(e) Any party that makes false accusations of unfitness against a military parent, and/or legal or biological relative of a military parent regarding sub section (a) shall be fined no less than $5,000, plus reasonable attorney fees payable to the parties required to defend such false accusations.

(f) If the mobilized parent does not petition the court for said temporary modification within ninety days (90 days) of mobilization, the children shall remain first, in the primary care of the non-mobilized parent, provided said parent desires primary care of the children; or second, in the care of the guardian the mobilized parent approved under the military care plan required by the armed services. Said parenting times shall revert back to the previous custody decree at the end of the deployment, as appropriate.

(g) The court shall presume unless the petitioning mobilized parent has been found unfit - by clear and convincing evidence - that said parent has a fundamental parental right to make best interests decisions for said children.

(h) The court shall grant the petitioner's request for assignment of parenting time if the court finds that said parenting time is not inconsistent with this Act, and not inconsistent with the federal Service members Civil Relief Act.

(i) An order granting an assignment of parenting time rights pursuant to this Act shall terminate immediately upon the termination of the petitioner's term of out of state active duty military service.

ALFRA - MD 2010-02-19


Thanks to Mark Davis of ALFRA for introducing this meritorious bill and assisting with its passage.


Shoalanda

Go to War...Lose Your Child?

GO TO WAR...LOSE YOUR CHILD?

A Guest Commentary by

Mark Davis

I read in today’s TimesDaily the House Judiciary Committee meets at 9 a.m. Wednesday in room 123 at the Alabama Statehouse to consider a bill that would prohibit a judge from altering custody in a divorce case because a parent has been called for active duty in the National Guard or Reserves.

I found this with interest because the bill I wrote includes same.

I talked to the ALFRA State President Holly Wales, moments ago. She had no word from the legislators working with us to sponsor our bill.

I haven’t seen the bill to be considered in the morning and I haven’t seen a similar one pre-filed, but our bill has been promoted statewide. The military section has been a noted ‘hot topic’ in the political arena.

As for the shared parenting bill , the title of it has changed to, ‘No Parent Left Behind.'

This late in the session, ALFRA is now working toward getting it pre-filed for 2011 session. It wasn’t completed early enough to pre-file in 2010. We have a jr. legislator as co-sponsor but he is waiting for a sr. member to co-sponsor it.

We will have more on this from Mark in days to come.

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Local theatre company presents Spiders & Gasoline: Your Childhood Fears Speak.

the end, Florence’s newest nonprofit theatre company, presents Spiders & Gasoline: Your Childhood Fears Speak, Feb. 25, 26 and 27 at midnight and Feb. 28 at 2 p.m. The Stranger, the Clown, the Monster in the Closet and more of your scariest childhood fears come alive in this series of monologues written and produced by local playwrights. Admission is $5 general admission, $10 luxury seating. Thursday, Feb. 25 is our Pay What You Can night. the end is located at 106 S. Pine Street in Florence. Come support local, underground theatre in the Shoals. For details, visit Myspace.com/theendoftheatre (that’s theatre with an “re”) or find us on Facebook and Twitter.

Quote of the Day: Don't do drugs because if you do drugs you'll go to prison, and drugs are really expensive in prison. ~ John Hardwick

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