Candidate Responses to Voter Guide Questions
Candidates were asked to provide answers to seven fundamental, nonpartisan questions for this Voter Guide. Candidates were advised that their answers would be limited to 250 words per question. The candidate's answers are re-printed verbatim here up to that word limit.
1. How have your training, professional experience, and interests prepared you to serve on the Alabama Supreme Court?
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I ran for the Alabama Supreme Court in 1988, the first year since reconstruction that Republicans had run for the court. While I was not elected, that effort showed me, however, of my need to be involved in public policy. After that time, I became involved in public policy through organizations such as the Southeast Law Institute (www.southeastlawinstitute.org) and the Alabama Pro-Life Coalition. I began to spend more and more time on public policy work. For about the last 15 years one half of my time has been involved in the private practice of law representing small and large businesses, individuals, and nonprofit entities, in all different types of civil matters. The other one-half of my time I have spent working on public policy issues that specifically involve Alabama statutes, the Alabama Constitution and the United States Constitution. Through these efforts, I have gained valuable insights into both the private and public needs of Alabamians. I have worked with the entire strata of client, from individuals to governors. I have worked with legislators since 1990, without pay, to assist them on a number of issues during each legislative session. I have represented the State of Alabama in a number of important lawsuits. Through these experiences, I have nurtured a valuable insight into the law and how it affects the ordinary and daily needs of individuals, and how it is applied in the larger scope for the general needs and welfare of our state. |
| 2. What do you consider to be the three most important attributes of a judge? |
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a. A knowledge and understanding of the law - Only lawyers can be judges. Those who qualify to be a judge should have the years of practice and experience which gives them an understanding of the law and how it may be applied. Simply studying law or a few years of limited experience does not qualify a person to sit in judgment of others, particularly on an appellate court, where the decisions will become precedent and binding on the citizens of the state.
b. Patience – A judge must have patience. This permits a full development of facts and arguments of law which will provide the firm foundation for judicial precedent. In practical terms, this means a judge cannot jump ahead and predetermine issues which have not been satisfactorily developed in the courts below and the arguments of law fully expounded.
c. Submission to the law – The answer to this is more fully answered in some of the questions below. By submission to the law, I mean that the judge must accept the law for what it is. The “separation of powers doctrine” permits the legislature to pass statutes and then judges are called upon to apply those statutes. Judges should not go beyond what the legislators intend, but must be submissive to the legislative intent. The only time judges may differ with legislators is when statutes transgress constitutional boundaries. Judges must then exercise judicial restraint to limit the legislative enactment, but only to the smallest extent necessary. |
| 3. What is your judicial philosophy? |
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When I ran for the Alabama Supreme Court in 1988, my campaign motto was “Law is for interpretation, not manipulation.” That continues to be my motto and is the motto for this campaign. Restraint is very important in judicial philosophy. Judges are bordered by the constraints of the U.S. and the Alabama Constitutions. However, judges must not expand those Constitutions to create “living documents,” in the sense that they are interpreted according to modern standards. Constitutional standards must be applied to modern issues. Constitutional provisions are to be unchanging foundational standards by which all laws are measured. My judicial philosophy is to hold to the original intent of those standards, interpreting laws in accordance with them, while at the same time seeking to uphold legislative intent. Judges should not go further than the Constitution permits and should not attempt to substitute the judicial will for the legislative will. Judges are not policy makers or the tax man. That work must be left to the Executive and Legislative branches. Judges assure compliance with constitutional mandates, not assume the role of policy maker. |
| 4. How do you define “judicial independence,” and how important is it to our judicial system? |
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Judicial independence may have several facets. One would be related to my discussion of judicial philosophy above. Judges must maintain their independence from the legislative and executive branches of government. This permits them to apply constitutional constraints in interpreting the law. Another facet would be independence from special interests. Much ado has been made about special interests involved in Alabama judicial elections. That is normal in most election processes. Regardless of who may support campaigns and who their friends may otherwise be, judges must maintain absolute independence and make their rulings in conformity with the Constitutions and proper legislative enactments. Yet another facet may be independence from the will of other judges. A judge must apply the law as he understands it in keeping with constitutional restraints and prior judicial precedent. He should not be inordinately influenced by other judges, though he must not overlook the educational value of judicial discussion. By maintaining judicial independence in these ways, the judicial system can be more assured of establishing proper constitutional precedent. |
| 5. What is the greatest area of need in the Alabama justice system, and how should the Alabama Supreme Court respond, if at all? |
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The greatest need is and always remains the establishment of speedy trials and proper judgments. Our judicial system has gone through cycles where there have been inordinate delays in cases being reached for trial. Constant attention to this need is necessary. Another area of need is for there to be speedy appellate review of those cases which are appealed from the trial courts. The Alabama Supreme Court responds to these perennial concerns by overseeing the Unified Judicial System and recognizing when there may be problems in any circuit that are delaying the disposition of pending cases or when judges have personal, ethical or other problems which may improperly impede or burden justice. The appellate court must also police its own members by assuring that the appeals, when fully submitted, are reviewed and opinions written in the shortest amount of time reasonably possible. Tort reform and “tort hell” have been concerns related to Alabama courts. These problems still exist. Our judicial system must be sensitive to these issues, closely observe separation of powers and carefully apply the Alabama Constitution. The Alabama Supreme Court is in charge of the Alabama Unified Judicial System. Therefore, it bears the responsibility of seeing these things are done on a continuing basis. |
| 6. What part, if any, should public opinion play in the decision of a judge? |
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Public opinion has little if any part in the decision of the judge. We are often entertained by politicians who seen to govern by polls. Unfortunately, we see judges influenced in improper ways. We have seen examples of trial court judges who are influenced by the local politics in their own communities. Similarly, Supreme Court justices have been influenced by special interests. Often, this is related to public opinion. The U.S. and Alabama Constitutions were written as the foundational documents upon which we will build our legal structures. If we disagree with what is contained in the Constitution, it may only be changed by a proper constitutional amendment procedure. Judges do not have that capability. Judges are bound to apply the law as it was intended by the people through their constitutions and through the legislature, as representatives of the people working in submission to the constitutions. Public opinion has no place whatsoever in the deliberative processes of judges. |
| 7. In a case before the Court, how should a judge handle a conflict between his/her personal beliefs and the law? |
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We are all a creature of our own personal beliefs, to one extent or another. We are shaped by the events of our lives. However, while we have certain world views, judges cannot permit personal beliefs that are in conflict with constitutional restrictions and legal precedent to influence an opinion of law. Judges in Alabama are products of traditional Western culture which, to significant extents, is embodied in our U.S. and Alabama Constitutions. There have been many mistakes in the past, such as those of racial discrimination. For many years slavery was legal, but not just. The taking of unborn life is presently legal, but is not just. Personal beliefs have affected laws in these ways. Personal beliefs to that extent have no place in law. In simpler terms, judges cannot permit personal beliefs that are in conflict with law to result in errant opinions. Further, even though a judge may personally disagree with legal precedent, he may not disregard it. Courts are bound by precedent. This does not preclude a judge from dissenting in court opinions when he or she feels compelled, as a matter of law, to do so, notwithstanding his or her personal belief. |
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