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How to get Luther Strange disbarred from the practice of Law

Samuel McLure

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By Sam McLure
Alabama Political Report

Have you talked with anyone in Alabama who isn’t bothered by Luther Strange’s acceptance of Gov. Bentley’s appointment to US Senate? I haven’t.

Everybody has an internal baloney meter – the bologna meter goes off when we hear something that just sounds off. Maybe we can’t explain why it’s wrong … it’s just baloney.

I think most Alabamians, who were paying attention, had their bologna meters peaking-out with the news of Gov. Bentley appointing Sen. Strange. For months we waited in anticipation to learn who Gov. Bentley would appoint to replace, then, Sen. Jeff Sessions. For months we speculated and pondered … lists were drawn and even far-out speculation was floated that Gov. Bentley would appoint himself, or even Rebecca Mason.

Then we watched in wonder as the man tasked with investigating Gov. Bentley for impeachment – the man who purportedly told the House of Representatives to stand down from investigating because he had it under control – accepted Gov. Bentley’s offer of promotion to US Senate. We all grimaced in amazement … like watching a horrific car accident in slow motion … all we could do was shake our heads in disbelief.

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But, what has been the backlash? Have there been any repercussions to Sen. Strange? Did he violate any law or ethical standards?

If there have been any disciplinary consequences to Sen. Strange, they haven’t been public. The rest of this article is devoted to the premise that Sen. Strange did, in fact, flagrantly violate ethical standards and he should be held to account: either through being disablement or suspension from the practice of law.

First, all attorneys in Alabama are bound to uphold the ethical standards laid out in the Alabama Rules of Professional Conduct. Rule 3.8 explains the special responsibilities of prosecutors. However, Rule 3.8 is pretty vague. The comment to the rule provides guidance in referencing ABA Standards of Criminal Justice Relating to the Prosecution Function, and states that the ABA Standards should be “used in interpreting the requirements of Rule 3.8.”

So, what do the ABA standards say about how a prosecutor, like the Attorney General, should treat conflicts of interest? Section (f) states that “A prosecutor should not permit his or her professional judgment or obligations to be affected by his or her own political … interests.”

Thus, we must ask our bologna meters: Did Sen. Strange’s ambitions for US Senate affect his professional judgment or obligation to investigate Gov. Bentley? While the order of events certainly looks suspect, proving this would be incredibly difficult. The trier of fact would have to get “inside the mind” of Sen. Strange to see if he intentionally hindered the investigation into Gov. Bentley in order to court Gov. Bentley’s US Senate appointment.

Difficult? Yes. Is it worth the effort to the State of Alabama? Absolutely. If the political elites of Alabama will not hold their own accountable, then it’s up to the people of Alabama to hold them accountable. The people of Alabama deserve it.

Still not convinced? Okay, let’s look at Rule 1.7 (b): “A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer’s … own interests …” Sen. Strange, in his capacity as Attorney General, represented the State of Alabama. The State of Alabama was his client.

So, the question for our bologna meters is this: Did Sen. Strange’s own interests in becoming a US Senator “materially limit” his representation of the State of Alabama?

The answer to that questions again turns on the question of whether Sen. Strange intentionally impeded Gov. Bentley’s investigation to court Gov. Bentley’s appointment to US Senate.

Again, the inquiry is difficult to prove … and probably exponentially difficult given the level of sophistication of the alleged perpetrators. But, again, the people of Alabama deserve the effort.

The second thing we need to reference is the Alabama Rules of Disciplinary Procedure and the Alabama Standards for Imposing Lawyer Discipline. These standards explain that in order for a lawyer to be subject to discipline for violation of an ethical standard, there must be proof of “actual or potential injury caused by the lawyer’s misconduct.”

For the sake of argument, let’s assume that Sen. Strange did violate an ethical standard. Let’s assume we could prove that. We must next be able to prove that there was some type of injury to Sen. Strange’s client – the State of Alabama.

What do you think? Did Alabama suffer injury due to Sen. Strange’s alleged ethical violations? If Gov. Bentley should have been impeached and he wasn’t because of Sen. Strange’s alleged ethical violations, then the injury is taken for granted. Every day Gov. Bentley stays in office, when he should be impeached, is a grave injury to the people Alabama. However, to make that argument, it will be necessary to prove that Gov. Bentley should be impeached. According to Rep. Ed Henry, we should have some progress on that question before the end of April.

The second level of injury arises from the disrepute that Sen. Strange has caused the legal profession and the State in general. This one is a little more amorphous. The argument goes like this: “Perhaps Sen. Strange didn’t do anything ‘evil,’ but he surely didn’t ‘avoid the appearance of evil.’ Because this arrangement makes the bologna meter ping so high, Sen. Strange had a duty to walk away from the appointment.”

Admittedly, this level of injury might be a little too squishy to do much damage. Thus, it appears that the case for any injury to the State rests on whether there was actually an impeachable offense committed by Gov. Bentley.

But, let’s not get bogged down there just yet.

Let’s turn to the third item for consideration: What range of disciplinary measures are available if we could prove (1) violation, (2) mental state, and (3) injury?

The Alabama Standards for Imposing Lawyer Discipline (“the Standards”) 4.3, relating to Failure to Avoid Conflicts of Interest, suggest that Disbarment or Suspension could be appropriate disciplinary measures for Sen. Strange’s alleged ethical misconduct.

The Standards also state in 5.2, Failure to Maintain the Public Trust, that “Disbarment is generally appropriate when a lawyer in an official or governmental position knowingly misuses the position with the intent to obtain a significant benefit or advantage for himself … with the intent to cause serious or potentially serious injury to … the integrity of the legal process.”

There it is … if your bologna meter peaked out when Luther Strange was appointed to the U.S. Senate you are not alone. If you think there is a sufficient likelihood of impropriety that you would like a public hearing to determine if there is clear and convincing evidence of Sen. Strange’s alleged ethical violations, then contact me.

I’m applying the Rule of Six in this case. If five other Alabama citizens will join with me in a Disciplinary Complaint to the Alabama State Bar, then we’ll file it together.

 

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Elections

Opinion | Collier’s allegations are not about Ivey’s health — they’re about retaliation

Josh Moon

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It’s not the (alleged) stroke, it’s the coverup.

That was the message from Walt Maddox and his campaign on Thursday, as they took shots at Gov. Kay Ivey for allegedly directing her security detail to cover up a health scare in 2015. She’s also alleged to have demoted a state trooper from her security team after he refused to conceal from his superiors a trip to the hospital Ivey was forced to take while attending a conference in Colorado.

And the story could use a little refocusing.

After APR’s Bill Britt wrote a story Monday that quoted former Alabama Law Enforcement Agency head Spencer Collier confirming the hospital trip for “stroke-like symptoms” and providing details of his conversations with Ivey about demoting the trooper, the story from state media outlets veered off course.

Instead of the focus landing on Ivey’s mistreatment of a law enforcement officer who was simply doing his job correctly, it became all about her health.

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Was she sick? Did she have a stroke? How’s her health these days?

Those are all fair questions.

They’re just not THE question that should have come from Collier’s revelations.

Because if Ivey did what Collier alleges, she possibly broke the law. And maybe, more importantly, she took money out of the pocket of a trooper who was trying to support a family simply because he refused to conceal her trip to the hospital.

That sort of behavior … well, we’ve seen that before in this state.

Mike Hubbard and Robert Bentley both went after law enforcement when they were initially caught in lies and illegalities.

Hubbard tried to defund the entire Alabama Attorney General’s Office and squeeze the prosecutors on his trail. He later launched public attacks against the lead prosecutor, Matt Hart, in a failed attempt to get out from under his misdeeds.

Bentley asked Collier, who was then head of ALEA, to lie to AG’s office investigators. And when Collier, after being terminated by Bentley for refusing to lie, told the world of the then-governor’s affair, Bentley set out to ruin the man.

Both Bentley and Hubbard wound up in jail for brief periods. And Alabamians wound up with more black eyes from the nation’s most corrupt state government.

That’s why this deal with the trooper matters so much.

Because it speaks to the character of Kay Ivey.

I mean, would she really demote this poor guy — the same trooper who sat by her hospital bed for three days — force him to uproot his family and go from the Montgomery area to Houston County, cut his pay and stifle his career because he followed trooper regulations instead of her improper/illegal directives?

Would she?

Because I think that’s something we should know.

Ivey, in response to Maddox’s comments on Thursday, told reporters that they should “check” the facts on the trooper, Drew Brooks.

I’ve done that.

I have copies from his personnel file showing where he lost pay and was sent from the governor’s security detail — a sought-after position — to giving out drivers licenses in Dothan — a very much not-sought-after position.



If Ivey has records indicating these things didn’t happen, I’d love to see them. And I’d also love to see records of her trip to Colorado in 2015.

Because right now, this is looking like a very familiar road.

A candidate who won’t debate. A politician who plays a little loose with the rules and law. A career politician who would do anything to stay in the game. A desperate politician who will stoop to any level to conceal their flaws and errors.

It all rings a bell, doesn’t it?

Mike Hubbard.

Robert Bentley.

Kay Ivey?

 

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Elections

Opinion | Kay Ivey’s official calendar is surprisingly empty

Josh Moon

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In late-August and early-September, there was one question dominating Alabama’s governor’s race.

Where is Kay Ivey?

The governor at that point had scarcely been seen in a few days. In one 10-day stretch, she held no public events and somehow managed to avoid even local ribbon cuttings and bridge openings. And her opponent’s campaign was raising questions about her lack of activity.

Walt Maddox, at that point, had already challenged Ivey to a series of debates. She declined, offering a number of excuses, including that she was “busy governing the state.” She had also told her Republican primary challengers that she was “too busy” to debate them.

So, I wanted to know: Who was telling the truth? Was it a big deal? Was Ivey too busy?

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There was only one way to find out: I filed an Alabama Open Records Act request for Ivey’s official calendar for a three-week span (Aug. 24 through Sept. 14).

That span, I figured, would provide a solid look into Ivey’s days and would cover all of the days that the Maddox campaign had questioned her whereabouts.

On Wednesday, after paying $17 and some change to a public entity to produce public records that the public had already paid to be produced once, APR was provided with copies of Ivey’s official calendar.

Counting every entry on the calendar for 21 days — including travel time to and from the governor’s mansion (which apparently takes 30 minutes) and air travel to a variety of meetings and ribbon cuttings — there are less than 60 hours accounted for.

That’s less than three hours per day.

But it’s actually worse than that, because most of that time is compacted into a handful of days, leaving large chunks of time — whole calendar pages — simply blank.

In total, seven days were blank. Three other days had just one entry.

In one calendar week — Sunday, Sept. 2, thru Saturday, Sept. 8 — Ivey’s calendar shows just three and a half hours of scheduled time.

That week, her days were completely blank on Sunday, Labor Day Monday and Tuesday. She had a single phone call on Wednesday and a single meeting on Thursday. She hosted the Alabama Association of Regional Councils on Friday morning and wrapped up the grueling week with a proclamation signing at 10:30 a.m. that Friday.

I’ll remind you that this is the governor — a governor in the midst of a campaign.

You would think her calendar would be crammed with events and meetings and staff scrums and trips all over the place.

But … there’s just nothing.

And that’s not normal. I know that for a fact.

I’ve been to the Alabama Archives and sorted through the official calendars for the last three governors of this state. None of their calendars look like Ivey’s. Not even close.

I shared photos on Facebook Wednesday night of entries from random days on Robert Bentley’s calendar. In some instances, his days spilled over onto a second page.

The same was true with Bob Riley. His days, like Bentley’s, seemed to be planned from morning until night. Every day. Even on the weekends.

What’s happening with Kay Ivey should raise eyebrows and a ton of questions. Mainly: Can she actually do this job?

I think that’s a fair question at this point, after the public freeze-ups, the long disappearances, the managed time by her staff, the refusal to debate, and now these nearly blank calendar days.

And then there are two other questions:

Who is running this state?

And who are you voting for?

 

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Opinion | Can’t write too much about voting until it’s too late

Joey Kennedy

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Yes, I’ve been writing about voting a lot over the past few weeks. I’ll likely continue until the Tuesday, Nov. 6, midterm elections where, in Alabama, we also elect a governor, lieutenant governor, attorney general, justices to the state Supreme Court, and other constitutional offices.

There also are a limited number of local elections. Some constitutional amendments are on the ballot, so voters need to know about those.

And Alabama elects the seven members of the Alabama delegation to the U.S. House of Representatives. There could be some competitive races between Republican incumbents and Democrats in some of those races.

Most important for potential voters: Monday, Oct. 22, is the last day people qualified to vote can register to vote. There are probably hundreds, if not thousands, of young voters who just turned 18 who aren’t registered. They need to so they can have a voice in the Nov. 6 elections.

And others, who have just felt they had no reason to vote are potential voters as well. But they have to be registered.

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Alabama is one of many states where Republicans, led by Secretary of State John Merrill, is trying to keep non-Republican voters away from the ballot box.

Republican efforts to suppress the vote have been successful over the past several elections. Republicans claim that it’s important to control the ballot to keep at-the-polls voter fraud at bay. That, despite studies that repeatedly have shown that there is very little voter fraud at the polls. It’s a guise Republicans use to keep voters they don’t like at home.

In Alabama, voters need to get to the polls. We have an unelected governor, Republican Kay Ivey, who refuses to debate her opponent, Tuscaloosa mayor and Democrat Walt Maddox.

Clearly, Maddox is much more qualified than Ivey, but Ivey, like most Republicans, are refusing to debate their Democratic Party opponents. That’s because they know if they go head-to-head with their more qualified Democratic rivals, they’ll be unmasked.

Just ask yourself: What have Republicans truly done to make Alabama a better state to live in? Sure, they tout a strong economy and new industries coming to Alabama. The truth is, those jobs were coming here anyway. And as far as the economy, this resurgence started under President Barack Obama, not Donald Trump. That’s the fact. That’s the truth. Low-information voters who would rather support Russia than a Democrat will never admit it, but facts don’t lie. Republicans do.

Point to one real effort Republican members of the Alabama congressional delegation have made to improve Alabama. What they are doing is folding under the Crazy Town politics of Donald Trump. The result, of course is that these “fiscal conservatives” have allowed the national deficit and debt to explode.

Year after year, the deficit is what Republicans pounded Democrats for, even as Democrats helped bring the deficit under control. Now, it’s expected with those Republican tax cuts for billionaires passed this year, the debt will go up at least $1 trillion a year for the foreseeable future. That’s not being fiscally responsible, but too many voters don’t seem to care if their children and grandchildren and great-grandchildren are going to be in debt for the rest of their lives.

And on a whole range of issues, from climate change to protecting the environment to health care, Republicans are on the wrong side of history and the issues.

Important for older voters, many of whom vote overwhelmingly for Republicans, the GOP is targeting Medicare and Social Security to bring down the deficit they created with their tax cuts. The rich get their big tax breaks, while Social Security recipients and Medicare users face cuts that will hit them hard in their pocketbooks.

People will die because of their decisions.

Republicans stoke hate for the very diversity that helps make our country great. They are the party of white nationalists. They claim they care for children, yet allow the government to remove children from refugee families seeking asylum in the United States and throw them into cages. They revictimize women who have been sexually assaulted and raped.

What should we expect when a sexual assaulter occupies the White House and a sexual predator runs for the U.S. Senate on the Republican ticket?

This we’re-better-than-anyone nationalism Republicans love so much is not making America greater. It’s making America uglier than it’s ever been since slavery and the Indian wars of the 19th century and before.

So, yeah, I’m likely to write about voting for a few more weeks. Smart voters must make it to the polls this time. What we might become permanently isn’t very pretty if they don’t.

Joey Kennedy, a Pulitzer Prize winner, writes a column each week for Alabama Political Reporter. Email: [email protected]

 

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Opinion | The Shorty Price story

Steve Flowers

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Since this is Alabama vs. Tennessee week and we have a Governor’s Race in three weeks, allow me to share the Story of Shorty Price.

Alabama has had its share of what I call “run for the fun of it” candidates. The most colorful of all these perennial “also ran” candidates was Ralph “Shorty” Price. He ran for Governor every time. His slogan was “Smoke Tampa Nugget cigars, drink Budweiser beer and vote for Shorty Price.”

In one of Shorty’s campaigns for governor his campaign speech contained this line, “If elected governor I will reduce the governor’s tenure from four to two years. If you can’t steal enough to last you the rest of your life in two years, you ain’t got enough sense to have the office in the first place.” He would use recycled campaign signs to save money but he rarely garnered two percent of the votes in any campaign.

Shorty loved Alabama football. Following the Crimson Tide was Shorty’s prime passion in life. You could spot Shorty, even though he was only 5 ft tall, at every Crimson tide football game always sporting a black suit, a black hat with a round top, his Alabama tie and flag.

I do not know if Shorty actually had a seat because he would parade around Denny Stadium or Legion Field posing as Alabama’s head cheerleader. In fact he would intersperse himself among the real Alabama cheerleaders and help them with their cheers. There was no question that Shorty was totally inebriated in fact, I never saw Shorty when he was not drunk.

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Shorty worshiped Paul “Bear” Bryant. Indeed Bryant, Wallace and Shorty were of the same era. Like Bryant, Shorty hated Tennessee.

Speaking of the Tennessee rivalry, I will share with you a personal Shorty story. I had become acquainted with Shorty early on in life. Therefore, on a clear, beautiful, third Saturday, fall afternoon in October Alabama was playing Tennessee in Legion Field. As always, Shorty was prancing up and down the field. I was a freshman at the University on that fall Saturday. Shorty even in his drunken daze recognized me. I had a beautiful date that I was trying to impress and meeting Shorty did not impress her. Shorty pranced up the isle and proceeded to sit by me. His daily black suit had not been changed in probably over a year. He reeked of alcohol and body odor and my date had to hold her nose.

After about 20 minutes of offending my date, Shorty then proceeded to try to impress the crowd by doing somersaults off the six-foot walls of Legion field. He did at least three, mashing his head straight down on the pavement on each dive, I though Shorty had killed himself with his somersaults. His face and his head were bleeding profusely and he was developing a black eye. Fortunately, Shorty left my domain and proceeded to dance with Alabama cheerleaders that day as bloody as he may have been.

Shorty was beloved by the fans and I guess that is why the police in Birmingham and Tuscaloosa seem to ignore Shorty’s antics. However, that was not the case in a classic Alabama game four years later. By this time I was a senior at the University and we were facing Notre Dame in an epic championship battle in the old New Orleans Sugar Bowl on New Year’s Eve. It was for the 1973 national championship. Bear Bryant and Ara Parseghian were pitted against each other. We were ranked #1 and 2.

One of the largest television audiences in history was focused on the 7:30 p.m. kickoff. It was electrifying. Those of us in the stands were awaiting the entrance of the football team, as were the ABC cameras. Somehow or other, Shorty had journeyed to New Orleans, had gotten on the field and was posed to lead the Alabama team out on the field.

As was customary, Shorty was drunk as Cooter Brown. He started off by beating an Irish puppet with a club and the next thing I knew two burly New Orleans policemen, two of the biggest I had ever seen, picked up Shorty by his arms and escorted him off the field. They did not know who Shorty was and did not appreciate him. Sadly, Shorty, one of Alabama’s greatest fans, missed one of Alabama’s classic games sitting in a New Orleans jail.

I have always believed that Shorty’s removal from the field was a bad omen for us that night. We lost 24-23 and Notre Dame won the National Championship.

See you next week.

Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.

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How to get Luther Strange disbarred from the practice of Law

by Samuel McLure Read Time: 6 min
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