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Bill Britt

Opinion | Alabama Court of Criminal Appeals fails

Bill Britt

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The shocking failure of the Alabama Court of Criminal Appeals to rule on former Speaker Mike Hubbard’s felony conviction is a travesty of justice.

Here, the legal maxim “Justice delayed is justice denied” applies to the people of Alabama.

When Hubbard was indicted, convicted and sentenced to prison, these acts were carried out in the name of The People of Alabama. It is the people who are being denied justice by the Alabama Court of Criminal Appeals. Justices Samuel Henry Welch, J. Elizabeth Kellum, Liles C. Burke and J. Michael Joiner continue to refuse to carry out their sworn duty by letting Hubbard’s appeal languish in a legal limbo because they lack the political courage to act.

“Justice delayed is justice denied” is most commonly attributed to former British Prime Minister William E. Gladstone. The idea is that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.

Hubbard’s crimes were against the citizens of the state, not the Ethics Commission, Attorney General’s Office or some arbitrary third part; he committed acts that harmed the state, therefore his crimes injured the people.

Why Justices Welch, Kellum, Burke and Joiner choose to rob the state’s citizens of their right to justice is beyond comprehension unless it’s viewed through a very narrow lens of self-serving political interests.

Hubbard’s appeal is thought to be in the hands of Justice Welch. He was elected to the court on Nov. 7, 2006, and his current term expires on Jan. 13, 2019. Is Welch a lame duck justice who is biding his time to hand the case over to someone else to avoid offending the moneyed and political class still pushing for Hubbard’s acquittal?

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Justice Burke is expected to receive a federal judgeship, but how can the U.S. Senate approve the appointment of a man who lacks the leadership to guide his fellow judges to a conclusion in the Hubbard case? Burke says it’s not his case, but is he incapable of motivating his colleagues to complete the court’s business?

Court spokesperson Micheal Scott continues to say the court is working on the matter, but just how much time must pass before the people lose confidence in the process?

Yes, Hubbard’s attorney’s filed numerous motions, and it was a lengthy trial, but as several legal minds have noted – Hubbard’s appeal has gone far beyond any reasonable time for a ruling to have been handed down by the court.

Well into the second year of Hubbard’s appeal on 12 felony counts of violating the state Ethics Act, and Welch, Kellum, Burke and Joiner deny the people justice.

The only conclusion that makes any sense is that the Court of Criminal Appeals is waiting for a politically convenient moment to set Hubbard free.

And then, once again, the courts of Alabama deny the people justice.

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