If Amendment 2 on the Nov. 3 ballot is approved by Alabama voters, it could pave the way for an end to an office in Alabama with a history in the U.S. that dates back to the 17th century, according to the Alabama Constable Association.
Chauncey Wood III, president of the Alabama Constables Association, reached by phone Monday, referred a reporter to a pending press release from the association. Jonathan Barbee, constable for Jefferson County and the association’s spokesman, said in the statement Monday that the association is concerned with several aspects of Amendment 2.
If approved, the amendment would process numerous changes to the state’s judicial system, including a change that would allow Alabama Supreme Court, rather than the chief justice, to appoint the administrative director of courts.
It would also increase the Judicial Inquiry Commission from nine members to 11 and would allow the governor, rather than the lieutenant governor, to appoint a member of the Court of the Judiciary. The amendment would also prevent automatic disqualification from holding public offices for a judge solely because a complaint was filed with the Judiciary Inquiry Commission. Additionally, it would provide that a judge can be removed from office only by the Court of the Judiciary.
Amendment 2 would also “delete certain language relating to the position of constable holding more than one state office,” and Barbee, in his statement, explained that the amendment could defund Constables statewide if counties chose to do so.
“Constables are not taxpayer-funded, they are largely voluntary Peace Officers,” Barbee said. “The fees they collect from their duties as Officers of the Courts allow them to support the expenses of the office such as vehicles, uniforms, and equipment. Amendment 2 also deletes the language protecting how Constables are paid by private court fees, leaving it in question for the appointed Administrator to decide.”
In Alabama, constables are elected peace officers and act in many of the same ways as do sheriff’s deputies. They’re able to make arrests, serve court papers and provide security for parades, funerals and the like.
Amendment 2 was sponsored by Alabama Sen. Arthur Orr, R-Decatur. Orr, in a message to APR on Monday, said that the portion of the amendment dealing with constables was drafted by an Alabama Law Institute committee, headed at the time by the institute’s deputy director at the time, Clay Hornsby. Orr referred questions about the matter to Hornsby.
David Kimberley, acting deputy director of the Alabama Legislative Services Agency’s Law Institute, told APR that he took over as acting deputy director since Hornsby’s departure on Aug. 1.
If the amendment is approved by voters, Kimberley said that a county that wants to keep their constable can do so, but that the amendment is an acknowledgement that there are few constables left in the state and it’s approaching becoming “an archaic position or office.”
“It was noted that only 24 out of the 67 counties currently have constables. Most of all the services of constables are duplicated sheriff’s deputies,” Kimberley said. “And it was essentially just an acknowledgement of what seemed to be a gradual phase out of this office in the state of Alabama.”
Read Barbee’s full statement below:
The Alabama Constables Association has joined other law enforcement and conservative groups in urging voters to vote “NO” on Amendment 2 in the general election on November 3rd.
Constable Jonathan Barbee, the Association’s Public Information Officer, said in a statement:
“We’re very concerned about several of the parts of Amendment 2, starting with the overall size and complexity of the Amendment. Typically, proposed constitutional amendments deal with only one or at most a few issues. Amendment 2 proposes SIX different changes to the State Judicial System, some of which drastically change the way we do things in Alabama.
“Amendment 2 could harm small communities by allowing county district courts to discontinue having municipal courts in cities with populations of less than 1,000. Municipal courts are typically held at night, making it easier for working people to attend. Without these small municipal courts, residents would have to spend most of a day at the county seat, losing a day of work or being forced to burn a vacation day for something that now is usually settled in an evening. It also indirectly attacks and defunds the Police departments of these towns, because their city courts are a significant source of revenue to help keep Officers on patrol. This part of Amendment 2 strikes at our small communities, drawing power to the larger county seats.
“Amendment 2 also removes the ability of the Legislature to impeach Judges, making the unelected, unaccountable to the people, Court of the Judiciary as the only body that can remove a Judge from the bench. Every citizen in Alabama should be concerned about this, because it effectively takes away their ability, acting through their elected representatives in the Legislature, to remove a bad Judge from their position.
“Amendment 2 allows Judges to continue working when complaints are filed against them with the Judicial Inquiry Commission. We understand that automatically removing a Judge just because a complaint has been filed can lead to problems and abuses of the system, but these can be settled in a timely manner by the JIC. The alternative, which Amendment 2 will create, would allow Judges who need to be removed to continue hearing cases, and give them a legal basis for fighting their removal. We believe this has the potential for much more serious problems to arise within our courts.
“Amendment 2 could also defund Constables by removing our ability to serve as Constables while also working in another position with the State or County. Constables are not taxpayer-funded, they are largely voluntary Peace Officers. The fees they collect from their duties as Officers of the Courts allow them to support the expenses of the office such as vehicles, uniforms, and equipment. Amendment 2 also deletes the language protecting how Constables are paid by private court fees, leaving it in question for the appointed Administrator to decide. This could effectively defund the Office of Constable statewide, which removes the protection and services Constables provide in their communities at no cost to the taxpayers of Alabama. Over the last year, at least two Constables were responsible for saving several lives during medical emergencies, Constables in Jefferson County have been helping with traffic control and schools, and one Constable assisted with a large drug interdiction arrest. We feel this is an unnecessary and unwarranted attack on the oldest elected law enforcement position in the nation.
“There are other problems with this Amendment. Amendment 2 mandates that the entire Alabama Supreme Court, instead of the Chief Justice, appoint the Administrative Director of Courts. It would be a change from having a single elected, accountable official being responsible for this appointment to having it done by committee. Once the Administrator is appointed they could, in fact, serve a lifetime appointment. Amendment #2 would also remove the ability of Alabama’s elected Lieutenant Governor to appoint one member of the Court of the Judiciary, giving that ability and more control to the Governor, who already appoints two members.
“Many of these points are not easy to find, because the forces behind this Amendment have purposefully omitted them from the official documentation provided to the Alabama Secretary of State’s office. If for no other reason than this deliberate obfuscation of the true contents of this Amendment, it should be voted down. The people of Alabama deserve better than this attempt by special interests to radically change how our state’s Judicial system works, mostly as a smokescreen to hide how they will use it to protect bad Judges, inconvenience small-town residents, and make citizens across the state less safe.
“We urge the voters of Alabama to vote ‘NO’ on Amendment 2.”
Suspected drug traffickers jailed in St. Clair County
Matt Mullinax, Christopher Baird, Sean Michael Brantley and Nathan Parke Bateman were all arrested following a lengthy undercover investigation.
Four individuals were arrested Tuesday on allegations that they were involved in a methamphetamine trafficking ring in St. Clair County.
Matt Mullinax, Christopher Baird, Sean Michael Brantley and Nathan Parke Bateman were all arrested following a lengthy undercover investigation. All four are being held in the Ashville Courthouse without bond.
The St. Clair County Sheriff’s Office Narcotics Division, St. Clair County District Attorney’s Office, along with the FBI, FBI Safe Streets Task Force, Pell City Police Department, Oxford Police Department, Cherokee County Sheriff’s Office and the Alabama Department of Corrections K9 Unit conducted an extensive undercover investigation that has resulted in the arrest of these individuals for their alleged involved in a methamphetamine trafficking criminal enterprise.
Matt Mullinax is a 37-year-old white male from Pell City. Mullinax has been charged with three counts of trafficking methamphetamine, three counts of unlawful Distribution of a controlled substance, one counts of unlawful possession of marijuana in the second degree and one count of unlawful possession of drug paraphernalia.
Christopher Baird is a 35-year-old white male from Pell City. Baird has been charged with two counts of trafficking methamphetamine, and one count of unlawful possession of a controlled substance.
Sean Michael Brantley is a 40-year-old white male from Lincoln. Brantley has been charged with two counts of trafficking methamphetamine, and one count of unlawful possession of a controlled substance.
Nathan Parke Bateman is a 37-year-old male of other race. Bateman has been charged with two counts of trafficking methamphetamine.
The four individuals have been charged with crimes. At this point these are allegations. Baird, Brantley, Mullinax and Brantley, like all accused, will have an opportunity to mount a vigorous defense before a jury of their peers.
According to the Center for Disease Control and Prevention, in 2018, 67,367 drug overdose deaths occurred in the United States. The age-adjusted rate of overdose deaths decreased by 4.6 percent from 2017 (21.7 per 100,000) to 2018 (20.7 per 100,000).
Methamphetamines and other psychostimulants were responsible for 12,678 drug overdose deaths in 2018.
According to the website drugabuse.gov, Methamphetamine is a powerful, highly addictive stimulant that affects the central nervous system. Methamphetamine is commonly also known as meth, blue, ice and crystal, among many other terms.
It takes the form of a white, odorless, bitter-tasting crystalline powder that easily dissolves in water or alcohol.
In addition to being highly addictive, long term use of methamphetamine can lead to symptoms that can include significant anxiety, confusion, insomnia, mood disturbances and violent behavior. Users also may display a number of psychotic features, including paranoia, visual and auditory hallucinations, and delusions (for example, the sensation of insects creeping under the skin).
Psychotic symptoms can sometimes last for months or years after a person has quit using methamphetamine, and stress has been shown to precipitate spontaneous recurrence of methamphetamine psychosis in people who use methamphetamine and have previously experienced psychosis.
These and other problems reflect significant changes in the brain caused by misuse of methamphetamine. Neuroimaging studies have demonstrated alterations in the activity of the dopamine system that are associated with reduced motor speed and impaired verbal learning.
Studies in chronic methamphetamine users have also revealed severe structural and functional changes in areas of the brain associated with emotion and memory, which may account for many of the emotional and cognitive problems observed in these individuals.
Methamphetamine use also leads to severe weight loss and dental problems. Methamphetamine use by pregnant women has been shown to cause cognitive and behavioral issues in their children that are long-lasting.
Billy J. Murray is the sheriff of St. Clair County.
Governor appoints State Sen. Cam Ward as Bureau of Pardons and Paroles director
Ward is to replace current director Charlie Graddick, who announced on Nov. 2 that he planned to resign on Nov. 30.
Gov. Kay Ivey announced Tuesday her appointment of State Sen. Cam Ward, R-Alabaster, to serve as director of the Alabama Bureau of Pardons and Paroles.
Ward is to replace current director Charlie Graddick, who announced on Nov. 2 that he planned to resign on Nov. 30. Ward’s appointment is set to begin Dec. 7.
Ward serves as the chairman of the Senate Judiciary Committee and has been central in the state Legislature’s criminal justice and prison reform work for many years.
“Cam Ward has spent his career as an attorney and public servant dedicated to Alabama’s criminal justice system,” Ivey said in a statement. “As he transitions to director of Pardons and Paroles, I’m confident that his background and experience will position him to closely follow the letter of the law while providing individuals every opportunity possible to rebuild their lives post incarceration.”
Ward is in his third term in the Alabama Senate and was first elected to the Statehouse in 2002. Ward began his career in state government when he was appointed deputy attorney general by former Attorney General Bill Pryor.
“I’m honored that Governor Ivey had the confidence to appoint me to this position,” Ward said in a statement. “I have committed my career in the Senate to improving our criminal justice system in Alabama, and I look forward to working with Governor Ivey going forward in this effort.”
Graddick’s tenure as director of the state agency has been controversial, and his departure comes as the state’s prison system continues to face serious overcrowding and understaffing problems, both of which have drawn the focus of a lengthy U.S. Department of Justice investigation into prison violence and excessive use-of-force incidents.
Graddick, a former circuit judge, state attorney general and architect of Alabama’s Habitual Offender Act, was appointed to the post in July 2019. He’s described the state’s inmates in op-eds and in interviews as too dangerous to be paroled.
After Graddick’s appointment as director, personnel shakeups at the bureau resulted in reductions in the number of incarcerated people given parole hearings, according to several people with knowledge of the matter who discussed their concerns with APR over the last few months. The number of people receiving paroles dramatically declined as a result.
Graddick also oversaw the bureau at a time when the bureau’s messaging to the public dramatically shifted, and began focusing on violent crimes, using the words “violence” and “violent” repeatedly in social media posts and press releases, prompting concern from criminal justice reform advocates that the bureau was attempting to sway public opinion against incarcerated people and their release on parole.
Carla Crowder, executive director of the Alabama Appleseed Center for Law and Justice in Montgomery, applauded Ivey’s selection.
“I’m encouraged by this appointment. Ward gets it. He’s not afraid to call out bad laws and crusade for smarter, better criminal justice policy,” Crowder said in a message to APR. “It will be refreshing to have a leader at parole who’s not stuck in the failed policies of the past but instead has earned a reputation for bold, innovative reform.”
Report: Black men in Alabama prisons three times more likely to die by homicide
Incarcerated Black people in the state are being murdered at just more than three times the rate of white people.
A report this week by the Alabama Appleseed Center for Law and Justice in Montgomery found that incarcerated Black people in the state are being murdered at just more than three times the rate of white people.
Between 2014 and 2020, the Montgomery-based nonprofit found that 37 of the 48 men killed by homicide in Alabama prisons were black. Appleseed documented 89 preventable deaths from homicide, suicide or drug overdose during that time.
“So when we talk about preventable violence, when we talk about, unconstitutional conditions in our prisons. It’s hurting black Alabamians at much higher rates than anybody else,” said Carla Crowder, Appleseed’s executive director, speaking to APR on Thursday. “If we’re gonna be serious about racial justice, racial disparities in the criminal legal system, in the state, we have to look beyond police brutality.”
Crowder said police brutality is a serious issue but the injustices after incarceration are “two sides of the same coin.” The report notes a 2019 report by the U.S. Department of Justice that details widespread problems of violence and sexual abuse, corruption and drug use in Alabama’s prisons for men.
The DOJ report notes that ADOC “has violated and is continuing to violate the Eighth Amendment rights of prisoners housed in men’s prisons by failing to protect them from prisoner-on-prisoner violence, prisoner-on-prisoner sexual abuse, and by failing to provide safe conditions…”
“One year after the 2019 Department of Justice report detailed the need for immediate action to prevent more deaths, nothing has changed,” the Appleseed report reads. “In fact, 2020 is on pace to be one of the most deadly years on record in Alabama prisons, with deaths by homicide between January and July at 10 compared to seven for the same time period in 2019.”
The Appleseed report also notes that homicides are likely higher than ADOC’s count. The DOJ report states that ADOC mischaracterized at least three deaths that had all the signs of homicide. “These unreported homicides provide reasonable cause to believe that ADOC’s homicide rate is higher than what ADOC has publicly reported,” the DOJ report reads.
Gov. Kay Ivey and Alabama Department of Corrections Commissioner Jeff Dunn are moving forward with plans to lease three new mega prisons from private companies, once built, and have said the new prisons will help solve the high levels of violence in state prisons, arguing existing facilities are outdated and not designed to keep inmates and staff safe, as are modern prisons.
Crowder said over the years ADOC has made many promises aimed at curbing the violence but hasn’t delivered on those promises.
“There’s been a number of steps that ADOC promised to take,” Crowder said. “We’re going to hire more officers, we’re gonna pay them more. We’re going to do these massive shakedowns in prisons and we’re gonna get all the weapons.”
Court records show that ADOC is well behind court-ordered correctional officer hiring targets, and while ADOC does conduct random prison raids to collect weapons and contraband, such illicit contraband often finds its way back into prisons in short order.
“These have all been empty promises. Nothing has changed, and to think that new buildings are somehow going to fix decades of corruption and dysfunction,” Crowder said. “The buildings aren’t killing anybody.”
“We cannot continue down the path of building new prisons and expect them to somehow not be filled with the same systemic violence and racial disparities we have seen over the past five years in Alabama prisons,” said Hannah Krawczyk, an Auburn University Public Administration student and Appleseed intern who conducted research for the report, in a statement. “The cycle of human rights violations and violence that are inflicted on incarcerated individuals in this state cannot continue. As my generation learns about this crisis, we are determined to fight for change and end Alabama’s historic disregard for Black lives in the justice system.”
Illinois man sentenced on drug trafficking charges
Ortega was found guilty of operating a drug trafficking ring that stretched all the way from Mexico to Alabama.
United States Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley on Monday announced that Nolberto Ortega, from Chicago, Illinois, was sentenced to 390 months in prison on Oct. 28 for distribution of heroin, cocaine, methamphetamine and fentanyl.
U.S. District Judge Liles C. Burke imposed the sentence. Ortega, age 54, has been found guilty of operating a drug trafficking ring that stretched all the way from Mexico to Alabama.
In August 2019, a federal grand jury charged Ortega in a multi-count indictment with leading a drug trafficking organization that transported heroin, cocaine, methamphetamine and fentanyl from Mexico to Talladega, Alabama.
The charges stemmed from an investigation led by the Drug Enforcement Administration and the Talladega County Drug Task Force in early 2019.
Law enforcement officers arrested Ortega in California after a drug shipment was seized in Talladega.
“This dealer went to extreme lengths to profit from this deadly poison with no regard to the devastation and destruction he left behind,” said Escalona. “The lengthy sentence sends the message that drug trafficking in our communities will not be tolerated and will be severely punished. The citizens of the Northern District of Alabama have one less drug dealer to worry about for years to come.”
“We will continue to attack the scourge of illegal and dangerous drug distribution in Alabama and beyond,” Byerley said. “The lengthy sentencing of this individual should be taken as a message to those who want to sell drugs. We are going to catch you and put you in prison for a long time if you distribute this poison in our communities.”
The DEA investigated the case along with the Talladega County Drug Task Force. Assistant U.S. Attorneys Blake Milner and Austin Shutt prosecuted the case.
The Trump Administration has worked to increase security along the nation’s southern border with Mexico.
“America’s porous southern border causes the deaths of 30,000+ Americans every single year (from illegal alien homicides and overdoses on poisonous drugs shipped across our porous southern border),” said Congressman Mo Brooks, R-Alabama.
According to the Center for Disease Control and Prevention, in 2018, 67,367 drug overdose deaths occurred in the United States. The age-adjusted rate of overdose deaths decreased by 4.6 percent from 2017 (21.7 per 100,000) to 2018 (20.7 per 100,000). Opioids were involved in 46,802 overdose deaths in 2018 (69.5% of all drug overdose deaths).
Ortega will serve his sentence in the federal prison system.