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Some conservatives oppose Amendment 2

An Alabama Law Institute Committee composed of legislators, judges and lawyers met in secret away from the press and public over 19 months conducting a comprehensive review of Article VI.

A number of prominent conservative voices in the state of Alabama are urging voters to vote no on Amendment 2 on the Nov. 3 general election ballot.

Amendments 2 and 3 are a rewrite of the state constitutional reforms championed by former Chief Justice Howell Heflin in 1973.

An Alabama Law Institute Committee composed of legislators, judges and lawyers met in secret away from the press and public over 19 months, conducting a comprehensive review of Article VI since Heflin’s revisions were approved in Amendment No. 328 in 1973.

The resulting Amendment 2 is one of the most controversial constitutional amendments brought forward by the Republican-controlled Alabama Legislature since Gov. Bob Riley’s controversial Amendment 1 in 2003, which would have raised taxes by over a $1 billion. That was voted down by the voters, and conservatives are asking voters to similarly reject Amendment 2.

Alabama Eagle Forum is urging citizen to vote no on Amendment 2.

Amendment 2 is a complete rewrite of what is an already complicated portion of the Alabama Constitution, and it does many things. One of these is that it strips the power of the Legislature to impeach a judge.

Under current law, the Alabama House of Representatives can bring articles of impeachment against a sitting judge. If the House impeaches, the Senate sits in trial and decides whether the judge has acted improperly and is guilty of what the House has charged them with.

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This closely parallels the U.S. Constitution. Amendment 2 would change all of that and instead the only power in state government who can discipline judges would be the Judicial Inquiry Commission, which brings charges against judges, and the Court of the Judiciary, which determines guilt and punishments.

The Alabama Legislature has not impeached anyone in over a hundred years. Amendment 2 would take the power of impeaching members of the judiciary away from future legislatures.

Former Chief Justice Roy Moore opposes Amendment 2 and explained that stripping the Legislature of the power to discipline a judge for cause takes away a powerful check on the judiciary and violates the principle of checks and balances between the three branches of government. Moore also objected to giving more power to the unelected Judicial Inquiry Commission.

Moore, like Eagle Forum, also strongly objected to taking the chief justice’s power to appoint his own administrative director of the Alabama Court System and instead gives it to the full Supreme Court.

The chief justice is the elected head of the Alabama Court System, but under Amendment 2, he or she would not be able to hire their own administrator but would be forced to work with an administrator chosen by the Supreme Court as a whole.

The current administrative director of the Alabama Court System is Rich Hobson, who was appointed by Chief Justice Tom Parker. Hobson is in his third tenure as administrative director of the Alabama Court System. The previous two times he was appointed by Moore.

When Moore was effectively removed by the Court of the Judiciary his replacement as chief justice fired Hobson.

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If Amendment 2 passes, the associate justices could overrule Chief Justice Tom Parker, fire Hobson and replace him with someone of their choosing.

This situation would also apply to Democrats. The last Democrat elected to the role of chief justice was Sue Bell Cobb in 2006. Cobb was able to appoint her own administrative director of the Alabama Court System, but under Amendment 2, the administrative director of the Alabama Court System would have been someone suitable to the Republican associate justices, who could simply outvote the chief justice.

Moore called this move a “power grab” by the associate justices.

“Amendment 2 is really an anti-democratic and anti-Tom Parker amendment,” Foundation for Moral Law staff attorney Matt Clark said. “It is anti-democratic because it removes the people’s main check on the judicial branch, which is impeachment. Instead, it provides that only the Judicial Inquiry Commission, over which the people have no control, may remove a judge from office. It is also designed to strip Chief Justice Parker of his power as the administrative head of the judicial branch to choose his right-hand man for carrying out the judicial branch’s administrative role.”

Eagle Forum also had a number of other objections to the extremely long and complicated Amendment 2, including that it takes away the power of the lieutenant governor to make JIC appointments and gives them to the governor.

The Alabama Constables Association has also come out strongly against Amendment 2, arguing that it would write the funding mechanism for their position completely out of the state constitution.

“Constables are not taxpayer-funded, they are largely voluntary Peace Officers,” said Jefferson County Constable Jonathan Barbee. “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.”

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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 other functions.

Amendment 2 was sponsored by State Sen. Arthur Orr, R-Decatur.

Voters need to remember to vote on the constitutional amendments. Amendment 2 is extremely long and complicated so voters should probably read it and know how they are going to vote before going to the polls.

Brandon Moseley
Written By

Brandon Moseley is a senior reporter with over nine years at Alabama Political Reporter. During that time he has written 8,297 articles for APR. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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