Alabama has had a Judiciary branch since its statehood in 1819. Almost a half Century after the Judicial branch was established by the Constitution of 1819, in 1868, the newly ratified Constitution provided for the selection of all judges, including Supreme Court Justices, by popular vote.
Eventually, in 1969, added to the Chief Justice, the number of Associate Justices was increased to eight for our present-day total of nine judges on the Alabama Supreme Court.
On October 4, 2005, Chief Justice Drayton Nabers officiated a ceremony for two former Chief Justices, Howell Heflin and C.C. “Bo” Torbert wherein the newly completed Alabama Judicial Building was named in honor of Heflin, a one-term Chief Justice and Torbert, a two-term Chief Justice.
Both honorees held important roles in the history of the Alabama Judicial system, during their time on the Supreme Court and during their other public services, and both were worthy honorees in recognition of their efforts to fashion Alabama’s modern judicial system.
Two decades later, however, the honoring of justices seems to be incomplete. At no time in the history of our State, has either a Republican or an African American judge received such recognition.
I write today to suggest the State of Alabama is overdue in recognizing the achievements of two men I believe are worthy honorees: Former Chief Justice Drayton Nabers, Jr. and former Associate Justice John England, Jr.
Chief Justice Drayton Nabers, Jr. served as the Court’s Chief Justice from 2004 until early 2007. During his tenure as the Court’s Chief Justice, Nabers guided the Court with a steady hand and he importantly helped restore the Alabama public’s confidence in a Court that had been rocked by controversy that had led to the removal from office of his predecessor.
Nabers began his legal career as a law clerk to Justice Hugo Black of the U.S. Supreme Court. Following his stint at the SCOTUS, Nabers joined, and later became partner at, the Birmingham law firm Cabaniss, Johnston, Gardner, Dumas & O’Neal. In 1979, Nabers joined Protective Life as its General Counsel.
He was named as Protective Life’s CEO in 1992. During the 1980’s and 1990’s, the Alabama Court system developed a reputation as a haven for “venue shopping” and for “Jackpot justice”. The Court’s reputation became so toxic to businesses that Alabama’s effort to attract industry and good jobs to our State were being drastically impaired.
To combat this damaging reputation, Nabers and others from Alabama’s business community, formed the Alabama Civil Justice Reform Committee, whose singular goal was to elect pro-business conservative jurists to the Alabama Court system.
Nabers and others argued that electing more conservative jurists to our Court System would lead to a more responsible verdicts and to the end of “jackpot justice”.
Nabers’ work from the business community in ending Alabama’s toxic reputation for “jackpot justice” as well as his stewardship as Alabama’s Chief Justice during the Court’s most troubling time of recent history, warrant Nabers to be conferred the honor of being the first Republican member of the Alabama Supreme Court to have his name added to the Heflin-Torbert Judicial Building.
Associate Justice John England, Jr. retired earlier this year after serving nearly three decades as a judge in Alabama. John England, Jr. served as Associate Justice of the Alabama Supreme Court from 1999 until 2001.
England, Jr. also served on the Board of Trustees for the University of Alabama System for 23 years and he currently serves on the Board of Trustees for Tuskegee University. Justice England, Jr’s experience as a Judge on the Circuit Court as well as his acumen and his temperament led his colleagues to seek him out and to solicit his insights before handing down decisions on major cases.
Like the current honorees and Chief Justice Nabers, Associate Justice England’s public service before and after his tenure on the Alabama Supreme Court warrant his inclusion as an honoree. Justice England’s name ought to also be added to the Heflin-Torbert Judicial Building in recognition of his contributions to our State and to its legal system.
When the Alabama Legislature re-convenes for its next Regular Session, the Republican and the Democrat Leadership in both houses should make it their priority to add these two worthy men’s names to the Judicial building. Upon the action of the Legislature, Governor Ivey should use the power of her office to make certain the names of Drayton Nabers, Jr., and John England, Jr. are quickly added to the Heflin-Torbert Judicial Building.
Steve French is a former member of the Alabama State Senate, representing the 15th District from 1998-2010.
Don’t miss out! Subscribe today to have Alabama’s leading headlines delivered to your inbox.