8 months ago

Special event celebrates Seventh Amendment in Tuscaloosa — ‘I express to jurors what a historic thing they are doing serving on a jury’

The Alabama Association for Justice (ALAJ), one of the state’s largest legal organizations, held the final gathering in its fall event series celebrating the drafting and ratification of the Seventh Amendment to the Constitution. Taking place in courthouses across the state, the events also honored those who work throughout Alabama’s legal system.

Josh Hayes, ALAJ president, noted the event coinciding with the 230th anniversary of the Bill of Rights being proposed to the states for ratification and the importance of the Seventh Amendment to his organization.

“There is a lot of talk in Alabama about the Second Amendment, the right to bear arms, and there should be,” he noted. “But in that same document was the Seventh Amendment which guarantees Alabamians and Americans the right to a trial by jury. And that’s what we stand for as an organization. That’s what we fight for in Montgomery.”

He also sought to recognize the judges and courthouse personnel, in Tuscaloosa and across the state, working to ensure fairness in the legal system.

“We’re really here to offer thanks to the people who make the wheels of justice turn every day,” Hayes remarked.

State Senator Gerald Allen (R-Tuscaloosa) spoke to those in attendance, calling it “a privilege” to be in the room with what he termed were “real legal heavyweights.”

A fellow member of Allen’s Tuscaloosa delegation in the state legislature, State Rep. Kyle South (R-Fayette), spoke to the quality of information provided by ALAJ during the legislative process. He mentioned that information is essential to making good policy decisions that affect their constituents and the legal system.

As part of the event, Hayes presented to Judge Brad Almond a resolution passed by the Alabama legislature commending the judiciary and its personnel for their work.

Almond, presiding judge for the 6th Judicial Circuit, spoke to the importance of the work performed by juries in Alabama. He mentioned that it is a duty of which he reminds them regularly.

“I express to jurors what a historic thing they are doing serving on a jury,” Almond said. “I want them to appreciate that, to know when they serve on juries and when they vote is when they are doing their duties as citizens. I tell them we can’t do our job without them.”

Proposed to the states in the fall of 1789, the Seventh Amendment reads as follows:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Hayes previously elaborated on its importance for the court system and the maintenance of our civil society.

“The right to trial by jury is part of who we are as Americans so we’re judged by people just like you and I — our peers,” he said. “Whether you represent a large corporation or whether you are an injured person on your own, in a jury room that is the one room where everybody is equal — the American courtroom.”

Tim Howe is an owner of Yellowhammer Multimedia

43 mins ago

Sierra Club endorses Joe Biden, calls him ‘champion for climate justice’

Emphasizing its agenda of “climate justice,” the California-based environmental group Sierra Club announced its endorsement of presumptive Democratic presidential nominee Joe Biden on Monday.

In a release touting its intent to elect what it termed “climate champions up and down the ticket,” Sierra Club’s executive director Michael Brune outlined the desire of his group to defeat President Donald Trump.

“We are confident that Joe Biden will be the champion for climate justice that America needs in the White House,” Brune stated. “As Americans head to the polls in November, our country will be facing crises on multiple fronts, including a climate emergency that disproportionately harms communities of color. This may be the most consequential election of our lives, and it is critical that we replace Donald Trump with a leader who understands the scale and urgency of the climate crisis and is ready to take bold action to solve it.”

Sierra Club has maintained an active presence in Alabama this year.

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In May, Secretary of State John Merrill declared Sierra Club an organization “threatening the economic livelihood of Alabama’s own businesses” through what he called a “shortsighted political agenda.”

Merrill cited lawsuits initiated by Sierra Club to restrict Alabama energy production as part of his contention that the group’s effort in the state would kill jobs.

“The Sierra Club, which is based out of San Francisco, California, does not represent Alabama thinking or values,” Merrill wrote. “It is troubling to see out-of-state activist groups working to influence our state’s power supply and its workers.”

In March, Sierra Club was among the environmentalist groups which descended upon the Alabama Public Service Commission to oppose natural gas usage for power generation.

Sierra Club endorsed Democrat Hillary Clinton during the 2016 presidential election.

Tim Howe is an owner of Yellowhammer Multimedia

59 mins ago

Madison County Commission says it will not break the law to remove a Confederate monument

Alabama is obviously not immune from the racial strife gripping the United States. In recent months, we have seen statues come down, a state representative attended a birthday party for Nathan Bedford Forrest, small riots and acts of vandalism.

Like most Americans, Alabamians have generally accepted that the Confederate memorials all over the state on courthouse squares and in public parks are going to come down. Some are headed to cemeteries, some are headed to storage, and the fate of many is still unknown.

In Madison County, the Huntsville City Council and the Madison County Commission have both voted to move its controversial Confederate statue, and a new resting place at Maple Hill Cemetery has been selected. However, the monument still remains.

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That monument was vandalized last week, and Madison County Commission Chairman Dale Strong did not want to use taxpayer resources to clean it up, so it stands defaced and ugly near the steps of the Madison County Courthouse.

Strong appeared on WVNN’s “The Dale Jackson Show” on Monday and made it clear he wasn’t going to clean it up or force county employees to do so, but he hinted that if someone wanted to clean it up in the dead-of-night, like when it was vandalized, they should have at it.

In the interview, Strong voiced frustration with recent reporting that indicated he and the Madison County Commission have not reached out to Attorney General Steve Marshall’s office seeking a way to remove the statue and pay a $25,000 fine.

The commission views this as a non-starter. Strong believes attempting to “negotiate” breaking the law is a violation of his oath of office. Instead, he “filed an application of waiver with the committee based on a law that was written in 2017,” he advised.

Strong is worried about precedent, saying, “[T]here’s a lot of hesitation in contacting the attorney general. What happens if the next time someone that somebody desires to remove the name Jefferson Street, Washington Street or they don’t like the name on a building? What do we do? Just go in here and let somebody set a fee, pay the fee, and say hey just remove whatever you want to?”

My takeaway:

This is what should be done. The Alabama Memorial Preservation Act is the law of the land and it has been upheld.

Obviously, Chairman Strong is right. The law needs to be followed, and if it is unwieldy, change the law. If you don’t, we will be seeing attempts to move historic markers, veterans memorials and the like that are followed by the presentation of a cartoonish $25,000 check.

Society cannot just ignore the laws we dislike and pay a fine and move on. The precedent is bad, and the Madison County Commission and its chairman want no part of it.

Listen:


Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 AM weekdays on WVNN.

1 hour ago

ICE announces arrests of two illegal aliens in Alabama, including for attempted murder

U.S. Immigration and Customs Enforcement (ICE) on Monday announced two recent Alabama arrests by its Homeland Security Investigations (HSI) division.

According to a release, HSI made the pair of arrests in the Yellowhammer State on July 22.

Agents of the HSI Birmingham office reportedly arrested Christian Martinez, 32, a Salvadoran national and U.S. fugitive, on two state charges of attempted murder, as well as a charge of shooting into an occupied dwelling and another for being an alien in unlawful possession of a firearm.

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HSI Birmingham worked with the United States Marshals Service on Martinez’s arrest on a fugitive warrant at a work site in Mountain Brook. ICE is also pursuing federal charges for unlawful firearm possession. Martinez was booked into the Jefferson County jail and given a $150,000 bond. This is an ongoing, HSI-led investigation, according to the release.

Additionally, HSI Huntsville arrested Iris Ferreira-Cardoso, 49, a Brazilian national, for alleged violations of federal immigration law.

Agents from HSI Huntsville and ICE’s Enforcement and Removal Operations were part of a federal-local law enforcement collaboration that reportedly arrested Ferreira-Cardoso at a residence in Owens Cross Roads in Madison County. He will remain in ICE custody pending removal proceedings.

ICE advised that both Martinez and Ferreira-Cardoso are aliens who were in the United States illegally.

Martinez is alleged to have illegally entered the country without being inspected or paroled by an immigration officer on an unknown date and at an unknown location.

Ferreira-Cardoso was previously removed from the United States in 2005. He is believed to have returned after that time, allegedly illegally entering without being inspected or paroled by an immigration officer on an unknown date and at an unknown location.

“People in these communities can rest easier knowing that these two violent criminals are not roaming the streets in search of their next victims,” commented Acting HSI Special Agent in Charge Robert Hammer, who oversees HSI operations in Georgia and Alabama.

“The United States should not be viewed as a safe haven for violent criminals fleeing justice in their own countries,” he concluded.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

2 hours ago

Saban: ‘Players are a lot safer with us than they are running around at home’

University of Alabama head football coach Nick Saban on Monday afternoon weighed in on the player-led #WeWantToPlay movement to save the 2020 college football season.

In an interview with ESPN, Saban commented on the movement that is in part led by Crimson Tide star running back Najee Harris.

The movement, less than a day old, has quickly gained steam, garnering public reactions already by President Donald Trump, other prominent elected officials across the nation and many in and around college football.

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Speaking to ESPN, Saban pushed back on the notion that student-athletes will inherently be safer if the season is not played.

“I want to play, but I want to play for the players’ sake, the value they can create for themselves,” Saban said.

“I know I’ll be criticized no matter what I say, that I don’t care about player safety,” he outlined. “Look, players are a lot safer with us than they are running around at home. We have around a 2% positive ratio on our team since the Fourth of the July. It’s a lot higher than that in society. We act like these guys can’t get this unless they play football. They can get it anywhere, whether they’re in a bar or just hanging out.”

The legendary coach noted that the SEC has already pushed back the start of its season to September 26 to allow the fall semester to resume before final decisions are made on football.

“It’s going to be a challenge when the other students get on campus, and I get that,” Saban remarked. “But we really don’t know what that entails until it happens. It’s a big reason we pushed the season back, to assess that, which is the prudent way to do it.”

Bama senior All-American offensive tackle Alex Leatherwood also spoke with ESPN, strongly stating his position. He underscored that players need to have a voice as conferences and schools make decisions.

“There’s a lot of noise and bad stuff out there about playing football with the virus going on, but I haven’t really seen anything about what the players want,” Leatherwood told ESPN. “We’ve been grinding all summer, and you don’t want it to be all for nothing.

“The story that needs to be written is that we want to play,” he added. “We take risks every single day, especially in this sport, and life shouldn’t stop. If there is a chance for long-term effects if you get it and people don’t feel comfortable, then don’t play. Everybody is entitled to their right. But we want to play, and we’re going to play.”

Harris, speaking to ESPN, praised Saban’s leadership.

“Coach Saban listens to his players and wants to hear from us first,” the running back advised. “He told us that none of this is about him, but it’s about us. He wants to hear our concerns, and we made it clear that we want to play and feel like Alabama is doing everything they can to make sure we can play safely.”

Lt. Governor Will Ainsworth backed Saban on the matter in a tweet.

“I’m with Coach Saban on this one. The player are much safer on campus and at practice than back home. For the players sake, let them play,” he commented.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

2 hours ago

Birmingham, Huntsville rated best business climates among cities their size

Business Facilities magazine has ranked Birmingham and Huntsville as two of the most business-friendly cities in the United States.

Birmingham was ranked as the number one most business-friendly mid-sized city, and Huntsville took the number one ranking for small cities.

The same magazine ranked Alabama as the fourth-most business-friendly state in the nation, behind Texas, Virginia and Tennessee.

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Ed Castile, director of Alabama Industrial Development Training (AIDT), told Made in Alabama why he believes Alabama received good grades in business rankings.

Castile said it is because the state has “an available workforce with an extraordinary work ethic, world-class companies that choose Alabama and hire our citizens, a business-focused Governor and Legislature who are totally engaged in our workforce strategies, and a Secretary of Commerce who helped create the Accelerate Alabama strategy that is the foundation of all our work.”

Business Facilities is a national publication that targets the industrial development and site selection industry. It has been publishing for more than 5o years.

“Alabama, home to thriving automotive and aerospace sectors, continues to expand its reach,” the publication wrote about the Yellowhammer State.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95