'~t Union Bank, ire UX)rkhard to earn your tnlst. '' -Henry A. Leslie Presidentand ChiefExecutive Officer
Union Bank works closely with many Alabama attorneys in the administration of trusts and estates. Our investment capabilities have increased dramatically in the past year by the addit ion of a state-of-the-art computerized system. As Alabaina's largest independent bank, we cont1ol all OLU' investment processing within the Trust Department to assure constant attention and comple te confidentia}jty for your clients. \!Veinvite your questions about Union Bank's trust se1vices. Our experienced trust officers will be glad to discuss any business, financial or adJninis trative aspect of the services we provide.
11111:11 BAnK & TRUST w.,B£RAX 60 Commerce Street Montgom .ery, Alabama 36104 (205 ) 265 -8201 TURN DAMAGE into• DOLLAR$
Determining Disability and Personal Injur y Damag e - Medical Evaluation for Trial Lawyer s
by]. Stanley McQ uade LL.B., M.D., Ph.D.
Many lawyers presently rely on computer services and/or past cases co determine compensation I REW ARD YOUR CLIENT and YOURSELF I
with chis modern cool which conta ins several hundred illustrations. You will be able co explain the complexities of Medical Evidence to ultimately achieve T RUE, JUST, and ADEQU ATE COMPENSAT ION. ------ORDER FORM Plc3se cnrcr my o rder (or .Determining DL5ability and Personal Inj u ry Damage, as indicattd be low. On cash s;ilu there is n o h::indling ch;ugc an d 11\e Harrison Company will J)a't' poscageo r (rcight. HandJing charges plus posragcor frciaht will beadded co all o ther sales. Georgia. Floridi, ::indMi s:siu ipp i residcna 1\ddipplieabk (':),x. -Dc:cermining Disability and Personal Injury Damage - Medical Evaluation for Trial l..awyer1 2704 10 ...... - .. - ...... _ ...... _ ...... - ...... - ...... $8995 -8i ll Personal Account -8 ill Firm Accoont - Check Enel~d Account 11,______Fltm------Name------Addrcu------City/$c:1ite12ip______D31«------....::ignature ______S4~1G
'l'Hli}&{ HIIHHISONCOMPANY. PUHL/SHERS lll OCro» ing Pl'lrk •P O Box 7500 • Notcrosi, GA .10091•7500 'l'hcawyer Al11h1uru1
"' ,_,,.. - .._..., THE JANUARY 1985 ,. w ...... '"" I'll."°"' U • ~...... \I ••IH• t" lJ ·• I ,I• k obrn \ , ll utrnLl'f' t-..d11tlt Cnrul ,\nn Sn1hh \ luratan. •t Uublk"rk") 1\_,..c-:wl,· ~.d1to1 \t;:01~,n,: fA111tt BOARD OF EDITOR S l'h1lllp 1-., \d. 11n1",Jr.• 0111:lika • t
Tli.f .\'-'l'NlA• ,~f',I"" -"1•\il..,_ .... ••1''1fffk U... ~tw .•. _..,_., .. ,, .,,.,.,._...... ,J.-t "' ~h. ,.,, J••·,~..,'ff.,.. '-i.-.i u \_ .... ,...... '.,.._ ...... ~ ...... __,...... , ",...... Sexu al Ab use - , ...... __..., •'-- W , ... "'-"' tAi1.-.1111i11w,.r, ..... ,4\ _n...,,kr ,w..-~r-lL.r A Cons pir ac y of Silence ... , ... ~.IQ \b ,.:,111,u.~.... ,.,,."""'rThi-\b. bla:l'Rilt,.,..,,.,. _. ,.., -' il••r ••'1QIII•• ~ ,.n .. nt '"' -p g. 30 ..-..W.1 •-'-"+ti••·,11 , ,1, • h"' "',._I ,ui.._,t~.11, .... l4hn-..,.._,~_dfll+tl•l I, t•,,-...t ....,~ J--.-1u·aJ.1llu~ !x•xual d11hl abuse 1sa "whis1~red" ...... , subJ<.'CL, 11·s Llllli, fur opend iscussion of All•l'f1e*ltllt 111tt1••I.II-. h1111k11t-d1t111-1 h.._,ir,..1 ,"hnt.N~ ""' l"tilH·htll\ t1-1k•1tl ln111111IJln11tlinh,-.,1ndur"'"" ni .. 1h is prublc111. n•,....nl~ 1mph, 1Mlelf"lol·n1111111(,111)1•••lu..1 •II' ,.'t\ ""' ,itt,,rd • LUl'J' 0th! 1!11'11I I• • ,\l.,11-1111,1l'll!IIV !~11 ,\II r\lhh , ,.,.·nf\l ,~,s 1111c 11.1t1
/aNNllly 19&) ISSUE IN BRIEF
Specia l T hank s For co11trib111io11s to /Iris issut. sf>t!cial/hanks go lo Myro Schmid· bauer. Mary CarsU'c/1, Tom Mc· Gregor, R11/J1Stri ckla11d011d Co11 · 11ieMa110/i11 .
Insid e This Issu e Chil d Abuse an d t.he President's Page ...... , . . . 4 Execul ive Director's Report . . . . 5 Ju ve nile Cotu·ls Legislative Wrllp,Up , .. , ...... 7 - pg. 35 Riding I he Circuits ...... 8 'l' he juvenile courl 1s the J>rincit:)!11 Bar Briefs ...... 10 forum for hand Iin!( child abuse cases. About Members, Whal arc•the applicable rules and pro Among Pim1s...... , ...... l2 ccdures that govern these proc,•c>dinjls? The Trial ...... , .. l4 JudgeJohnson's Award ...... 15 The Dis tri ct Attorn ey CLE News ...... 23 Committee Report ...... 24 as a Mobilize r Young Lawyers' Section ...... 25 - pg. 37 CLE Opportunities ...... ••.... 28 In Huntsville the district attorney's Recent Decisions...... 43 office has been the drh•ing force in di· Opinions of lhe r~'Clmgpublic allention to the prob GeneralCounsel...... 50 lems of child abuse. Some of !he pro Disciplinary Repon ...... 52 gr.uns iniLialcdhave sparked national In Memoriam ...... , ..... 53 intc.\r..~t. Classifieds...... 54 El Cetera ...••...... 56
Pr eve ntion: A Ne w Leg is lative Appr oac h to Child Abuse - pg. 33 llas lhe legislature hccn responsive lo the chtld ,1busc problt!m?Additiona l legislation may be nc~>ck' ;1 GJ•reside~'s GJ>age BYARS y year as your presidenl has (6) One lawyer by the chiefjudge of the Madison count ies. relati ng to circuit reached its halfway mark. I Alabama Court of Criminal Appeals and district judges. wish l could report half of (7) Two lawyers and one non-lawyer by T he board of bar commiss ioners M the Alabama State Bar. our work has been completed. Despite [urther approved the recommendat ion the many hours of hard work by the Th e members of the nominating com· your bar propose legisla lion which various commiuees . tas k forces and mission would serve terms of six years, would provide non-partisa n election sections . lhe re is sti ll much lo be done, which would be stagge red. T he chief for all judicial offices. T he recent expe and Lherea re still many challenges fac justice of the Sup reme Court of Ala- rience in several jurisdict ions. where iong our bar, ur profession and our ju· state judges runni ng for reelection al dicial system. the time of the 1984 presidential elec On l he affirmative side, the Task tion were swept from office, indjcates Force on Judicial Evaluat ion, ElecLion the wisdom of purs uing non-partisan and Selection has sub mitted, and the "Lawyers, above all others, judicial elections in Alabama. board of bar commissioners has ap mu st recogn ize the imp or Both of these proposals are aimed at proved, t he subcommittee recommen, guaranteeing a free. competent and er dat ion t hat t he Alabama State Bar tance of and embra ce the ficient judiciary. T his proposed legis propose a constit utional amendment highest ethical principles." lation will be a step in the iighl direc· relating to appointments for all judi· tion. but this work is by no means cial vacancies on the appellate level completed. Our st udy relating to judi (supreme court , court of crimi nal ap cial evaluation and rete ntion is con· peals and court of civil appeals). as tinui ng. Furt her, there is another task follows: bama would be lhe ex officio (non force at work considering the restruc Nominal ions for all appellate vacan voting) chairman of the nominating turi ng of lhe appellate courts in this cies would be made by one statewide commission. and the Administrat ive st ate. Only wit h your help al the local nominating commission of 11 citizens Office of Courts would house the min and state levels ca n any of the pro of the state - six lawye rs and five isterial operations of the commission. posed cha nges be cleared through the non-lawyers - appointed: T his commission would nominate to legislaLUre. the governor three qualified persons , T he Midyear Meeting of your bar (1) One lawyer and one non-lawyer by and the governor would appoint one of will be held in Montgomery on March the governor (2) One non-lawyer by the lieutenant these three nominees. In the event of J-2. 1985. At tha t meeting, we are governor his failure to make an appointment planning an indepth report from each (3) One non-lawyerby the speaker of the with in 30 days. the Alabama chief jus· of the committees and task forces. house or representaLives tice would make thcappo intmem !rom Your bar st aff and the program com (4) One lawyer and one non-lawyerby these three nominees. mittee have an out sta nding program the chic! justice or the Alabama Su· preme Coun T his plan is sim ilar to the well· planned for you and your spouses. (5) One lawyer byt hcc hieJjudgeo!the estab lished, successfu l nominati ng As your president, I continue my AlabamaCourt of Civil Appeals commissions in Jefferson, Mobile and travel of the state of Alabama because I (VJ11ti11u(l/u,, pagrtj) GExecutive C.Oirector's ~port HAMNER 1985 Crucial to Bar Finances ur board ofcommiss ioners has forced to defer action on numerous I am proud of the comments we re approved the largest budget in committee recommendations 10 con· ceive from the exammcn. of public ac 0 the history of the Alabama tinue the growth of our bar programs. counts, following our audits, which State Bar (or submission to the 1985 Increasedac tivity in the professional re- generally compliment the bar's fiscal Alabama Legislature. The budget is policies and constantly reflect our get· for fiscal year 1986 which begins Oc ting the "greatest bang for the buck." tober I. 1985, and calls for expendi· Our bar has made great progress Lures totalling $915.799. through the years. but continued This budget cannot be met unless growth will not be possible without the legislature approves legislation to adequate funding. Wecannot afford to enhance bar revenues. For three years, "lt 'e c:a11110/ affon l lo slag - stagnate; 100 man)' of our members we have submillcd this legislation to have given too many hours developing seeit die on the calendar of the house 1/l1/ e; lo o 1110 11.vof our m em worthwhile projects to move our pro and senate. Basically, the bills will fession forward. We need to follow raise your annual license fee from $100 bers hare gire 11 loo ma11y through. to S150,the first increase in six years. How can you help? Eacho[ you has a Another bill will remove an exemption hou r s r/e1•elop i11g wor lh - stale representative and state senator. Please contact these persons. and en currently granted new bar members 1C'l1i/e /Jr<1jec/s lo 111111·e our who pay no dues to the bar for the first courage their early and favorable ac two years of admission. profession fonrar d. •· tion on our bills. If there is a special The fiscal year operat ions. which session in January 1985.we will seek to began October 1, 1984, are based upon pass these bills then. If wedo not sue· a budget with current revenues or ceedin January, the bills will be intro S725.715and expenditures ofm 1.261. dured in the regular session. an approximate$46,000deficit. This is - Reginald T. Hamner the minimum expenditure which can bema de and sti ll fulfill our stat utory P.S. Our 1984 fiscal year figures responsibilities. Our reserves will be sponsibility area. plus inna1ion. has show wereceivedS707,686inrevenues. reduced 10 approximately $71.000. taken those additional re,•enues which Wes1icn1$753,429. I n our March issue, barring any unexpected financial needs. accrue each year as 400-450 members l will utilize my oolumn to discuss For two years, the board has been begin Lo pay dues. these expenditures in detail. 0 77,r.-1/ub.Jmu l.u.,,, r, P res ide ul 's Pa ge (Frompage 41 source and fountaino f justice. In· spired with the honorwhich should everinspire them. the trusts reposed am convinced firmly Lhesuccess of all in them. public and private,will ever programs of the Alabama State Bar be guarded and protected.and the necessarily relies on support at the fountain of justice will everbecome grassroots. On December l4, I attended purer and clearer.Take from them Gra ce B. McIntosh the annual meeting of the Birmingham that honor. and trusts will be be· 1916-1984 Bar Association.From my standpoint. trayed. and justice will becomea mockery:and all this at the cost of Mrs. Grace B. McIntosh, longtime this was an outstanding occasion, in the people." secretary at the AlabamaState Bar cluding the annual business meeting and climaxing wilh the annua l Christ As lawyers, it is essential we con servingboth Judge John B. Scott and ReginaldHamner as lheir per mas party. As your president, l wel duct ourselvesethica lly, professionally come and appreciate invitations and and competent))', and that we see our sonalsecretary, died in Prattville,Al , the opportunity to appear at local bar fellow lawyers have proper guidance abama. on Thursday, November29, 1984,following a briefillness. meetings. toward this goal. Lawyers. above all The pursuit of excellencein our pro, others, must recognizeth e importance Mrs. McIntoshwas a devoted em· fessionmoves forward. However.there of and embrace the highest ethical ployeeof the bar and had many friendsamong its membership. is one alarming negative feature. At principles. If we fail lo accept our re· the first meeting of the board of bar sponsibility, we will cease to be a pro· She is survivedby a son and commissioners during my tenure as fession. D daughter and several grandchildren. your president, l disciplined more law - Walter R. Byars yers than any previous president dur· ing an entire year, and disciplined half lhat many more at the second meeting. As if that were not enough, rhere are more pending complainLs than at any other time in the history or the organ ized bar in Alabama. This is an appall Editor's ing sit uation which calls for the as· sistance of all of our members. We lawyers must sit in peer review of our associates from a standpoint of ethics as well as competency, giving them Comments guidance and counsel when needed. We must push forward our "buddy prot,>ram"at the local level. enlisti ng the aid and counsel of experienced In recent months then• has been fonbcommg 1!the judicial and legisla· lawyers to serve as a mentor or buddy widesprrocessesare to function in ad for recent admiuees. Obviously, the various aspects of the societal dilemma dressing child abuse grievances. In need is there, and I enlist the aid of of child abuse. Indeed. it ha~ beetl this iSSlleof Th e ..\Jal>nma Law yer each of you. vie\vedin-some q uarters to be a '·fash· distinguished Alabama juris t,rnnd h!lr When I think of lawyers. I cannot ionable·· subject. The subject ts far member~ recoun1 the problems con· overlook the address of the Honorable from being fashionable-it is a matter front1ngoursta1ein this ,1rca and offor John P. Tillman at the annua l conven 0f serious concern nationwide and is a suggcslions on how the bar can cope tion or the Alabama Stale Bar held probleni-whichpermeates all segments with this problem. June 17. 1899.where he observed: of our society, both young and old, rich With this issut: Th e Alabam a and poor. "Wil11outlawyers. the s<:ienceofju , La wye r welcomes a new managing risprudence would languish.if not I lave the legislative processesin Ala· editor, Margaret L>ubberley, who has die; without honor, lawyers would bama a.d~'Quately addressed the 1m>b· repla(:cdthe magazine'sp ng,nal man makethat sciencea menace.instead lcms of child abuse? Uoes our judicial agingeditor.Jen Nowell.Jen wasoneof or a protection.to 1he best interests syswm have the mechanics 111place to thcguidingforees in tm11lcmeming 1he of the state; and the administration punish the child abuser while safe ofjustice would become a n agencyof uew format for The A labam a law· oppression. rather than a meansfor guarding the consti1utional right$ af yc r in L9Sa,and her contributions 10 the enforcementof rights and the forded to all citizens? What is the role thesuc1;ess of this publication will he remedyingof wrongs.. . of the bar in this state tn formula! mg mi ssed, We wish her continued suc " ... (W]ithinthe limitsof their pro solutions Lothe child abuse problem? cess in her ne,~ job as editor ol the fessionald uties. theydea l with large There are no each answers to these Louis iana Bar Journal . interests, public and private, and inquiries. Yet some solutions must be Editor their duties bring them to the very 6 }lllllttlf) ' l!lli!i by Rob cl'I L. McCud cy, Jr . he legislature r('CCntly creau ..od 13 interim commil · concensus bill can be reached that would be supported by all tl't'S to study various issues. These addition~ bring faction,;. T the total number o( house and senate temporary Ah hough legislators in Alabama are part,time,during the and perman~nt interim commiuees 10 100. Many of these past se11cral years their commiuec activ ity between ses· commillecs have limilccl 111)J)lication, such as the Coosa slons has increaS<'e i$ st udying compul SOI) ' automobile insurance laws. The Prison Oversight The price of each of these books is $59.95 plus Commiuee has been studying Alabama's habitual olfender postage a nd handling . law for any possible revisions. The Constitutional Re,•1sion Commillee is stall in existence. but has not met in lhe 1>11st year. MADISON PUBLISHING COMPANY , INC. The Interim Committee studying co-employee law suits 223 EAST SIDE SQUARE has met several times to hear presentations from various HUNTSVILLE, ALABAMA 35801 groups. The committee heard separately from mduStl) ', (205) 533-5040 labor and tria l lawyers. A subcommittee is draft ing 3 bill for presentat ion to the full commi uee; however, it is doubt ful a 7 The new 1984 members of the Dallas County Bar Associ ation are Robert Emerson Armstrong, Ill, and John David Brady, Jr .. both graduates of the University of Alabama GJliding Schoolof Law. and Thomas ap RogerJon es, graduate oft he Cumberland School of Law. The Dallas County Bar Association is in the process of ha,•inga portrait madeof the recently retiredJudge Edgar P. Russell. Jr., who served as a Circuit Judge for the Fourth the Circuits Judicial Circuit for 15 years (196~1984). Etowah County Bar Association The Etowah County Bar Association recently elected new officers. These include Benny L. Roberts, president; Douglas Burns, first vice president: Charles Y. Boyd. se cond vice president; and Michael L. Allsup, sccretary-trea· surer. Jac kson Coun ty Bar Assoc iati on Dalla s Count y Bar Association The Scottsboro-JacksonCounty Bar Associationh onored The Dallas County Bar Association had its c1uarterly retiring attorney Andy Hamlet with a retirement dinner on luncheon meeting on Thur sday, October 25,at the Holiday Tuesday, November 27. 1984. The dinner, held al lhe lnn. Honorable H.W . "Bucky" McMillan,r ecently elected to Scousboro Golf and Country Club, honored the attorney the Court of Criminal Appeals. was the guest speaker. who retired after 35 years of practice in Scottsboro. Hunt sv ille -Madi so n County Ba,· Association In August 1984,Lhe Hu ntsville-Madison Couniy Bar As· A PERSONAL INVITATION sociation elected as their new executive committee the fol· lowing members: to President: W.H. Griffin VicePresident: Jim Tatum LOCAL BAR Secretary: Jim Hess Treasurer: Donna Pate Presidents AppointedM ember: Pat Graves Prest den ts-elect AppointedMember: Dick Richardson Vice Presidents AppointedMember: Charles Shaver. Jr. lmmedl ate Past Pres idents New committee chairmen and members were appointed I Invite you. our leaders of the local bar a.ssodatlons b)' the new executive committee for all standing and special suuew!de. to attend a \!Cryspecial meetingto be held committees. durtng the Alabama State Bar Midyear Meeting. Harvey Morris, the outgoing president, was presented a March I & 2. 1985. In Montgomery . The purpose of this meeting ls to exchange Ideas and aim to achieve the maximum UaJson between the local bar associa ~ ALABAtlA SAFETY & tions In Alabama Individually and ,vtth the Alabama ·;ff/' HEALTH ASSOCIATION State Bar. Please make plans to attend the March meeting. LEGAL SUPPORT SERVICES DIVISION Consu lting. research, evaluation. wmtcn opinions Sincerely. and expert testimony for plaintiff or de(endant. In the areas of occupat ional sofety ond health d..uw-P4- (OSHA), traffic safety, public snfety and health, pro duct safety, employability and disability. Waltcr R Byars Professional staff. Ph.D. level. President P.O. Box 4765 Birmingham, AL 3S106 (lOS) 310.6144 8 J MEDICAL EXPERTS FOR: MEDICAL and HOSPITAL Often First Investigations MALPRACTICE Don't Do Your Case PERSONAL INJURY Justice 1150 Board Certified emlnonrly qun/11/ed medlcal ex perts In all speclal1Jes,nationwide nnd Alabama, who review medical records and testify . We review , approve , and guarantee ell reports you receive. • Flexible fee options : from $150. • Experience: 9 years and 8000 cases for 4000 sat isfied attorneys . • Local references. • FREE books by our Medlen! Director , one with foreword by Melvin Bolll . fven a slighl ovc.1slghl In l11illal acddcn1 reports 0:111 niake.a deciding c11fh:.1cncc lnyo ur cn.sc. rora tollow • FREE detailed case consu llellon with our Senior up fnvcstig.all on .:uuJ v11IIC1. rcllablle Lestin ,ony by ;1 Modica! Director. W't'..11-establis hcd C-\pctt, to 11ttteu A WORD OF ADVICE, Tho call 1 our books ond lltornturo and dot.alliJd t elephone cona.ult11Uonw ith our Medica l OlrK1ors are FREE. Spend ALBERT MEDINA f1vo minutes of your time and ,earn whit a competent Medlcll--1..eg,II Consu.tling Serltc. c:a.n do for your practic. Y~C.O!I.IUfI.o.nl/1<.etotllllAutli.otuAL and clients. Accident lm-csUg.atlon Court T estimony TOLL FREE 8 2 Speed E.slimot~ ~dent Recoulfflctlon Lamp Exa:mlnalion l'bolograpbs (703) 437-3333 Collision Anatysl~ The Medical Quality Foundation r.o . 6o:.. 17332 • Mcu11go111cry, Alobarna 36 1 17 Tho Amsrfcan Board of Medlcal-LBflal Consultants Cl0~1l77-79 29 11345 Sunset HIii s Road, Rosto n, VA 2209 0 Tin· 1i1bt1ut11IJ11t·rc•r \I Gffar Gffrief s Also elec1edto se.rveas ATU\ Commi ttee re-e lects T orbe rt officers were Gregory S. Cusimano of Gadsden. president elecL:M. C.C. Torben, Jr., chief just ice of Clay Alspaugh of Birmingham, the Supreme Court o( Alabama, first viee president; L. Andrew has been reelected to the execu· Hollis.Jr .. of Birmingham, second live committee of the American vice president; Larry W. Morris of Judicature Society,a national or· Alexander City, secretary; and ganization for improvement of the John T. Crowder,Jr., of Mobile, courts. treasurer. Founded in 1913. AJS is sup· ported by more lhan 30,000con· cerned citizens. Through research. Law fim,s donate $250, 000 to educational programs and publica endow five scholarships tions, the society addresses con Gi[ts 1otaling$250 .000 from the cerns related lo the selecLionand Birminghaml egal community retention of judges, court manage KNIG HT have established five endowed ment and the public's under scholarships aL Samford Universi· sta nding of the judicial system. New associalioo president s ty's Cumberland School of Law. A graduate of Auburn Univer· William C. Knighl was elected The five scholarships honor three sity and the University of Alabama recently as p resident of the Ala· living and two deceased members Law School, Chief Justice Torbert bama Defense Lawyers Associa of the legal profession. Honorees serves on the Committee to Estab tion during their annual meeting gathered at a recognition dinner lish a Slate Judicial Institute and in Palm 13each,Florida. with law dean Brad Bishop inc:lude on the Conferenceof ChiefJu sli· l IU J11111u11•\· I !NS.'; r P EAllS()N 1'HOl! N Kl:NU,\I.L IJORROL' t:11 1".0RTON JOIINS<)N Govern or app oin ts school al I loward llnil'cr~ILyin 1o C.:hicf Ju~tii:c C.:.C.Torbert and new jud ges Washmgton l>.C.. in 19:;ll. as assis1an1 clis1ric1attornc,· for A gradumc of Cumbtrland I he 12th Judicial circuu · Ten nc\\ slate jud1tt'!,wen.> ap School of l..;1w.T horn "from A naun· of E,ergn-cn, r II &\.bout Members , &\.mong Firtns Ab out Member s Nicho las with the firm for the prac· Roy John son, Ill, and Joel C. H. Kenan Timberlake, of the Liceof law. Offices are located al 211 Watson are pleased lo announ ce Huntsville firm Timberlake & Cam· North Conception Street. P.O. their partnership. with offices at Jes· mons. recently was named Boss of Drawer 2025,M obile, Alabama 36652. sup Building. P.O. Box 987. Ala bas· the Year by the Huntsville u.>gal Se· Phone 432-1671. ter, Alabama 35007. crelaries Association. Jack B. Hood. formerly of Bir mingham, has been appointed as an ATMVT assista nt United States auorney for the middle distr ict of Georgia (civil WEDO ONLY ONE THING division). with offices in Macon. ANDWE DO IT WELL. At Mississippi Valley Title we admi t we're Richard Volentin e. Jr., of singleminded . That's because the only thing we Tampa. Florida. was named recently deal in is tit le insura.nce. And since that's the only as assistant genera l counsel to Citi corp Savings of Florida. Previously he kind of insurance we sell, we're the best in the served as regional counsel for Citi· south at meeting your title insurance needs. corp Person-Lo-Person. lnc. Volentine In fact, we're the industry leader in title was ad milled lo Lhe Alabama State insurance. We've got a staff of professionals with Bar in 1980. years of experience and are fully computerized to serve you fast and efficient ly. Come to Mississippi Valley Title. Even though Da vid A. Nihart is pleased to an· nounce t he relocation of his office to we only do one thing-we do it better than any Suite 204, Tille Insuran ce Building. one else. 164 St. Fran cis St reet, P.O. Box8101 , MississippiVolley ntle Insurance Company Mobile, Alabama 36689.Ph one 4:l:l-1986. ~ Home office: ~ Jackson, MS 39205 William Roberts Wilso n, Jr., recently was named public relat ions chairman for the Mississ ippi T rial Lawyers Associati()n. Among Firms The law firm of McD erm ott, Slepia n. Windom & Rec d is pleased lo announce the association or T. J ulian Mot es an cl Stev e n L. WhoUyowned sub$1dlary of nrle 1n$Urance companyof Mlnne$0ta l l }llllUUI)' IYSS Barr y Gordon Terr anova an· The law firm of Bradl ey, Arant , The finn of Stephen s, Millirons, nounces the opemng of his law office. Rose & White 1s plea!iCdto an· Harri son & Williams is pleased to Officesare locatednt 150Govcrn nounceMary Louise Aheam:Jo- · announce Bru ce E. Williams has mcnLStrcc L. Suite :mo2-A.T he La· sc ph B. Mays . Jr .. Brmno n become a member of 1he firm. Offices clcde. Mobile, Alabama 36602. Phone Schell, Jr., and J ohn I(. Molen are localed at 333 Franklin Street, 432,611l. have becomeme mbers of the firm, lluntsville, Alabama 35801. Phone and Rnlph H. Yielding , Pat ricia T. 5.13-7711. Paul M. Heffler . anorney a1 law. Mandt, John D. Wat son, ill , Ja y former!)'assistant auorne)• general, D. St. Clair , Robert M. Couch. J. Stale of Alabama Surface Mining Barr y Jone s and Greg ory H. Commission. announces the opening I lowle y have becomeassoc iated AnnoWtcements for this of his office for I he general practice of with 1he fim1.Offices are locatedat column must be rece ived by the law al 7216 First Avenue North, MOOPark Place Tower. Birmingham. firsl day of the month prior to Birmingham. Alabama :i5206.Phone Alabama 35203. Phone 252-4500. publicat ion date. 836-9522. Saroh Kathr yn Farne ll announ· ccs the relocationof her legal re liCarch practice to Birmingham. Offi ces are located at 1905W oodlane How to Avoidthe Place. ijirmingham. Al~bama352 16. Phone 979-3648. DisciplinaryBoard The law firm of Tu rner. Onder donk & Kimbro ugh. P.A., takes FollowI ng are 17 ways to avold havingt o come before the DisciplinaryBoard pleasure in announcing that Halro n of the Alabama Stale Bi,rAs sociation. as prepared by Assistant General Coun W. Tw·ner and Frank Woodso n, sel John A. Yung,IV (These guidelines are based on a similara rticle appearing Jr., are associatl'd with the firm. In the July 1983 ed1t1onof The Colorado Lawyer.) Oo not undenake any ma- youare not compelenl to handle. The law firm of Brynn 1, McNe ill 2 Oo nOIunderta~e any maneryou do not 11aveume to prope It Ju11,u1,y/!#ta Judge Johnson Receives Devitt ....-·... ,.,_., JI. ,11 d1Sttnctionof losing more cases b especiaUy for cillil nghts i: ((r him than any other lawyerl" C sions made 111 the 1950s ~ d Johnson, a Winston County nat Award •Judge Edward J Oevirt descniQ 111f5 .ippmnled d fod,-ral Judge m No 1984 recipient of the Devitt Dis \/ember 1955. Beg,nmng 1111ththe b Ehed Service to Justice A... -ard. ·I-le boyco11 the next ~ear, he he.ird some o f.id what needed lo Ix, said aod ma~eit 1he most unportant ctv1lrights cases 1 lear that rhe Constitution embraccil all the S()uth. eople, regardless of race, creed o O· I~ 1978, Johnson w.>~ named to hi fcor." said Devitt of lhe HonorableF stnk p es,rnr position on 1he ,,ppe.,ls court . M Johnson.Jr., di thepre,;enlalioo cere Cfttng his pride In being<1n Alabamian (ll(lny in Montgomery NOll~mber29 Johnson stated. "I Mil proud of my root Early in his career, Johnson, no" ' <1nd I dill proud ol the progress trusstat iµdge of the Uruted Stclll'S Court o[ p has m.ide 111the past 25 ye.irs.• als for the 11th C,rcuit, p,oneered)udi T~e Devitt A,.,-ard,established In 1982 lal intervention to enforc~ constitutional b71196public reco9nlho11 10 the contr!bu Udranlees He held th~t separate but 1,~ns to Justice mad<' by federal judges ual fociliues In Montgomery's public 11,je annual award ,s presented to ajud us system violatedthe due process and d ,osen by a panl!I of hi$peers, basedo ual protection clauses 01 the U.S. I~ .Jqdge's Olllbtandtng ""1V1Ce to t on,munon. Johnson ~n,m,Uy is cre cahs.? of j~'tice. The awdrd was creat ~ited with leading th~ pe.icdul judicial in CCC?,9n111onol Edward J Dcvitl. long revolution in the stat 1 of the fpttner time chief U.S. dislncl iudge. Confederacy. Accord,ng to Alabama ~tevious recipi'V'ls 1nclu(leU .S. Cir Chief Justice C.C . Tor berl, "Those who cu~ Judge:Albert,B. Man~of Phlladelphi ~onor Frank Joh nso n honor the law, for and U.S . Disttic:! J udge Walter E. Hoff Frank Johnson is the law, and the law is man of V',rgjnia: Chief .Jusl!Ce Warren America.· Burgerreceived a speckll award m 1982. Many in the audience d uring the cere· The final tribute 10 Judg;> Johnson m rno11ywere invol1:eddire ctly with the le eluded a stirring rendmon of "The Ba11l "Frank Johnsonis /ht law. and the Jaw gal profession,either as lawyer&or judges. Hymn of 1he Republic" by d Tuskege is America." Circuit Judge Joe Ph~lps slated,''! have student Judge Johnson (ce111cr) wilh former US. attomc)' Onylc Powell (Jell I who led the effort 10 nominate John· ;;on, and Dwigh1 0 . 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Jr, (1!1.-.,'IJ,1"ronk · rNcktr fJ1t11ff! lliJ;t,; f1ltlmiJl1v•/11ulN11ul r,ml 11'/fi•tl-illh.-rn1/lf f'a/11l!riM /(II(/ ( I !i-H.'IJ,1lltuy IINf'4'11{~pri,IJI JUI J,,yNdit1111;1,r (l!JMI ""'' \'Jtlm/111,\' ,,xnrh (l: hUi "'~r/ (.'. lf1v_11,•lt( t,~,(I (Utr/ '1'/11itltnj ( 11/i'(;rt1,,1I lh'Ni'ti>I( llullt11k (l'i.X-IJ11ml A'am, :i flilfl(J('/t ( ll 'i/ ,• u,u/ lJ1UA,1ul 111/milln~) (l•ttlf,'J (1lrlmill1Y"l/oi1lht Jul y 1984 Bar Ei.am S1atis1ics ofln terest ~u mber S111ingfo r Exam -101 ~ umber <:enilil'dto Supreme Court 301 C.:rufica11011R aw 75·• Certlfi1.,11iun ll;i 1c From. llhtvcrsil)' 11( Alabama .. 85\f· Cumlx:rland . • ...... SJ1r.1 Aloba111;1N onnccredited L.iw !-il'hools 43% 1/fft!1 11111,s..,. ...,,( I Wt,,. fclM'{frt/ ,, ,~.(lfYll(JH,l7J A'1,IJ.rt ,\imum rr,//tJ ll'f/kf"'5fUIt:l,'t'N ( I !),'1,IJ,!v,111 l'rrry ,nul /Airnlr/(.. /k111n1/(l'i;r, (tl1ft11tllr1•lfi1tl,,•1/H111J/JtrJ {,'Irv,, (I •i hi) tJHI/. \um l~•,r,, l,'itV'll, Jr, ll!IXI) l,ldm il I, tlN1llrrrtltiv1ll1rrJ 19 Stilct'J S l(m,,\l'l/t (l9 ,"'4Jtu11//1'11u,lull l J/m,.,t1m f 111frU:A•,H l.,1Jt'f'Ur(19841 nml }tJhN II l,111vltr J1llu1n ,HtL11rdl/!)8l/1111rll<,,:rO. Ur0,rrl(f9lr!J llY,"•IJ/U ifr am/ 1(,,~bt1mJ1ld ,11lt1,·1'$J (19571(1l1/11n11,~ / f,i,11t,.rJ (1"1rl mllllY/ lln,t11rrJ #lrrba,111 1'<,•odl,y1\lmo1/<1iu (/!184/ ni«I C. l)dr1im• f ,'11,<.11111Ctiffi/11 O'N,v,r (IYS4J ttitd Ct1i11t,rJ James \I. P1t'JCforJI (19,'W) and Juh11F t•r«·tur /{1Jbt•r/:-i, H11m,..,, (l!}tf4) "ml 11'i/liunr ll ' /(tUIISt'J Jom,'1II . Stnutlhr.J 1: (I ~184Jand C:liut.vS. &-IiNff'SS/17' (l!ti7J (tl1/mill('~/ f,"a11J,.,J llt):;JJ (1ltl111t1/,r, fi,tltrrJ (/97Jl! 1iltfmllf•'<'.IS1Uo) (~- •.~· . t- .. II .r,. ~ fr C.-or,.'t•Ho1(,t1rd Tn1«·i,k (l!JS41 ,111d Go,rJ:•·£r1rl ,11,u:, ,\ 'ft'" ll(1r,r11(l!IS-1) am/ J Ra.r 110rl'tll H,dpl,II . l'ti/1ti1ut(l9'J.IJ umf 1\1 ,l/011lv •·,.;t,1i11x. 1'ralj•idt (J.1UfiJ(Adnlitt ,v/ f (1t/h'I'} ( l!H;J; (tl, tmilltf' ·Ffllfr,•,) Jr. (IYS./1 (t11Jmill.-r.1Fall1rrJ Ja11u11ry1985 lku•id JJ,·ihul/ Co11JI,""·jl' . (1984) and Dtu•hl 8, Jc>lutCaowy /XJl,b.t(1984) (llld Ct1r,it',v111')'1 Dobbs Jl/ark Aud,r,r /)u11ra,r (1!)84) 111u/C.:rl,'SJ,· ll'r ir V/1tll1t•11(19{J'IJ (Admillt't·I F1Jll1(r) ( 1949} (Admillrr l r'f1Jlttr) VN1ta1Jt(J~J&'J) (1 l1!1Jtllll"tf!U'ifrJ }ttlia 111. C&yrr (19.~4/. }f1111e1I .. G(!Jv:r(l97!J) 111,dJ ~ 1:t1irlry !llc/.k,l(lffl Ill ll1tgh l{d11•;,, ffQf/atloy,Jr, ( l~UU),J1a/;fr IINJ[l1 1'.'dl1·u,Jlolla II'. Stt111lt1Jl:4,rnrr. Jr, (19R4) tiNtl II '. SJa,,ley ;l/oq.vw / 1/(JtNlttr.k t:rrr;,u• (l~iS4) u11dJuln, &r~t Jc,/111Dtvr111an /frr11do1t (1984) nnd James tk,1ttis (~ n1r.r. Sr. (1974) (Admi 1t1·tl J,(11/u•r) t:rr.•m·IH184J (U'i.frond f/11.(IXJ,ul11tlnrillr..'$-I llc-nlfloJt (l~IS2) (1ldmillrr l l·i.1Jl1~r) Frrd n: J,,.'ill«lu /(I (J!MIJ, l·"r1'(fII '. A'i'//i'.111,Jr. Frrris S. Nilrlley /JI (l9S4J, f"cm"sS. kildwy. Jr. Alicia Jo Nttsr {N}8,IJ, Clmrln ,V.Hre,..> (l~)SQ)an,I (1!159) flHrl J11mt'$ 11' A',llhw (l!JS4 ) (l,,.ulherl (Ht.'il } t111d(rlXu'}lf' ,1/, Nilrht'J (l!J7S) (A dmillo •I CJ1urlr.c 1 : N,'f"ic•(I !J4S)(, Id milt,>t•/ H u. '/1w:-1/t,/,ttnut J..1111"j'f'I' 21 They've ma.de their move ... The Alabama State Bar Association has made a decisive move to strengthen the professional liability insurance pro tection available to Alabama lawyers. The Bar has endorsed a program that significantly expands liability cover age at favorable rates based solely on Alabama lawyer's claims e;ic.perience. Professional Li.ability Insurance, Inc. will administer the new insurance pro gram that combines the resources of two major insurers: Dependable Insur ance Company and Lloyd's of b:>ndon. Now it' s your move ••• To find out more about the new pro fessional liability insuran ee program, contact any Alabama independent insur ance broker or call Professional Li.ability Insurance, Inc. . . We ~ve satisfied a . ole world of r sional insurance three keystones of effective insurance : KNOWLEDGE • INNOVAT ION • SE RVI CE CLE by Mary Lyn Pike St1tff Oircc lor, MCLE Commiss ion Pu blis hed CLE cre dits arc the Regu lation 4.1 .13 Sponsors of ap, Regulatio n 5.2 The CommiJ>S1on maximum uvoilabl e proved CI.Eacuv111cs must refrain will perntlt amendment.~of reports from advertising or encouraging lhc of compliance throughLh c las, dny of While there is no requirement an at useo f their products or S<:rvicesdur, February of the year immediately torney attend an emirecourse in order ing occredited CLEac tivities. SPon· succeeding 1he reporting year. Re 10earn the available CLE credits, it is sors must also ~k participan15' quests for amendmenlSmust be opinions regarding thtar adherence wriuen and must specifythe titles, required the credits claimed reflect 10 1h1s policy. Failure 10 adhere to sponsors. dates. and locations.as time actually spent in class. Credits this policy shall begrounds !or with wellas thecrl'datsearned. Allcrl'dits published or announced by a course drnwnl of accreditntlon of the course sponsor are the maximum number of in question. /Cu11/il11ml011 /lflJW 49) credits available for full attend:ince of a course. Fore.xample, the AlabamaS1a1e Bar sponsors secl ion meetings each year A CONCERNO F THE BAR during its annual meeting. Someo r lhe AND BENCH section meetings last l wo or three The Teak Force on Lawyer Alcohol and Drug Abuse is hours. others last one and onc-hatr working to 8818b11sh a permanent program to aaslst the hours. All.howeve r, fit within a three Alabame legal community and Its families In dealing wi1h hourtime frame, two until five p.m. It the tmpact of problems caused by alcoholism end drug is not possible 10 auend overlapping abuse. We are endeavoring to increaseawareness of the seclion meetings and earn [ull crcdil problem and educate the bar and bench on the complex for each of 1hem. ities of lhe disease or chemical dependency. Any portion or anaccredi1edac1ivi1y We need input of fellow professionals and family missed must be subtracted Cromthe membenl who are tecoVenng from this Illness and be · maximum number of credits available long to AA.Al -Anon or other supporting groups. There foriheco urseal a ra1eofonecrcdil per fore, on February9 , 1985, lhe Education and Awareness 50 minules of instruction missed. Committee of the task force wnl hold meetings In the Rules and Regulation s to be Montgomery Civic Center. localed at 300 Bibb Street, publi shed Montgomery, Alabama. lo discuss petllclpedon In our program. The following Is a sched ule of meetings An updated bookletof rules and reg offered: ulations for mandatory continuing le gal educationwill be mailedt o members ,, a.m.-12 p.m.- Closed AA meeting of the Alabama State Bar this month. 11 a.m.-12 p.m.- Closed Al-Anon meeting Such a booklet was last published in 12-1:30 p.m.- Dutch luncheon January 1983. 1:30-:t30 p.m.- Open dlsaJSSlon meeclng The followingregulations have been We all muatlrrm our awarenessof the nature of adopted by the Board of Bar Commis bolh the problems and potential solutions N we are to sioners since that time and should be make progrNS In Iha treatment of alcoholism and drug noted when 1hc booklets ar e received: addiction. Pl- join us In Montgomery on February 9. RegulnLior, by Mar y Lyn Pik e Mid year Meeti ng 1985 recently surveyed section officers, bar lay the groundwork for assistance to commissioners. local bar presidents 1roubled lawyers and their families.As Chainnan William I. Hill and mem· and state judges, seeking answers to announced elsewhere in this issue, 1tis bers of the 1985 Midyear Meeting the question of pOSSibleincompetence sponsoring bo1h closed and open meet· Commi ttee are hard at work putting on the part or some members or the ings of Alcoholics Anon)'TllOUSand Al· together an educational and enterta in· bar. It plans to use this inCormaLion to Anon forlawycrsand their families on ing weekend !or members of the bar. make recommendations as to what the Saturday, February9attheCivicCen · The meeting. traditionally a working state bar should do. ii anything, with ter in Montgomery. h is hoped these session forcommineesand board mem· regard to establishing peer review meetings will lead to the fonnation or a bers. is scheduled for Friday and Sat· groups. network of lawyers who are willing to urday , March l and2 at theCivicCen· Faced with more complaints against assist their peers in dealingwlt h alco ter in Montgomery. Committees will attorneys Lhan ever before, Presidenl hol addiction and the problems gcncr· meet in various Montgomery law rirms Byars and the board of commissioners ated by it. Additionally. the board of on Friday morning. A CLE activity is have appointed an Ethi.:s Education commissionersrecently authorized the planned for Friday afternoon. lo be fol Commi tt ee to recommend methods task force to pursue fonnation of a lowed by an evening or socializingand of increasing attorneys' adherence to nonprofit corporation or foundation entertainment. The board of commis the bar's standards of professional for purposes of fund raising and educa· sioners and other interested members conduct. Chaired by Commissioner tion. Bar members will be treat ed or the bar will hear progress reports on Rogc:rBedford. Sr .. of Russellville. the 10 a "showcase" presentation by a na· the work of the committees on Satur· commi11eehas been apprised of the tiooally prominent recoveringalCl)holic day morning. fact that in 1980,300 complaints were at the July Annual Meeting in Hunts· ALthe Midyear Meeting. bar mcm· filed against attorneys. By fiscal year ville. bers will have an opponunil)• LoJl(lrtic· 1983·84 that number h~d increased 10 Chairman Ralph Gaines and the ipate in a hearing on the recommenda· 800.A ccording Lo staff or the bar's Ta sk Force on Lawyers S1>cciali tions or the Commitlee 011 Gover Center for Professional Responsibility. zatio n have taken on four tasks for nance of the Alabama State Bn.r. the number of complaints warranting 1984-85:10 investigate the benefits of Thecommiueewill proposechanges in discipline has remaini.' ''"""',., ,~,s:; ~ung GLawr.ers' ~ection by Rohen T. Mead ows Ill YLS Pre sident he Young L;iwycrs' Section or annual meeting in Huntsville this com primary reason for being the printing the Alabama Stale Bar con ing summer.Jim Miller's committee is ora pamphlet Lhisyear for distribution T tinues enthusiasticallyto move working 10 make this seminar a very 10thecolleges Lhroughou11hestate,as through the 1984-85 year with a view informative one for all those who at well as 10 other sources needing this towards providing service 10your pro tend. The timing or this seminar is type of information to pass on lo pro fession, to you young lawyers and 10 porticularly appro1iriotcand attractive spective law studcn1s. Ron and his the 1n1blicat large. Our efforts in this 10 1hose who desire to kill 1wo birds commitleehavecommiUedt hemselves regard primarily center oncenain pm· with one stone, namely, alle nding the 10 a significant expenditure of time jects and activities. Briefly, let me bar convention and 111the same time and effort in preparing this panicu lar bring you up to date nn these projects gel ling CLE credit. pamphlet. The Young Lawyers' Sec and activities. The Young Lawyers' Section does tion anticipa1es this pamphlet will be The section. through the able efforts nOI, however. s1op at conducting se published in time for use in the very or Jim i'lliller in Birmingham. is plan minars for the bar itself. Randolph near future. ning 1hree(J)seminars for this coming Reaves of Montgomery has taken ii Al the Annual Midyear Meeting of year 10bene r serve Ih e profession.T he upon himself 10es1ablis h and conduct 1he bar association to be held in Mon1- firs1 or these will be held at various a Conference on 1he Profession. This gomcry on March I and 2, 1985, the times in February or March or 1985in seminar has become an annual affair Young Lawyers' Section of the Ala Birmingham and wilt be a basic legal and one that will be held this year in bama State Bar in conjunclion with skills seminar or a bridge-the-gapsem Gulf Shores for the second straight the University of Alabama School of inar. This will primarily be addressed year. This seminar brings together Law and the Cumberland School of lot he YoungLawycrs.1hough some of members of a number of different pro Law will sponsor the first Annual Mid the "old" lawyers will no doubt gain fL-ssions to educate them on certain le year Interviewing Conference. At this from the stimulati ng program which gal matte rs and 10 promote goodwill conference, we hope to bring together we anticipate. The second seminar and harmony between those profes prospective employers and employees will be our Annual Sandestin Seminar sions and the lawyers or Alabama. at a convenient Limeand place. Again, which will be held in mid-May and is This seminar has been extremely sue, this isan attempt to kill two birds with being handled by Caine O'Rear and cessful in the past. and this year's one slone by allowing those auending Charles Mixonof lllob1lc . This seminar promises 10be bigger and better than the midyear meeting 10in1erview pro needs no introduction 10 the young ever. The Young Lawyers' Section has spective employees at the same time. lawyers who have anended it in the supported and con1inucs to suppon This particular endeavor is geared llllSl. Without a doub1, this particular enthusiastically this parLicular semi towards Jlrimarily second- and third seminar combines the best that can be nar. year law students. We encourage all offered in terms or continuing legal ed· The Young Lawyers· Section has prospectiveemp loyers 10panicipale in ucation 1ogether wh h an exceptional had requests from ,;arious sources for this endeavor so 1t may continue and social event . Thi s year' s seminar a pamphletwhich explains brieflywhat become one or the annual portions or promisesto be another significante- ·ent a 1>ersonshould consider when he or 1he midyear meeting. and one of which we in the Young she is trying to decideon a legalcareer. More informal ion will be provided J.owyers' Section arc very proud. The Ron Davis or Tuscaloosa is currently la1er but you should be aware thal Lhe third seminar will be conducted at the chairing a commillcc which has as its 1985 Midyear Meellng should be ex- u·emely inte resting and infonnative. to provide you with whatever assist hope every new admittee is as proud. Th e commiu ce in cha rge of the meet· ance you may need for your local Law Our hats are off to Myra Baker for ing tentativ ely has scheduled some ex Week programs . her diligent efforts in thi s regard. Put· cellent speakers for the seminar along As was mentioned in the previous ting on a program for 311 new adm it with an outst anding social agenda. On article in th is column , former Gover· tees and their ramilies, complete with top of this. the committee is pursuing nor Albert P. Brewer of Decatur gave both the court s or appea l and the Su· well-known individuals for t he key the luncheon address at the baradmis , preme court. is a tremendous under note speaker. s ions ceremony in Montgomery on taki ng and one which Myra hand led Pat Harris of Montgomery has agreed October 29, 19S4. Governor Brew er with a great deal of success. We would to undertake the responsibi lity of es· gave a st imulating and enlighteni ng be remiss if we did not also thank Chief tab lishi ng some type of project to be talk and one which I am sure will be Justic eC. C. Torber t and Judge Richard conducted statewide or on a local level remembered for a long time by all Holmes [or their part in what can only which would provide legal serv ices to those who attended. Additionally . be characterized as an outstand ing senior citizens. Pat has been provided President Walter Byars of the Ala admiss ions ceremony. with a number of samp le programs bama State Bar addressed the assem Th e Young Lawyers' Section mem which have been used in Nebraska. Ca bly prior to the new admittees receiv bers. as has been noted in previous lifornia and Wiscons in as a beginning ing their cert ificates and did an out · articles , regularly atte nd the ABA/ point. If any of you would like to partic standi ng job. Walter has an inimitable YLD A(filiate Outreach Project Meet· ipate in this particular project, please way or cha llenging a person to partici ings held thr oughout the coun try. do not hesitate to contact either me or pate and give his best on behalf or his Th ese meetings enable us, as leaders or Pat in Montgomery. profession. It goes without saying that this sect ion, to see what is going on in By the rime this article appears in Walter Byars . as well as the rest or us other par ts or the countr y and to try to The A la/xwu, uwiyer, the Alabama associated with the Alabama State chann el our efforts along simila r lines You th Legislatur e/Judicial Program Bar. is proud of his profess ion. We if the circumstances warra nt it. Charles sho uld be just around the corne r. (Co,r/urunl u,r ptlJ..'t' 55) James Anderson in Montgomery has been on this commit tee for severa l years.a nd he ha s become a rea l profes BEA BUDDY siona l at this particu lar project. This With the number ol new attorneys increasing and the ~ year we hope lo make this r,articular number of jobs decreasing, more and more attorneys :; l program bigger than ever by encourag are going into practice on their own and miss the bene· ff"., , .._ ing more part icipatio n from the young fit of the counseling or more experieiwed practitionets. \ r/f_... The Alabama State Bar Committee on Loeal Bar f \.~ _, • -~ people throughout the state . We also Activities and Services is sponsoring a "Buddy Pro- ,., f ~ ~ hope to obtai n a grant from the Ameri· gram" to provide newer bar members a fellow- _, , ' ~ can Bar Association . Young Lawyers ' lawyer they may consult if they confront a problem, • l.i 1 Division, to use in this particu lar proj ect , if not for this year, at least for the the courthouse. · • ...); • 1 coming year. If any of you would like to Ii you are a lalA!Yerwho has recently begun a praetice !.Ir !i/tiI I assis t in t his project in your local area. and wo<1ldlike to meet a lawyer in your .irea to call on I ~ II please conLacLeit her me or James An· occasionally for a han~. or if you are lhe more expe- -.11" 4» derso n. Either of us will be happy to rienced practitioner wifh valuable in[ormatiOnand advice ass ist you in gett ing the project started you're willing lo share, please-complete and return the form below. Your partic in your partiwl ar area. ipation in this pr0gram will certainly benefit lhe bar as a whole. Law Week will be upon us in the ~------. very near future. As you know. Law Local Bar Activities and Servi ces Week was estab lished asan outgrowt h Budd y Program Application of Law Day which in turn was estab· lished as a response to the Communist countrie s' celebration of May Day. A Firm Name (if applicab le) ------number of activ ities can be planned for a Community Law Week, inclucling Address ------suc h things as law symposiums. speak ers to various civic clubs and school City ------State ------Zip - ---- groups. law fairs to provide free legal Telephone ------services to different portions or the population and many others. Lynn 0 Newlawyec D E> l(i Jt111uary JY&'i The Pirst c';lbner1caI/, §JP)iirriii Serving the Legal Profession SINCE 1889 he lirm known wduy u, f'iN Santa Anu. Cnllfornin. buck in dcdicmlon and a11i1udc 1hat ,c 1, TAmerican Tit le ln,urancc the 1900·, 1h1, indcpcndem 1i1le compa ny Company was alrcucly over u apart rrom :dI 1hc 01hcrs. Toclay we urc 1hc nuuon·s third clcc,1clc olcl when 1hc door-. largcs11i1lc 111,urer. working e hu\'C lhc First American opened on the big. red ,und,ione nalion -widc w11h the legal pro W Spirit nnd we're ready 10 Orange Coun1y Courthou,c in fession and \Crvrngwi1h a ,~'Cial a,,i,t you! 7he First American 0 0 JP)11lf 11lC First American Title Insurance Company STATEOFF ICE: 1529FOURTH ST.. NEW ORLEANS . 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Birmingham Sponsoredby: BirminghamBar Association Credits:3.2 22 friday Cost: $20/members: $ZS/nonmembers HOWTO ADMINISTERESTATES IN 1-2 ALABAMA MIDYEARMEETING CivicCenter. Montgomery Birmingham-JeffersonCMc Center Sponsoredby: AlabamaState Bar Sponsoredby: Alabamal nstiMe for CLE Credits:2.0 Cost: IncludedIn registration For lnformatioo:(205) 34&6230 fee For Information:(205) 269-1515 RECENTDEVELOPMENTS IN THE LAW 29 -30 FORTHE OENERAL PRACT ITIONER PERSONALINJURY: PREPARATION AND First AlabamaBank. Birmingham 1-3 TRIAL Sponsoredby: BirminghamBar Associatlon CRIMINAL DEFENSEAND PROSECUTION MaisonDupuy . New Orleans Credits:3 .2 Vista International. Washington Sponsoredby: cambridgeCourses Cost:$20/members : S25/nonmembers Sponsoredby: AmericanBar Association Credits: 12.0 Cost:$355 For Information:(205) 251-8006 For Information:(312) 988-5000 For Information:(415) 331-5374 • Sexual Abuse • A ,._.Conspiracyd of Silence by Judge .Mark Kennedy l4·year-old female child was would be left wilh this man:· Only will be molested this year. Few offend· found wandering nude and now. after years of therapy, does Su ers will be reported, fewer will be A dazeda long a highway. He had sanne realize she was not responsible prosecuted and fewer st.ill of the vie· tied her hands behind her, ripped off for her abuse. tims will be reached. Millions of Lo· her clothing and sexually abused her. In l983, the National Survey of the day's adults arc the sexually abused Later while still bound.her arms were Incidenceand Severity of Child Abuse victims or the past. The University of severedbelow theelbowswit ha hatchet and Neglect found there were 44,700 New Hampshire reported in a recent hcloreshe was discarded in a culverL reported cases of children who were study 19percent of all Americanwomen The 12-year-old was but a child her victims or some form of sexual exploi· and nine percent of all American men self when she began suffering from tation. The survey noted its findings were sexually victimized as children. morning sickness in her third month were basedon conservative research and possibly as man)' as two LO five of pregnancy. She and her 14-year-old procedures and in all probability was million women have had incestuous sister had had a loverfor four years - only reflective of 1.he ··1.ip of I.he relationships. their father. iceberg:· The sexual exploitation of children In Jordan. Minnesota, 16adults cur· Various researchers estimate as is nol an invention of twentielh cen rcntly arc under im,es1igationfor con many as 500,000 American children tury man. Our history is replete with ducting a sex ring in which more 1.han two dozenchild ren were sexually mol ested. Eigl1Lof I ltc suspectsa re women. The smell of freshly mown hay or the scent of a certain cologne brings on gruesome flashbacks for Susanne : how her stepfather had forced her to have sex with him at their rural (arm. JudgeMark Ke1111edyS jo,ulftry 19&5 the prac1icesor socielies past in ways tion into sexual experience argued for zational meeting in Wales in 1977. we now can identify as sexually abu the prolongingof innocence as rhe key They have, as their primary goal, the sive. The funher a practice reaches 10mature strength. establishment of the rights or adults to back into primitive lime for its origin, The viles1feature of the whole Vic use "consenting" children for sexual the moreuniversal becomesits e.xtenl. torian scene was the "Victorian Un· adventure. Early man introducedrituals of rites derworld" where child prostitutes and Our society ha.s clung to the se.xual of passage to secure full life and to widespread distribution of sexual appetite of early man for the young, escape from evil.Th rough sexual acts material, including the new an form, but through centuries of evolutionary and mutilations. pubescent children photography,abounded. It was an age change in our moral concepts and symbolically died, were reborn and or the loveo r Iiul e girls, the Lolitasyn ideals, whai was once an exercise, elevated 10 new states of being. It was drome. LewisCarro ll wrote, "I confess however perverted, in man's struggle in search or this higher pJane of im I clo not admire naked boys. They al for perfection. has now becomea rou mortality and triumph over theextinc ways seem to me to need clothes - tine perversion that paints to one's Liono f the bodythat infants were sub whereasone hardlysees why the lovely weakness raiher than strength. Sex jected to circumcision: subincisions; forms of girls should ever be covered ual abuse now represents the bank neck rings; lip plugs; lorn flesh, joinLS up." rup1cy of talent rather than the quin- and muscles. In 1912, Kraft Ebing identified the 1essenceo f it. Aristotle reminded us to never con term "pedophilia erotica" as being Sexual abuse is less likely to corre fuse love with sexual passion. Sexual "adult behavior that manifests erotic late to povertythan other forms of vio activity among the ancients had, at sexual desire for children." lent acts commilled uponchi ldren. It is best a tenuous connection with love equally prevalent in middleand upper and friendship. class homes and remains one of the mostund erreportedforms of child mal· Boy-love among the Greeks, accord· treatment, the impact of which is not ing to Pla10, aimedat the improvement apparent for many years. Familymem of the belovedyouth. It was a journey bers, who often a re the only people towards spiritual perfection and im aware of the incidents, frequently are mortality. Through sexual acts with ''The Reue Guyon Socie ty of hesitant to report for fear of socialcen adolescent males. man projected the Califoruia , which boasts of sure, public scrutiny, possibleremoval living image of his immortal soul into 01,er 9,000 in membership , of the familybr eadwinner and the fact the spirit or the youth. Plutarch ex that at the time there may appear no plained Roman boys wore a gold ball Ju,s as ils 11101/0: 'S ex before 8 or el~e it 's loo late.' ·• tangiblephysical harm . Childrenthem around their neck when they were selves may not report incidents of sex very young so men could tell which ual abuse because or ignorance,fear of ones were available when they en· reprisal, fear they will be blamed or countered the adolescentsin the nude. guilt over any physical pleasure they The 0-drk and Middle Ages of Eu may have experienced. rope found widespread mass persecu Cases are often discoveredin accid· tions. Innumerable children were ental ways: A day-care worker finds a burned at the stake as heretics for any The past two generations have seen 4-year-old trying to have oral sex with form of overi sexuality or se.xualfan an increase in child pornography,the a playmate. A school nurse traces a lasy. ll was a time when man felt com use of children in a variety of sordid rirstgrader's painful itch to gonorrhea. pelled to st ruggle !or dominance over sexual activities and the stressing of A neighbor sees a little girl playing his own animal instincts and nature. incest and pedo1>hiliain the mass mar· suggestive games with a doll. Renaissance man considered prosti- keting of sex. Today children are being identified 1u1ion involving children socially ac The Rene Guyon Societyof Califor who experience a response much like ceptableand highly pleasurable. nia, which boasts of over 9,000 in the pos1-trauma1icst ress disorder af. In "Venusa nd Adonis."Shakespeare membership, has as its motto: "Sex nicting some war veterans: They have wrole: before8 or else it's too late." Its prim severe nightmares and becomeh yster· "Who plucks the bud beforeone ary aim is to reduce or eliminate the ical in situations reminding them of leaf put forih? age of consent for sexual activity and the assault. Often it is not the nature of H springing things be any jot to encourageear ly sexual initiation of the ,•iolation that controls the inten diminish'd, children so as 10expand and mature sity oCthe child's delayedreaction , but They wither in their prime, prove the "whole being." A requirement for rather the degree of coercionused by nothing worth , .. membership is a sworn affidavit the the perpe1rator. The long-term prog To grow unto himself was his prospective member has deflowered nosis for sexually induced post-trau· desire." a child under the age of eight (male or matic stress is usually dim if one ex female). The International Pedophilic pects full and complete recovery. This powerfulprotest of early initia- Information Exchangeheld its organi- Tit" Aloban1tJ1-Au')'l' r 31 ters. but frequently are lost in the high case loods or the courts and probation staffs ... We are not reaching the root of the problem through coun ordered counsehng."'remarked a probation of· Cicer."'As soon as they figure out what we want to hear. they sing likecanar· ies until their time is up. then they fly right back to their nest. .. One victimized child was heard to remark as she and her mother left the cour1roo111afte r the conviction of her rather for sexual abuse. ''What do we do now?"T he answer 10that poignant ques1ionis unclear. ··Prosecutionor the threat of prose Using anatomicall y correct dolls. Pr ovide nce Ur><:hur ch.1\1.S., coun,;;,,ls young cution is impcralIve for any changes to victims of sex ual abu se at th e Montg om.-ry Arca Fnnlily Violence Program' s occur," remarks Karen Sellers. adirec· Sunshfoe C..nwr . She is also a frequcnt Sf>Cllkcron nbu~c for clvicorgnnizatio ns. tor or an abuse center. ··1cforces them If identifying a victim seems diffi. f>·likeaduhs. lf all they can do is show. 10 racethe dysfunction of the family cull. prosecuting the offender often that should be enough." roles and 10 confront the problem:· seems impossible.Children frequently Both womenand children long have The goal in addressing the sexually arc hesitant 10l CSLifyagainst a parent lx-'enstigmatized when it comes to abusive parent depends on the com· or loved one. If they do. Lheyusually theircredibili1yin sexual assault cases. munity's altitude. "Lf the main pur· are met wi1h vehement denial - and Recogniiably,chil dren have at times pose is for punishment. the task be the system all 100often finds it diffi· invented stories of sexual misconduct comes easy. However. if we are at· cult to take the word or a child over for a variety of reasons. More often. tempting, as a short·lerm goal, lo pre that of an adult. however. children are retracting true serve the family, and as a long-term In many cases of prosecution. the facts as being false when placed under goal to break the cycle. the processbe child can expect another assault in the coercion by family members and per· comes extremely convoluted."Se llers courtroom. In a growing number of pelrmors. Trained sexual abuse coun said. courts. however, children are being selors argut fantasy can be separated What is I he answer 10the problem heard and believed.The right of child from fact by listeningtot he allegations we now have the courage10 face? First. ren 10 testify before a court has long of the ,•ictim.··vou don't e.xpocta child we must recognizea sexually permis· been rCCQgnizedin our system, pr& undertheageoffive to understand the sive societywhich lacks a humanistic. vided the court is satisfied the child as physicalaspects of sexual intercourse:· caring orientation contnl>utes 10 the a witness knows the difference be explainedone counselor. ··when a child dl'Jectiveva lue system presently being tween right and wrong and is capable tells you that her mothers boyfriend developedin some individuals.Second. of self-expression.Many legal profes· put his thing in her and pee-peed, you children must learn they as individu sionals are realizing there is no valid can bet money t.hot it is no fairy tale:· als have ccr1ain rights. one of which is correlation between trut hfulness and There is a divergence in both philo· to be left alone. Third. parents must age and have become innovative in sophy and 1iraclice in the handling of protect I heir young from vulnerability their aµr>roach1oacco 111modatingchild the convicted abuser. The hard-line through open and honest communica witnesses as they face the accused. approach calls for stiff penalties and tions, ond by addressing sexual dys One child was allowed to testify incarceration. Al the other end of the function. ir present within the family. from a social worker·s lap. while spectrum is straight probation and a Fourth.communitiesmust support and another terrified child preferred sit· slap on the wrist. A convicted sex of· encourage sex education in an aLmOS· ting under the prosecution table. The fender.referred 1oas a "diddler"'in the phere of human caring and commit· use of pretapedvideo testimony during prisoncommunity, is likely to bebeaten. ment including not only facts on re which the child is questioned by the raped or killed by fellowinmates who productivebiology. but informationon slate and the defense ,s becomingin· relegate the offender 10 "fair game·· human sexualuyand ps)'chologicaland creasingly popular.Many courtS allow status m the penitentiary community. intra-family issues. Fifth, we all must the use of anatomically correct dolls Most systemsdo not offer counseling recognizepedophilia is a very serious for demonstration by the child, while for sex offenders and view them as a 1hrcat to our children and 10ourselves others allow the child to draw a picture parial1who requires special treatment as well. Community-based networks story to explain what occurred. One and protection. must be established to fully utilize child advocate remarked, "'Weha ve lO Probated defendants often are re skills and resources to protect Lhechild quit pretending Lhatkids have to testi· ferred to counseling or treatment cen- rrom victimization and to return those who arc vk1imizedto a happ)".h\!alt h) ' and produ,th·e childhood. The prkc 1heindi,·idual and societr pars relaih·e to the long-rangereturns or sexual abuse is siaggering. Bos1on llniwrsi1y's Center for Law andl I ealth Sciences reports sexual abuse is a pl'e· disposing condi1ion to delinquency in Prevention: A New some )'OUI h. an expression or rage at their maltreatment. In their survey or J::;()adjudica 1ed delinquents (99 boys and 51 girls). 66 percent had a his1ory of severe ph)0Sical and sexual abuse. Legislative Approach The mean ageof onset was seven years. Fifieen pcrcem of the sexually abused you1hs, bo1h male and female, were involv~"Clin pros1i1ution. Sexually abused children generally are denied a normal childhood. A sig, nilicant result of sexual abuse is it ar· by res is 1heemotional development oft he Senator Gary Aldridge young. Psychosexual maturation is grea1ly affected, which in 1um sets Child abuse legislation has been In Lhe 1983 Regular Session, two intomo11onmulti1udeso! factors which commonplacein Alabamaover !he pas1 com1>anionpieces of legisla1ionwere generally lead to maladaptive beha,·· 1wodecades. The focus primarily has enacted 10provide a tandem vehiclefor ior. Such behavior ma)' manifest ilselr been on mandatory repon i ng legisla· the develo1>ment or preventive pro through phobias, promiscuity, self· lion and defining appropriate criminal grams. Act No. 83-735es tablishes the mutilation. drug dependency, deprcs· laws. Recenily, however. the Alabama funding mechanism for 1he creation or sion, schizophrenia or even motor pa· Legislature embarked on an innova pl'cventivc programs by esiablishing ralysis. Maving experienced dcgrada· tive approach to the maltreatment of The Children's T rust Fund. This fund tion in their youth. they may act out children - PREVENTION.Adoption is administered by Lhe Child Abuse !heir learned behavior against their of The Children's Trusl Fund and the and Ncglec1Preveniion Board, which own children or against socie1y in Child Abuse and Neglect Prevention 1sgiven broad implementation Powers general. Act(toge1herdesigna1cd ..The Manin for establishing preven1iveprograms Like the ripple effect of a pebble Aldridge Act") is a significant s1a1e by Ac1No. 83,736. The combined pur· dropped in a pond,the sexual exploila, ment of publicpolicy for the 1>rotection poses thetwoacLsarc to providefor the tion ora child spreads until iLa ffec1s of Alabama's children. Alabama has planned estab lish men t of loca l the whole community in some way, distinguished hself as a leader in the councils and prevention programs and The child himself grows into adult· search for solutions 101hemos t alarm· lo insure the necessary (uncling for hooda nd parenthood perpetuating the ing societal problem in America. these programs. T his arlicle will first cycle. by being mecamorphosedfrom abused to abuser. The child becomes iomorrow'sdelinquentorcriminal. I lis potenual and talent that could ha,•e beenoffered 10 the community are los1. The very vitality of his communit)' is challengedwhe n he is sexually mtiimed or dcs1royed. Our human capital, as well as 1he Alabtmw Sena/or C,'myL. 11ldridge , n I 97711rnd11, simple dignity of man, is al stake. We ale of //,~ U11i11t•rsily of 11/abtmwSt·ltool 1J/ law, must ask ourselves why we. as the praclices lllw i11/'kct1/ur. Alalxmw. lie prrsc11lly lords of the animal kingdom. subject servesas cltair111011u/ oot/1 tltc Se11alrI/ml/It Com· our young to sexual perversions while mil/cc and /Irr l..eyisloli,,,.Task l"oru 011Child the lesser speciestake such meticulous .4bus,,n11d .\'cg/eel. cart>of 1heiryoung. Children. in their innocenceand unrestrained affections, deserve better. Our conspiracy of si• lence has become1h e ultimate crime of mun - the iiltimaie betrayal. 0 .~1 the state menial health officer. the izes more than 200 volunteers in im· discuss The Children's Trust Fund state health officer. the state superin· plementing a series of preventive and legislation and then purview the Child tendent of education and the director trea tment programs. Its lhree-tier Abuse and Neglect Prevemion Act. of publicsafety or I heir desigoeesshall school program is recognizedas a na· serve on the board. In addition. the tional model.Third grade students re Th e Childr en's Tru s t Fund governor is empowered to appoint one ceive classes on the prevention of sex The Children's Trust Fund was publicmember fromeach congressional ual abuse. Fifth grade students are in· created al a time when Alabama was district and two members from the structed on problem solving and han· in a grave financial posture. Revenue stale-al·large. From this group of pub dling peer pressure. A seventh grade raising measures were being passed to lic board members, the governor is en· pro.1,.,.amfocuses on adolescent preg· allow the state to meet its most essen· tilled to appoint a chairperson. nancy prevenl ion along with classes Lialservices. C learly the revenues were designed lo promote interfamily rela· not available to undertake a new pro· tionships. gram, irrespective of the need and In addition to the instructional pro meril ofthal program. Hence, the trust "A labama ha.~ mad e grellt grams nl the elementary and middle fund was established in a creative and school level, PACT provides parenting innovative manner; it is funded from a strides by pal ssage of egisla classes for parents who have been voluntary check,off on the state in· lio11 that e11coura ges and Identified as high-risk parents. Pre come tax return . Beginning with the f 1111ds prere11lil'e program s natal classes instruct the mother-to-be 1983 tax year. the Alabama taxpayer al /he local level.•· on labor. delivery and child develop may designate S2on an individual re ment. Every new mother in Morgan tum and $4 on a joint return to be County receives a visit from a PACT credited to The Children·s Tru st Fund. volunteer and is given information on No state revenue will be used in the child development.R ecently, PACTini The board is required to develop a program. tialed a program for children who take state plan for the distr ibution of the The trust fund legislation targets care of themselves because of working funds in The Children's Trust Fund. ultimate accumulation of $10,000,000. parents, emphasizing safety and in The act provides that the plan shall Preventive programs will be funded struction on self care. Also, PACT assure equal opportunity for the estab from the earnings of the trust fund. serves as a clearinghouse on all types lishment of preventive programs in all with the principal remaining intact. of information relating lo abuse, neg geographic areas of lhe state. The However. until the $10,000,000target lect and sexual exploitation of children. board is further required to coordinate is achieved, no morel han 50 percent of PACT serves as a model for the local the establishment of localco uncils and the amount of the fund can be used for councils to be established under the prevention programs. administrotive expenses and funding Martin-Aldridge AcL With the ever· The act contemplates that local of preventive programs. increasing attention being given to councils shall have the primary pur· The languageof the trust fund act is child abuse and neglect, emphasis on pose for I he development and facilita· sufficiently broad to allow the Child preventive programs will increase. tion of collaborath•ecomm unity pre Abuse and Neglect Prevention Board a Alabama has made great strides by vention program. A local council seek· considerable leeway in developingpro passage of legislation that encourages ing funds from the state board must grams in conjunction with the local and funds preventive programs at the demonstrate an ability "to providepr e councils. Essentially. lhe funds are 10 local level. vention programmode ls and consulta· be used to provide education and in· tion organizations and communities formation; to create public awareness regarding prevention program devel· Conclu sion regarding child abuse and neglect; Lo opment and maintenance." In addi· As maner of policy,Alabama now encourage professional persons and a tion, the local council must provide recognizes the need for a preventive groups to recognize and deal with matching funds or in-kind services of approach to child abuse and neglect. abuse and neglect; and lo encourage 50 percent of the amount of the trust The Children's Trust Fund Act and the development of community pre fund money received.The local coun· the Child Abuse and Neglect Preven· ventive programs. cilsare providedthe incentiveandguid· tion Act provide the funding and the anee to developand implement preven structure to establish a network of lo Child Ab u se and tive programs suitable for their geo cal preventive programs, but much Pr eve nti o n Act graphic areas. remains to be done. Public awareness Act No. 83,736establis hes the state Examplesof th e preventiveprograms of the check-off contribution is indis Child Abuse and Neglect Prevention envisionedby Ih e legislation have been pensable. Alabama has the opportun· Board as an autonomous a_gencyof developed and implemented by Par· ity lO become a leader in effectively state government. The act provides ents and Children Together , Inc. addressing a problem proving to be that I he commissioner of the state De· (PACT) of Decntur. Alabama. PACT more widespread than previously im· 1>artment of Pensions and Security, was established in 1978and now util· agincd. 0 ;J,I Ja11uaryl!td.5 Child Abuse and the Juvenile Courts by Jud ge Sa ndrn H. Ross he news thai Alabamian s arc need ror Alabama attorneys to become proceed. Ruic 13, Alabama Rules of abus.ing and neglecting their more familiar with the unique proce Juvenile Proci!dure. T children in record numbers dure and law or the juvenile court At the time the petition is med.1he has become hard 10 ignore. In Ala· system. juveni le judge may issue a protl!CIive bama. during fiscal year 1984,the Ala Pursuani to §12-15-30(1) Ala. Code pick-up order for the child without no bama Departm crn or Pens ions and Se· 1975, the juvenile court s or Alabama Licet o t he par1 ics, if it is determined curit y(DPS) received 28.407c hild abuse have cxclu siveo riginal jurisdict ion over From the availab le information the reports , a number approximately t wen· proceed1ngs involving dependent child· c.hild should be immediately removed ty percent higher than that reported in ren, 1hose who are abused. neglected or from his environment. This pick-up 1983. in other ways dependent upon the order may be endorsed on the sum· Society curr ent ly is addr essing the state for their care or supervision. mons or may be entered by separate child abuse issue from t he four per· Once an abuse report is made to order before service of the summons. If spccl ives or prevention. treatment or DPS. through ma ndat ory report ing as a child is removed from his residence families. protection or children and requ ired by §26-14-1Ala . Code1 975,or and placed in the custody of DPS prior prosecution or abusers. or thefour. thc by any 01her means, the agency is re 10 a hearing, then the court must con· protection of children and the prosecu· quired to mvestigate to determine if duct a shelter care hearing within 72 tion of their abusers mos1 concern the court interven tion is necessary. II it is hours of the child's removal, weekends allorneys and judges of this stale. determ ined the welfare or the child re and holidays included, to determine if While t he inhcrclll problems or the quir es 1h e court to be involved. then a continued care is required. §12-l5,60(a). success ful prOS<.'Cutionof child abusers complaint is filed with the court' s Parent s, guardians or custodians must are drawing considerable pubhc ,men juveni le intake officer who, in turn. be notified oft he date, time and place of tion. it is nc"ertheless a fact that a may file a petition alleging the child in the hearing. as well as of their right to rela1ively small number of reported question is dependent and in need of cou nsel. If parenls are found to be in· childabusecasesaresu itable for 1>rose the care or supervision of the court. digeni, t he court then must appoint cuLion in the aclulL criminal justice T his pet iLion may besigned by anyon e counse l to repr esent them at this and system. In the meantime, the juvenile having know ledge of the facts, but is all stages of the proceedings. The court courts of Alabama are addressing the often signed by a representative of also must appoint an auorney 10serve problems or the children and family DPS, thereby making that agency a as guardian ad lit em forthe child. §12- members in every abuse case deemed party to the case. After the petition is 15-63(b). All relevan1 evidence is ad· appropriate for any degree of court in· filed, lhe intake officer must issue a missible al a sheller care hearing lervention . Th e caseloads or the juvc· summ ons 10the child to appear, if hcor whet her or not competent at a hearing nilc court s have become heavier wit h s he is 12 or more years of age, and to on the merit s of the petition. 1he increase in reported abuse. Many the parents, guardian or custodian or §12·15-60{d). attorneys. often court-appointed and thechild. The summons must beserved The law strongly favors the release witho ut experienceindeali ng with the on a party at least 24 hours before a of children to their parents and directs juvenile system and families in gen· heari ng, but the inability to serve does court s 1oreturn them unless one of the era !, are entering the field. Th ere is a noL deprive the cou rl of the right to following situat ions is proved by clear and conv incing evidence at the s heller question prese nted, includ ing ora l and adoption. In Alabama. the average ca.re hearing: written reports, may be received into lengt h of stay for a child in foster care evidenceeven though not competent al is now 2.3 years, and administrative I. The child has no suitable parent. guardian or other suitable person a hear ing on the petition. In Kelly v. rul es of DPS and recomm ended court able and willing to provide supervi State Department of Pe11sio11s }ll1t11ary J!JSS The DA as a Mobilizer • by Distri ct Auomey Rohen E. Cromer, Jr. ur nation currently is expe tive coordinated help, many children families. Treatment resources are ricncingan "epidemic"number continue lo be abused. havingthequal limited. Orten. th~ protective service Oorreports ofchil d sexual abuse. ity of their entire lives affected.suffer· workc.r will se<>ka court p11ritionto Studies (which vary) indicate one in ing lasting emotional injury and some change custody of the child-victim. ten men and one in rive women have times becoming abusers themselves. This involves the child as a potential been sexually abused as children. It is The following scenario for child witness in this custody p11ritio;,and accepted widely the reported casesre sexual abuse investigation is probably will requirea n auomey ~obe appointed flect only a fraction of the actual enacted on a daily basis in every state to represent the chil(I (guardian ad Ii· number of cases. in the United States: tern). Agllin.1hcch1ldand familybave Few communities have child sexual Achild con Cides 10some Lrustedper· 101meractwith additional "strangers" abuse "intervention" programs. Cases son outside the family (perhaps a to be interviewed concerning the re or child sexual abuse are reponed to teacher) h~ or she is bcing sexuall)' ported child sexual abuse. child ptOl~tive S,;involved lack basic understand , into contact with children who may agency. An in lake worker from the lo ing ab(1ut the phenomenon of child have been abused are confused about ca I child protect1v e service agency vis, sexual abuse and refuse lo accept re, Lhe process for reporting and the its the home and confronts the parent sponsibility lo increase their· knowl· follow,up on reported cases of child with the child'~ complaint of sexual edge or skills. Without a coordinated sexual abuse. Consistent agency ac· abuse. A law enforcement representa· communily agency approach to report lion and inleragency referral have been 1ive and/or prott>ctivcserv ice worker ed cases or child sexuaJ abuse-,many hampered by the fact agenciesandpro will interview the offender and any offenders will escapeproper scrutiny fessionals often do not communicate, ol.her witnCSS(.~.The child protective becau,,, the victims are not able lo much less cooperate. in their clforis to service workers Mrmally will refer the survive the system, Cons..--quently.1he provide service for victims of child child toa physician fora medicalexam communil)' must unite and. react to sexual abuse.Many agencies S service workers. Every month, repre The task force includedrepresenta holes previously existing. However. sentatives from my officeme t with the tives from medical. I reatment, nurs· there were many awkward moments protective service workers to review ing, education. prosecution, protective as the task forcedeveloped . At certain specificcases of child abuse. Al these service and law enforcementfacilities, Limes,the task force ended up taking sessions. we were able to advise the and daycare and community agency positionsconnicting wtt h agency poli protectiveservice workers about court· representatives and volunteers. The cies. Some participants felt "threat· room testimony. the elements of crim· task force met at least twice a month ened" by policyand goal development inal offenses. proper documentation and initially was broken down into of the task force,but the agencies most and when to refer to law criforcemenl. subcommittees that included: treat· affected by the processes involved in During 1981. we began reviewing ment, intervention. iden1ifi cation and reported cases of child sexual abuse childsex ual abuse cases.Sudden l}•. we prevention. Each su bcommineecame continued to work together in the t-ask were faced with an overwhelming in up with different goals and recom force. crease of such cases. After a year. we mendations. For instance, the inter In August 1984, the Intervention found 25-l(l'l!, of the abuse cases re ventionSubcommittee developed as its Commiueeofthe task forceproposed a viewed involved child sexual abuse. goals a manual on child sexual abuse program for thecommunitycalled the Alarmingly. over the next few years. to be distributed to teachers. nurses Children's Advocacy Center. Duri ng most of the abuse reviewed was child and others, and a proposedsympos ium the August meeting of the Lask force,I sexual abuse. Law enforcement was or workshopon child sexual abuse. narrated a "reenactmen1" or an actual added to this team review in 1983.Also The primary importanceor the task case or child sexual abuse. This case in 1983,the team review sessions were force was to bring agency representa involved a 12-year-oldgirl who had increasedand now arc conductedtwice tives together to discuss a problem disclosed to her grandmother she monthly. Presently, during our review 1hey had in common. Most agencies had been sexually abused by her step sessions, the team decides whet her a and representaiives in the task force father and father for as long as she case is lo be referred for criminal had "hands-on" involvement in report· could remember. The grandmother sat prosecution. for therapy or for further cd cases of child sexual abuse. How· up all night with the child and heard development and follow-up review. ever. many did not know one another. the "dreaded"story. The follo,vingday Specialized forms are used for this re The DPS protective service workers the grandmother went to the policede view allowingeach agency to detail all often were referringchildren and fami· partmentand thereafterwas "bounced" follow,upprocedures. lies to therapy without knowledgeof from agency to agent}'· The child was Asa parallel to the prosecution/OPS/ law enforcement team review.o ur com munity formed a Child Sexual Abuse Task Force in 1983. Because of the alar ming number of child sexual abuse cases reviewed at the team review meetings, we felt a need to alert and anform other professionalsand agency Rooort£ . Cm111er.Jr..gradtl(l/r/rom lltc V11i1>em/J representatives about what was OC· of A/11/x111111/...ow Sc /t()()/ill 1972. lie 1t'Osclcclc1/ curring in their community. Represen i1/(ldiso11Cmmly district allur,wy i11 1!180 (111/f tatives Crom DPS and my office ap ltelpcd m'/{(111iuth e Childm1 s 1tdvoc(lcyCc ular peared before our county child abuse (formaly t/11 J9 recognized the interview ing process However, experts in our community join them. Agencies need to permit a and techniques are critical in cases of now believe ch ildre n are more credible small num ber of inte rested staff 10 child sex ual abuse. Another primary witnesses than adulls. especially when concent rate their case experience. As benefit of the program will be l he it comes to sexual ab use. Young child cases are reviewed by these "hand s further development of such tech· ren do not lie about sexua l abuse be on" people. interagency cooperation niques, processes and follow-up. Proper cause it is not within their realm of will improve. Tl will not happen over interv iewing of a child-victim can be experience. Children can be effective night, but il will happen. Critical re therapeut ic. The cente r"s sta ff and witnesses if they are adequate ly pre view is essential to improving case other agency participants will become pared. lf law enforcement and com management. Professiona ls also have specialized in t his process. The partic · munity professionals show a littlese n the responsibility i.Odesign and partic ipant s in the program will develop a sitiv ity,chi ldren can move through the ipate in education programs aimed at videotape interv iew guide which will crimina l justice syste m with a min increasing the ir know ledge about the st ress a commu nity approach to child imum of stress . problem of child sexua l abuse and im sexual abuse. This interview gu ide proving their intervention sk ills. will be availab le at the conclusion of We are developing model legislation Our children are our hidden assets: the program. ca lling for the abolition of competency it is time we stood up for them . D Local and national publicity about hearings and allowing videotapi ng of a child sexual ab use ha s prompted more ch ild' s test imony, rules of evidence al parents LO bring suspected cases before lowing for hearsay and expert wit nesses and backgrou nd checks for Child Sexua l Abuse will be the topic our commu nity professiona ls. Most of a. symposium February 20-22. L985. often, the dilemma facing a district at people who work near or with children. in Huntsv ille. Sponso red by the Child torney's office is that the child-victi ms, How to begin a commu nity approach Advocacy Unit of the Madison County some as young as three or four, are to child sexual abuse? Law enforce district attorney's office, the worksho 1is ofte n the only witnesses lo the crime. ment, prosecution, protective service are targeted for physicia ns. legislators, Preparing a child to testify in cour t is and othe r professional people in the judges, educators. therapists and any one of the most difficult things for any community who have direct contact others involved with and concerned prosecutor. T he criminal ju st ice sys wit h cases have to be willing to stick about this ever-growing Jlroblem. For more infom1ation. please con tem was desig ned for adults. ll is a out their necks. They need to begin to review their casestogether on a regu tact Ms. Leigh Johnson, coo.-dinator. sys tem tha t expects victims to un (205)532-3460. dergo numerous interv iews and court lar basis. and invite other disciplines to appea rances, that expects testimo ny to be ar ticulate and detailed and in whic h cross-examination often con fuses the coolest adult. The child in the courtToom poses new problems. Because the offenders Introduce often threaten harm to the child and family, sexually abused children may Yo11rClients not report incidents for months or years later . Chances for corroborati ng evi dence or effective prosecution a re to a therefore affected. T hese are the tough est cases in the criminal juSlice sys Valuable Service. tem. Very rarely do they find success ful solut ion; many cases reported to Refer th em ro Bu sines.5 Valu ati on Services for cxpc 1t deter police and protect ive service never min atio n of fuir marke t value of businesses , an d financia l make it far through the crimi nal jus analysis an d co nsultatio n in cases of: tice system. The first cases we took into the D Esta te planning D Bankrnptcy criminal justice syste m taught us many D Est ate scttl ement proceedings adults would like to believe children D Marital dissolutio ns D Merge rs or acqui siti ons make up these things . Adults do not D Recap itafu.ati ons D Bu y-seU agreement s want to confront the awful fact many D Emp loyee stock D D issident stockholder parents will sexually abuse the ir chil ownership plans suit s dren. Also, we, as a society. do not like to believe we would be willing to send Contact Dr . John H . Davi s ID , 60Commerce St., an adu lt to prison on the testimony of a Suit e 1018, P.O. Bo x 2310, M ontgomery , AL 36103 very young child.At heart, we really do (205) 26U7 51. not trust ch ildren. 10 }(111ltllf>' /!JH[j THE VERY BEST IN MEDICALMALPRACTICE CONSULTATION TECHNICAL ASSISTANCE BUREAU inviles a no-nonsense, side-by-side comparison of its program wi1hothers: Other ComJ?g_nies TechnicalAssi.st011ce Bureau Review of cases by non-specialists.profe.~ Revi.ew or cases conducted only by medl sional 1estiticrso r laymen cal board certified specialists matched to your particular requirements Unsignedrepons or repons prepared by an All reports prepared and signed by mtdi• anonymouscommi nee or unnt1mcd• "direc cal boardcertiJJ.td Sf'!.C ialists on their own tor·· on compony·s lenerhead lellerhead No 1cs1imonyor will '"try'" 10 foodan cxpcn Expert lestimony guaran teed by the same lo lCSlify Specialist who r eviews the Olein merilori ous cases Medicalconsuhants a1 a single locationora t Medical board certified specialists local grcal dis1:mcesfrom your office ed in all areaso r the Unlled Stales Anonymou,. 1cs1imonials Sa ti:,fled clients - your colleagues throu ghout the cou nt ry us r eferences '"Free case evaluation""- anonymoustwo / 11 depth cases tudy by medical board sentence rcpon of dubious value ce rtified specialist kno wn to and oppro ved by yo u for fair mmpensation Gimmick,.,gimmicks : surprisecontingency Complete disc/own of our reasonable fee rec. mandatorycontingency fee. exorbitant stru clur c and business terms upon in.itlnl and/or hidden fees. inquir y There ca11 be TIO other choice but TechnicalAssistance Bureau. NATIONWIDE (TOLL-FREENU MBER) 800-336-0190 v118111,o call 70)47 J-j02b MccruW1L 1ihlngton. DCc nll o17l~fi026 Culi(omh, c:111-l I S.982·3111 S"" Fr,rmco ni l !182·3 1l 1 Call today/or complete dt tails . ... TAB expens arc locmcdthroughout 1M Unilcd or write 10our AdministrativeHcndquaners States. From California 10M aine. Washing1011 P.O. Box 2908 • Reston, VA 22090 Florida and al/ poinis in between- we hove lh · ·I P.O. Box 8037 • San Francisco. CA 94128 medical experts avuilnblc. TECHNICALASS ISTANCEBUREAU hm nl'vcf oflen.-dib )C.l"Ykc~umll:r 11 n1 othern:. mc. atanylirnc . u11ywhcrcKn ow whc, )'nu'rcclc, 1111,11 \, . ~cent by J ohn M. Milling, Jr. and David B. Byrne, Jr. Recent Decision s of the In focusing the issue, Judge Harris sti ll admitted properly into evidence Alabama Court of noted the following cr itical facts: under the "good faith exception·· 10 t he Criminal Appeals "A defense auorney who had vo wan·ant requirement of the Fourth lunteered, al the court's request, to Amendment. Under those circum assist an unknown defendant strike sta nces, the exclusiona ry rule shou ld Fair trial . . . a jury late one afternoon. when the effec tive a ssist anc e of not be applied soas to barthe use in the tr ial was to begin the next morning, prosecution ·s case-in-chief evidence ob· coun se l and denia l of Brady could do Jillie more than request a continuance. This severe time limi tained by officers act ing in reaso nab le Simpso11u. Stale. ·8th Div. 23 (No- tation gave the defense attorney in reliance on a search warrant issued by vember 12. 1984).Thedefendant, Delon adequate time 10 gather facts. inter a detached and neutral magistrate but Simpson, was indicted , tr ied and con view ,vitnesses,engage i n pretrial ultima tely found to be invalid. See victed of se lling 14.2 grams of mari discovery. negotiate for a possible United Slates v. Leon, _ U.S. -, plea with the state. or research the j uana in violat ion of the Alabama Uni applicable law. There was precious 104 S.CL 3405. 3419-20 (1984). form Controlled Substa nces Acl. On little time to even review the court Judge Bowen cited thefollowingcrit· appeal. Simpson alleged he was denied file and discuss the case with the ical language from Leon: the right to effective assista nce of defendant." "In the ordinary case, an officer coun sel. cannot be expectedq to uestion the On October 31, 1983. Simpson ap Cour t of criminal appeal s magistrate's probable-cause deter· peared before the trial judge without adopts Leo11 mination or his judgment that the an attorney. He repeatedly informed form of the warrant is technically the court he could not afford to hirean Walker v. Stale, 4th Div. 341 (Oc sufficient.. .. Penalizing the officer tober 23. 1984). T he defendant was for the rnagist·rate's error. rather attorney; the tria l judge was equa lly than his own, cannot logicallycon · adamant in his opinion Simpson was convicted for the third degree bur glary tribute lo the deterrence of Fourth not indigent and ordered the defendant of a grocery near Circle. Alabama. On Amendmentviolations." to stand trial that afternoon. appeal , he argued the affidavit in sup Timothy Riley, a young attorney, port of the warrant autho rizing the searc h of his house was insuff icient Recent Decisio ns of the consented to the tr ial judge's request Supr eme Court of he assist Simpson in str ikingajury for and did not support a finding of proba· his trial. Riley had never met Simpson ble cause. T he search warrant was Alabam a-Civil nor was he fami liar with any of the issued by the Circuit Court of Jackson County, Florida. Specifically, the de Medical liabili ty . . . facts of his case. After striking a jury pati ent-doctor and late that afternoon, Simpson's trial fendant contended the affidavit was patient-hospital 1·elatio nship was to commence at 9:00 a.m. the fol· defective because the informant did lowing day. The next morning, Riley not state how he knew the stolen pro Tlzomasso11v. Diethelm, 1 8ABR4149 advised the court he had agreed to re perty was located in defendant's resi (September 28. 1984). This case pres present the defendant and made a mo dence. According ly, he argued the affi . ents the question of whet her sect ion tion for continuance in order to pre davit did not satisfy the "basis-of. 6-5-482. Ala. Code 1975. ap 1ilies to an pare for trial. The trial judge den ied knowledge" prong of the test estab action brought aga inst a physic ian by the motion and tria l proceeded. lished in Agruilarand Spinelli. a person who was not the physician's The court of cr iminal appeals re A unanimous court o{ appeals, rely· patient. Th e plaintiff, a respiratory versed. holding that t he tria l judge ing upon the rationa le of Illinois v. therap ist, contracted hepatitis while abused his discretion in not granting Gates, L03S.Ct.23 17(1973) and United treating a patie nt of the defendant/ the motion for continuance. Slates v. Leon, 1 04 S.Ct. 3405 (1984), doctor·s. The plaintiff claimed the doc· Judge Harris. writing for the major affir med the conviction. While the court tor negligently failed to warn her the ity, held: noted t he informa nt never stated how patient had he1>ati tis. and she sued he knew the stolen property was in "Tt is fundamental that counsel under sect ion 6-5-482 to take advan · must be given adequate time for defendant 's residence , the court held tage of t he two-year statute of limita· preparation." 'f110111pso11u. Stale. 444 when the search warrant was exe t ions. The plaintiff contended that So.2d 899 (Ala. Cr. App. 1984). cuted the sto len property obtained was since section 6-5·482(a) provides "all 43 acLions againsl phys icians" mus t be likely damag es from a frivolous appeal with the employer , and Lhe chan ge comme nced with in two years. this otl1er than loss of potentia l interest on would relate back whethe r or not the languag e is broad enough to include t he trial judgment. employee is living when the notice is actions by third persons, i.e., persons received. who are not pati ents. As a matter of law, the trial court Th e supreme court disagreed noting found the emp loyee had effected a when the entire sta tute is considered, Civil p1·oced u re ... motion not favor ed change of beneficiary even though Lhe parti cularly the section defining "med· employee never mailed or delivered the ical liability ," it is clear the legislatu re notice. Th e supreme court reversed, was addressi ng the liability of medical Wan-env. R(1sco,18 ABR 4237(Sep and followed the majority rule, stating profess ionals in the context of the tember 28, 1984). In this case. the su· premecourt succinct ly stated the limit the beneficia ry effectively may be pat ient-doctor and patient-hospital re changed if the insured "substa ntially lations hips. In th is case, the plainl if1 ed circu mstances under which a judg · complies" with the policy provisions was not a patient of t he defendant/doc· ment on the pleadings is cor rect. A mo providing for change. The sup reme tor's, and suil had lo bebrought within t ion for judgment on the pleadings is court explained "substant ial compli the one year permitted by section 6-2· designed to provoke a search of Lhe ance" mean s the insured determi ned 39, Ala. Co ~-1 Tort s • .. The I rwl court denied the morionfor "II has long been the law or this Alabama Power may have a mis1rialand ruled because the defense SJaicihal commentsupon ihe prob dut y to in~ia ll auto ma tic counsel had argued .. under a life-with· abiluy °' po. J7u, 1/11!,.11,u,I 1111·\'1 r fendam 'smother. The trial court had "(a) ObJrrl1u11sa11d Dcfr11,a made prior to trial but postponeduntil overruled the defense counsel's objec ll°hicJt.llu.,t /Jr fiai:>cd by Prdrial Mo the tnal uselL tion to the state's question along with lio11.Ob,ecuons b.1sed on defensesin the commcncementof the pnx:eed· The supreme court found proof of l his motion for mistrial because he de· ing or in the chnri;c.other 1han lack venue is necessary to sustain a convic fondant had pied not guilty by reason or subjoct maner jurisd iction or fail· tion but venue could be estabhshl'd by or insanity.and thederendant's mother urc lo charge on offense. may be circumstantial evidence.Howev er. that 1cs1iriedshe believed"he had a mental raised only by 1,re-trir1I motion made p1·01l0si1io n is limited by I he rule which in acrordunoewith 1'tn11iororyRule problem." 16.3:' states a conviction based on circum· The trial court's theory in overrul· stanlial evidencewill be upheld only if mg the defensecounsel's objectionwas Rule 16.3 or the Ala.R.Crim.P. pro Lheevidence is so strong and so cogent basedupon Nichols v. Slalr. 276 Ala. vides all pre-trial motions must be filed it establishes thedefendant'sguih /oa 209. 2 11. 160 So.2d619. 621 (196-1).ln in the circuit court at or before ar· mom/ cer/ai11ty.(Emphasis ours.) Nicllol.<.the supreme court held: raignment unless the court extends Finally. in reversing. Justice Mad· the Limefor filing such motions for "Where insanity is reliedupon as a dox critically notes: good dcfense every act or I heaccus..>d's lire cause. which Ihrows some light on Ruch The supreme court held Temporary "In a cna1inalcase. l)roofof venue issue is relevantI hereto:· Rule 16.4,Ala.R.Crim .P. permilled the is suflidcn1 if it c,m be ,·casonnbly trial court to defer ruling on the motion Inferredb y the jury rrom the mets In Lhiscase.thesupremecourt relied and circumstancesndduccd. Venue where the question of venue may be UtlOnthe decision of nc'ednot be established solely by di• Pilki11g/011v. Stall!. one of ract so entwined with Lhemerit s 46 Ala.App. 716. 248 So.2d 755 (Alo.· rt'Clevidence. Evidence from which of the decision should noL be it is inferable is sufficient." 0 Crim.App. 1971) in reversing the trial case a court. Specifically. 1he state failed 10 offCT any evidencethe defendant·s State of mind was theS/lmrat 1he1imcof 1hc priorco11viclio11as it was at I he time of Ever~&o~~'Yants the commission of the act in question. Without such evidence. the 1>l'iorcon· vic1ioni s noLadmiss ible. ToBe Creat1ve. Venue •. • A lo1ol people claim to be skilled1n pr oo f by circum st an tial lheleoslnO business.butwhen I mode ev idence o corelulTnspechon. lhere wosquite o CtOCk1n lhe loundolionl Creative F.xpa rte: State of Alabama(Nr:Jimmy Leoslng hos skillwflh over SOyeor.i £1(l LewiIv. StatoofAlabama} JS ABR 3973 experlence. And because I leased mycor , I saved enough money to (September 2 1, 1984).T he defendant treo l myself to some of life's little creative waij found guilty or Cirs1 degree rape p leasures. C1eollve Leasing con and was sentenced to lire imprison· custom design o pion to meal your leasing ment. The court or criminal appeals specific needs Including Hunl$vllle 536-3547 moinfenonce ond insurance . Thors luscolooso 34$od94 revers«! based upon the state's failure whveverv!XXIY wonts to be ete01ivel Montgome,y 264-8421 10 prove venue. The supreme court 00011119 leosing , 111,mtnghom 251-0137 granted certiorari to consider whether there \\o'3ssufficientcircumstantml evi· dence from which a jury could infer proper venue. The supreme court, lhroughJusticc Maddox, remanded the case 10 the' cour1 of criminal appeals in order to allow that court 10determine if there was sufficientcircumstantial evidence from which a jury could infer the par· 1iesei1herdid not. leave H ouston County or the crime was committed so closely to the county line jurisdiction could be m either county under §l5·2·7 of Ala. Code1975. Tcm1l0rary Rule 16.2, Ala.11.Crim.P.. provides in perlinent part as rollows: 16 AJ,ABAMA CODE OF ALABAMA ALABAMA REAL ESTATE HANDBOOK , FOURTH 24 hardbound and 2 softbound (Index) EDITION volumes, with 1984 cumula1ive pocket-parl By Robert L. McCurley and Penny A. Davis, suppl emen ts 1984 633 pages, hardbound ...... $55.00' ALABAMA CRIMINAL CODE By publisher's staff, 1984 ALABAMA RULES ANNOTATED Appx. 700 pages, softbound, replaced By publisher's staff, 1984 annually . , ...... $17.50' 1050pages, softbound, replaced annually .. . S27.50' ALABAMA ADVANCE ANNOTAT ION SERVICE ALABAMA TRUSTS ANO ESTATES Comp iled by publisher's staff, 1984-85 By publishet's staff, 1984 3 pamphlets per year ...... 5'15.oo• 860 pages, softbound ...... S17.50' FOR CUSTOMER SERVICE CONTACT: JAMES R. SHROYER• P.O. BOX 717 • PELHAM, ALABAMA 35U4 • (205) 326-9899 OR CALL TO LL-FREE 1-800-446-3410. "plus shipping, handling and sales tax where applicable TAKE A 1'otice of .Appointment of Bankruptcy J'u.dge Tl$ Judlcl.a.J OounoU of the 11th Judlcla.l 01r0Ult !nvtr.es ap_pllcat.lon from an,y LUXURY quallfled personfor appoin tm ent as a l\.ill-t!n\!I Uni ted Stat.as Ba.nkl'l.lptcy J udge !or the Northel'll DiStriat , Middle Dlstmate.nd Soutl\.ernDlstriatof Alabama.. If e.n appllca.ntW1shes to beoons!deredior one or more of the pros_pect.lveve.ca.ncles, a RESORT sops.rate appUce.tion J8 not necessary but e. letter mak1n8suoh taat(s ) known will be suffic)ent. 'l'he be.Sic jurisdictio n of the United States Bankruptcy Judge 1l! speotlled In to the Title 11 U.S.C. To be (!1Jlj,lifledfor appointment , anappllca.ntmust : WESTERN l , lle e. membe r In good sta.ndlng of the bar of the highest court, of at leas t one state or the District or Columbia ; CARIBBEAN 2. Have been engaged In the e.cttve.pre.ctlce ofl,e.wfor.e.per iod of at leas~llv e years (with some SUbStltut.lons e.uthorlzed) ; N ext Spring 3. Be competent to perlorm all the duties of the office; possess , and have a. repute.tlon for . Integrity e.rul good cbare.cter; possess , e.nd h&ve demon · stratea , Q commit.ment to equa.ljustlce under the law ; be of sound.mental and _pbYBl.c;,Jbee.Ith; possess , e.nd have demonstrated, outste.nding legal abllit;y and competence ; tndleate by th .. Jr demee.nor, characte r and.per sonallt,y-t.h&t they would exhibit Judicial temperament I! appointed; 4. Not be related.by blood orme.rriags to a.Judge of the United.states Court of Appeals for the 11th Clrouitor of the United States Dlst.rlct Court for the lforthero D:!Strlct, ~ D!strlct or Sout.hern D!sl;i,Jc£ of Alabama within the degrees specUled in Sect.Ion 458 of Tlfle 28, U.S. Code at the time o! iil:l tla.l appotnt.ment. AppUcatlonforms can be obt.alnedirom the clee1 l . Be a member In good ste.nd.l.n:gof the lilghest. court ofe. stAte for 11-tlea.st - five~ ; 'flJ'RDISEIJ'EIITERr 2. Have been engaged In thee.ct.lve pmcttce oflawfol' a period ofe.t least five You, l\lab tuna Cnw,e Profcuional s yea.rs; J Ull l L EE 'nt A VE L enLI I SE C:ENTEII 2:l N. St, ·tion Slrt'<'I 3. lle compet.ent to perforun all the duties of the office; be of good moral F;,irlu,pto, AL 3(i;,:J2 ohare.c.t.er: be emotionally sU!llle a;ud ma.ture ; be committed to eqUAI Justice under the law; be mgood heaJtli; be p_e.tJjln~e.ndcourteous; and be In Alabama Cull l-800~l68-SHLP cap@le of deliberation e.nd decisiveness: (2 05) !)28--'.!30() 4. 1le less IJJ.an_ 70 years old; e.nd ;\ ', 111h· ------1\ tlcln.~~ ------ 6. Not be rel~ to a judge of the dlstr-1ctcourt. . C:itv Sta h.•__ 'l.ip _ _ Pl-u~11l' ~11 111ht•r ------A Merit. Select.Ion Panel composed of e.ttomeys e.rul other members of the ALJI communlcy will rev!SW &U e.ppl!oa.nta and recommend tq the Judges of the d.l.stricl,co= in confidence the l!ve persons whom it coD.Sfde.rsbest qµa.Ufled. Ill /11111,ary /!18.i The coW't wtll make theappoinliilleD t. rouow1ng an FBl and ms ln Ye$tlgatlon of CLE Wrom ~ 2:11 the appo !n t.ee.Anafflrroatlva elfort will be made to o ve cluecon atdOMtlon to all qualil!ec:Icand idates, Inc luding women and membem or minori ty groups. The must. howe,·er,be earned by De sala.ry of I.heJ)()61 U0n Js 166.100 per annwn. cember 31 of Lhe n!porting year. App lt oa!Jon forms &ru1turt.har lnfarma t.!on on th e magJstrat.e l)()Slt1on ma.ybe (f'ormerR~lation 5.2is nowRegu ol>lalnec:Ifrom: lation5.3,) Jamos E. Ve.ndegr!lt A list of approved sponsors for 1985 Clerk. Unil.ec:ISlates D:tstrlot Coun. will be published in the March issue of Nortllern District of Ala.bama this journal. 104 federal Courthouse 1800 Flrol Avenue Nortb Blrm1ngha.m,Alabama 35203 Applloatlons must be SUbmlttad only by potent!BJ noml.noos personally and MCLE now in fifteen state s must be l'OOelvec:Ino later than February 16, 1966 . Kentucky and Vermont have become lll'otice the fourleemh and fif1een1h states 10 adopt minimum continuing education Em>otive November 29, 1984, Dlllc!plinary Rule 9-102 or t.ho Codeof Profes s1ona1 Respons1bu1i;yoft.heAJabama State1!ar ba8 beenamendec:l.byorderoft.J:le requirements for 1he continued com· supreme Co\lJ'l,of AlalJeJna, toreadas!ollows : petence of their bars. Kentucky's rules wem into effect DB. 9-108 pz_, •IJISIdent 49 Opinions of the General Counsel Willi am H . .Morrow , Jr . QUEST ION: his decision is Lobe gover ned by the same basic " When lh e att orn ey for the plain Liff nnd th e attor· considerations.h is not objectionablefor a law· ney for th e defe nd ant enc h ought to be ca lled as a yer who 1sa potentialwitness to bean ad\'ocatc if it isunhkelylha1 hevnll becalled asa witness w itn ess on behalf of hi s clie nt a nd none of th e excep · because his testimony would be merely cu· tioos of OR 5- l Ol(B) (1) thr ough (4 ) appl y, do the mulative.or 1£his testimonywill relate only 10 reas on s for th e rul e whi ch prevent s an a tt orne y an uncontested iS$uc. In the exceptionalsitun · from appearing in th e duo I rol es of wi tness and ad· tion where it will be manifestly unfair co the vocate ce a se to appl y or mu s t both all orn cys with diem for the lawyer10 refuseemployment or 10 draw from th e trial of the case?" withdraw when he will likelybe a witness on a contested1SSue. he may serveas advocateC\'en though he may be a witness. In making such ANS WE R: decision.he should determine the personal or Since neither the Ethical Considerations nor the Disci, financial sacrificeof the client that may result plinary Rules or the Code or Professional Responsib ility from his r,dusal of em1>ioymen1 or withdrnwnl make any exceptions to the prohibitions against nn attorney therefrom,the materialityol his testimony,and theeffectivenessof his representationin viewol acting in the dual roles of whncssand advocate even though his personal involvement. In weighing these the attorney for the plaintiff and the attorn ey for the de !actors, it .hould be clear that refusal or w11h· fendant engage in such dual roles. and since certain or the drawal will impose an unreasonablehardship reasons for the rules apply even in this "doub le negaLive" upon the client before the lawyer accepts or continues the employment. Wheret he question sit uation it would be improper for attorneys representing arises, doubts should be r(i$01vedin favor ol the adverse parties to act as both witnesses and advocates. lawyer tc~tifyingand agninst his becomingor continuingas an advocate." DISCUSSION: Although the answer to this question appears to be fairly Disciplinary Rule 5-101(8) provides: obvious. the office of the General Counsel and the Discipli nary Commission has received one formal written request "A lawyer shall not accept employment in con, for opinion and one informal telephone inquiry concerning templatcd or pending litigation ii he knows or iL lhe same and the answer and the rationa le supporting it is obviousthat he or a lawyer in his firm ought to be calll'CIa s a witness. except that he m.,y should be or interest to auomeys generally. undertake tile employmentand he or a lawyer Ethical Consideration S.9 provides: in his firm may teStify: "Occasionallya lawyer is calledu pon lo decide (1) 1f the testimony will 1·el01eso lely to an ina panlcularcasewhc1hcrh e willbea witness uncontesled mauer. or an advocate.U a lawyer is both counselnnd (2) II the tesumony will relate solely to a "'ltness, (I) he becom<'Smore easily impeach, matter of formality and there 1s no reason to able for interest and thus may bea lesseffectl\·e believethat substantial evidencewill beoffen.'CI witncSs. Converscli•, (2) the opposu,gcounsel in opp0si11onto the testimon)'. may behandicapped In chnlleoging the cred1bil, ity of the lawyer when the lawyer alS-Oappears (3) If the testimony will rclnte solely Lothe as an ndvocatcin the case. An advocme who nature ond volue of lei,,alservices rendered in becomesa witness (3) I~ In che unseemly and the case by the lawyer or his llrin 10 the client. ineffectiveposition ol arguing his own cred1bil· ity. The rolesof anadvoraceandofa witness are (4) As to any matter. ii refusal wouldwork a int'O r,,rl f11bt1uu1l.11tr•p•1 51 Sus pe n sion • Dothan lawyer Daniel E. Robison was sus pended from the practice of law in the state of Alabama. • Mobilelawyer John A. Court ney was suspended from the practice of law for a period of sixty days. effective October 30. 1984.based upon an order of the Disciplinary Board. effective Augus1 22. 1984.based upon 1he Oisciplinary Board's finding chat he had violated DR 1· 102(A)(2)and DR l-102 (A)(4)oftheCodeof Professional Responsibil· ity of the Alabama State Bar by having re<1uested a Surr ender of License Mobilepolice officer to ask his wife, who was employed in a Mobilephysician'sofftce, tosurrep1i1iouslr secure • Attorney William S. Moon cy hnm , until re from the physician'sofficeacopy of a certain document ccnth•of :l'lontgomery,and nowof Wetumpka. has sur· relating 10 the treatment of one of 1he physician's rendered his license 10praaice law in Alabama.and the patients. Supreme Court of Alabama, pursuant 10 the surrender of license, has cancelled and annulled Mr. Mooney· ham's license and privilege1 0 practicelaw in the courts • Birmingham lawyer Berl Lindbergh was sus· of Alabama, effective October 29. l984. pended from the practice of law in thesiateof Alabama for a penod of 30 da)'S, effective November l, 1984. basedupon an order of the Disciplinary Board. Reinsta teme nt • Jami e He nagan McDowell ,a Montgomerylaw· • Deborah Farrington Coe Saw ye r of Montgo yer. was suspended from the practiceof law in Lhcstate mery was reinstated to l he practice of law in l he state of of Alabama. effective October 30. 1984, basedu pon a Alabama. effective &!ptember 30, l984. by an act of the decision by the Disciplinary Board. Disciplinary Board. B&W INTERNATIONAL, INC. CONFIDE NTIAL INVESTIGATIO NS 510 NORTH 2 1ST STREET BIRM INGHAM. ALABAMA 35203 An ALABAMA firm serving ALABAMA 's Legal Professi onals with a full range of Investigative services and service of proc ess. We prov ide lhe best of service al reasona ble rates. (205) 323-7562 I 328-6355 I 956-7103 .., ·"' In Memoriam Siukdy, Schnvner, l>omuuck & Smith: on l!l l:l1hm formmerged \\llh lknners. Burr. ~kKam) and Forman. Al th,· lune of hos dca1h, Mr. Thoma, wa, .t r.-torc' 1'//,.l/a"1HN1 /.,,,ryr, @lassified JjVotices books for sale STRUCTURAL ENGINEER/C onsul THE tant/Failure Analyst/Expert Witness. ALABAMA LA WYER FOR SALE: Complete Southern'2nd Re Ph.D. in applied mechanics. Alabama re CLASSIFIEDS porter (448 volumes) $6.!lOO. CorpusJ uris gistered professional engineer. Experience Secundum (Index + 101 vol.)$1,045. Prov in codes & sLandards. product liability, All requests for class ified ad ing MedicalDiag nosis and Prognosis (all and failure analysis of industrial equi1~ placemenl must be submilted eleven volumes) S195. ModernLegal ment and structures. construction. ma· typewri tten and are subject to Forms (all thirteen volumes) $195. In Ala rine. pipeline, and pressure vessels. Na- approval. Alabama State Bar bama call 534-1443or 536-0911. 1ional/lnternatio11alexper ience. Dr. members are 1101cha rged for SamuelJ . Brown, P.E .. QED Corp.. P.O. classified not ices up to Lwo in West' s WORDS AND PHRASES. Box1275, Crosby . Texas 775-12.(713 ) sertio ns per calendar year. ex Updated through 1975.Books are in ex 328,5538. cept for ·'position wanted" or cellemcondit ion. Willsell for $500.Co n· LEGAL RESEARCH HELP. Attornei• ''position offered" listings, tact Wendell R. Morgan at P.O. Box 1900- with seve,1 years experience in legal re which are at the regular rate. C. Montgomery.A labama 36197. Phone search/writing. Access10 University of Nonmember advertisers must 263-6441. Alabama and Cumberland libraries. West pay in advance and will re law searches available. Prompt deadline ceive a complimentary copy of service.$35/hour. Sarah Kathryn Far The Afnbama lau >yer in which services nell. !905 Woodlane Place. Birmingham. their advertisement is pub· Alabama 35216. Phone 2051979-3648. lished. Additional copies are EXAMINATION OF QUESTIONED $3.00 plus postage. Documents.H andwriting. typewriting. and relaLed e.xaminations. Internationally m.iscellaneous RATES: t."Ourt qualified expert witness. Diplomate, Members: No charge AmericanBoard of Forensit Document 1985 CLE CRUISE/ Conferenceson Nonmemhers: $.15per insertion Legal,MedicalI ssues - Caribbean.Mexl · Examiners.Member: Amer ican Society of of fifty (50) words or less QuestionedDocument Examiners. the In can. Hawaiian. Alaskan. M!!diterranean. $.50 per additional word ternational Association for Identification. 7-14days in winter. spring, summer. Dis, the British Forensic ScienceSociety an d tinguished professors. FLY ROUNDTRIP DE ADLINE S: the National Association of Criminal De FREE ON CARIBBEAN,MEXICAN & fense Lawyers. RetiredC hief Document ALASKANCRUISES. Excellent gro up Classifiedcopy and payment Examiner, USAC l l..aboratories. Hans fares on finest ships. Registrationl imited. musl be rereived no la(er than MayerG idion, 218 MerrymontDr ive, Au Prc-schedul!!di n compliance with present the first day o( the month 1>rio,· gusta. Georgia30907 . (404) 860-4267. lRS requirements. Information: lnterna· to publication date, with no tional Conferences. 189Lodge Ave., Hun exceptions. LAMAR MILLER, Examinerof Qucs· tington Station, New York !1746.(516) tioned Documents. Qualifiedin most Ala 549-0869. MAILIN G: bama Courts. AmericanSociety of Ques NEED TO LIQUIDATE an estaLe? Send classifiedadvertising tioned DocumentExaminers . American Client need immediatecash? We will pur· ropy and your check, made out Academy of Forensic Sciences.cert ified chase for immedia1ecashor sell for you to The Alabama lnwye,·. to: by American Boardo f ForensicDoc ument on consignmentqualit y jewelry and col· Examiners. Handwritiog. forgery, type lectiblcs. Our expens will be available to Alabama Lawyer Classifieds writing, alteration of medicaland other consult with you on values and Lhebest c/o Margaret Du bberley records.Miscellaneous document a uthen methodof liquidation. Levy's Jewelry & P.O. Box4 156 tication problems. P.O. Box2250 . Au· Loan.2 1162n d Avenue North, Bir Montgomery, AL 36101 burn, Alabama36831·2250. (205) mingham, Alabama35203. (205) 251-338 1. 887-6609. Serving Alabamasince 192!. Jau,~ury 198:'i Salary commensura1ewith experience 1>0~i1ions offered SMA1.L81RM INGIIAJ\1firm spedalix· and academiccrede ntials. Rcpl)• to King. ini: in coq,oratc.st~ur,ues. iax and gen;,. TAX LA WYE.R, 11rcforably wi1h onL• ll;illow& Uu lc. 24th f'loor. First Ameri· r:tl business practice is = king an anor· l wo ye:irs experiencl?in general Lax,c.-or· can Center, No.shville.Tennl 'llst'C37'2:!8. ncy with one to five years litigation :,nd/ poraie and eslate planning areas. LL.M. Allen1ion: l.nrry D. Crabtn.,e. or seeumies e.,per,ence.S1rong academic tn Taxation. C.P.A. or oiher heav)·tu EXPANDING NATIO XAJ. l..AW firm ,word and wri1ingabtli1y rtqun-ed . Send b.ickgroundrequired. S31arycommcru,u, wanl!imanaging partner expcricnctd in le11ernnd resume 10k11ch1e & Rediker. rn1ewnh experienceand academiccr<' lilig,monfor new officesin Birminghnm 312 North 23rd Strce1.Birmin gham, Ala· dcn1onls. Rep ly 10 King.13allow& l.illlc. and Mobile. So1nccapitol r<'quiMI for ex· bama 35203.In quiries will be kept 2,11h Floor.F irst American Center, Nash· citing opportunity. All replies con(idCn· confidential. vlllc, Tennesse,:;372'.18. Allention:J. Allen tial. Send rt>sumeto P.O. Box 14004. ReynoldsU I. Denver.Colorado 80214. EMPLOYEE BENEFITS lawyer,pr,•( . LE.GAL COUN ELOR. The Unilcd rrnbly v.rithonl~ t \•.toyears experience1n States Sports Ac:ademy-Anwrica's col ,vontcd employee benefits/ERISA-related nreas. lege or sµort science - st>ekNqu:,lificd corporntcal torncy with experiencein cdu WANTED: One lll!t oru sed Alabama cat.ional tnvironment. ~rhc neuden1yis a DiJ.'CSI- goodcondition on ly - updated rapidly expanding,accredited 11radua1e :u recently as possible. P.O. Box 429. SAVE30 -60% sport institu1e. hs missM>n,s 10ser.-e 1he Russellville.Alabama 35653. or call Chris Hargella1 3324896. * * * nation and 1heworld Wllhquali1y pro, USED LAW BOOKS gn,ms m 1ns1ruc1 ion. service and re search. The ocademy and six subsidiaries * * * now arc operating in upwards or na• • Wes1 • Lawyers Coop • Harrison ~o • Matthew Bende<• Callaghan • Others lions. Otretl lnieraction wi1hi.enior WE BUY- SELL - TRADE manag,,ntenlrequires sclf•starter charac lerizedby mn1uri1y.clear com1nunic:a• Law Book Exchange tions skills. ond 1ni1ia1ive. Minimumor P. 0. Box 170 73 rive ye.1rs experienceas g,•ncral business Ja ck~onvillc. Fl. 322 16 counsel ,·cquired wilh proven prnrcsslonal (Fru,11fH111r 1:tlj) I -800-325-6012 ability 10deal wi1hi nsurance nnd tax cases. corporateand labor lo,., issues. Mixon.Edmon McKinley an d I attended conlractS.nffirmn1ive action. real es1a1e the AffiliateOutreach Meetingin Van· and Olherphases or law. Individualse couvcr. British Columbia. dunng the lectedmay 1eachgraduate levelcourses. latter part of Octoberan d gained valu· Richard Wilson act as agent in real estate 1ransactions able insight into various projects being and as a trus1cefo r property nndlor in utilizedt hroughout the United States. & Associates vestmenl$. Thorough knowll,clge or appli· The ne.,1 meeting of ~his type will be cableSlate. rcdemland local law, desir· held in Detroit in February 1985. Reg istered able,advanc,'CI degree preform! . Excellen1 As you can see. the Young Lawyers' bcnefi1s. s.1lnry negouable. For confiden· Section of the Alabama State Bar is Prof essional 1ial consldcmtlon.se nd resume, salary moving at a rapid pace for this year. Co urt Repor ters requirc111cn1s, dntc or availability nnd three le11ei·sof recommendationto: Direc · Again. our effon s are designed Lo as 132 Adams Aven ue tor or Rocruitmen1.Aiers. Im:.. P.O. Bo, sist your profession, you young lawy Montgo mery, Alabama 36104 ~6.5. Dl'pt. :145-511.Mobtle. Alab.1ma ers and the public. If any of you young 36608. (A1ers- subsidiaryof USSA) lawyers wouldlike lo participate, please 264-6433 EOE/AA feel free to contact me. D ALABAMALAWYERS RESEAR CH SERVICE SMITH-ALSO BROOK & ASSOC. EXPERT W ITNESS SERVICES The Universilyof AlabamaSchool of I.aw ClinicalProgrom ·Mac:Nneguarding •Tralt,c occiden1 re<:Of\Slrvellon •Tire consulting LEGAL MEMORANDA CONl'l'OENTlALLY PREPAREDAT ·lndu11tla!accidents REASONABLERATES BY SEl.ECTIDLAW STUDENTS oConsllUCIIOtl acodenlS UND£RATTORl\'EY SUPERVISION. ·Salcuyend p,ocedureaNl)ISiS ·F11e& a,son 11We$1)Qa1lon BOBBY O. SMITH, B.S., J.O., President 912 r-our1hAvenu~ Tusa,to°"'• AL 35401 12051348- P.O. Box 3064 Opelika. AL 36801 (205) 749-1544 ..... et cetera The opinion of the General Counsel published in the July 1984 et cetera issue of The Alabama Lawyer has been suspended for a period to et cetera and including December 31, 1984. et cetera et cetera New admittees lo the bar who are interested in purchasing Lhe group picture or family pictures taken on the steps of the supreme et cetera court building followin g the October admissions ceremony may do so et cetera by contacting Scott Photographic Services, P.O. Box 1361, Montgo et cetera mery , AL 36102. Phone 262-8761. et cetera et cetera Have you moved recently? If the answer to that question is yes, et cetera double-check that you have submitted a change of address to the et cetera Alabama State Bar. Uyo ur address is not changed. you will not receive your Alabama Lt1wyeror other important mai lings from the bar asso· et cetera ciation. Send your change of addr ess to Th e Alabama State Bar, P.O. et cetera Box 671. Montgomery, AL 36101. et cetera et cetera News flash! The Alabama Loiuyern eeds you to keep us informed of et cetera news in .. your neck of the woods.·· Pleasese nd interesting news to The Alabama lawyer, P.O. Box 4156, Montgomery , AL3610l. Phone(to ll et cetera free) 1-800-392-5660,or 269-1515 in Montgomery. C: C, , __ I 7::.:::::J . UNITEDCO MPJ\NJES FINANCIALCORPORATION REALLYGOOD NEWS Here's a lender making 20 year loans with FIXED Interest rates. Not variab le, FIXED FOR 20 YEARS. Commercia l - Investment loans, first mortgages. Properties: Office buildings , shopping centers, light Industrial. New construction, rehab. properties. or existing buildings . United Companies is a one-b illion dollar , financial company listed on AMEX. Phone: Andrew T. Graybar, CCIM (205) 979-0367 Suite 106-A 100 Century Park South Birmingham, AL 35226 LEGAL PRINTING T Legal and Financial Printers Since 1910 Experienced, Dependable, Responsible, Confidential Prospectuses, Proxy Statements, Official Statements, Tender Offers, Indentures and Briefs BIRMINGHAM PUBLISHING COMPANY 130 South 19th Street Birmingham, Alabama 35233 Telephone : 205/251-5113 Contact: Harold Fulton, Vi ce President You will find Alabama state law and federal law easily , with these Wes t publlcallons. They work together to give you fast, reliab le access to the opinions and law you need. They sort It all outl Contact your West representative tor more Information: MICHAEL D. GOODSON L. JAMES HANKINS P.O. Box 17334 P.O. Box 36386 Montgomery, AL 36117 Birmingham. AL 35236 Phone: 205/834-7872 Phone:205/320 -6240 PUBLISHINGCOMPANY ll~50 Wsr. Kellogg Blvd. -• P.O. Box 64526 • St. Paul, MN 55164-0526 c 198• WestPublittilng Co. •t-101L -·>In U COLEMAN PD BOX 2069 MONTGOMERY AL 36197 Non-Profit Organization U.S. POSTAGE PAID Permit No. 125 Montgomery, AL 36104