Your Trash–Another One's Treasure? - Alabama State Bar

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October 2005Your Trash–Another One's Treasure?This Birmingham Bar Foundation program gives unwantedoffice furniture and computer equipment a new lease on lifePlanning to upgrade your computer system? Movinglatest technology, charities are thankful for any equipmentinto a smaller office? Redecorating your office? Planor furnishings that they receive. The legal community hasning to torch the stuff left behind after an unpleasantshown a lot of enthusiasm and support for this service.”firm breakup? Before you take home those computers soWhen you have items to donate, the foundation will asyour kids can spend more time ignoring you, before yousist in pickup and provide a charitable contribution receiptpay for more storage space, before you bring in that newfor the item’s fair market value. The equipment should befurniture or run off to get that burning permit, think sericleared of any information intended confidential beforeously about the most meaningful way to dispose of officebeing donated.You are also encouraged to notify the barequipment you no longer need. Thanks to the Birminghamfoundation of charities in need of furniture and equipment.Bar Foundation, it can be meaningful not only to you but toFor more information, contact the Birmingham Bar Foundathose you don't even know.tion at (205) 251-2231 or bbfound@bellsouth.net.One example is Junie Peavy, sister of one of the girls–Crystal H. McMeekin, executive director, Birmingham Barkilled in the bombing of the Sixteenth Street Baptist ChurchFoundationin Birmingham, and a client at Oasis Women’s Counseling Center. Oasis Center is a Birmingham non-profitgroup serving women and children who are in need.Peavy is now using dictation equipment donated by anattorney to tell her life story.Birmingham Bar Foundation President PaulDeMarco brought the Charitable Equipment Program to the foundation in 2003. The program matchesexcess law firm equipment with charitable organizationsthat have corresponding needs, while the foundationserves as a conduit for getting the furniture and itemsto community groups who can actually put them to use.Since 2003, law firms and individuals have donated 500items to 50 charities. DeMarco explains, “While lawBirmingham attorney Gary Olshan donates computers to thefirms purchase the most advanced products with theCharitable Equipment Program.

Google It–You'llFeel Better andWork Faster!Don't waste valuable time searching theInternet for something or someone. Gostraight to google.com and get results.Google claims to index over eight billion pageson the Internet. The basic Google search page isfound at www.google.com and consists of little morethan a text box into which you enter search terms. Typinga few words into that box most often will result in severalmillion pages being found. Since only the first 1,000 of thetotal number of pages found will be displayed by Googleas search results, you must focus the search so that theinformation you seek will be found among the 1,000 pagesjudged most relevant by Google.In determining which pages are most relevant to yoursearch terms, Google uses “Boolean logic.” This involvesusing various “operators” to define the nature of the search.If the “and” operator is used, pages which contain all of thesearch terms will be among the search results, even if thosewords do not appear in the same sentence or paragraph.If you enter search terms without specifying an operator,Google applies the “and” operator. If the “or” operator isused, pages which contain any one or more of the searchterms will be among the search results. If search terms areplaced within quotes, only those pages which contain theexact phrase within the quotes will be among the results.To exclude pages which contain a certain word or phrase, precede the word or phrase by a minus sign.Fortunately, at www.google.com/advanced search?hl en,Google offers an “Advanced Search” option which allowsyou to take advantage of the Boolean operators by simply entering search terms in the appropriate text boxeswhich appear at the top of the page.You can use any oneor any combination of these text boxes that you choose.The Google Help Center provides a brief explanation (withexamples) of the use of the Advanced Search function atwww.google.com/help/refinesearch.html. At the bottom of theAdvanced Search page, you will also find several “TopicSpecific Searches” which automatically restrict your searchto government sites, university sites, etc.At www.google.com/intl/en/help/features.html, Google offersa number of “Web Search Features” which can be useful.These include package tracking, dictionary functions, telephone directories, street maps, Web page translation, andtravel information.Perhaps the best way to learn about using Google is toenter “Google help” (with quotes) in the Google searchbox. The more you know about using Google, the moreuses you will find.–William B.Woodward, Jr., Huntsville

Trial Court's RecordOn Appeals toGo High TechE-Appellate could result inan even more efficientjudicial system statewideIn the coming years, as technology becomes more readilyavailable throughout the Alabama Judicial System, AlabamaState Bar members can expect innovative modificationsin the way courts do business. One being deployed underChief Justice Drayton Nabers is a project being testedin four counties involving the process for appeals. By orderdated March 1, 2005, the supreme court authorized thecourt system to experiment with methods to streamline theappellate process. E-Appellate is an Internet-based application where the clerk of the trial court uploads the recordon appeal in electronic format. E-Appellate can provide amethod for the clerk of the trial court to assemble andtransmit the record on appeal in paperless format to theclerk of the appellate court. Also, the online site will act as acentral location for the consolidated record, which attorneysto the appeal may access.As the pilot site courts begin using E-Appellate statewidein the next few months, attorneys should become familiarwith it. Upon receiving a notice of appeal, the trial courtclerk will log onto E-Appellate and input data regardingthe trial court case. The clerk of the appellate court will benotified immediately by e-mail that the notice of appeal hasbeen filed. After the clerk of the appellate court dockets thecase, the clerk of the trial court will assemble the clerk'sportion of the record on appeal, scan it into electronicformat and upload it to the E-Appellate site. The courtreporter will supply the clerk with an electronic copy of thetranscript, which the clerk will also upload to the online site.The clerk of the trial court will prepare a "Certification ofCompletion of Transmittal" as provided for in Rule 11. Therecord on appeal will be deemed filed with the appellateOctober 2005court upon the successful completion of the uploadingprocess.Attorneys and pro se parties will be notified automatically by e-mail after the clerks complete each phase ofconstructing the record on appeal. If an e-mail address is notavailable, the clerk will give written notice to the attorney orparty. When the record on appeal is complete and uploadedto the site, attorneys and pro se parties will be given a username and password applicable to the specific case and mayaccess the record at www.appellate.alacourt.gov/displayall.aspx.In the current format, attorneys cannot file appellatebriefs through E-Appellate. Briefs should be filed with thecourt in the traditional manner. Electronic brief filing, however, is a matter that the court system is exploring.The pilot project currently applies to appeals filed in thetrial courts of Lee, Madison, Montgomery and Russell counties. Corrine Hurst (clerk of Lee County), Melissa Rittenour (clerk of Montgomery County), Jane Smith (clerkof Madison County) and Kathy Coulter (clerk of RussellCounty) have graciously agreed to pilot the E-Appellateproject in their offices. Coulter has put forth tremendouseffort developing the strategy that has lead to the revisedappellate process by making use of technology. Additionally,Smith and her office have provided the pilot project witha substantial amount of appeals to test the online system.These four individuals and their offices have exerted remarkable effort and have assumed a tremendous amount ofwork in order to produce a more efficient judicial system.For more about E-Appellate, visit http://elegal.alacourt.com,click on E-Filing and then choose E-Appellate folders.--Nathan Wilson, Administrative Office of Courts, MontgomeryAlabama State Bar Addendum / 3

Alabama StateInformation OnIn an August 24th news release, the Alabama State Barresponded strongly to false and misleading informationconcerning a proposed judicial selection amendment supported by the bar.ASB President Bobby Segall says that the bar hasattempted to address judicial selection in Alabama for manyyears. He stated that, “The vast amounts of money spentin appellate court judicial elections, mostly derived fromspecial interest contributions, have eroded respect for,and confidence in, Alabama's judiciary, both on the part oflawyers and the public. Despite the fact that we have, for themost part, excellent appellate court judges, people do notbelieve that appellate judges who have received huge contributions from special interest groups can be truly objectiveand evenhanded. And, the problem has been exacerbated byrecent demeaning political campaigns for judgeships.”The proposed constitutional amendment, endorsed bythe ASB Board of Bar Commissioners earlier in 2005, canbe found at www.alabar.org. Retired Alabama SupremeCourt Justice Gorman Houston, a 19-year veteran ofthe court and participant in three statewide elections, willlead a non-partisan citizens’ group to spread informationabout the judicial selection plan and educate the electorate.Highlights include the creation of a broad-based JudicialNominating Commission (much like those in use in six ofAlabama's judicial circuits) and a Judicial Evaluation Commission. When there is a vacancy on an appellate court, thecommission will nominate three people, one of whom thegovernor will appoint. At the end of a judge's term, the Judicial Evaluation Commission will publish its evaluation report,and the judge will stand for retention election.Segall pointed out that the plan has come under grosslyunfair and misleading attacks by Twinkle Andress Cavanaugh, chair of Alabama's Republican Party. Others have raisedgood-faith concerns. The following outlines points made byothers and the bar's response:POINT/COUNTERPOINT FACTSThe Truth About Merit Judicial Selection in AlabamaI.A. Point: Liberal trial lawyers and Democrats are behindproposal.B.The Truth: The ASB has supported a merit selectionprocess for appellate judges for years, including during thetime Democrats were dominant on the appellate courts.In 1997, under the leadership of ASB President WarrenLightfoot, the board of bar commissioners endorsed aproposal very similar to the one now proposed. The committee proposing the present plan was chaired by formerbar President Bill Clark. The committee, comprised of amajority of Republicans, studied the issue for two years before proposing the plan to the board of bar commissioners.II.A. Point: Proposal ends accountability of judgesB.The Truth: This proposal provides more accountability than the present system of special interest-dominated,big money, contested elections. There is no accountabilitynow until after a judge has served a term. After each term,accountability is limited to withstanding whatever challengeis mounted by specific opponents.Under this proposal, when one initially seeks appointment to a judicial vacancy, his or her qualifications areevaluated by a judicial nominating commission and then bythe governor. These evaluations hold applicants accountablefor their pre-application professional and personal conduct.After a judge completes each term, an objective

Bar Responds to InaccurateMerit Judicial Selectionevaluation conducted by the Judicial Evaluation Commissionis made public. The public then votes in a retention election.The public's attention is focused solely on the judge's priorservice. That is accountability in the truest sense.III.A. Point: Proposal erodes right to voteB.The Truth: Although the public does not vote for theinitial selection of a judge, it does vote in retention elections.IV.A. Point: Judicial Nominating Commission made up oflawyers, and dominated by trial lawyersB.The Truth: The Judicial Nominating Commission isnot comprised entirely of lawyers and is not dominatedby trial lawyers. Rather, the nine-member commission iscomprised of four non-lawyers, four lawyers and one sittingjudge. Three of the four lawyers are appointed by the Boardof Bar Commissioners and only one of the three can be atrial lawyer. One must be a member of the Alabama (civil)Defense Lawyers Association and one must be a memberneither of the trial lawyers nor defense lawyers associations.The predominantly black Alabama Lawyers Association appoints the fourth lawyer. Lawyers have nothing to do withthe appointment of non-lawyers, and the appellate courtsselect the judge who serves on the nominating commission.The Judicial Evaluation Commission also includesnon-lawyers. Of the 11 members, only four are practicinglawyers. Others include the Alabama Supreme Court chiefjustice and the presiding judge of either the court of civil orcriminal appeals, determined by the chief justice. The dominant category of membership consists of five non-lawyers.V.A. Point: Motivation behind this proposal is to bringback days of “jackpot justice” by putting liberal Democratson courts dominated by RepublicansB.The Truth: This proposal protects judges presentlyserving (or at least those elected in November 2006–theproposal, under the best of circumstances, will not be law bythe time of that election) from ever again being subjectedto contested, partisan, mud-slinging elections. Accordingly,October 2005assuming Republican judges are elected in November, thosejudges should have a decided advantage in remaining on thecourt. Also, whatever party is dominant in Alabama shouldmaintain dominance on the court because the ultimate appointment is made by the governor. There is no interest inchanging the present makeup of the court, only in eliminating elections that destroy the faith lawyers and the publicput in the judiciary and, therefore, in our system of justice.VI.A. Point: Purpose behind proposal is to select Alabamaappellate court judges the same way federal judges areB.The Truth: This is simply false. See above paragraphs.VII.A. Point: It could be too easy to defeat sitting judgesB.The Truth: This point is regarded as a good faithconcern, but experience with systems similar to the oneproposed by the ASB has been to the contrary. The defeat ofsitting judges has been, by far, the exception rather than therule. And, there is no reason to believe that Alabama's experience will be any different. Special interest groups, includingtrial and defense lawyers, and the Business Council, are nomore aggressive in Alabama than in many other states.VIII.A. Point: Proposal is radical and out of mainstreamacross United StatesB.The Truth: Alabama is one of only seven states thatstill elect judges in contested partisan elections. States thathave examined the grave harm contested elections do totheir judges and to the public's confidence in the judiciaryhave changed to selection systems similar to this proposal.IX.A. Point: Problem has been exaggerated—not thatmuch money has been spent in AlabamaB.The Truth: According to the Montgomery Advertiser,for the last decade (ending with 2004 elections), Alabamawas first in the country in money spent on supreme courtelections. Candidates for the Alabama Supreme Court spent 41 million compared to 27.5 million spent by the secondhighest spender, candidates for the Texas Supreme Court.Alabama State Bar Addendum / 5

Taking in the NewlyLicensed AttorneyKeeping an open mind and an opendoor can pay off in the long runIrecentlymadetheunilateraldecision totake a newly licensed attorney into my solo practice. Atthe time, I had been in solo practice for five years and wasbeginning to understand more accurately the law of largenumbers. The call which prompted my decision came earlyone morning from a young lady who identified herself as anewly admitted attorney looking for a position in a law firmin the local area.The voice on the other end of the phone sparked myinterest because she sounded, above other considerations,sincere. Upon her brief explanation of herself and her credentials, I asked her to come into the office and meet withme. She was shocked! It has not been a great employmentyear for new law school graduates, and she, along with manyof her counterparts, had received a great number of rejections upon inquiry for positions.Appearing for our scheduled interview, we discussed whyshe was interested in joining with me to provide legal services to the surrounding northeast Birmingham community.Her interest in the practice of law was apparent, and herdevotion and dedication to the profession appeared genuine.I viewed this young woman as sincere, confident and,most of all, down to earth. I realized she was young and juststarting out and perhaps would take up a great deal of mytime with my explaining how and why I did things a certainway. I was wrong. Instead, I learned that I had acquired avery valuable asset to my practice—someone who was verybright and knew the anatomy of a lawsuit. I only had to pointher in the direction I wanted to go and off we went, together. In short order, she has helped me be a better lawyerby providing me with information that helps me do my job / Alabama State Bar Addendummore efficiently and effectively, as well as being a soundingboard for general and case-specific concerns. She has addedvalue to my practice and my relationship with our clients.In a very short time, she has so impressed me with herabilities that I have made her a partner in the firm.–William G. Barnes, BirminghamPosition AvailableAuburn University Office of General CounselThe Office of General Counsel of Auburn University isaccepting applications for university counsel. Responsibilitiesinclude assisting the general counsel in matters related to theboard of trustees, and providing legal advice to the presidentand other administrators on matters having legal ramifications. These areas include compliance of university activities with applicable law and established legal precedent, andreview of legal documents executed in the name of AuburnUniversity.Minimum qualifications are a professional law degree, i.e.J.D./LL.B (Juris Doctorate/Bachelor of Laws) and admission topractice law in the State of Alabama, along with five years ofappropriate demonstrated professional experience exhibitingthe level of legal expertise required to satisfy the responsibilities of this position. Salary will be commensurate with education and experience.Minorities and women are encouraged to apply.Refer to Requisition #21239 and apply online at: www.auemployment.com. If you need assistance, contact AuburnUniversity’s Department of Human Resources at (334) 8444145 or your local state employment service office. Internetaccess is also available through your public library.Review of applications will begin after September 30, 2005.Auburn University is an Affirmative Action/Equal OpportunityEmployer.October 2005

Addendum (USPS 013-915), the officialnewsletter of the Alabama State Bar, is published six times a year (December, February,April, June, August, October) by The AlabamaLawyer Board of Editors, P.O. Box 415 ,Montgomery, AL 3 101-415 . Contributionsfrom members are welcomed and encouraged.Views expressed are those of theauthors, not necessarily those of the board ofeditors, officers or board of bar commission-The Alabama FamilyTrust–Another PointOf Vie

about the judicial selection plan and educate the electorate. Highlights include the creation of a broad-based Judicial Nominating Commission (much like those in use in six of Alabama's judicial circuits) and a Judicial Evaluation Com-mission. When there is a vacancy on an appellate court, t

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