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Unwritten agreement risking violation?
Circuit judge gentlemen’s agreement could be violated
Published Friday, October 23, 2009
Come 2010, there could be no seated judge in the Pike County Courthouse after Circuit Judge Robert Barr hangs up his coat.
Or, at least it’s a risk.
While local attorney Clif Hastings is putting his name in the hat, Coffee County attorney Shannon Clark is also seeking the seat.
It’s an election that could mean the three-courthouse circuit — Pike, Elba and Enterprise — may have all three judges from the Coffee County area.
Though circuit judges rotate through all the courthouses, a win for Clark could mean the end of an unwritten “gentleman’s” agreement.
It all started in the 1960’s as long-time local attorney Thomas Haigh remembers it.
“Up until that particular point in time, there was only one judge for the circuit,” Haigh said. “Once the second judgeship was created, the arrangement made by the attorneys of Pike and Coffee Counties was that always one of the judges would come one from Pike and one from Coffee County.”
Once a third seat was added, the agreement was modified again to include that one of the judges would come from Elba, Enterprise and Pike County, Haigh said.
“It was something the Bar Association came up with on the basis to allow the simplest and easiest distribution of limited resources. That way all the courthouses are all covered to the maximum extent possible,” Haigh said.
As a practicing attorney, Haigh said the “gentleman’s agreement” has served the counties well.
“(It helps) so you don’t have to sit around waiting to see when my case is going to come up for trial,” Haigh said.
“Judges can look at their schedules and see relatively quickly a time frame.”
Since the agreement was established, Haigh said there has been only one incident that even came close to a violation.
“The closest to a violation of the agreement took place four years ago when Judge Head was up for election,” Haigh said. “Judge Head switched parties and decided to run as a Republican, and as a result, the Democratic Party was running around frantically trying to find a particular candidate. The only person that would consider doing anything on the spur of the moment was Joel Williams, who agreed to put his name on the ballot and as soon as the primary was over withdrawl.”
That, Haigh said, was just to give the party a chance to substitute a candidate from Elba.
Haigh said what would happen if there is no seated judge in Pike County, is attorneys would have to drive to get court orders for their clients.
And, clients’ attorney fees would increase.
“For example, I had a lady come in my office the other day from the state of Florida, and she had an order awarding her custody of her child in the state of Florida, but the daddy lives up here,” Haigh said.
“He was not giving the child back, and the sheriff’s department can’t go casually kick in the front door. You have to go through the procedure and get an order to say ‘Go and get this child.’”
On that day, Haigh said all the judges were out of town, something that is extremely unusual.
But, it could become norm if a Pike County contestant doesn’t take the seat.
Clark said if she’s elected, she wouldn’t leave Pike County without a judge.
“Quite frankly, I’m not part of any gentleman’s agreement nor will I ever be because I think it restricts the rights of voters,” Clark said.
“They don’t spend much more time in one courthouse. Also, I don’t live in Troy, Elba or Enterprise.”
Clark said she lives in the north part of Coffee County, and a drive to any of the courthouses is all the same.
“If I’m fortunate enough to be elected, I got a 15 to 20 minute drive to anywhere. I don’t mind making my home office in Troy if that’s a concern,” she said.
But, Hastings said he thinks sticking to the gentlemen’s agreement is important for all counties.
“I believe it’s in the best interest of the people in the entire circuit of Coffee and Pike Counties to have representation on the judicial bench from both counties,” Hastings said.
“I believe it’s important for both counties to have a voice on the judicial bench as has been maintained for many years, and I believe it would be unfair for either county to not have a voice on the judicial bench.”
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Comments
Posted by dryground (anonymous) on October 23, 2009 at 9:19 p.m. (Suggest removal)
This thing doesn't even sound legal. Also, I bet Hastings is in favor of keeping the so called agreement since he could be the one to lose out. I have heard that he has only been practicing since 2005, but constantly states that he was "admitted to the bar in 1995". Talk about a misrepresentation.
Posted by OldSchoolPike3Worker (anonymous) on October 24, 2009 at 12:43 a.m. (Suggest removal)
Don't sweat it, Karen Berry is available.
Posted by pikecountyproud (anonymous) on October 24, 2009 at 7:17 a.m. (Suggest removal)
Mr. Hastings is as fine a person as you could ever meet. It will be a good thing for Pike and Coffee counties to have someone of his integrity represent us as the next Circuit Judge. I believe his desire to serve the people of Pike and Coffee counties are for the right reasons and we need to all get out and vote to make sure he is our new judge. I have known him and his family for 20 years. He has always been honest, hard working and community minded. He has my family's support and each of you should consider the consequences of loosing a voice from Pike County on the bench. We want an honest, knowledgeable Circuit Judge and Mr. Hastings is all of these things.
Posted by writing4him (anonymous) on October 24, 2009 at 7:49 a.m. (Suggest removal)
Sounds complicated to me!
Posted by sevenhawk (anonymous) on October 24, 2009 at 8:48 a.m. (Suggest removal)
Mesenger Staff, I know it's only an online version that you do not get subscriptions but please proof read your work.
1. In the title it should be unwritten not unwritted.
2. Barr Association should be Bar Association.
3. And finally withdrawl should be withdrew.
Posted by Ramsey (anonymous) on October 24, 2009 at 8:56 a.m. (Suggest removal)
@ sevenhawk, Amen!
I wish Clif well and hope that some additional Pike County attorneys might step forward. There is no legal obligation on anyone's part to have one from Pike and two from Coffee, but it has been a great working agreement for a long time. I wish it would continue!
Posted by mdj (anonymous) on October 24, 2009 at 10:20 a.m. (Suggest removal)
I have known Shannon Clark, both personally and professionally, for many years and both Coffee and Pike County would benefit greatly by having her serve as Circuit Judge. She is an honest, hard-working and moral person who would make herself equally available for Elba, Enterprise and Troy.
Posted by bamajim (anonymous) on October 24, 2009 at 6:37 p.m. (Suggest removal)
Where is the physical evidence of the aggreement. You go to court without any evidence you loose, unless it is one of the good ole boy buddies. The people will decide, and that's the bottom line. I know all of you law abiding citizen's would not want anything illegal to go on.
Posted by oldhog (anonymous) on October 24, 2009 at 7:27 p.m. (Suggest removal)
Clif Hastings is a good, honest, and humble man with strong ties to the community. Anybody that knows Clif would agree.
Posted by bamajim (anonymous) on October 24, 2009 at 7:34 p.m. (Suggest removal)
So was John McCain
Posted by oldhog (anonymous) on October 24, 2009 at 10:10 p.m. (Suggest removal)
Your right bamajim. but he followed Bush, so he never had a chance.
Posted by DirtRoadDweller (anonymous) on October 25, 2009 at 6:19 a.m. (Suggest removal)
More important than any gentlemen's agreement is that we have a well-qualified, honest person as our judge. But wake up Pike County - we are so outnumbered that we are being overtaken by Coffee County. It already has two-thirds of the judges and the district attorney. That's likely to continue just because of the population advantage in Coffee County. But we need a judge who lives among us. That answers to the citizens of Pike County. That person should be Clif Haistings. If nothing else, let's see a profile of each of the two candidates who have announced - the choice on credentials alone should make it an easy decision - Haistings wins hands down. .
Posted by Jack_Bauer (anonymous) on October 25, 2009 at 9:45 a.m. (Suggest removal)
Hastings is an ambulance chaser.
Posted by dryground (anonymous) on October 25, 2009 at 9:59 a.m. (Suggest removal)
DirtRoadDweller,
Next time you talk to Haistings, simply ask him how long he has been practicing law. I bet he says he was admitted to the bar in 1995, INSTEAD of stating the simple fact that he has really only been a practicing lawyer for just a few years. You're right on one point, the choice on credentials alone does make it an easy decision, & that decision alone would be for Clark:
-BS in Accounting from the University of Alabama
-JD from Jones School of Law, graduated Magna Cum Laude
-Bar President of Coffee County
-Member of the American Inns of Court
-ACTUALLY practicing law for over 12 years, as a sole practicioner
-Temperment, intelligence, & NOT part of any good ole boy network.
These are just a few that I found listed on her website. I'm sure there are more. I suggest that whether you live in Pike or Coffee county the law should be the guiding light for judges, not where you live. After all, are Pike & Coffee county so different? I don't think so. And if a candidate believes they are so different, how in the world could the citizens of either county expect to be treated equally in their courtroom?
Posted by oldhog (anonymous) on October 25, 2009 at 10:03 a.m. (Suggest removal)
Hastings has represented victims and their families against the powerful and corrupt insurance industry. Without lawyers like him, the average citizen would not stand a chance.
Posted by dryground (anonymous) on October 25, 2009 at 10:06 a.m. (Suggest removal)
Funny, Hastings ACTUALLY WORKED IN THE EVIL INSURANCE INDUSTRY FOR MORE YEARS THAN HE HAS BEEN A LAWYER.
Posted by Jack_Bauer (anonymous) on October 25, 2009 at 2:05 p.m. (Suggest removal)
Oldhog, go get in line for your handout from the gov. W/out ambulance chasers like Hastings, other attorneys wouldn't have such a bad name and we would all pay less for insurance. Sending people to the chiro for 6 months b/c they are sore doesn't make you a good lawyer.
Posted by oldhog (anonymous) on October 26, 2009 at 12:23 a.m.
(This comment was removed by the site staff.)
Posted by Jack_Bauer (anonymous) on October 26, 2009 at 9:24 a.m.
(This comment was removed by the site staff.)
Posted by TroyAlumna (anonymous) on October 26, 2009 at 9:57 a.m. (Suggest removal)
It would be nice if people on here could agree to disagree without all the constant name calling...what does that really accomplish? Nothing. We all have the right to our own opinions, regardless if others share our way of thinking!!
Posted by muledeer (anonymous) on October 26, 2009 at 10:03 a.m. (Suggest removal)
Dang people ! Lets not get personal with these comments. This board is no place for that. Give your opinion on the issue and move on.
My opinion is in support of Cliff Haistings. He is very experienced in both the insurance related industry as well as the legal side. We all should be grateful that someone with his character would sacrifice a wealth of income as a lawyer to take a judge position. If he wasn't doing this from the heart, he would surely stay where his pocket can be rewarded for his hard work. Lets not fault him for being experienced in multiple fields. Lets use that to the benefit of the position.
Posted by oldhog (anonymous) on October 26, 2009 at 10:44 a.m. (Suggest removal)
Missed it. Take it were not voting for the same canidate?
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