No judge or defense attorney in PC Board of Education lawsuit
PHENIX CITY, AL (WTVM) -
According the Community of Concerned Clergy's attorney Joseph Wiley The Phenix City Board of Education lawsuit is without a judge, andthe Board is without an attorney.
Russell County only has two Circuit Court judges.First, Judges Michael Bellamy recused himself from the case, followed byJudge Albert Johnson.
Wiley claims this was a tremendously political move on bothbehalves.
Once the judges recuse themselves, the case then has to gothe Administrative Office of Courts who have to appoint a judge under Alabamalaw. This is unlike in Georgia law which says that if a judge recuses himself or herself,the case will then be assigned to a senior judge.
After both CircuitCourt judges recused themselves, no other judge has been appointed.
Wiley says he has never seen a situation like this before. Heintends to file a motion saying the plaintiffs filed the complaint on July 1.
The Phenix City Board of Education filed a response on July10 in accordance with a statute.
The Court should conduct a preliminary hearing within 10 to 17 days after the response from the Defendant. Wiley says it has now been25 days, and they are outside of the statute.
He also says Alabama is a state that does not require ajudge to give specific reasons for recusal.
In the meantime, School Board Attorney Sidney Smith has stepped down from the case.