LAW DAY 2004 Presented by Judge Bill Filmore www.filmore.net What is Law Day? Began in 1958 Law Day, May 1, is a national day of celebration, where we traditionally honor our freedoms as Americans – freedoms protected by our laws and legal institutions The legal profession has played a major role in ensuring that the rule of law remains strong in our nation, that it pursues justice and defends liberty. Beginning of Law Day 1957 vision of Washington D.C. attorney Charles S. Rhyne serving as ABA President Proclamation by President Eisenhower on Feb. 3, 1958 Proclamation 1st Paragraph WHEREAS, it is fitting that the people of this Nation should remember with pride and vigilantly guard the great heritage of liberty, justice and equality under law which our forefathers bequeathed to us; and . . . Congressional Resolution Establishing Law Day (1961) US Code, Title 36, Section 164 The first day of May of each year is hereby designated as Law Day, U.S.A. It is set aside as a special day of celebration by the American people in appreciation of their liberties and the reaffirmation of their loyalty to the United States of America; of their rededication to the ideals of equality and justice under law in their relations with each other as well as with other nations; and for the cultivation of that respect for law that is so vital to the democratic way of life. The President of the United States is authorized and requested to issue a proclamation calling upon all public officials to display the flag of the United States on all government buildings on such day and inviting the people of the United States to observe such day with suitable ceremonies and other appropriate ways, through public bodies and private organizations as well as in schools and other suitable places. LAW DAY THEMES Since 1974 themes have be established for Law Day The themes since 1997 have been entitled “Celebrate Your Freedom” Individual Themes 1997 Celebrate Your Freedom: Freedoms 1998 Celebrate Your Freedom: Guarantees 1999 Celebrate Your Freedom: Equality 2000 Celebrate Your Freedom: Democracy and Diversity 2001 Celebrate Your Freedom: Best Interests of Our Children 2002 Celebrate Your Freedom: Justice for All 2003 Celebrate Your Freedom: Courts Protect Our Liberties First Amendment Due Process The Quest for Speak Up for Protecting the Assuring Equal Independent For 2004 - The Theme is… To Win Equality by Law: Brown vs. Board of Education Plessy v. Ferguson (1896) The Supreme Court of the US ruled that separate but equal railroad cars for blacks and white passengers did not violate equal protection: The object of the (14th) Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality. Justice John Marshall Harlan Harlan is best known for his eloquent dissent in the 1896 case, Plessy vs Ferguson, which upheld a Louisiana law requiring blacks and whites to ride in separate railroad cars. Harlan criticized the Court's adoption of the "separate but equal" doctrine in these memorable words: "Our Constitution is color blind and neither knows nor tolerates classes among citizens." EQUAL OPPORTUNITY DEFERRED THE NATION ADOPTED RACIAL SEGREGATION AS PUBLIC POLICY in the 1896 United States Supreme Court decision, Plessy v Ferguson. The Plessy case centered on segregated seating in passenger cars on Louisiana trains. After this decision segregation spread in public accommodations and schools. Jim Crow Laws From the 1880s into the 1960s, a majority of American states enforced segregation through "Jim Crow" laws (so called after a black character in minstrel shows). From Delaware to California, and from North Dakota to Texas, many states (and cities, too) could impose legal punishments on people for consorting with members of another race. The most common types of laws forbade intermarriage and ordered business owners and public institutions to keep their black and white clientele separated. Examples of Jim Crow Laws in Alabama Nurses No person or corporation shall require any white female nurse to nurse in wards or rooms in hospitals, either public or private, in which negro men are placed. Buses All passenger stations in this state operated by any motor transportation company shall have separate waiting rooms or space and separate ticket windows for the white and colored races. Railroads The conductor of each passenger train is authorized and required to assign each passenger to the car or the division of the car, when it is divided by a partition, designated for the race to which such passenger belongs. Restaurants It shall be unlawful to conduct a restaurant or other place for the serving of food in the city, at which white and colored people are served in the same room, unless such white and colored persons are effectually separated by a solid partition extending from the floor upward to a distance of seven feet or higher, and unless a separate entrance from the street is provided for each compartment. Pool and Billiard Rooms It shall be unlawful for a negro and white person to play together or in company with each other at any game of pool or billiards. Toilet Facilities, Male Every employer of white or negro males shall provide for such white or negro males reasonably accessible and separate toilet facilities. The One who laid the ground work You have a large number of people who have never heard of Charlie Houston. That man was the engineer of all of it… if you do it legally, Charlie Houston made it possible. Thurgood Marshall Charlie Houston Houston was born in 1895 in Washington D.C. 1915 Graduated magna cum laude from Amherst College Graduated cum laude from Harvard Law School in 1922 He was first AfricanAmerican Editor of Harvard Law Review Vice-Dean (1929-35) of Howard Law School training ¼ of nation’s black law students. 1935-40 Special Counsel to NAACP Charlie Houston (con’t) 1935-48 – Argued 8 cases before the US Supreme Court and won 7. April 26, 1950, Died at age of 54. Justice Thurgood Marshall wrote, “when Brown v. Board of Education was being argued in the Supreme Court, … there were some two dozen lawyers on the side of the Negroes fighting for their schools,… and of those thirty lawyers … there were only two who hadn’t been touched by Charlie Houston.” Federal Circuit Judge A. Leon Higginbotham, Jr. wrote: “You must understand this: without Brown there would have been no civil rights movement, no civil rights act and no voting rights act. Without Houston there would have been no Brown.” Houston paved the way for Brown Missouri ex rel. Gaines v. Canada (1938) The University of Missouri refused to admit Lloyd Gaines to its law school because it believed the school was only for whites. It was common for the state to send black students to neighboring states for courses of study not offered in the black schools. Since Missouri did not have a separate and equal law school for African Americans, the U.S. Supreme Court ruled Gaines must be allowed to attend the University of Missouri Law School. McLaurin v. Oklahoma State Regents for Higher Education (1950) The U.S. Supreme Court ruled that George W. McLaurin, a student who was required to eat and study at separate tables, must be treated the same as white students. Chief Justice Fred Vinson said in the ruling that separate accommodations denied McLaurin “his personal and present rights to equal protection of the laws” under the 14th Amendment. Continuing, Vinson said “McLaurin must receive the same treatment . . . as students of other races.” Sweatt v. Painter (1950) This case was an important predecessor to Brown v. Board of Education, because the U.S. Supreme Court decided 9-0 that the “separate but equal” doctrine established in the Plessy case was unworkable and ultimately doomed. Combined Brown Cases 1951-54 Five cases from Delaware, Kansas, Washington, D.C., South Carolina and Virginia were appealed to the United States Supreme Court. The Supreme Court combined these cases into a single case which eventually became Brown v. Board of Education. This grouping was significant because it showed school segregation as a national issue, not just a southern one. The five case were: Delaware – Belton v. Gebhart (Bulah v. Gebhart) Kansas – Brown v. Board of Education Washington, D.C. – Bolling v. Sharp South Carolina – Biggs v. Elliot Virginia – Davis v. County School Board of Prince Edward County Delaware – Belton v. Gebhart (Bulah v. Gebhart) A Delaware court ruled that the plaintiffs were entitled to immediate admission to White public schools. In both of the Gebhart cases, the court ruled that the plaintiffs were being denied equal protection of the law and ordered that the 11 children involved be immediately admitted to Delaware’s White schools. The board of education appealed the decision. (Only case where the Plaintiffs won below) Washington, D.C. – Bolling v. Sharp Charles Houston provided legal representation for the Consolidated Parents Group, who, under the direction of Gardner Bishop, attempted to enroll a group of Black students in all White John Philip Sousa Junior High School, in Washington, D.C. In 1950 while preparing the Bolling case, Charles Hamilton Houston suffered a heart attack. As a result he asked colleague and friend James Nabritt, Jr. to help Gardner Bishop and his group. At that point the equalization of facilities idea was dropped and Nabritt replaced it with a challenge to segregation per se. The Bolling case became one of the consolidated Brown cases. The U. S. Supreme Court would eventually file a separate opinion on Bolling because the 14th Amendment was not applicable in Washington, D.C. South Carolina – Biggs v. Elliot This South Carolina case went to trial. Marshall and the NAACP presented a vast array of social science evidence showing how segregation harmed Black school children, including evidence from sociologist Kenneth Clark's controversial "Doll Study." The U. S. District Court denied the Briggs plaintiff’s request to order desegregation of Clarendon County, SC, schools and instead ordered the equalization of Black schools. Judge Julius Waring was the lone dissenter. Virginia – Davis v. County School Board of Prince Edward County NAACP lawyer Spottswood Robinson filed Davis v. Prince Edward County, a challenge to Virginia's segregated schools. Davis et al. County School Board of Prince Edward County, Virginia, et al., was another of the cases eventually consolidated as Brown v. Board of Education. Davis v. County School Board of Prince Edward County (con’t) Moton High was typical of the all-black schools in the central Virginia county. It was built in 1939 to hold half as many students as it did by the early 1950s; its teachers were paid substantially less than teachers at the all-white high school; and it had no gymnasium, cafeteria, or auditorium with fixed seats like the nearby white Farmville High had. Repeated attempts made by Moton's principal and PTA to convince the school board to erect a new black high school were fruitless. So, in the spring of 1951, the students, led by 16 yearold Barbara Johns, took matters into their own hands. They went on strike and asked for help from the NAACP's special counsel for the Southeastern region of the United States. Farmville vs. Moton Separate but Equal? Farmville vs. Moton Separate but Equal? Davis v. County School Board of Prince Edward County (con’t) The NAACP lawyers told the striking students that the only way the organization could commit to getting involved in the students' cause was to sue for the end of segregation itself. This was a huge step beyond the students' goal of obtaining a new school building! After thinking it over very carefully and gathering the support of their parents, the students agreed to challenge segregation directly. On May 23, 1951, a NAACP lawyer, on behalf of 117 Moton students and their parents, filed suit in the federal district court in Richmond. Brown vs. Board Thirteen parents volunteered to participate in a case that was initiated by members of the local NAACP chapter in Topeka, Kansas. In the summer of 1950, they took their children to schools in their neighborhoods and attempted to enroll them for the upcoming school year. All were refused admission. The children were forced to attend one of the four schools in the city for African Americans. For most this involved traveling some distance from their homes. Brown vs. Board These parents filed suit against the Topeka Board of Education on behalf of their children. Oliver Brown, a minister, was the first parent listed in the suit, so the case came to named after him. Linda Carol Brown—who is seven-years-old and lives in Topeka, Kansas—has to walk across railroad tracks and take an old bus to get to school, even though there is a better school five blocks from her house. Linda can't go to that school because she is black, and the schools in Topeka are segregated. Robert Carter and Jack Greenberg of the NAACP Legal Defense represented the Plaintiffs. Rev. Oliver L. Brown and daughter Linda Carol Brown Monroe Elementary School is now an Historic Site maintained by National Park Service. U.S. Supreme Court Decision On May 17, 1954, U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case Brown v. Board of Education of Topeka, Kansas. State-sanctioned segregation of public schools was a violation of the 14th Amendment and was therefore unconstitutional. This historic decision marked the end of the "separate but equal" precedent set by the Supreme Court nearly 60 years earlier and served as a catalyst for the expanding civil rights movement during the decade of the 1950s. In 1955, the Court ordered that the schools in Brown be integrated under supervision of the district courts “with all deliberate speed.” End and Beginning The Court’s decision in 1954 was both an end and a beginning. The doctrine of “separate but equal” was officially refuted, but a new round of battles was about to begin over the necessity, extent, and pace of integration in schools around the country. Students entered Central High School in Little Rock under the protection of federal troops. Thurgood Marshall 1930 Lincoln U. (cum laude) 1933 Law Degree Howard U. magna cum laude 1940-1961 Legal Director of NAACP – 29 Sup. Ct. victories 1954 Brown v. Board 1961 Appointed Circuit Judge 1965 Appointed U.S. Solicitor General by Pres. Johnson 1967 Becomes the 1st African American elevated to U.S. Supreme Court 1991 Retires from Supreme Ct. 1993 Dies at 84 The Lawyers The lawyers were the ones who changed the course of America. In the decades leading up to Brown, these lawyers progressively chipped away at the legal structure fortifying segregation. The legal profession must be as varied and diverse as the public to retain its essential role as connecting link with the rule of law. Data indicate that although society rapidly is becoming more diverse, the legal profession remains mostly white. Alabama Lawyers In-state 11,632 Out-of-State 2,089 Total = 13,721 Male 10,225 = 75% Female 3,496 = 25% Caucasian 12,942 = 94% African American 726 = 5.3% Other 53 = 0.4% This Law Day, as we celebrate our freedoms as Americans, let us rededicate ourselves to working toward making rhetoric and reality one. THE END Presented by Judge Bill Filmore www.filmore.net DALE COUNTY DISTRICT COURT Federal Court U.S. Supreme Court Circuit Court of Appeals District Courts Alabama State Courts Supreme Court Court of Criminal Appeals Court of Civil Appeals Circuit Courts District Courts 33RD JUDICIAL CIRCUIT CIRCUIT COURT DALE GENEVA FAMILY COURT FAMILY COURT DISTRICT COURT PLACE 2 DISTRICT COURT DISTRICT COURT PLACE 1 Judge Bill Filmore DALE COUNTY, DISTRICT COURT, PLACE ONE Civil Division Small Claims Division Criminal Division Traffic Division Child Support Division Ex Officio Circuit Judge for DR CIVIL SMALL CLAIMS DIVISION Up to $1,500 $1,500 to $3,000 Exclusive Jurisdiction Rests with District Court CIVIL DIVISION $3,000 to $10,000 (Concurrent with Circuit Court) Small Claims Improvements in Court Begin at 8:30 a.m., support mediation, notice of case and trial procedure Types of Cases Individual collections of money for rent or personal loans Disputes concerning car repairs Consumer type complaints Instant Cash Company Collections District Civil Improvements in Court Start cases at 1:30 p.m. on afternoon of frequent Small Claims docket Types of Cases Evictions Collection of loans by companies Car accidents within jurisdictional amount DISTRICT CRIMINAL Type of Cases – Misdemeanors NWNI Possession of Marihuana 2nd Possession of Paraphernalia Assault Harassment Reckless Endangerment Criminal Trespass Game & Fish Violations Gambling NWNI Greatest number of cases $1 amount of check can result in a fine of $20 plus costs of $323+ Usually result of people not having the money and not getting money to take care of before court. Reflects economic conditions Possession of Marijuana Fine $600 + Up to 1 year in jail Costs of Court $234 minimum Driver’s License suspended for 6 months Court Referral Program 2nd Offense of Possession is Felony DISTRICT CRIMINAL Felony Cases First Appearance Hearings Appoint Attorneys to Indigent Bond Hearings Preliminary Hearings Improvements in Court Begin Court & Call Docket at 8:30 a.m. Improved forms to facilitate handling of cases Require CRO Program Use Camera for First Appearance Hearings TRAFFIC COURT 4,400 cases a year Traffic offenses committed in Dale County Tickets written by State Troopers Police in Cities that don’t have a Municipal Court Common Offenses DUI Driving While Revoked or Suspended Excessive Speed Speeding Window Tint Seat Belt No Insurance Stats on Drinking & Driving In 2002, more than 17,000 people were killed in alcohol-related crashes on the nation’s highways, representing a death every 30 minutes. An estimated 258,000 people were injured in crashes where police reported that alcohol was present – an average of one person injured approximately every two minutes. Approximately 1.5 million drivers were arrested in 2000 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 130 licensed drivers in the United States. Alabama Fatalities Alcohol Related DATE TOTAL ALC/REL % 1992 1,031 498 48% 1993 1,044 476 46% 1994 1,083 472 44% 1995 1,114 494 44% 1996 1,146 516 45% 1997 1,192 499 42% 1998 1,071 442 41% 1999 1,138 465 41% 2000 996 426 43% 2001 994 376 38% 21 year old minimum All states and the District of Columbia now have 21-yearold minimum drinking age laws. NHTSA estimates that these laws have reduced traffic fatalities involving drivers 18 to 20 years old by 13 percent and have saved an estimated 20,970 lives since 1975. In 2001, an estimated 927 lives were saved by minimum drinking age laws. Alabama still top 1/3 of all states with highest rate of Alcohol related deaths. Tied with FL for 16th highest. 40 other states reduced fatalities more sharply than Alabama. Alabama has been above the US average every year since 1986. Could get worse with less Troopers. Alcohol Related Fatalities by County DUI 1st Offense Fine $600-$2,100 + costs Jail not more than 1 year Completion of Court Referral Program Driver’s License Suspended – 90 days DUI 2nd Offense (within 5 years) Fine $1,100 - $5,100 plus costs Imprisonment: Not more than 1 year nor less than 5 days or 30 days community service Completion of Court Referral Program Driver’s License Revoked for 1 year DUI 3rd Offense (within lifetime) Fine $2,100 - $10,100 plus costs Imprisonment: Not more than 1 year with minimum mandatory 60 days Completion of Court Referral Program Driver’s License Revoked for 3 years DUI Fourth & Subsequent (within lifetime) Felony Fine $4,100 - $10,100 plus felony costs Imprisonment: One year and One Day – 10 years (Minimum 10 days in jail) Completion of Court Referral Program Driver’s License Revoked for 5 years Driving While Suspended or Revoked Fine $150 - $250 or greater Revocation of license for 6 months Possible jail sentence Costs of Court Common to give suspended sentence of 30 – 180 days; suspended sentence is contingent on paying all fines and costs and not receiving another DL suspended or revoked in next 6 months Stats on Unlicensed Study by AAA’s Foundation for Traffic Safety Crashes involving unlicensed or improperly licensed drivers killed about 57,000 people from 1993 to 1999 This is 8,215 people per year The official death toll on 9/11 was 2,976 Excessive Speed Over 25 mph over posted speed limit Fine $250 Court Costs $106 Court has driving history and may give suspended sentence like in DL suspended and may require driving school as part of punishment for extensive record Speeding 25 mph or less over posted limit Fine $20+ Costs $106 For clean driving histories, driving school is alternative that the Court has discretion to grant. If you are approved for driving school you would complete the course at costs of $30 and bring your certificate to the Clerk of Court and pay the $106 Court Costs and then the ticket would be nol prossed and will not go on record. Online course is available at cost of $40. SPEED KILLS! SPEED NUMBER OF FATALITIES INVOLVED IN SPEED RELATED CRASHES, 2001 PERCENT OF FATAL CRASHES THAT ARE SPEED RELATED, 2001 ESTIMATED COST OF ALL SPEED RELATED CRASHES, 2000 ALA 351 34.7% $534 Million Insurance If didn’t have proof, must come to court to show proof of insurance at time of ticket and case will be dismissed. Section 32-7A-20 $100 fine + $106 costs if provide proof of insurance (if didn’t have insurance at time of ticket) $150 fine + $106 costs, if don’t get insurance (Up to $500 fine for first conviction and up to $1,000 fine for second conviction, and could cause suspension of registration) Points Against License DUI = 6 points Reckless Driving = 6 points Speeding in excess of 85 mph = 5 Failure to yield right of way = 5 Passing stopped school bus = 5 Wrong side of road = 4 Illegal passing = 4 Following too closely = 3 Disregarding traffic control devices = 3 Speeding = 2 All other violations = 2 Suspension for Points 12-14 Points over 2 year period = 60 days 15-17 Points over 2 year period = 90 days 18-20 Points over 2 year period = 120 days 21-23 Points over 2 year period = 180 days 24 and above Points over 2 year period = 365 days Vehicular Homicide § 32-5A-192. Homicide by vehicle or vessel. (a) Whoever shall unlawfully and unintentionally cause the death of another person while engaged in the violation of any state law or municipal ordinance applying to the operation or use of a vehicle, or vessel, as defined in Section 33-5-3, or to the regulation of traffic or boating, shall be guilty of homicide when the violation is the proximate cause of the death. (b) Any person convicted of homicide by vehicle or vessel shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), or shall be imprisoned for a term not less than one year nor more than five years, or may be so fined and so imprisoned. All fines collected for violation of this section relating to vessels shall be paid into the State Water Safety Fund. Examples Teenage Drivers – Fatal Crashes % Driver Age Driver Error Speeding 3+ occupants Single vehicle Drivers .01+ 16 yrs old - Night time crash twice as high than day 16 80 36 33 41 8 17-19 75 31 26 37 25 20-49 62 22 19 30 47 Alabama License Restriction § 32-6-7.2. (Effective October 1, 2002) Restrictions on issuance to persons under 18. (c) A person who is issued a regular driver's license after October 1, 2002, who is age 17 and has been licensed for less than six months or who is age 16 shall be deemed to have a restricted driver's license. The person may not operate a vehicle under any of the following conditions: License Restriction (1) Between 12:00 o'clock midnight and 6:00 o'clock a.m. unless the following exceptions apply: a. The licensee is accompanied by a parent or legal guardian. b. The licensee is accompanied by a person who is a licensed driver and is at least 21 years of age and the consent of a parent or legal guardian of the driver is given. c. The licensee is driving to or from a place where the licensee is employed on a regular basis. d. The licensee is driving to or from a school sponsored event. e. The licensee is driving to or from an event sponsored by a religious organization. f. The licensee is driving for the purpose of a medical, fire, or law enforcement related emergency. (2) If there are more than four occupants in the vehicle not including the parents or legal guardians of the licensee. License Restriction A violation of this subsection shall not result in a suspension of the person's driver's license, but shall extend the time period for six months that the person is subject to the restrictions of this subsection before the person is eligible to be designated as an unrestricted driver's license holder or until age 18. TRAFFIC COURT Improvements in Court Have a docket of cases Court begins and docket called at 8:30 a.m. Records run on DUI, D/L Revoked or Suspended and Excessive Speed Require CRO Improved forms for the proper and efficient handling of cases CHILD SUPPORT DIVISION Type of cases Standard for Contempt Contempt petitions for non-payment Visitation petitions Post minority support petitions Modifications of support If the finds that the reason for non-payment is not inability to pay, but willful refusal to pay child support the Court can and does incarcerate the Defendant for contempt. Improvements - Due to willingness of Court to enforce the Standard for Contempt, child support collections have increased $20,000 per month in 2003 over previous year Ex-Officio Circuit Judge Domestic Relations cases that arise out of child support matters don’t have to be reassigned Emergency DR Orders Any DR Orders arising out of Unified Family Court DR Cases as assigned or receive due to conflicts of other courts Additional Court Improvements Utilizing technology. Using a video camera for First Appearances which cuts down on expense and promotes safety for jail personnel. Developed and maintains a web site for District Court Information where the general public can obtain information about the civil and criminal law and procedures used in District Court. www.filmore.net Court allows the option of an on-line driving school in alternative sentencing for speeding. Working with Dale County Domestic Violence Task Force to inform the public about the domestic violence. In May 2004 will present a legal seminar and be the Judge for a Mock Trial on domestic violence. Working with School Systems. Re-established Law Day activities in the schools. Present Traffic Court class to Driver’s Ed and other classes. Supports reading initiatives in schools by presenting awards. Serving on Executive Committee of Dale County Children’s Policy Council. THE END Presented by Judge Bill Filmore www.filmore.net