Ala. Supreme Court Justice Suing Opponent in Primary
Alabama Supreme Court Justice Tom Parker says in a lawsuit filed this week that one of his opponents in the June 1 Republican primary failed to “file certain required documents on time” and should be disqualified from the race.
Eric Johnston, a solo practitioner in Birmingham, Ala., did not file a form declaring his candidacy and his statement of economic interests form to the Republican party at the same time, as required. Parker’s lawyer, Al Agricola, told WSFA in Montgomery, Ala.
Legal Blog Watch noted the Alabama law stating that a statement of economic interests form “simultaneously with the date he or she becomes a candidate.” Other forms must be filed within five days of becoming a candidate, according to Alabama law.
Johnston told the Associated Press that he shipped the statement of economic interests and campaign committee statement April 5 for next-day delivery, but they arrived April 7.
Johnston’s lawyer, Robert Huffaker, told WSFA that the courts have addressed this before, and this is not enough to kick Johnston out of the race. “They have drawn the distinction between a candidate who doesn’t file a report at all and they say that candidate should be disqualified versus a candidate who files a report but is late … and in that instance the courts have said you don’t disqualify them.”
In the meantime, Johnson’s name is already on absentee ballots that have been sent out, WSFA reports. Both sides are pushing for a hearing next week.
See the lawsuit (PDF provided by Doc’s Political Parlor & Home of Lawn Mower repair).
Alabama has a history of contentious judicial races. The ABA Journal noted in a 2005 feature that even 14 years ago, Alabama high court candidates were spending upwards of $4 million on races.
