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TRANSCRIPT
AGENDA
ALABAMA ACCESS TO JUSTICE COMMISSION
Friday, October 11, 2013
State Bar Building
Call in number: (855) 479-5578
Code: 2783433257
1:30 p.m. Call to order and welcome
1. Approval of minutes of July 19, 2013 ATJ Commission meeting
2. Financial Report
3. Chair’s Report
Nominations committee report, election of new officers
New members
Proposed committee assignments
Moderate means addition to self-representation committee
4. Publicity & Public Awareness
Website demo
Publicity for new website and Alabama Legal Answers
5. Self-Representation and Modest Means Committee
Limited scope representation/lawyer referral service
Conversion of ASB divorce brochure to plain language
6. Pro Bono Committee
Online Ask a Lawyer program
Pro Bono week resolution
Recognition program like CO and TN
7. Debt Collection Task Force
Update on status of Rules 4, 55, and 88 changes
Report from September 30th roundtable
8. Legislative
9. Discussion
What else should we be doing
Legal aid funding in AL
10. Adjournment
Next meeting:
January 11, 2013 State Bar Building at 1:30 p.m.
Alabama Access to Justice Commission
Minutes of July 19, 2013 Meeting
Commission Chair Henry Callaway called to order the meeting of the Commission at 2:00 at the State
Bar Annual Meeting at The Grand Hotel in Point Clear, Alabama. The following commission members
were present: Henry Callaway, John Carroll, Jimmy Fry, Nick Gaede, Dean Hartzog, Greg Hawley, Ted
Hosp, Robert Lockwood, Sue McInnish, Mike McMaken, Scott Mitchell, Charles Nash, and Freddy Rubio.
Also present were Craig Baab, Chandler Barrett, Michael Bolin, Tracy Daniel, Allen Howell, Stephen
Hudges, Judy Keegan, Bo Landrum, Linda Lund, Rich Raleigh, Shannon Shelley-Tremblay, and Ann
Wilson.
The minutes from the April 12, 2013 meeting were approved on motion and second.
The financial report was accepted on motion and second.
Equal Justice Conference Update
Commission members who attended the Equal Justice Conference in St. Louis reported that the
conference continues to be a valuable resource for the Commission. John Carroll reported on the
session on law school incubator programs. Henry Callaway noted that moderate means and low bono
were hot topics this year, and the Commission should continue to look at these issues.
Publicity and Public Awareness
The website is close to being finished with the coding, and Chandler Barrett will start to add content
soon. Most of the website will be up by the next Commission meeting in October.
Self-Representation Committee
Henry Callaway reported that six self-help handouts are complete, and have been translated into
Spanish. Copies of the handouts have been sent to each circuit clerk. The handouts will be available in
English and Spanish on the Access to Justice website. The committee is trying to produce
landlord/tenant materials.
Stephanie Kimbro has agreed to speak on limited scope representation at the Family Law Section’s
Divorce on the Beach conference. She will speak on Friday, May 30th.
Henry Callaway shared that he has been working with the State Bar’s Lawyer Referral Service to consider
ways for potential clients to access lawyers who are willing to provided limited scope representation.
Pro Bono Committee
The committee will continue to work on creating a Pro Bono Honor Roll that includes participation from
the Supreme Court of Alabama.
CLE for Pro Bono did not pass because there was not a sufficient training component.
Debt Collection Task Force
John Carroll reported that the Commission has proposed an amendment to Rule 4 requiring a
description of the person who is served. The Commission also proposed Rule 88, which would require
proof of the debt. Henry Callaway and John Carroll have spoken with several collection attorneys, and
the task force plans to convene a meeting with all sides to discuss the issue.
Alabama Appleseed has proposed changes to Article X of the Constitution regarding exemptions. The
task force feels that legislative initiatives are beyond the charge of the Commission, but it will continue
to convene discussions on the topic.
Legislative
The Access to Justice Commission was not in the budget, and will not be in next year’s budget.
The Alabama Access to Justice Commission meeting was adjourned.
__________________________
Robert D. Segall
Report of ATJ Nominating Committee:
The Nominating Committee of the Access to Justice Commission met by conference call on Thursday,
September 5, 2013. Committee members John Carroll, Nick Gaede, Ted Hosp, Sue McInnish, and
Charles Nash were present. The committee continued correspondence through email.
The committee unanimously nominated the following officers for terms of office extending from
October 2013 – July 2015.
Chair – Henry Callaway
Vice Chair – Lisa Borden
Secretary – Bobby Segall
Treasurer – Alan Engel
Access to Justice Commission
Term Ending 10/01/2014
Lisa Wright Borden, Esq.
Baker Donelson
420 20th St. N, Suite 1600
Birmingham, AL 35203
205-244-3803
Henry A. Callaway III, Esq.
Hand Arendall, LLC
P. O. Box 123
Mobile, AL 36601-0123
251-694-6224
Alan Engel
Crowne Partners, Inc.
505 North 20th Street, Suite 1015
Birmingham, AL 35203
205-328-3120
O. Dean Hartzog, Esq.
AL Manufactured Housing Commission
350 S Decatur Street
Montgomery, AL 36104-4306
334-242-4036
Edward A. Hosp, Esq.
Maynard Cooper & Gale, P.C.
1901 6th Avenue North
Birmingham, AL 35203
205-254-1000
The Honorable Thomas ap Roger Jones
Pitts, Pitts & Williams
P. O. Box 527
Selma, AL 35702-0527
334-875-7213
Ms. Sheryl Threadgill Matthews
BAMA Kids
P. O. Box 212
Camden, AL 36726
334-682-5925
D. Scott Mitchell, Esq.
Alabama Court of Criminal Appeals
300 Dexter Ave.
Montgomery, AL 36104
334-954-5061
Freddy Rubio, Esq.
Rubio Law Firm
438 Carr Ave. Ste. 1
Homewood, AL 35209
205-443-7858
Term Ending 10/01/2015
Dean John L. Carroll
Cumberland School of Law
800 Lakeshore Drive
205-726-2704
Robert D. Segall, Esq.
Copeland, Franco, Screws & Gill
444 South Perry Street
Montgomery, AL 36104
334-834-1180
The Honorable Michael E. McMaken
7 Japonica Avenue
Mobile, AL 36606
251-623-0324
Gregory H. Hawley, Esq.
Jones & Hawley, PC
2001 Park Place, Suite 830
Birmingham, AL 35203-2735
205-490-2290
Robert C. Lockwood, Esq.
Wilmer & Lee
P. O. Box 2168
Huntsville, AL 35804
256-533-0202
Term Ending 10/01/2016
Diandra S. Debrosse-Zimmermann, Esq.
Gentle Turner Sexton Debrosse & Harbison
501 Riverchase Pkwy E, Suite 100
Hoover, AL 35244
205-716-3000
The Honorable James H. Fry
Legal Services Alabama
207 Montgomery Street, Suite 1200
Montgomery, AL 36104-3537
334-223-0240
A. Henry Gaede, Jr., Esq.
Bainbridge, Mims, Rogers & Smith, LLP
600 Luckie Drive, Suite 415 (35223)
P. O. Box 530886
Birmingham, AL 35253
205-879-1100
Jessica F Kubat, Esq.
Protective Life Corporation
P. O. Box 2606
Birmingham, AL 35202
205-268-6748
Ms. Sue McInnish
Alabama Civil Justice Foundation
The Bailey Building
400 South Union Street, Suite 245
Montgomery, AL 36102
334-263-2003
Dr. Charles R. Nash
University of Alabama System
401 Queen City Avenue
Tuscaloosa, AL 35401
205-348-8247
Robert C. Ward, Jr., Esq.
Rushton, Stakely, Johnson & Garrett
184 Commerce Street
Montgomery, AL 36104
334-206-3234
Legal Aspects of DivorceDivorce is an increasingly common occurrence in
our society. Yet its effect on the parties, their prop-erty and children can often be devastating. Once entered, a Divorce Decree can establish the parties’ rights permanently. If you have decided to obtain a divorce, you should consult your personal attor-ney to assist you. Few lawyers consider themselves marriage counselors, but they are concerned for your well-being and how a divorce action affects you. This brochure is an attempt to present you with some issues involved in a divorce.
Grounds for DivorceThe basis or cause for which a court may grant
a divorce is commonly referred to as a “ground” for divorce. There are many different grounds for divorce in Alabama all of which are created by statutes. The most commonly used ground is incompatibility. In practice, it is ordinarily not dif-ficult to convince the court that incompatibility exists sufficient to dissolve the marriage relation-ship. A divorce based on this ground is commonly referred to as a “no fault” divorce. However, even though a finding of fault is not necessary to the court’s decision to grant a divorce, it is often an important factor in such matters as child custody, alimony, and division of property.
Other grounds for which divorce in Alabama may be granted include: adultery, desertion, penitentiary imprisonment for certain prolonged periods, addic-tion to alcohol or drugs, mental incapacity, cruelty, or conditions which existed at the time of the mar-riage without the knowledge of the other party such as pregnancy and incurable physical problems.
Divorce by Default or TrialTwo common methods of obtaining a divorce are
by default or trial. A default divorce occurs when the party against whom the divorce suit is brought fails to respond within the time limit set by law.
If the defendant files a response to the complaint, the case will be set for a trial. In this set of circum-stances, unless the case is settled prior to its going to trial, there will be an actual trial before the judge with each party having the right to call witnesses.
In either case the judge must decide all of the pertinent issues, such as whether or not a divorce will be granted, custody of the children, amount of child support, alimony, and division of property. The difference is that if there is a default, the judge
will base the ruling on the oral or written testimo-ny of only the party who filed the suit.
Non-Contested DivorcesThe most common type divorce today is non-
contested divorce. This means that both husband and wife agree to a divorce. In such a divorce, the parties usually enter into a written marital agree-ment defining their rights and duties and other issues of the divorce.
Marital Agreement and MediationThis agreement should include all of the terms
of the divorce, specifically matters relating to the children and to the property owned by the parties. A mediator working with the parties and their attorneys is one of the best ways to develop an agreement that is acceptable to both parties. The agreement is then presented to the judge, and if the judge approves it, a divorce is granted, and the marital agreement is made a part of the divorce decree. By mediating the issues and making their own agreement, parties avoid the necessity of a trial. For more information on mediation, review the brochure “Parents are Forever: Mediating Divorce and Post Divorce Issues” available at www.alabar.org or by calling (334) 269-0409, and talk with your lawyer.
Child Custody and Visitation RightsIn a divorce action, the court determines custody
and visitation of the minor children of the parties. The determination is based on the discretion of the court guided by consideration of the following factors: best interest and welfare of the children, fault of the parties, character and conduct of each parent, age and sex of the children, past care and custody of the children, economic conditions of the parents, preference of the children, and agreement of the parents.
Future parenting of the children is very impor-tant, and you should give your attorney all relev-ent information that might affect with which party the children will live. The courts favor a natural parent having physical custody of the children, but it can award custody to other parties such as grandparents or even unrelated persons if it is in the best interest of the children.
The parent who does not have the children liv-ing with him or her (non-custodial parent) has the right to visit the children or have them visit him or her. Visitation rights are usually set by the judge
and are generally expressed in terms of reason-able times and places upon reasonable notice; but a divorce degree can also set out specific visitation privileges at certain times and places, i.e.: every other weekend, certain holidays, birthdays, etc. A mediated agreement can help you set a schedule. The court may also, on request, award visitation rights to the grandparents of the children.
Child SupportOnce the determination is made that a divorce
should be granted, the primary concern of the court becomes the well-being of the minor children of the parties. It is the responsibility of the court to determine the amount that the non-custodial par-ent is responsible to contribute for support of the minor children.
The court must use the Child Support Guidelines adopted by the Alabama Supreme Court in setting the amount of child support, unless the court spe-cifically finds that following the Guidelines would be unjust and inappropriate. The court combines the income of the divorcing parents, determines from the Guidelines the applicable amount of child support for the number of children of the mar-riage based upon that income, adjusts this amount for work-related child care expenses and health insurance premiums, and then assigns a portion of that support amount to the non-custodial parent based on his/her percentage share of the combined income.
The most important factors to be considered by the court in making an award of child support are the needs of the children and the parent’s ability to earn and pay his/her portion of the support. A parent’s obligation to pay child support may be based on his or her demonstrated ability to earn a certain amount of money, not what that parent is choosing to earn.
Child support is paid until the child reaches the age of majority, but can be extended beyond that time under certain circumstances, such as during post majority education (college), or where the child is mentally or physically disabled.
Real And Personal Property Settlement One of the functions of the court in a divorce
proceeding is to make a division of the property owned by the parties. It is within the discretion of the court to order a transfer of property owned individually by either spouse or jointly-held prop-erty in order to “do equity” between the parties.