On May 1, 1982, just a few weeks shy of getting the J.D., Roy Atchison was picked up by Birmingham police. Obviously any brush with the law is a potential concern in a background check, but the brief account transmitted by the FBI is innocuous enough:
"Arrest check at Tuscaloosa, Alabama, revealed a violation for improper license plates and running a stop sign. Both charges were dismissed. Arrest check at Birmingham, revealed an arrest for reckless driving and violation of Alabama Uniform Controlled Substances Act. The charge of reckless driving was [amended] to running a red light. Applicant failed to appear on this charge and a writ was issued for his arrest. Applicant later appeared and paid a fine. The violation of Alabama Uniform Controlled Substances Act was dismissed by the Assistant District Attorney."
Atchison essentially blew off the incident on his application for an assistant U.S. attorney position. But Burns reveals how he was able to get off lightly for a crime that might have been a serious matter for someone who was not well connected:
An Assistant District Attorney charged Atchison in the matter--he subsequently failed to appear in court, earning a contempt citation on top of the reckless driving and narcotics possession charges, and a writ was issued for his (re-)arrest. However, a second ADA, Don Russell, dropped charges and dismissed the case: "Subject had no prior arrests, or any evidence that he was selling narcotics." (Atchison's two previous traffic citations--one for running a stop sign, another for expired tags--in Tuscaloosa, had also been dismissed.) Generally speaking, possession of more than one bag of controlled substances might be taken as evidence of selling, but it might be noted that ADA Russell got his J.D. at Cumberland Law School, a year after his fellow alum, the highly-regarded Mike Atchison. It might also be noted that Roy Atchison was not only a soon-to-be law graduate and affiliated with an established law firm in town, but was not guilty of driving while black.
This story hits close to home for your humble blogger. I have seen firsthand how powerful law firms such as Starnes and Atchison (now Starnes Davis and Florie) use their influence to help pervert our justice system and cheat regular citizens. In fact, Margie Burns referenced my experiences with the Starnes firm in her reporting:
A check into the records by Birmingham law blogger Roger Shuler also does not turn up any mention of legal assistance for Atchison. Shuler notes, "I'm quite familiar with Starnes and Atchison. They are a major defense firm here, particularly in defending medical malpractice and legal malpractice cases. In fact, I filed a legal malpractice case one time against a local lawyer, and Starnes and Atchison represented him. The firm, I believe, has defended the University of Alabama in a number of matters. Also, one of their primary partners, Stancil Starnes, became the head of ProAssurance, a Bham-based company that provides malpractice insurance for doctors . . . My impression is that anyone with ties to Starnes and Atchison indeed is well connected" in Birmingham.
Did the Starnes firm and other individuals in the Birmingham legal community help advance the career of a man who turned out to be a pedophile? Were taxpayers, through their support of Alabama's court system, forced to help fund this whole charade? Margie Burns paints a compelling picture that indicates the answer is yes. And her reporting is ongoing.
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