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General News    H3'ed 9/7/10

Who Really Is Acting With Racist Motives in Alabama?

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Roger Shuler
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What conclusions can a reasonable person draw from this? Here is what we conclude:


* Kenya Lavender Marshall, a black female, had no criminal charges but received a suspension that is twice as long as three white male lawyers who had a combined 10 guilty pleas.


* Kenya Lavender Marshall, a black female, was punished in a time frame that was way less than half of that used in a case involving three white male lawyers.


* Why was Kenya Lavender Marshall, a black female, investigated and punished so quickly, compared to three white males charged in a similar case? Was it because she is black? Was it because she was running as a judge against a white candidate who had been appointed by Republican Governor Bob Riley, who is white? Was it because she soundly beat the white candidate, the one endorsed by the Jefferson County legal establishment, in a primary election? Was it because no Republican candidate qualified for the race, so Marshall had a clear path to being seated as a judge?


In our view, the answer to all four questions is yes. We don't see how a reasonable person could come to any other conclusion.


What to make of this? We thought it made sense to get Robert "Coach" Hayes' thoughts on the matter. After all, he knows what it's like to face charges similar to those leveled against Marshall. Since serving his two-year suspension, Hayes has been able to rebuild his legal career. He now is the chief partner in the Birmingham firm ofHayes Jackson Weaver and McKinney. When contacted at his office yesterday, Hayes said he did not want to comment on the Marshall case or the Alabama State Bar.


We have no qualms commenting about the Alabama State Bar. In our view, the evidence is overwhelming that it is a racist organization that is willing to be used as a political tool. Thanks to the veil of secrecy surrounding the Alabama State Bar, we don't know about the validity of the charges against Kenya Lavender Marshall. It's possible she deserved some form of punishment.


But the record is clear that she was treated much more severely than three white comparators. And the record is clear that her case was handled much more quickly than a case involving three white comparators. That indicates the Alabama State Bar was acting with racist and political motives.

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I live in Birmingham, Alabama, and work in higher education. I became interested in justice-related issues after experiencing gross judicial corruption in Alabama state courts. This corruption has a strong political component. The corrupt judges are (more...)
 
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