Conaway Rules OKAY For The City of Dothan To Violate The Law

Rickey Stokes

Viewed: 3454

Posted by: RStokes
Date: Oct 05 2016 12:21 PM

HOUSTON COUNTY:    20th Judicial Circuit Court Judge Mike Conaway has ruled it is OKAY for the City of Dothan to violate the laws of the State of Alabama.

In the case of Dothan Commissioner Amos Newsome, Conaway denied Newsome's Motion To Dismiss his case in that the City of Dothan did not appoint the Acting Municipal Court Judge legally.

Conaway cites in his ruling " Alabama Code Section 12-13-34 does not specifically authorize the City Manager to appoint a Special Municipal Judge".

That law in fact states the Mayor "shall appoint". Shall means it is non delegatable and the appoint "shall", has to be made by the Mayor. No one else has that authority.

Conaway goes onto the cite past court rulings which recognize "De Facto Officer Doctrine". Conaway pens "this doctrine would confer validity upon the acts of a Special Judge preceding under the color of official title, even if the propriety and legality of that appointment is deficient".   Under this doctrine a de facto Judge occupies a judicial office with credentials established under color of authority pursuant to an appointment. During the time the Special Judge performs duties he is presumed to have public approval, even though his actual authority is statutorily deficient. Here the municipal judge was a Judge de facto.

So, according to Judge Conaway, even though the City of Dothan violated the law and did not appoint the Acting Municipal Judge "legally", it is OK. Because he wore a black robe, sit in the courtroom, and acted as a legal judge, it is presumed that he was a legal judge.

According to Conaway, it matters not that the appointment was not legal, did not follow the law, the Judge "appeared" to look as if he was a legal judge.

So the next time, I guess according to Judge Conaway, the janitor could appoint someone to be Acting Municipal Judge, and if he appeared to look legal, then he is OK and all fine.

But you let a individual not follow the law, Conaway would pop his rear end. And he would not take the answer, well it looked legal, so them you must presume that it is legal.

Judge Conaway, if someone must follow the law that comes in your courtroom, how in good conscience can you make such a ruling just because they are the City of Dothan?

If a citizen must follow the law, why does the City of Dothan not have to follow the law? What is the difference Judge Conaway? Your ruling is the City of Dothan is above following the law.

 

Newsome Conaway Ruling Fair Trial by rickystokesnews on Scribd

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