News Release
Access and Visitation Committees

I wonder how many Americans believe that America is a democracy? How many believe that citizens exercise their right to vote on the elected officials that eventually write our laws? How many understand what the "Separation of Powers" means for the preservation of democracy?

The Alabama Supreme Court again usurps the power of the legislature. Before anyone knew what was happening the Alabama Supreme Court appointed several members of the Alabama Bar and others to what they are calling the Alabama's Advisory Committee on Access and Visitation.

The Committee is seeking written comments from groups and individuals concerning non-custodial parent's access and visitation of their children. The Committee, chaired by Circuit Judge Hershel Hamner, 6th Judicial Circuit, Tuscaloosa, Alabama, plans to use public input to establish priorities for the new access and visitation grant program.

The grant program provides the flexibility in designing and operating the access and visitation projects. Activities can include-but are not limited to-mediation, counseling, education, development of parenting plans, visitation enforcement, and development of guidelines for visitation and alternative custody arrangements.

The disturbing aspect of the Committee's illegal activities is that the guidelines will be in the form of court rules that have the same force and effect as statute law. Judges are free to manipulate and rewrite rules of court at will. Court rules will always be written and manipulated in favor of unscrupulous lawyers and judges. For example, the judge made rule "Motion to Dismiss," denies thousands of distressed parents their day in court.

The Alabama Administrative Office of Courts says, "At the request of Governor Fob James, Chief Justice Perry O. Hooper Sr., authorized the Administrative Office of Courts to administer this grant program. This year, Alabama received $176,000 for access and visitation programs. We anticipate that this will be a continuing program and Alabama will receive a similar amount each year," said Frank Gregory, administrative director of courts. "Encouraging the involvement of both parents for the well-being of our state's children is essential."

My question to Governor Fob James is, "Did you really authorize Chief Justice Perry O. Hooper to appoint the above illegal Committee?" My question to Chief Justice Hooper is, "Why do you tell the honest, hard-working people of Alabama that you support and uphold the Alabama Constitution and then violated the Separation of Powers doctrine?"

While the Birmingham Chapter of the National Congress for Fathers and Children applaud the minimum efforts, the self-righteous judges of Alabama offer too little, too late. The judges efforts are grossly misplaced and violate constitutional law.

The biggest obstacle facing non-custodial parents in court today are the judges themselves. Jefferson County Circuit Judge Gary Pate, recently stated on prime time TV news, "I will not hesitate to enforce child support orders, but because visitation is a matter of the heart, I cannot enforce visitation orders." Get serious Governor James, Justice Hooper and Mr. Gregory, do the citizens of Alabama need cronies like Judge Pate writing laws on access/visitation?

Alabama judges need a Committee for sure, but the primary purpose of an advisory committee, made up of lawyers and judges, should be to study ways to ensure Alabama judges rule impartially, without bias and truly have the best interest of children in mind. Experience shows that most judges rule in favor of their best lawyer buddy or the mother. Most judges do not have the foggiest idea what is the best interest of children and totally disregard the children' safety and health. Examples are readily available and personal testimony from the victims cry out to be heard.

To the judges of Alabama, continue to form your committees, but please form them legally and get your own house in order. I request you leave the business of writing access/visitation laws to my elected representative. While you clean your own house, demand that lawyers get out of the legislature and turn the government back to the people so we may have a government Of the people, By the people and For the people and not by a "special interest group" called The Alabama Bar.

Written comments may be addressed to the

Access/Visitation Program
Administrative Office of Courts
300 Dexter Avenue
Montgomery, Al 36104-3741
aoc@alalinc.net
Phone 334-242-0300
Fax 334-242-2099

NEWS UPDATE - After publication of the above e-mail address on this page, all e-mail addressed to the above has been return - recipient unknown.

cc: Governor Fob James, Jr.
P.O. Box 302751
Montgomery, AL 36130-2751
1-800-289-9228

Chief Justice Perry Hooper, Sr.
300 Dexter Avenue
Montgomery, Al 36104-3741

Judge Hershel Hamner
6th Judicial Circuit
Tuscaloosa County Courthouse
Tuscaloosa, Alabama
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