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Thomas Spencer
News staff writer
September 9, 2002

    In a new constitution, Alabama should grant more power to its governor, impose term limits on legislators, decrease the number of officials voters elect, and change the way it elects judges, advisers told a commission examining ways to improve Alabama's century-old constitution.

   On Monday, at the second in a series of four meetings being held around the state, the Alabama Citizens' Commission for Constitutional Reform heard suggestions from academics, former elected officials, and citizens on ways to modernize the three branches of government.

   The commission, organized by Alabama Citizens for Constitutional reform, is a nonpartisan 22-member panel led by Secretary of State Jim Bennett and composed of business owners, educators, pastors, lawyers and civic leaders.

   Its task is to gather information on needed improvements to the state's constitution. It will compile a report for the governor and the Legislature. The commission will not be drafting a constitution, but hopes the research and the variety of opinion its presents will lay the groundwork for a renewed push for a new constitution.

   Both candidates for governor have endorsed constitutional reform, but differ on how to go about it. Republican nominee Bob Riley advocates targeted amendments drafted by a commission, then voted on by the Legislature and the people. Democratic Gov. Don Siegelman favors a complete rewrite through a citizens' constitutional convention.

   In the morning session, former Alabama Supreme Court Justice Janie Shores told the commission that the judicial article was modernized in 1973, but that Alabama should consider moving away from the partisan election of judges.

   In recent decades, money from business and from trial lawyers has poured into judicial elections. Shores said the influx of money is damaging the credibility of the judiciary, creating the impression that justice is for sale.

   Almost all other Southern states have ended partisan elections, replacing them with nonpartisan elections, or a system like Florida's where judges are appointed and then stand for retention elections.

   In the executive branch, retired University of Alabama political scientist William Stewart and Auburn University at Montgomery political scientist Brad Moody both suggested the governor's office would benefit from additional powers, like a more effective line item veto.

   Currently, the Legislature can override a governor's line item veto by simple majority.

   The professors also suggested reducing the number of executive officials elected by voters, giving more authority and responsibility to the governor. The lieutenant governor, who is currently charged with presiding over the Senate, might be altered to a position more like the U.S. vice president, elected as a member of the governor's executive team.

   Jess Brown, a political science professor at Athens State University said the commission should consider changes to the legislative article to include a 12-year per chamber term limit on legislators. Brown also said that under a new constitution, citizens should be allowed to initiate ballot measures by petition.

   In the afternoon session, the commission heard from environmentalists, community activists, students, attorneys in support of a new constitution, plus several speakers opposed to a new constitution.

   Don Casey of Pleasant Grove said the rhetoric of the constitutional reform movement reeked of socialism. "This is all about raising taxes," he said.

   Future meetings of the commission will be held on Oct. 21 in Mobile and Dec. 9 in Auburn-Opelika.

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