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Brian Kennedy
September 9, 2002

BIRMINGHAM - An audience of more than 50 state citizens listened intently as ideas of improvements to the state's 1901 Constitution were presented here Monday to the Alabama Citizens' Commission on Constitutional Reform.

   The citizens' commission, on which Jasper attorney Morris Savage is one of 22 representatives, held the second of its four scheduled meetings at the Linn-Henley Research Library in downtown Birmingham. The second session focused on the judicial, executive and legislative articles of the state Constitution.

   The commission is currently receiving input from citizens, scholars and professionals concerning various articles in the Constitution. Following its final December meeting, the commission will deliberate and make a recommendation to the governor and the state Legislature on how to approach constitutional reform issues.

   Dr. Bill Stewart, professor emeritus at the University of Alabama, pointed out one of the problems with the state Constitution will be addressing the commission.

   "The state Constitution, in its present form, is essentially unfathomable to the general citizen, due to its length and obscurity," Stewart said.

   The 1901 document, which has been amended 714 times over the past century, is the longest state constitution in the nation. Gov. Thomas E. Kilby recommended a group similar to the current commission in 1923, when he asked the Legislature to call a convention to replace the 1901 Constitution. He envisioned that a commission could lay the groundwork for reform, while soliciting citizens' views.

   In 1969, Gov. Albert Brewer persuaded the Legislature to create a commission. It actually drafted a model constitution, but the Legislature failed to act on it.

   According to speakers at Monday morning's commission meeting, the model could still be used today to address a number of the shortcomings in the state Constitution.

   In addressing judiciary articles, Dr. Bob Schaefer of the University of Mobile, indicated that by the upcoming fall elections only Alabama and Louisiana would remain as southern states who elected judges by partisan elections. A number of states now conducted non-partisan elections or appoint their judges through the use of a merit selection system.

   Savage, who holds great familiarity with the judiciary system as a local attorney, questioned the best possible scenario for an appointing committee.

   "I believe the most you can hope for is a committee of citizens with established integrity that could provide a list of qualified candidates from which the governor could appoint," said former Associate Justice Janie Shores of the Alabama Supreme Court.

   Justice Shores indicated that one of the greatest faults with the judiciary process has been the growing lack of citizen confidence, resulting from purported purchasing of the seat.

   "I thought about running in 1994 without raising a penny; just running on my record of 24 years. I had many tell me that would be unwise," Justice Shores said.

   On average, candidates for judicial positions can spend close of $400,000 during an election race. Many of those contributions come from trial lawyers, business interests, and even recently from the chambers of commerce in some states.

   In discussions of the executive and legislative articles, several speakers suggested a possible movement of the lieutenant governor's position from legislative to the executive branch - to serve in a position similar to a vice president would for the nation's president. Some even suggested that the pair run in tandem on the same ticket.

   Dr. Jess Brown, a professor at Athens State University, provided the commission with a list of items that could be implemented to enhance the efficiency of the legislative branch.

   Among the items were reducing the regular sessions from 105 to 90 calendar days, while increasing the working days from 30 to possibly 45 days. His report also called for ending the session by June 1, to allow for proper planning time for education and general budget recipients.

   Brown also suggested repealing Amendment 448, the Budget Isolation Amendment, and replacing it with a more Draconian provision that states if both budgets are not given to the governor by the conclusion of two-thirds the sessions' meeting days, then the governor could shut down the legislative activities.

   Another item would be the audio and visual recording of all floor proceedings and meetings of appropriations committees to provide a greater confidence from the general public. Brown's working paper also called for the Madisonian Perspective of legislative pay raises, in that no increases could be voted for the current term and a roll call vote would record all legislators' positions on pay raises.

   The report further called for imposing term limits of three terms, or 12 years, per Chamber.

   "Incumbents can raise so much more money that the quality and quantity of challengers drops significantly," Brown said. "In the business world, we can see how competition is healthy. In order to do the same in the political world, terms limits would open up additional opportunities for healthy competition."

  The citizens' commission next scheduled meeting is Oct. 21 in Mobile. The final meeting is set for Dec. 9 in Auburn-Opelika.

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