Tuesday, June 7, 2011

No one left to guard the jailhouse . . .

On behalf of the attorneys of the State of Alabama, I would like to express my gratitude to the Alabama State legislature for its recent lawyer bail-out program.

It is cleverly disguised as the more popular Beason-Hammon Alabama Taxpayer and Citizen Protection Act , or simply the Alabama Immigration Act. I read Senate Bill 256. It may have been amended before being passed by the House, but I think it contains most of the basics.
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After perusing the legislation, sponsored by my Senator Scott Beason, I realized that perhaps I will be able to retire in a few years after all.

I cannot think of any previous single legislative act that creates more civil causes of actions, and more new criminal charges than the new (wink-wink) immigration bill.

And most of the new civil causes of action and criminal charges will not name illegal immigrants as parties. No, the parties will be law enforcement, landlords, businessmen, farmers, medical providers, school officials, and any number of other good, formerly law-abiding citizens who will need the assistance of legal counsel, lest they suddenly become felons.

And it is not just the accused that will need lawyers. The law provides that any person aware of a potential violation of the law may file a civil suit in the appropriate circuit court. A whole new world for those evil "trial" lawyers. This should be interesting. Any person aggrieved by a judge or a sheriff now has a claim to make against them if they just watch closely and hire a creative lawyer.

Most of the actions will be heard in Circuit Courts. The same Circuit Courts that have been forced to cancel weeks of trials for the remainder of the year due to a lack of funds. And the sentences imposed against illegal aliens for violation of this state provision must be served. In other words they must do time. The bill requires that all of the time be done in the State of Alabama Department of Corrections. State prisons, not local jails.

The same prisons that Circuit Judges have been told are full and to find something else to do with convicted felons who have actually killed, maimed, burgled, pushed or thieved.

Under this law, unless this provision was removed after the Senate passed it, it will be a crime to enter into any commercial transaction with an illegal alien. Listen up Wal-Mart, all convenience stores, automobile salesmen and the like. The money may look good, but law enforcement will have to come after you, because if they don't, they may be charged or sued themselves.

Landlords, real estate agents, insurance agents, watch out. You could be facing jail time, or at least a real hassle in court.

And anybody, sheriff or judge or government official of any kind who does not fully enforce this law is subject to all these penalties plus losing state funding for your department.

As excited as I am about the revenue prospect, I will miss my peaches and other fresh Alabama produce that must be picked by hand. But that's no big deal. I am sure the local farmers can find replacements.

I sure hope that the ACLU isn't successful in asserting those pesky constitutional issues that run throughout the legislation. That could really derail this gravy train.

There is one troubling phrase that I will have to research further. It keeps repeating that any "officer of the court" who inhibits the enforcement of this provision in any way will suffer the penalties set out.

Now who is it that I've heard called "officers of the court?"

Oh yeah. Attorneys.

Well dang.

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