Law Offices of Brian Turner LLC

Archive for April, 2011|Monthly archive page

Bi-Partisan Web Privacy Bill Proposed

In Legal News on April 14, 2011 at 2:30 pm

Senators John Kerry (D) and John McCain (R) have proposed an internet privacy bill to the United States Senate that would seek to protect consumer information on the internet.  The bill is backed by the Obama administration and a similar bill has been introduced in the House of Representatives. 

The bill, if passed and enacted, would require companies like Facebook and Google to explain how they collect personal information from users, how and when they share such information, and will make it more difficult for targeting internet users by advertisers. The bill would require consumer consent before information about a user could be collected.  The Federal Trade Commission, which would be in charge of enforcing the law if the bill is passed and enacted, had sought stronger restrictions and a “do not track” mechanism similar to the do not call registry.  Though no private lawsuits would be permitted under the law, the FTC could fine companies up to $3 million for violating the law. 

Senator McCain was quoted in today’s Washington Post as stating, “Consumers want to shop, browse and share information in an environment that is respectful of their personal information. Our legislation sets forth a framework for companies to create such an environment and allows businesses to continue to market and advertise to all consumers, including potential customers.” 

While consumer advocates would prefer even stronger measures, this bill is a good start to providing much needed protection of personal information in the fast changing worlds of internet commerce and social media.

Major Challenge to Alabama Property Tax System Moves Forward

In Uncategorized on April 6, 2011 at 12:47 pm

A lawsuit claiming the State’s property tax provisions violate the Equal Protection Clause of the U.S. Constitution is playing out in Federal Court.   The trial has taken place between courtrooms in Huntsville and Birmingham, and has been long on historical context and suggestions of racially motivated policy making. 

The case was filed by families of both black and white students from rural counties.  The plaintiffs have argued that the current system, under which timber and farm lands are taxed at taxed well below fair market values, discriminates against rural areas and leaves schools in those poorer communities underfunded.  Lawyers defending the process argue that public school funds are fairly distributed and that the system gives communities the opportunity to put property tax increases in front of voters by referendum.  One area of agreement on both sides – Alabama’s property taxes are the lowest in the country. 

Politicians who were involved in the establishment of the current system, including former governor Albert Brewer, have testified regarding the interests that came into play in establishing the current property tax system.  Governor Brewer, who stated he would not have enacted the policy that was established had he been re-elected in 1970, testified that he never heard any politicians citing race as the grounds for establishing the property tax system. 

The trial, which is taking place in Birmingham this week, is expected to return to Huntsville and continue through next week.  If the plaintiffs prevail, they are asking the federal judge hearing the case to give the Alabama Legislature a one year window in which to develop a new property tax code.  More information on this lawsuit can be found on AL.com.

More Court Cutbacks Facing Jefferson County

In Uncategorized on April 4, 2011 at 11:28 am

With a combination of cutbacks mandated by the Administrative Office of Courts and the never-ending battle over Jefferson County’s finances, the court system in Jefferson County is bracing for loss of services and delays that will affect everyone in the County. 

The Birmingham News and AL.com have been covering the pending budgetary woes facing the courts and numerous articles and opinion pieces have detailed the grim picture.  The Jefferson County Family Court will likely lose court referees who hear over 17,000 cases per year.  Bailiffs and security personnel will be cut.  Unlike in years past, the courts are not able to look to the County Commission for help – the County is struggling to avoid bankruptcy in light of the sewer debt debacle and the loss (again) of the occupational tax.  There is a likelihood of fewer weeks for jury trials and even discussions of closing the courthouses one day per week.  Back-ups in the criminal dockets will likely lead to more jail overcrowding.  People with civil lawsuits and divorce cases will have to wait even longer than normal for their cases to be reached if they cannot find ways to resolve them outside of the court system.   

The Birmingham News reported on Sunday, April 3, that the Jefferson County Commission is seeking limited home rule to allow it to enact tax increases and remove earmarks from current taxes to help meet funding shortfalls.  Under the Alabama Constitution, only the legislature can increase taxes.  So far, there has been no agreement from the County’s legislative delegation on how to help the County Commission move forward in fixing its funding problems.  This leaves the courts looking for new avenues of revenue – including the possibility of increased filing fees.  While these budgetary woes grow, the volume of cases our courts are handling continues to be staggering. 

The Alabama Administrative Office of Courts reported that last year in Jefferson County (Birmingham and Bessemer) the following NEW cases were filed: 

-          Circuit Court Criminal – 7,501

-          Circuit Court Civil – 9,681

-          District Court Criminal – 19,452

-          District Court Civil – 11,292

-          Small Claims – 16,369

-          Domestic Relations (Divorce Courts) 4,938 (3,838 new cases; 1,100 modifications)

-          Juvenile Cases – 5,599

-          Child support cases (Family Courts) – 5,221

This does not address matters that were already pending in the courts prior to these new filings.   

While volunteer mediation programs exist to help the small claims and divorce courts in Birmingham, these programs are limited and can only go so far to help with the backlog of cases in the County.  As the gridlock between the County Commission and the Alabama Legislature continues, the courts have begun announcing layoffs.  Difficult times require creative solutions – hopefully our elected officials will take the steps necessary to insure the safe and efficient operation of our courts.  In the meantime, the lawyers and parties in civil lawsuits and family law cases need to look for avenues other than trials to resolve their cases as early, fairly and efficiently as possible to avoid the delays this budget crisis will bring.   

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