Judge Robert Vance may have ordered Attorney General Troy King to take control of Gov. Bob Riley’s Task Force on Illegal Gambling, but Riley and task force commander John Tyson are not going down without a fight. They have vowed to appeal the ruling.
In the 13-page order issued March 8, Vance, a Jefferson County circuit judge, ordered King to “come in off the sidelines” and assume “direction and control” of the task force’s law enforcement and litigation activities. The ruling stemmed from a highly debated 2009 Lowndes County casino raid and subsequent court case, which eventually led to the Alabama Supreme Court’s November ruling that listed six characteristics for legal bingo.
In his order, Vance said, “The attorney general has — for whatever reason — assumed a curious stance. While complaining of the governor’s actions in the (Alabama) Supreme Court and in the media, the attorney general has made no effort to defend the state’s interest in these cases. He is under a duty to do so.”
Although Vance admitted he cannot dictate what King will do, he instructed King to “advise the court and the parties of his position” by March 22.
Riley called Vance’s ruling “judicial activism at its worst.”
“The law of Alabama clearly gives the governor the authority to designate certain active and retired district attorneys to appear in cases anywhere in the state, but Judge Vance has invented an additional requirement that the attorney general must give advance approval before they can participate in such cases. That may be what Judge Vance thinks the law should be, but that is not what the law is. Judge Vance has clearly exceeded his authority in legislating from the bench,” Riley said in a statement.
He noted that rulings like this, which seek to remove the task force’s legal powers, and local officials’ and casino owners’ attempts to “stymie law enforcement, fly in the face of what the Supreme Court has repeatedly ruled.”
Riley expressed frustration with King’s “willingness to let some casino bosses ignore the law” and said, “[this] order will make the problem worse, not better. The reason the task force exists is to ensure that Alabama’s laws against slot machine gambling are enforced equally in every county. Judge Vance’s ruling will allow the attorney general to decide in secret where the law will be enforced and where it will not. … That’s a recipe for disaster.”
Tyson said, “Everyone in Alabama who believes in the rule of law should be frightened by Judge Vance’s ruling. In an earlier appeal in this same case, the Supreme Court rejected the same argument on which Judge Vance bases his ruling. The Supreme Court has already indicated that the lawyers appointed by the governor have full authority to handle these cases, but Judge Vance apparently thinks his personal view trumps the Supreme Court.”
Tyson added that situations like this prove that illegal gambling corrupts the state’s governmental system and undermines the rule of law.
“Our system requires that trial judges follow the rulings made by the Supreme Court,” he said. “We have a problem right now in Alabama with some trial judges refusing to obey the Supreme Court, and all of these situations arise in gambling cases. It is further proof that illegal gambling corrupts our system of government.”
Todd Stacy, Riley’s press secretary, said Riley and King met for more than an hour March 10 with no staff in attendance. Neither Riley nor King had commented on the details of the meeting by press time. The purpose and result of the meeting is unknown.
King has repeatedly expressed disapproval of the task force’s actions, even going as far as threatening to take over it. So far, he has not acted upon his warnings.
Eric Johnston, president of Citizens for a Better Alabama, said King has an obligation to protect the issues of the state. Yet Johnston believes pro-gambling forces will be issued a significant victory if King does take over the task force.
“If you can neutralize the task force and the attorney general does not prosecute, slot machine bingo can continue operating,” he said.
Johnston said the remaining question is “What do you do if the attorney general is not doing his job?”
“These are crimes that are being committed,” Johnston said. “They are violating Alabama statutes. … These cases are being decided in a court of law. The task force is following the proper way to do it. The attorney general is the one not doing his job.”
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