Tuesday, May 26, 2009

Vance may set bingo hearing for August or September

Jefferson County Circuit Court Judge Robert Vance Jr. indicated from the bench Tuesday afternoon he wants to set a date to start hearing evidence in the Walker County electronic bingo case, either the week of Aug. 10 or on Sept. 10-11.

Vance was also expected to set a hearing in two or three weeks on a narrowly focused area of the hours of operation of bingo halls in relation to the number of permits had. He said any resulting order would probably be an interim order that governs bingo until he makes his major decision on the legality of electronic bingo in Walker County.

District Attorney Charles Baker said he did not think that would throw off the main hearing if it was set in August or September.

Vance clearly wanted to move the overall matter to conclusion after months of delays. Even after attorney Earl Hillard asked the case be set in September because of other work, Vance said he was open to that but kept mentioning August as a potential time. He also noted he would may have a decision on a date as early as the next day.

"This case has been sitting around awhile. I'm at the point we need to seek closure on the issues presented in this case," Vance said, opening the hearing in his Birmingham courtroom to a roomful of attorneys.

He feels the matter can be addressed in an evidentiary hearing within 60 days, with the primary issues being whether bingo includes electronic bingo -- something he said would take expert evidence -- and whether the business model of a group of charities allowing a co-op to run the games for them is allowable under the law.

"I'm growing increasingly concerned because of time," Vance said at one point in the hearing. He said it was no one's fault that the case had dragged on, saying it was the "nature of the beast" for the legal process to be deliberate. Still, it frustrated him.

"I think everyone wants guidelines but it's been spinning its wheels for two years," he said, noting that was "gnawing" at him.

He agreed with attorney Herbie Brewer that he was being asked to "micromanage" the case in some respect and that he has expressed concern about that. He said the Legislature and the Walker County Commission also failed to act.

"I'm also serving as something of a quasi-regulator," Vance said, saying that is what the motion asks him to do, regardless of whether it was proper or not--and adding he would leave it to others to decide that. On continued arguments, he said lawyers could present evidence the judge did not have authority to act in some respects, noting in the past he has "been spanked by Montgomery for going out too far on a limb."

Vance also revealed he had also been appointed to be the judge in the White Hall bingo case, joking that he is "glutton for punishment" and that he might should stop answering calls from Chief Justice Sue Bell Cobb, who also asked him to take the Walker County case after another judge dropped out after several months.

He said he had "no strong feelings" on whether to take August or September, but he said he would try to have a scheduling order within a day or so.

Attorneys Thomas Carmichael and Charles Tatum Jr., who are involved in the issue of whether the Yerkwood Fire Department is getting their fair share of bingo funds, pleaded with Vance to accelerate their hearing. Vance said he wanted to hold a separate hearing on that matter because he might not could get all the bingo issues before him done in the main hearing. He also pointed out that the Yerkwood issue is a class action issue, which brings up more legal complications as Vance would have to determine class.

"I candidly admit I put it on the back burner," Vance told Carmichael.

Carmichael said millions of dollars were rolling into the county through bingo, with 80 percent of the profits going to operators, 10 percent going to charities and only 10 percent left to charities. Tatum argued he had been told lawyers representing the bingo interests had been trying from the outset to drag out the case as long as possible to allow operators to make as much money as possible.

Vance said a motion from Sheriff John Mark Tirey on determining how long a bingo hall can open each week could be delayed two or three weeks, noting it raises significant questions. However, he said he was not comfortable ruling on it as evidence should be heard in the matter.

The 75-minute hearing, like others before it, soon bogged down in legal detail as lawyers around the room make points on whether Vance had authority to make some rulings and whether the rights of charities were being trampled.

The issue of "status quo," which involved a temporary restraining order on adding new charities to the case, came up, and with some arguing that the order was given to prevent delays in the process of adding more charities or bingo halls as defendants. Some argued it was just an agreement and not an order.

Baker, who filed suit with the sheriff to get a legal determination on electronic bingo, said many of the issues were just side issues, and he pressed to get on with a ruling on whether electronic bingo is legal and whether the machines used are slot machines. He said those two issues were "98 percent of the things that concern me."

At the end of the hearing, the sheriff's attorney Bill Adair said he would make a motion to drop the status quo restraining order, although Vance was hesitant at this late stage to take that action on the idea it could open the door to more unseen problems.

Baker said he agreed to move to drop the order -- even though he questioned whether it actually existed -- on the idea that it would speed up the case. He said a solution could be found in agreeing that new charities would also agree to immediately join the case.

State Rep. Ken Guin, representing bingo charities, said the county commission made rules but rescinded them because of concern over the meaning of the status quo order. Guin said the judge could clarify the authority of the rules in reference to the authority of the county commission, which would allow the commission to set the rules.

At one point, one attorney attempted to convince Vance that the charities operated the games, not the operators of the co-ops. Vance pressed for what the operators do if the charities run the games. The attorney said the operators "run the bingo halls," which resulted in laughter in the courtroom. Bingo hall attorney Bubba Grimsley later noted different bingo halls have different models of operation, which the judge would need to look into.

Arguments also went into the legality of seven charities due to technicalities in filing paperwork and their location. There was discussion about charities moving from one bingo hall to another despite a restraining order, and whether bingo halls were enticing the charities with bonus payments. Adair said there were reports of photocopies of licenses being displayed and accidents occurring in the permitting process.

After more than an hour of mind-numbing discussion, Vance admitted to having his fill.

"I believe we'll stop now," Vance said to laughs in the room.

No comments:

Post a Comment