Month: February 2017

Be aware CSX Railroad will start a rail maintenance project in our area the week of March 6 2017.

This rail maintenance work will begin in the Coosada area and while the work on the rail itself will not interfere with vehicle traffic flow ,the maintenance taking place at each of these crossings will.

We understand each of these crossings will be closed for a period of time at some point after March 6 2017.

Prattville Junction

Rogers Dr

Coosada Rd

Pecan Grove Rd

Private Crossing

Gas Plant

Gaddis Dr

Lucky Town Rd/ Fire Station Rd

Cypress Rd /CR 40

CR 7/Deatsville Hwy

Alpha Springs Rd/CR 85

Thanks

Bart

Many weeks back the County Commission meeting that would normally be scheduled for next Monday night was rescheduled to Thursday 2-23-17 due to the majority for the Commissioners attending a conference.

This is the meeting agenda for the 2-23-17 meeting.

If you have any questions or comments please share them.

Thanks..Bart

Had a wonderful time at the Mardis Gras parade and festival in Millbrook. Lots of good fun and friends.

Big Thanks to the Millbrook Revelers and City of Millbrook for having such a great event.

Follow Up on the Probate Judge /Attorney Issue

Topic:

At next Monday night’s meeting, the Elmore County Commission is scheduled to hear from Judge John Enslen concerning proposed legislation with regards to qualifications of future candidates for probate judge. It is my understanding he will request the Commission support legislation to be placed on the ballot in 2018, in Elmore County. The proposed legislation would expand the powers of the Probate Judge in cases that originate in Probate Court and would also require starting in 2025 all future candidates for Probate Judge to be a license attorney.

First let me diffuse a rumor. The proposed legislation IS NOT asking the legislative delegation to introduce legislation that would actually mandate the probate judge be a licensed attorney. The proposed legislation if passed by the legislature would pose that question to the voters of Elmore county. If passed by the legislature the issue would be put to a vote in 2018.

Second, after reviewing the proposed legislation these are my best interpretations of the changes that would be enacted if the proposed legislation is passed by the legislature and approved by the voters.

1. Under current law, if a case is filed in Probate Court and during the proceedings certain legal issues arise that the Probate Judge cannot legally rule on, then a case has to be filed in Circuit Court and a Circuit Judge has to rule on that specific issue. Then the Circuit Judge’s ruling is sent back to the Probate Court case to proceed forward. The proposed legislation would allow the Probate Judge to rule on those issues and the case would be handled totally in Probate Court.

2. Since the powers of the Probate Judge would be expanded and similar to the authorities of a Circuit Judge, then any person elected Probate Judge would be required to be a licensed attorney.

The same changes in the proposed legislation have been given to the Probate Judge in 4 other counties in Alabama. As the representative of the people in District 4, I feel it is my responsibility in situations related to how the government “governs” or expands the powers of the government that the voters should determine the merits of the proposed changes and make the ultimate decision. However, we should exercise due diligence to ensure issues proposed are valid and prudent issues before putting through a lengthy legislative and ballot process.

These are my thoughts please share yours by contacting me HERE.

As you may or may not know, an Elmore County Commissioner has very, very limited powers to impose rules on the citizens of Elmore County and I don’t think that is a bad thing.

In order for there to be any action taken that relates to how a citizen is “Governed”, in general, it takes the County Commission to request those members of the State Legislature that represent Elmore County to introduce a Local Bill in the Alabama State Legislature and that entire body has to approve it.

Within the last business day Elmore County Probate Judge John Enslen has sent to the Commission a proposed Bill that would in-part mandate a Probate Judge be an Attorney in Elmore County. The way it is currently written, if approved by the State Legislature, this issue would be on the ballot for Elmore County citizens to vote on during the election of 2018.

Currently there is no mandate that the Probate Judge in Elmore County be an Attorney. A person that is an Attorney can run to be elected for that office as can a person that is not an Attorney can run and the citizens can choose who they want.

I have already sent Judge Enslen some questions and I will share the info when I get it.

This is not a new issue and has been discussed in public (prior to me being appointed to the Commission) for months which is why this topic is the most popular item people currently talk with me about in support of and in opposition.

I will post updates as I get additional information on things I am hearing from those on both side of the issue and am asking for your input.

What are your thoughts on this subject?  Contact me HERE.