[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
RETIREMENT OF JUDGE JOSEPH PHELPS
Mr. HEFLIN. Mr. President, Alabama will lose one of its most
distinguished jurists next January when Montgomery Circuit Judge Joseph
Phelps steps aside. He has served as a circuit judge in Montgomery
County since 1976, and has earned a reputation over the years as being
thorough, fair-minded, and tough, all hallmarks of an outstanding
jurist.
Judge Phelps was an outstanding leader in Alabama's judicial reform
movement in the 1970's. His leadership in securing support for the
passage of the Judicial Article and its implementing legislation was
significant. He played a pivotal role in the educational effort of
getting judges and lawyers, court clerks, registrars, and all court-
related personnel to understand the new system. His planning,
explanation, and leadership brought about a smooth transition from the
old antiquated system to the new one. Alabama will always be indebted
to him for his many contributions to a vastly improved judicial system.
I ask unanimous consent that an article summarizing Judge Phelps'
life and career appearing in the March 9, 1994 edition of the
Montgomery Advertiser be printed in the Record following my remarks. I
extend my best wishes to Judge Phelps on a happy and healthy
retirement, and, as he promises, one that finds him active in the
community and in legal circles.
There being no objection, the article was ordered to be printed in
the Record, as follows:
[From the Montgomery Advertiser, Mar. 9, 1994]
Phelps Retiring After 17 Years on Bench
(By Matt Smith)
After more than 17 years on the bench here, Montgomery
Circuit Judge Joseph Phelps said Tuesday that he will step
down at the end of his term in January.
``I think I've concluded that it's time for sort of a
change,'' said the 50-year-old jurist, who has served as a
circuit judge in Montgomery County since 1976. ``I'm not
tired, I'm not going to retire as such. I'm just going to be
available, looking for ways to continue to serve our
community.''
Judge Phelps and his wife, Peggy, have a farm in south
Montgomery County, but ``I'm not looking to do a lot of
playing,'' he said. ``I'm going to continue to work. I don't
believe I'd be happy not working.''
Judge Phelps announced his retirement in a brief statement
``after much thought and prayer.''
``He will be missed,'' Montgomery County Court
Administrator Bob Merrill said. Since retired judges are
often pressed into service for special dockets, ``He may not
be gone for long,'' Mr. Merrill said.
Judge Phelps was appointed as a special circuit judge in
1976, then elected in his own right later that year. During
his tenure, he earned a reputation as a tough but fair judge;
said Montgomery City Attorney Thomas Tankersley, who spent a
year as Judge Phelps' law clerk.
``They all respected him because--good or bad--he would
make a fair decision and make it right down the line,'' Mr.
Tankersley said. ``That's what you have to ask from a judge.
``I know he ought to look forward to this,'' Mr. Tankersley
said. ``I know he did a great job on the bench and has served
the citizens of this county well.''
Judge Phelps is known around the courthouse for handing
down stiff sentences in cases involving violent crimes, but
said he would like to work with plans to develop community
corrections programs in the state.
With the increasing caseload state judges face, ``We have
to be sensitive to alternatives to incarceration for
nonviolent offenders,'' he said.
Violent offenders ``need to be dealt with swiftly and
surely. But with your nonviolent property offenders, we need
to look for ways to deal with them more effectively than we
do now.''
Other projects he would like to take on include alternative
dispute resolution programs and law-related education. He
helped found law awareness programs in Montgomery schools and
served as dean of the Jones School of Law from 1968 to 1972.
He said the increasing number of cases, both civil and
criminal, is the single biggest change he has seen during his
three terms in office. ``It's changed a lot since we came to
the unified court system (in 1976). It's gotten more
efficient, more businesslike . . . with a volume that seems
to be ever-increasing.''
Judge Phelps said he made the announcement Tuesday in order
to give candidates considering a run for his seat a chance to
qualify. The announcement surprised many in the courthouse,
where one regular noted Tuesday that Judge Phelps' planned
department could be the first of several openings on the
Montgomery County bench;
Circuit Judge Gene Reese is a candidate for a seat on the
Alabama Supreme Court, and Circuit Judge Richard Dorrough has
announced his candidacy for a seat on the Alabama Court of
Civil Appeals.
Circuit Judge Charles Price repeatedly has been mentioned
as a possible nominee for a planned federal judgeship.
Two other circuit judges, Randall Thomas and John Davis,
and two district judges, Sally Greenshaw and Craig Miller,
face re-election this year.
Judicial turnover here would be significant because
Montgomery County, as the seat of state government, is where
government agencies bring their grievances to court.
A 1958 graduate of the University of Alabama law school,
Judge Phelps served as an assistant attorney general from
1958 to 1961, as an assistant city attorney from 1969 to
1973, and as acting dean of the state's judicial college from
1978 to 1979.
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