[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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