Givan asks Alabama Supreme Court to Force Ruling

TL;DR: State Rep. Juandalynn Givan has asked the Alabama Supreme Court to require Jefferson County Circuit Judge Chuck Price to rule on pending matters in her challenge to Alicia Escott Lumpkin’s eligibility for House District 60. Givan says she is not asking the high court to decide the case for her, but to force rulings that would allow her to seek appellate review before the November election.

State Rep. Juandalynn Givan (D-Birmingham) is asking the Alabama Supreme Court to intervene in her election dispute and require a Jefferson County judge to rule before the November election overtakes the case.

Givan announced Saturday that she filed a petition for a writ of mandamus directed at Jefferson County Circuit Judge Chuck Price. The move stems from her challenge to the eligibility of Alicia Escott Lumpkin, who defeated Givan in the May Democratic primary for Alabama House District 60.

The circuit court heard the case June 11. More than three months later, Givan says motions to dismiss, her request for discovery and her motion asking Price to recuse himself remain unresolved.

“The November election is approaching,” Givan said in her Sept. 26 statement. “Without written rulings, I cannot seek meaningful appellate review of those issues.”

Givan stressed that she is not asking the Alabama Supreme Court to decide the underlying dispute or order Price to rule in her favor.

“My petition asks the Alabama Supreme Court to require rulings on the pending matters, including discovery,” Givan said. “It does not ask the Supreme Court to decide how Judge Price must rule or to order those records produced.”

The legal fight began after Lumpkin defeated Givan in the May 19 Democratic primary. According to official Jefferson County election results, Lumpkin received 52.26% of the vote, while Givan received 33.54%.

Givan’s challenge does not dispute the vote count. Instead, she has questioned whether Lumpkin was legally qualified to run because of her employment with Birmingham Mayor Randall Woodfin’s administration.

As BirminghamWatch reported when the lawsuit was filed, the dispute centers on when Lumpkin ceased being a city employee and a provision governing whether members of the Birmingham mayor’s staff can seek elected office.

According to the Code of Alabama, “No person employed in one of these staff positions (in the Birmingham mayor’s office) shall run for elected office while so employed.”

Givan has sought pay stubs, payroll records, information technology records and specific human resources documents that she says could help settle the disputed facts.

Following the June hearing, Givan also filed a motion asking Price to recuse himself. That motion has not been decided, according to Givan.

“One of the first questions people asked me was whether Judge Price would rule fairly and impartially,” she said. “They still ask. My answer then, and even today, is that I take a man at his word until he shows me otherwise.”

Givan said that if her recusal motion is denied, she should at least have the chance to appeal the decision.

The 16-year Alabama lawmaker and 22-year member of the Alabama State Bar said the continued delay has shaken her confidence in the process.

“I have waited patiently and respectfully before a court of competent jurisdiction, believing that Lady Justice should be the only person in the courtroom wearing a blindfold,” Givan said.

“But I must be honest: in this case, I do not feel that the respect I have shown the court has been returned,” she continued. “The continued absence of a ruling has disheartened me and shaken my spirit as an attorney.”

With November drawing closer, Givan says she simply wants a decision — regardless of which way Price rules.

“If the answer is no, put it in an order. If the answer is yes, put it in an order,” Givan said. “Do not let the calendar decide this case through silence.”

Rep. Givan’s statement is attached below: