Case: 15-10295

Date Filed: 01/29/2015

No. 15-10295-C

Page: 1 of 8

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

Luther Strange, Attorney General,

Defendant-Appellant,
vs.
Cari D. Searcy, et al.,
Plaintiffs/Appellees

On appeal from the United States District Court

for the Southern District of Alabama
No. 1:14-cv-208-CG-N

TIME-SENSITIVE MOTION OF ALABAMA PROBATE JUDGES

ASSOCIATION FOR LEAVE TO APPEAR AS AMICUS CURIAE
IN SUPPORT OF MOTION OF ATTORNEY GENERAL LUTHER
STRANGE FOR STAY
(RULING REQUESTED BEFORE FEB. 9, 2015)

Algert S. Agricola, Jr.

Ryals, Donaldson & Agricola, P.C.
60 Commerce Street, Suite 1400
Montgomery, AL 36104-3562
Telephone: (334) 834-5290
Facsimile: (334) 834-5297
aagricola@rdafirm.com
Attorney for Alabama Probate Judges
Association
January 29, 2015

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Strange v. Searcy
Appeal No. 15-10295-C

CERTIFICATE OF INTERESTED PERSONS

AND CORPORATE DISCLOSURE STATEMENT
The Alabama Probate Judges Association, pursuant to 11th Cir. R. 26.1-1,
hereby furnishes this complete list of the trial judges, all attorneys, persons,
associations of persons, firms, partnerships, or corporations that have an interest in
the outcome of the particular case or appeal, including subsidiaries, conglomerates,
affiliates and parent corporations, including any publicly held corporation that owns
10% or more of the partys stock, and other identifiable legal entities related to a
party:
1.

Agricola, Jr., Algert S., Attorney for Alabama Probate Judges

Association (APJA)

2.

Alabama Probate Judges Association

3.

Allen, Wes, Probate Judge, Pike County, Alabama, APJA Treasurer

4.

Brasher, Andrew L., Solicitor General

5.

Davis, James W., Assistant Attorney General

6.

English, Bill, Probate Judge, Lee County, Alabama, APJA Vice

President

7.

Granade, Hon. Callie V. S., United States District Judge

8.

Hernandez, Christine C., attorney for plaintiffs

9.

Howell, Laura E., Assistant Attorney General

C-1 of 2

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Strange v. Searcy
Appeal No. 15-10295-C

10.

Kennedy, David G., attorney for plaintiffs

11.

McKeand, Kimberly, plaintiff

12.

Mitchell, Terry, Probate Judge, Coosa County, Alabama, APJA

President Emeritus

13.

Norris, Greg, Probate Judge, Monroe County, Alabama, APJA President

14.

Paluzzi, John Earl, Probate Judge, Pickens County, Alabama, APJA

Secretary

15.

Searcy, Cari D., plaintiff

16.

Strange, Luther, Attorney General

s/ Algert S. Agricola, Jr.

Algert S. Agricola, Jr.
Attorney for Alabama Probate Judges
Association

C-2 of 2

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Date Filed: 01/29/2015

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TIME-SENSITIVE MOTION OF ALABAMA PROBATE JUDGES

ASSOCIATION FOR LEAVE TO APPEAR AS AMICUS CURIAE
IN SUPPORT OF MOTION OF ATTORNEY GENERAL LUTHER
STRANGE FOR STAY
(RULING REQUESTED BEFORE FEB. 9, 2015)
Comes Now the Alabama Probate Judges Association (APJA), by and
through counsel, and hereby moves this Honorable Court to grant it leave to appear
in this matter as amicus curiae for the limited purpose of supporting the motion filed
by Attorney General Luther Strange for stay of the Order entered by the U.S. District
Court for the Southern District of Alabama on January 23, 2015, pending the appeal
in this matter or the release of the decision by the Supreme Court of the United States
in the cases in which it recently granted petitions for writ of certiorari raising issues
similar to those raised in this case. See, James v. Hodges, Supreme Court No. 14-556,
Order dated January 16, 2015; see also cases 14-562, 14-571, and 14-574. In support
of its motion, APJA shows as follows.
INTEREST OF AMICUS CURIAE AND REASONS
TO GRANT THE MOTION FOR STAY
APJA is a private association whose members include all 68 of Alabamas
Probate Judges. APJA, through its Executive Committee, has authorized the filing
of this motion because of the importance of the issues presented by the Attorney

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Generals motion for stay on their ability to administer their statutory responsibility
to issue marriage licenses.
In Alabama, no person may marry without a license. ALA. CODE 30-1-9. The
probate judge is responsible for issuance of marriage licenses. Id. Further, the
probate judge is required to prepare and forward a record of each marriage performed
to the Office of Vital Statistics. ALA. CODE 22-9A-17(a). The probate judge shall
complete the record ... upon the basis of information obtained from the parties to be
married. ALA. CODE 22-9A-17(b). The probate judge is required to forward to the
Office of Vital Statistics ... on or before the fifth day of each calendar month the
records of marriage returned to the judge of probate during the preceding calendar
month. ALA. CODE 22-9A-17(d).
Thus, Alabama probate judges play a central role in authorizing and properly
documenting marriages performed in Alabama. The interest of APJA as amicus
curiae in the Attorney Generals motion for stay of the district courts Memorandum
Opinion and Order is that of the key public official charged by law with the
responsibility to administer Alabamas laws regarding the issuance of marriage
licenses. Specific details describing the process for performing these roles are
embodied in statutes enacted by the Alabama legislature, in some cases, as early as
1852, and through various amendments enacted numerous times over the years.
2

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Should this Court determine not to extend the stay imposed by the district court, it is
not reasonable to expect that fundamental changes to the administration of Alabamas
marriage laws can be uniformly and efficiently implemented in probate offices
between the date this Court rules and February 9, 2015, without mass confusion in
probate offices across the state of Alabama. There has been no opportunity to train
probate office personnel concerning these changes. APJA believes there is a need for
clarity and certainty in the law.
Further, APJA believes that the recent decision of the Supreme Court of the
United States to hear cases this term in which issues similar to those raised in this
case will be decided is a substantial reason why this Court should grant the stay as
requested by the Attorney General pending this appeal or the decision of the Supreme
Court. Issuance of a stay is in the public interest because a stay would avoid
substantial confusion in the administration of Alabama laws relating to the issuance
of marriage licenses should the Supreme Court rule in a manner consistent with the
Attorney Generals position in this case. Granting a stay will not harm the plaintiffs
in this matter but will only preserve the status quo pending consideration of these
issues by the appellate courts.

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CONCLUSION
WHEREFORE PREMISES CONSIDERED, APJA submits that its motion for leave to
appear as amicus curiae to support the motion of Attorney General Luther Strange
for stay of the district courts Memorandum Opinion and Order is due to be granted.
APJA further submits that the motion filed by Attorney General Strange for stay as
above set out is due to be granted.
Respectfully submitted this 29th day of January, 2015.

/s Algert S. Agricola, Jr.

Algert S. Agricola, Jr.
OF COUNSEL:
RYALS, DONALDSON & AGRICOLA, P.C.
60 Commerce Street, Suite 1400
Montgomery, AL 36104
(334) 834-5290 P
(334) 834-5297 F
aagricola@rdafirm.com

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CERTIFICATE OF SERVICE
I hereby certify that on January 29, 2015, I electronically filed the foregoing
with the Clerk of the Court using the electronic filing system, which will serve
electronic notice upon the following participants:
Luther Strange
Andrew L. Brasher
Office of the Attorney General
501 Washington Avenue
Montgomery, AL 36130
smclure@ago.state.al.us
abrasher@ago.state.al.us
Christine C. Hernandez
P.O. Box 66174
Mobile, AL 36660
christine@hernandezlaw.comcastbiz.net
David Kennedy
P.O. Box 556
Mobile, AL 36601
david@kennedylawyers.com

Respectfully submitted,

s/ Algert S. Agricola, Jr.

OF COUNSEL