Birmingham, Al (WIAT)  Should a Supreme Court justice have taken himself off the Greenetrack and VictoryLand cases in front of the court?

Governor Bob Riley and his Anti Gambling Task Force head John Tyson are claiming legal victory in the bingo wars and are apparently poised to raid VictoryLand even though the casino has shut down it's bingo machines.

But VictoryLand and Greenetrack are still waging the war of words.  The latest have to do with why Alabama Supreme Court Justice Glenn Murdock was assigned bingo cases and why Murdock didn't reveal past involvement with Greenetrack.

Meanwhile, the high court has appointed retired Justice Gorman Houston to investigate the allegations the Governor's Office got the case assigned to Murdock.

Greenetrack attorney Charlanna Spencer tells CBS42 "It is Greenetrack's position that Justice Murdock's prior representation of Greene County and his legal advice concerning electronic gaming and legislation creates a conflict of interest. While Greenetrack was aware that Justice Murdock had done legal work for Greene County, Greenetrack was not aware of the extent of his involvement in the negotiations, his work drafting legislation, and his prior legal advice to the County until recently. Justice Murdock, however, was aware of the extent of his involvement and Greenetrack believes he had a duty to comply with the Canons of Judicial Ethics. The justice has the duty to disclose or recuse."


Here's the statment from Greenetrack exec Nat Winn:
The Press-Register story about Glenn Murdock provides more proof that the attack on Greenetrack and other legal gaming operations is about politics and not about the law.

It’s a simple story. Greene County owns part of Greenetrack. As a lawyer for Greene County, Murdock helped establish the framework for electronic gaming in Greene County. He negotiated with a company that provides machines and financing. He negotiated with the other owners of the facility. He helped write legislation to establish the legality of electronic gaming. He told the Commission his work would bring “millions of dollars” to the county. He made an emotional plea to keep his contract. He even offered to cut his fees. But the County Commission decided to replace him. After he got to the Supreme Court, Murdock was in a position to get revenge. In empowering the governor and his taxpayer-funded storm troopers Justice Murdock is acting contrary to the legal advice lawyer Murdock provided Greene County.

Justice Murdock did this without informing any of the parties to the case of his conflict of interest or that he has a motive for revenge. To those who say we should have remembered sooner that lawyer Murdock played a central role establishing legal electronic gaming at Greenetrack, I say, shame on Justice Murdock for not being open and honest.

Justice Murdock did this knowing that the consequence of his actions and his silence would mean thousands of people in this poor county are out of work for no reason other than that a fired lawyer got his revenge and was not honest with people about his background. We may be out of work, but we still have our honor. Glenn Murdock cannot say the same.



Justice Murdock did this knowing that no court has ever ruled that electronic bingo is illegal at Greenetrack (or anywhere else with an appropriate constitutional amendment). The only people who say electronic bingo at Greenetrack is illegal are the governor, his spokesmen, his task force commander, and anyone who repeats their claim. Justice Murdock has allowed the governor to proceed with his personal vendetta against non-Indian gaming operations knowing that no hearing has even been held on the legality of our machines or the validity of our constitutional amendment.

It would be easy for this to be personal for me. After the raid on Greenetrack, one of the troopers Murdock authorized expressed regret at not having “drug [me] out the window [of my car] and drug [my] face down on the pavement.” But this has never been personal for me. It is about the law. We simply want fair and honest treatment. We now know this was not possible with Murdock participating in the case. Greenetrack and Greene County will do everything possible to make certain our rights are fully protected and Glenn Murdock is held accountable for his unprofessional and unethical behavior.

STATEMENT BY VICTORYLAND

The story in today’s Mobile Press-Register about Justice Glenn Murdock should sicken every Alabamian who believes our courts should be transparent, fair, and equitable. The idea that a Justice with conflicts and motives for revenge can write decisions or even participate in deliberations without disclosing the facts to parties in the case is completely contrary to what anyone with business before the Court should expect.

Others will decide if laws were broken or if the canons of judicial ethics were violated. It is astonishing that no one involved in these cases was informed by Justice Murdock that he negotiated with an electronic gaming machine company on behalf of Greene County (a bingo facility owner); that he prepared legislation for Greene County that would establish the legality of electronic gaming in the county; and that he was fired by Greene County as their attorney.

It is also essential to know if Murdock informed the other Justices of these matters and, if so, why he was allowed to participate in the bingo cases without disclosing his background to us. Murdock’s participation without prior disclosure in any bingo case, including those not directly involving Greene County case, raises serious questions of fairness. It is not unreasonable to believe the decisions rendered by the Court with Murdock’s participation need to be set aside and heard by Justices who have not been influenced by him. Unfortunately for other members of the Court, once the toothpaste is out of the tube, it is impossible to get it back in.

Citizens of Greene County, Macon County, Lowndes County, Houston County, and other areas are justified to wonder why their economic well-being was jeopardized by decisions decided with Justice Murdock’s participation without full prior disclosure. All Alabamians should wonder why any member of our highest court can be allowed to follow such seemingly low standards.
Attorneys for VictoryLand will meet with other parties who have been injured by the bingo decisions handed down by Justice Murdock and other members of the Court. Together we will determine how to insure our rights are protected and Justice Murdock is held to account.

Here's Friday's Associated Press Story.

MONTGOMERY, Ala. (AP) — The Alabama Supreme Court is responding to public allegations by saying it reassigned an electronic bingo case from one justice to another in the interest of judicial economy.

Tuscaloosa businessman Stan Pate had alleged the case involving VictoryLand's casino in Shorter was reassigned after the governor or his staff intervened.

The Supreme Court said in an order Friday that the case was reassigned in May from Justice Patti Smith to Justice Glenn Murdock because Murdock was already handling a similar case involving the White Hall Entertainment Center in Lowndes County. The decision by Murdock on July 30 cleared the way for the governor's gambling task force to raid VictoryLand.

The Supreme Court is using retired Justice Gorman Houston to investigate whether information about the decision was leaked before its release. Houston said Friday the court wants him to report his findings by Sept. 15, but he hopes to finish before then.



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