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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 Generals motion
for stay on their ability to administer their statutory responsibility to issue marriage licenses.
2.
In Alabama, no person may marry without a license. A LA. C ODE 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. A LA. C ODE 22-9A-17(a). The probate judge shall complete the record ... upon
the basis of information obtained from the parties to be married. A LA. C ODE 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. A LA. C ODE 22-9A-17(d).
3.
Thus, Alabama probate judges play a central role in authorizing and properly
week without mass confusion in probate offices across the state of Alabama. Further, there
has been no opportunity to train probate office personnel concerning these changes.
4.
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 Courts Memorandum Opinion and Order [Doc.
53] should be stayed pending the decision of the Supreme Court. See James v. Hodges,
Supreme Court No. 14-556, Order dated January 16, 2015; see also cases 14-562, 14-571,
and 14-574. Issuance of a stay is in the public interest because it would avoid substantial
confusion 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 court.
W HEREFORE 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 this
Courts Memorandum Opinion and Order [Doc. 53] is due to be granted. APJA further
submits that the motion filed by Attorney General Strange for stay [Doc. 55] as above set out
is due to be granted.
Respectfully submitted this 25th day of January, 2015.
OF COUNSEL:
RYALS, DONALDSON & AGRICOLA, P.C.
60 Comerce Street, Suite 1400
Montgomery, AL 36104-3652
334 834-5290 P
334 834-5297 F
aagricola@rdafirm.com
CERTIFICATE OF SERVICE
I certify that on January 25, 2015, I electronically filed the foregoing document using
the Courts CM/ECF system which will send notification of such filing to the following
persons:
Christine C. Hernandez
P.O. Box 66174
Mobile, AL 36660
David G. Kennedy
P.O. Box 556
Mobile, AL 36601
Luther Strange
James W. Davis
Laura E. Howell
Office of the Attorney General
501 Washington Avenue
Montgomery, AL 36130
/s Algert S. Agricola, Jr.
Algert S. Agricola, Jr.