ARAB, Alabama – Marshall County Circuit Judge Howard Hawk is at the center of a controversy which has gripped an area known for friendly neighbors, idyllic landscapes, and small town values. Hawk, the presiding circuit judge in the county, ignited a firestorm in December 2010 when he suddenly deserted his Democratic party affiliation of over 20 years after his party experienced dramatic losses at the polls a month prior to his decision. Local Republican party officials swiftly rebuked the move, with executive committee members present unanimously voting to ask Hawk to not join the party.
'In remarks to the group, several members of the Republican Executive Committee cited Hawk's strong opposition to Republican candidates and hard work against them in the 2010 election as the reason they were against the party switch,' Marshall County Republican Chairwoman Jean Brewer said in a press release at the time. It also quoted Senator Clay Scofield on local opposition to Hawk, 'We must remain true to the principles of the Republican party.'
Shortly afterward, the head of the State GOP said Hawk was a Republican, at least for the time being. A local newspaper quoted the executive director of the Alabama Republican Party, John Ross, at the time. 'We don't prevent someone from switching parties,' he told the Arab Tribune. 'Anyone has that right. The state party's executive committee can review a challenge to someone being on the ballot, but now is not the time for that.'
He went on to state that only twice have challenges to ballot access been successful. 'Generally, the party likes to leave it up to the voters to decide it through the primary election process.' Despite the threat of a challenge, Hawk continued to pursue his re-election as a Republican. Many opposed the move because it appeared motivated by self interest rather than a change of ideals.
Opponents pointed to the judge's ultra liberal voting record during his time as a Democrat in the Alabama House of Representatives, when he consistently voted against pro-life legislation. Others point out that Judge Hawk provided the State Democratic Party with thousands of dollars in 'soft money' in 2009 and 2010 as proof he joined the Republicans for political expediency only after his fellow party members lost overwhelmingly in local elections.
Soft money is an indirect campaign contribution, made to a party committee instead of an individual candidate, in order to circumvent federal campaign finance regulations. The McCain-Feingold Act forbade political parties and some other organizations from raising soft money, but most organizations can still do so.
On January 14, 2012 local GOP Chairwoman Jean Brewer filed the necessary paperwork to challenge Hawk's access to the ballot as a Republican. Three days later, she was allowed to present her case to the Alabama Republican steering committee. Hawk, accompanied by Montgomery attorney Al Agricola, was also heard by the committee. Hawk paid Agricola $13,081.01 for his services. Based on the testimony presented by both sides, the steering committee voted to remove Hawk's name from the ballot.
Hawk initially said he had no plans to run as an independent candidate and also declined to appeal the steering committee's decision to remove him from the ballot. Yet again, Hawk reversed himself a few days later and announced that he was launching a ballot access petition drive. Despite previously testifying to the Alabama Republican steering committee that he was a Republican and that he would 'live or die with that decision' while adamantly denying any intent to run as an independent, Judge Hawk announced recently that he has now decided to seek re-election as an independent candidate. Having deserted his former friends and denied by their adversaries, Hawk is now a man without a party.
According to his recent campaign finance filings, Hawk has $88,835.48 in his war chest for re-election, funded in large part due to a $60,000.00 loan he gave himself. Recent filings also show a $1,000.00 contribution from an individual from Birmingham, his only recent individual donation. He also lists $110,000.00 in campaign debt, including the recent loan to himself. A look down the list shows that Hawk has never been short on re-election funds going back to the 1990s during his time in the Alabama House, funded in large part by shadowy PACs and large corporations.
Hawk must now collect 772 voter signatures to gain access to the November 6th general election ballot as an independent candidate. Supporters say the Republicans are taking away the voters' right to decide for themselves by removing Hawk. Opponents counter that Hawk had access to the ballot, as a Democrat. However, after local Democrats' sweeping defeat at the polls in 2010, Hawk decided to switch parties. They argue Hawk himself is guilty of taking away the voters right to decide between himself and the Republican candidate by attempting the party switch while knowing the local Democrats would have no one to oppose him if he won the Republican nomination.
Alabama Republican Chairman Bill Armistead responded in a press release to Hawk's latest reversal. 'I have made it very clear that all conservatives are invited to join the Republican party, no matter what party they were previously affiliated with,' Armistead said. 'However, I have made it equally clear that those who would choose to align themselves with the Alabama Republican Party for political expediency alone, need not bother.'
'Considering his vehement denial to the committee that he would run as an independent if he were denied ballot access, I am confident that we made the right decision regarding Hawk's removal from the Republican ballot,' Armistead stated. 'He has proven to us, beyond a shadow of a doubt, that he does not hold to the values of the Republican Party and is not a man of his word.'
Hawk says it is no longer about party affiliation, 'My unfair removal from the primary ballot means that Jean Brewer's opinion as to whether or not I would be a good Republican nominee no longer matters,' he is quoted in the Arab Tribune. 'The issue this fall for the voters of Marshall County to decide is whether or not I have been a good judge.'
Already, there are rumors of civil rights violations and unfair practices in the judge's courtroom. Opponents also cite his decision to close the public Marshall County Law Library in the courthouse, a move which denied free public access to federal and state law as well as other legal resources. However, the Marshall County voters will now get their chance to decide whether or not to support Judge Hawk. He has to collect enough signatures by March 13, and if successful, will face challenger Republican candidate Jerry Baker, an attorney from Albertville, in the fall general election.
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