George Altman of the Mobile Press-Register has a follow-up today to his report from Sunday that Alabama Attorney General Troy King may “intervene” as early as tomorrow in Governor Bob Riley’s Taskforce on Illegal Gaming. Altman notes that it is now likely that if the attorney general acts, the issue will have to be settled in the Alabama Supreme Court. A box in the article points to two competing sections of the law that would form the legal question in this case:
Alabama law gives both the governor and the attorney general the authority to order district attorneys, both sitting and retired, to investigate cases. The governor’s gambling task force is based on that rule. A separate law allows the attorney general to take over any criminal case.
Code of Alabama, section 12-17-184
“It is the duty of every district attorney and assistant district attorney, within the circuit, county, or other territory for which he or she is elected or appointed: … to go to any place in the state of Alabama and prosecute any case or cases, or work with any grand jury, when called upon to do so by the attorney general or the governor of the state of Alabama, and to attend sessions of courts and transact all of the duties of the district attorney in the courts whenever called upon by the attorney general or the governor to do so.”
Code of Alabama, section 36-15-14
“The attorney general, either in person or by one of his assistants, may at any time he sees proper, either before or after indictment, superintend and direct the prosecution of any criminal case in any of the courts of this state. The district attorney prosecuting in such court shall assist and act in connection with the attorney general or his assistant in such case.”
The debate between the governor’s office and the attorney general’s office has been raging for well over a year now, hinging on the definition of bingo and what machines are allowed or not allowed to be in operation. In the piece on Sunday,
The source in the attorney general’s office said that King’s concerns have grown in recent days, particularly over Greenetrack, a gambling hall about 30 miles southwest of Tuscaloosa that local officials have vowed to defend from any task force raid.
It seems as if Greenetrack has become the “last stand”, as Victoryland and Country Crossing have closed rather than face the prospect of an armed raid and local officials have vowed to not allow a warrantless raid on Greenetrack. Pleadings have come from casino owners and legislators for the AG to put a stop to it. There is no doubt there is also a strong political undercurrent to this whole debate. The governor has a distinct advantage, in that he is not standing for re-election. The attorney general, on the other hand, is facing a strong primary challenge from Luther Strange. How Troy King plays his hand in the coming weeks may well determine whether he is still going to be the attorney general come the June primary, much less in November.
Meanwhile, as the governor and attorney general go round and round on this issue, the state senate will take up the debate this afternoon, with new legislation that would make electronic bingo gaming explicitly legal and tax the proceeds. I indicated back in November this issue had the potential to suck out all the political air in this state…and it certainly has done that…and the end doesn’t look near.
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