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Thursday, July 18, 2013

AL Judge Dorothea Batiste Claims She's The Target Of A Vindictive Prosecution Directed By Scott Vowell


Dorothea Batiste
Suspended Jefferson County Judge Dorothea Batiste complained to the Alabama Attorney General's office last October that Presiding Judge J. Scott Vowell was harassing her and pressuring her to change orders in divorce cases.

Vowell became aware of Batiste's visit to the AG's office in Montgomery, and his resulting anger helped spur a campaign of complaints against Batiste to the Alabama Judicial Inquiry Commission (AJIC), according to court documents filed yesterday. 


Attorney Julian McPhillips urges the Alabama Court of the Judiciary to drop the charges against Batiste, claiming she is the victim of a vindictive prosecution that kicked into high gear when Vowell learned of her AG complaint. (See motion, including summary of Batiste's complaint to AG, at the end of this post.)


A subpoena to Jesse Seroyer, of the Alabama Attorney General's office, produced an "Investigative Report Form" on Batiste's complaint regarding Vowell. McPhillips obtained a copy of the report yesterday and promptly filed a motion asking the Court of the Judiciary to drop the case against his client.


Batiste filed an EEOC complaint, alleging sexual harassment against Vowell, on April 26, 2013. That came just one week after the AJIC formally brought charges against Batiste, and it suggested Batiste might have filed the harassment claims only after learning of the AJIC charges.


The Attorney General's report, however, shows that Batiste first complained about Vowell some seven months before she learned of the AJIC charges. In an affidavit filed with her EEOC complaint, Batiste states that she did not learn Vowell was leading a campaign against her with the AJIC until spring 2013. 


Based on the AG's report, it appears Batiste made official complaints about Vowell long before she knew he had launched a campaign against her with the AJIC.


"This is dynamite in the sense that . . . it confirms and corroborates her complaints," McPhillips. "This shows that, back in October, she didn't know what to do. . . . She didn't know how to handle it, so she came down and made a complaint, and three different people heard it. . . . "


What about the specifics of Batiste complaint from last October? Here is part of the AG's report:



Judge Batiste related that the presiding judge in the 10th circuit, the Hon. J. Scott Vowell, had countermanded her judicial authority as a domestic relations judge on several occasions and had made inappropriate sexual advances toward her on several occasions. 

How ugly did Vowell's behavior become? Again, from the report:



Judge Vowell continued to badger Judge Batiste about her cases and requested frequent personal meetings. Judge Vowell began a routine in which he would call on Fridays to Judge Batiste's office and demand a personal meeting. Judge Batiste advised that during these meetings Judge Vowell was "touchy-feely and always whispering in her ear." This type of behavior began a few months after Judge Batiste took office. She recalled that the first time Judge Vowell acted inappropriately, he placed his hands around her hips when they were alone and told her, "Ain't you a good looking thing. . . . "
Judge Batiste said this type of sexually harassing behavior occurred on [such] a frequent basis that she began to be afraid of being left alone with Judge Vowell. . . . 
In regards to the sexual harassment, Judge Batiste advised that she had only told members of her immediate family about Judge Vowell's inappropriate advances. Judge Batiste advised that she was embarrassed to tell people about the sexual-harassment issues due to the fact that "it's not supposed to happen to me. I'm a judge."

A recent federal case in the Northern District of Alabama, styled U.S. v. Brown, 862 F. Supp. 2d 1276 (2012), addresses both selective prosecution and vindictive prosecution. McPhillips argues that both issues are present in the JIC case against Batiste. From the Brown ruling:  


Brown has alleged both selective prosecution and vindictive prosecution. Vindictive prosecution is distinguishable from selective prosecution in that vindictive prosecution arises when the severity of the charges against a defendant is increased after the defendant exercises a constitutional right after criminal charges have begun, while selective prosecution occurs when a person is prosecuted based on an immutable personal characteristic, such as race or religion, or in response to some constitutionally-protected act that a person has done prior to the criminal charge being brought against him.

In the motion filed yesterday, McPhillips argues that his client suffered because she exercised her constitutional right to file a complaint with the Alabama Attorney General's office--and that goes to the vindictive nature of Scott Vowell's claims against her. From the McPhillips motion:


Judge Batiste requests that this court consider Judge Batiste's third affirmative defense of sexual harassment and retaliation to be amplified to include vindictive prosecution by Scott Vowell, who has used the AJIC and his close friends on the AJIC to punish Judge Batiste for her sexual harassment allegations to the Alabama Attorney General's office.


25 comments:

Anonymous said...

Maybe now Batiste sees what she's made others feel like. Powerlessness breeds desperation! Although the underhanded way she has been treated is wrong, is interesting to hear her screaming foul when she herself has been the perp in the past! After all, she is/was a family court judge! The scummiest of the scum sucking judicial tribe.
Something to ponder......why if these advances made by Vowell to Batiste happened on a regular basis, did she not record him? I'd pay money to listen to that tape!

Anonymous said...

If people going before these roaches in robes were given the choice of jury trial, this kind of crap wouldn't happen!

The people should be deciding the fate of children NOT devouring roaches in robes!

When these fascists feel the fire balls they throw and can't take it, it just shows they aren't fit to be throwing the fire balls at others!

Anonymous said...

If what Batiste says happend with Vowell is true, then why can't we have a listen? I want to hear it! She's surely smarter than to allow this to continue without making it historic! I want a wow factor!

Anonymous said...

You make an interesting point about recording, 8:10. But my guess is that Scott Vowell was the one trying to record these encounters. I would bet my mortgage that he was wired, and the purpose of his creepy statements was to get her to respond in some incriminating way and then use that to get her off the bench. In other words, Vowell was attempting blackmail. It didn't work, so he went to JIC.

legalschnauzer said...

For the record, Batiste was in Domestic Relations, not Family Court. They are two different things in Jefferson County, though closely related.

Technically, I guess, Batiste still is in Domestic Relations. She has been suspended with pay, so she has not been permanently removed from the bench.

Anonymous said...

Kareer Kriminal Killers KKK

Batiste Robed Roach, did unto those that, now she gets to know how the KKK feels to those not a RR.

She should have already known as a black American.

PP fur ball

Anonymous said...

That Batiste went to AG's office back in October, and we now have that on the record, it tells me something seriously was afoul in the Jeffco Courthouse. This makes her story much stronger, in my view. Before, it looked like she was complaining after the fact.

legalschnauzer said...

Here is a description of Jefferson County Family Court. Basically, Domestic Relations Court is about divorce, and Family Court is about kids:

"Family Court of Jefferson County exercises jurisdiction in matters involving children. These matters might include cases in which a child is alleged to be delinquent, dependent, or in need of supervision. The Court also exercises jurisdiction over other proceedings including establishment of paternity and child support enforcement, as well as protection from abuse."

Anonymous said...

It's well known in the legal community that Scott Vowell is gay, so that makes this whole story even more strange.

Anonymous said...

Looks like scott vowel is the new white Clarence Thomas and Batiste is his his Anita Hill but we will have to see how this plays out in southern sick courts in Alabama and hopefully in higher courts.

Anonymous said...

LS, DR, JU & CS is ALL Family Court. If anyone tells you different, they are misinforming you. They even try criminal cases involving DR, CS & JU litigants in family court now! Never jail time for these abusers. Cops look up or hear that a criminal is involved in a family court case and they do nothing about it! It's ALL left up to the Family Court injustices! The worse a criminal acts, the more time and custody they receive because it brings money to the Judge, attorneys and court! It's a criminal racket fueled by grant money!

HHS is delving out this grant money with the intension of bribery and hush money. Every LE agency is in receipt!

Anonymous said...

http://ReThink911.org

Scott Vowel bent gender and switch hits whatever moves

Chocolate Jesus didn't want to be his Immaculate Confection

and melt in his mouth or melt in anyway shape or form

Tom Waits sings about all this in his songs, 'God's Away On Business' is lawyer friendly, not

Porn Pom xo

legalschnauzer said...

That's a classic, PP. One of your best. Many thanks. Always enjoy your literary contributions.

Anonymous said...

@9:45AM

GRANTS ARE FUNDED FROM THE FEDS, but of course.

The ONLY MONEY IN USA is from the FED and it's simply: credit-debt.

I would bet a lot of digital dust on the fact, that, the court system is the last big bubble the FED grew, intentionally to BUST.

FED hates lawyers and why so many were invited to go to school to owe the FED til they die so they get to be the criminal classless we get to get fleeced by VIA grants from the FED alright.

Take kids away from their families and then pay another family thousands and hundreds of thousands and millions of dollars to have family values of zero

Anonymous said...

DOJ, DO Labor, Education & Agriculture are also handing out this grant money! But not for the mothers! It's only for Father's especially the abusive ones! Only bad dads prevail in family court now! Not the good, caring, loving Father's! It's called the Responsible Fatherhood Initiative and it's not being used for what the public is being fooled to believe its being used for! It's destroying Children and Mother's daily in our Alabama courts! Sherry and Bonnie are proof!

Robby Scott Hill said...

Lots of judicial corruption in Shelby County as well as Jefferson. There was the hard way & the easy way to clean it up. Not wanting to take the hard route and actually address all the wrongs and seek justice for Roger and the many others who were victimized, Governor Bentley appointed former Shelby County Circuit Judge J. Michael Joiner to the Court of Criminal Appeals. The Supremes put the "icing on the cake" (let's hope they didn't use Scott Vowell's icing) by appointing Joiner to the Court of the Judiciary. Wearing both hats, Joiner has the power to provide cover to all the guilty conspirators. He may remove any judge from the bench, including Chief Justice Roy Moore, who after one run in with the Court of the Judiciary is basically reduced to Joiner's & Bentley's bitch. Roy Moore is the weakest Chief Justice in Alabama history & must capitulate to whatever Bentley & Joiner desire. Otherwise, Moore can't get his precious retirement account (that should have been fully funded a decade ago had he not dragged that monument into the Judicial Building) stuffed full of cash before he reaches age 70. Former State Bar General Counsel Tony McLain who could have done something about it bailed like a pussy to collect his retirement instead of confront the problem. That's how totally fucked up our state court system & bar association are.

Robby Scott Hill said...

Lots of judicial corruption in Shelby County as well as Jefferson. There was the hard way & the easy way to clean it up. Not wanting to take the hard route and actually address all the wrongs and seek justice for Roger and the many others who were victimized, Governor Bentley appointed former Shelby County Circuit Judge J. Michael Joiner to the Court of Criminal Appeals. The Supremes put the "icing on the cake" (let's hope they didn't use Scott Vowell's icing) by appointing Joiner to the Court of the Judiciary. Wearing both hats, Joiner has the power to provide cover to all the guilty conspirators. He may remove any judge from the bench, including Chief Justice Roy Moore, who after one run in with the Court of the Judiciary is basically reduced to Joiner's & Bentley's bitch. Roy Moore is the weakest Chief Justice in Alabama history & must capitulate to whatever Bentley & Joiner desire. Otherwise, Moore can't get his precious retirement account (that should have been fully funded a decade ago had he not dragged that monument into the Judicial Building) stuffed full of cash before he reaches age 70. Former State Bar General Counsel Tony McLain who could have done something about it bailed like a pussy to collect his retirement instead of confront the problem. That's how totally fucked up our state court system & bar association are.

Anonymous said...

Speaking of AL BAR Robbie, I smell some deals being cooked up this weekend with the BAR annual meeting down in Point Clear at the Grand Hotel.

Anonymous said...

Anon @ 9:57am you left out Big Luther's office! OAG is In on that illegal case rigging. That's why he's always helping cover it up!

Robby Scott Hill said...

Not long after my part-Cherokee father had been told "You son of a bitch! I can't serve you." when he asked for a hamburger at the Military Entrance Processing Station in Montgomery, Alabama, Brother Malcom X came to Alabama to say something powerful http://www.youtube.com/watch?v=znQe9nUKzvQ

Anonymous said...

The dumbest thing we all did as Alabamians is allow judges to check judges! When criminals oversee criminals, criminality goes unchecked and powers are further abused! Except with this case, they sacrificed a weaker criminal for the whole!

Anonymous said...

I honestly believe because Judge Batiste is so dishonest all her cases in family court that are not by the law should be retried at the expense of Jefferson County Courts. I honestly believe she did not in anyway follow the law books when trying my case. No way do you ever take alimony away from a woman with severe physical problems. This is written in the law books and she disregarded even that.
She also seemed to rule for men if they looked half way decent.

Anonymous said...

I will never believe that Judge Vowell made advances toward her because if that were true he would have done the same to me. Why a black woman. I will never believe that one.

Anonymous said...

Judge Batiste does not like hard working women especially those that are white. In fact she frowns on them all together. She was out to impress a large law firm in my case and did not in anyway care about me. If she did she would see that I deserved to keep my alimony and then some. She had no regard what so ever for me or my situation. It should come back to her and I know it will. God wants us to forgive our enemies and I very much do but I also will never forget the way I was so disregarded. She not only needs to be benched she needs to work three jobs, she needs to struggle, and she needs to be stripped of all law degrees so she can never not only practice in Jefferson County, But not be able to practice law in any state. It just floors me that Jefferson County Courts let her go as long as she did. Jefferson County has enough problems without a sick person like she is. She did not even act professional in my case at all. All for the large practice and trying to make a name for herself. As it turns out she has done that. Who will ever want her. She destroyed her reputation long before she filed charges against Judge Vowell. She just wanted to retaliate against him. I have been before Judge Vowell in court and also in his chambers and I can tell you he is a man full of dignity. Very caring individual.

legalschnauzer said...

Can you provide the style and number of your case? I would like to do some research on it.