Mark Montiel
Montgomery lawyer and often-controversial radio personality Mark Montiel has filed a lawsuit against Governor Robert Bentley, State Comptroller Thomas White, Jr and State Finance Director Marquita Davis claiming that the budgets passed this past session are unconstitutional. [Clarification: Montiel filed the lawsuit on behalf of former state senator John Rice.] States are constitutionally mandated to pass a balanced budget each year. In layman’s terms, the lawsuit, which was filed in Montgomery County Circuit Court and assigned to Judge Truman M. Hobbs, Jr., essentially claims the budgets are unconstitutional on two grounds: 1. the budgets were balanced contingent on passage of the Sept. 18 constitutional amendment, and 2. the budgets were not balanced based on “reasonable anticipated revenues.”
In the lawsuit, Montiel asks for the taxpayers to cover his legal fees.
Keep Alabama Working Spokesman Rick Journey released the following statement in response to the suit:
“The campaign does not speak for any of the defendants of this action. Our opinion on this matter is simple: This is a publicity stunt by a radio show host in Montgomery who also happens to have a law license. This frivolous lawsuit is an attempt by the radio show host to line his own pockets with taxpayer money and waste state resources. This 11th hour campaign stunt will have no bearing on the Sept. 18 referendum and we urge voters to vote “YES” and Keep Alabama Working.”
I called around and spoke with several Montgomery insiders and attorneys and the general consensus is that the lawsuit is on pretty shaky ground. “The actual lawsuit won’t go anywhere,” said one attorney familiar with the case. “I believe the primary goal was just to create a stir ahead of the Sept. 18 vote.”
I’ve reached out to Mark Montiel for a statement. I’ll update this story as soon as we get more info. Stay turned.
UPDATE: Mark Montiel called and gave me the following statement:
“Apparently those who passed this law and those involved in this constitutional amendment campaign don’t bother to read the constitution. Alabama is one of 26 states with a balanced budget requirement. I’ve talked to several legislators and they all admit the budget they passed unconstitutional. The legislative and executive branches failed to do their duty, so we have to go to the judicial branch to enforce the constitution that all the public officials are sworn to uphold.”
Understand that this suit is not just filed against the Governor in his office, but against Robert Bentley personally.
I am not a legal scholar, but this sounds like a below-the-belt hit
Why not just wait to see the outcome of the vote before you start filing suits? If it fails, they can change it before October. If it passes, the point is moot. Actually, I think I know the answer to my question. It starts with grand and ends in standing.
Filing a suit against the state and then asking the taxpayers to pay your legal fees, that’s real conservative.
You have a political “wanna be” and a polical “never was”, involved in this lawsuit. There is no merit, because the budget doesn’t have to be passed till Oct. If the referendum passes, the budget is balanced, if it doesn’t, then Bentley institutes a 17% proration, and it’s still balanced. There is no point to this lawsuit. Montiel is like the scorned wife that’s left over from the Byrne Campaign that just can’t give up, and Rice hasn’t done anything legitimate since his brief time in office. Montiel wants nothing more than to be important in Alabama Politics, and Rice has practically had to create his own pro-bono position in the party to keep his importance. All I can say is “Mark, get a real job, I hear Wal-Mart on Ann St is hiring, and John, put some socks on because your feet smell”.
This is exactly right. I’ll even say this: was it a bad idea? Maybe, and that can at least be argued by rational people. But is it unconstitutional? No. There are only a few reasons you would argue that this is unconstitutional – you’re either ignorant, stupid, or you’re just looking for attention.
IM SHOCKED TOO
Just out of curiosity, why isn’t the Speaker or anyone in the legislature included in this suit? They’re the ones who pass the budgets. I guess because the Governor has to sign it? I’m obviously not an attorney.
I’m opposing the Sept. 18 amendment but Mark Montiel embarrasses himself as well as Republicans and conservatives all across this state every time he pulls something like this.
Mark Montiel pulls a publicity stunt?! I’m SHOCKED I tell you – SHOCKED!