Attorney General seeks dismissal of suit against Marsh

Sen. Del Marsh

An attorney with the Alabama Attorney General’s Office  filed a motion friday seeking to dismiss what he called an incomprehensible court challenge against state Senate President Pro Tem Del Marsh, of Anniston.  The challenge came from 11 state residents referring to themselves “relators” instead of plaintiffs. They filed what they called a writ of quo warranto “in accordance with Matthew 5:25” which urges quick resolution of disputes with one’s adversary  Assistant Attorney General Jeff Long filed the motion to dismiss before Montgomery County Circuit Judge William Shashy.  At a preliminary hearing earlier this month, Shashy was visibly frustrated by the terminology used heavily footnoted challenge to Marsh.  The 11 people involved with the challenge brought a more concise document to the hearing at Shashy’s request. According to Long’s motion, the relators wanted to bar Sen. Marsh from office and declare that the Legislature does not possess the authority to revise the state constitution.

to take Marsh out of office because of legislation he sponsored to revise the Alabama constitution.

Citing court cases and state law that give precedence to his arguments, Long wrote that the relators failed to provide a specific offense and that their complaint “is that they politically disagree with Senator Marsh’s actions and for that reason, he should be removed from office.” Marsh, Long added, is entitled to legislative immunity from lawsuits so long as he does not break his oath of office.

The motion also states that a writ of quo warranto can only be used to unseat an official who is unfit to hold office, for reasons such as being a convicted felon or living outside the district of the office. The relators do not challenge those qualifications.