Houston County Probate Judge Luke Cooley believes she is above the law
by kathryn rubenstein, www.opednews.com
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For four years Cooley has failed to file financial disclosure statements with the Alabama Ethics Commission as required by Alabama law. Alabama's Ethics Commission whose office is in Montgomery, have no financial statements on file for Judge Cooley subsequent to the filing of her 2003 statement in April 2004.

Like the now deceased infamous Leona Helmsley who once stated “only the little people pay taxes”, Cooley appears to believe she like Helmsley is above the law. Apparently Cooley, a Republican, considers herself not required to follow Alabama’s laws regarding elected officials.

How can Houston County trust elected probate Judge Luke Cooley to discharge the duties of her office truthfully especially with regard to elections when she has failed to file financial statements as demanded by Alabama Law with the Alabama Ethics Commission for the past four years?

Cooley is in charge of business licenses, automobile registration, elections and probate duties yet, she is unable to take care of her own personal business requirements as an elected official.

How many years prior to 2003 did Cooley fail to follow the law and file financial statements with the ethics commission?

The Alabama Code specifies the following with regard to filing with the ethics commission: (/b)

Section 36-25-14 — Filing of statement of economic interests.

(a) A statement of economic interests shall be completed and filed in accordance with this chapter with the commission no later than April 30 of each year covering the period of the preceding calendar year by each of the following:
(1) All elected public officials at the state, county, or municipal level of government or their instrumentalities.
(2) Any person appointed as a public official and any person employed as a public employee at the state, county, or municipal level of government or their instrumentalities who occupies a position whose base pay is fifty thousand dollars ($50,000) or more annually.
(3) All candidates, simultaneously with the date he or she becomes a candidate as defined in Section 17-22A-2, or the date the candidate files his or her qualifying papers, whichever comes first.
(4) Members of the Alabama Ethics Commission; appointed members of boards and commissions having statewide jurisdiction (but excluding members of solely advisory boards).
(5) All full-time nonmerit employees, other than those employed in maintenance, clerical, secretarial, or other similar positions.
(6) Chief clerks and chief managers.
(7) Chief county clerks and chief county managers.
(8) Chief administrators.
(9) Chief county administrators.
(10) Any public official or public employee whose primary duty is to invest public funds.
(11) Chief administrative officers of any political subdivision.
(12) Chief and assistant county building inspectors.
(13) Any county or municipal administrator with power to grant or deny land development permits.
(14) Chief municipal clerks.
(15) Chiefs of police.
(16) Fire chiefs.
(17) City and county school superintendents and school board members.
(18) City and county school principals or administrators.
(19) Purchasing or procurement agents having the authority to make any purchase.
(20) Directors and assistant directors of state agencies.
(21) Chief financial and accounting directors.
(22) Chief grant coordinators.
(23) Each employee of the Legislature or of agencies, including temporary committees and commissions established by the Legislature, other than those employed in maintenance, clerical, secretarial, or similar positions.
(24) Each employee of the Judicial Branch of government, including active supernumerary district attorneys and judges, other than those employed in maintenance, clerical, secretarial, or other similar positions.

(b) Unless otherwise required by law, no public employee occupying a position earning less than fifty thousand dollars ($50,000) per year shall be required to file a statement of economic interests. Notwithstanding the provisions of subsection (a) or any other provision of this chapter, no coach of an athletic team of any four-year institution of higher education which receives state funds shall be required to include any income, donations, gifts, or benefits, other than salary, on the statement of economic interests, if the income, donations, gifts, or benefits are a condition of the employment contract. Such statement shall be made on a form made available by the commission. The duty to file the statement of economic interests shall rest with the person covered by this chapter. Nothing in this chapter shall be construed to exclude any public employee or public official from this chapter regardless of whether they are required to file a statement of economic interests. The statement shall contain the following information on the person making the filing:

(1) Name, residential address, business; name, address, and business of living spouse and dependents; name of living adult children; name of parents and siblings; name of living parents of spouse. Undercover law enforcement officers may have their residential addresses and the names of family members removed from public scrutiny by filing an affidavit stating that publicizing this information would potentially endanger their families.

(2) A list of occupations to which one third or more of working time was given during previous reporting year by the public official, public employee, or his or her spouse.

(3) A listing of total combined household income of the public official or public employee during the most recent reporting year as to income from salaries, fees, dividends, profits, commissions, and other compensation and listing the names of each business and the income derived from such business in the following categorical amounts: less than one thousand dollars ($1,000); at least one thousand dollars ($1,000) and less than ten thousand dollars ($10,000); at least ten thousand dollars ($10,000) and less than fifty thousand dollars ($50,000); at least fifty thousand dollars ($50,000) and less than one hundred fifty thousand dollars ($150,000); at least one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); or at least two hundred fifty thousand dollars ($250,000) or more. The person reporting shall also name any business or subsidiary thereof in which he or she or his or her spouse or dependents, jointly or severally, own five percent or more of the stock or in which he or she or his or her spouse or dependents serves as an officer, director, trustee, or consultant where the service provides income of at least one thousand dollars ($1,000) and less than five thousand dollars ($5,000); or at least five thousand dollars ($5,000) or more for the reporting period.

(4) If the filing public official or public employee, or his or her spouse, has engaged in a business during the last reporting year which provides legal, accounting, medical or health related, real estate, banking, insurance, educational, farming, engineering, architectural management, or other professional services or consultations, then the filing party shall report the number of clients of such business in each of the following categories and the income in categorical amounts received during the reporting period from the combined number of clients in each category: Electric utilities, gas utilities, telephone utilities, water utilities, cable television companies, intrastate transportation companies, pipeline companies, oil or gas exploration companies, or both, oil and gas retail companies, banks, savings and loan associations, loan or finance companies, or both, manufacturing firms, mining companies, life insurance companies, casualty insurance companies, other insurance companies, retail companies, beer, wine or liquor companies or distributors, or combination thereof, trade associations, professional associations, governmental associations, associations of public employees or public officials, counties, and any other businesses or associations that the commission may deem appropriate. Amounts received from combined clients in each category shall be reported in the following categorical amounts: Less than one thousand dollars ($1,000); more than one thousand dollars ($1,000) and less than ten thousand dollars ($10,000); at least ten thousand dollars ($10,000) and less than twenty-five thousand dollars ($25,000); at least twenty-five thousand dollars ($25,000) and less than fifty thousand dollars ($50,000); at least fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000); at least one hundred thousand dollars ($100,000) and less than one hundred fifty thousand dollars ($150,000); at least one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); or at least two hundred fifty thousand dollars ($250,000) or more.

(5) If retainers are in existence or contracted for in any of the above categories of clients, a listing of the categories along with the anticipated income to be expected annually from each category of clients shall be shown in the following categorical amounts: less than one thousand dollars ($1,000); at least one thousand dollars ($1,000) and less than five thousand dollars ($5,000); or at least five thousand dollars ($5,000) or more.

(6) If real estate is held for investment or revenue production by a public official, his or her spouse or dependents, then a listing thereof in the following fair market value categorical amounts: Under fifty thousand dollars ($50,000); at least fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000); at least one hundred thousand dollars ($100,000) and less than one hundred fifty thousand dollars ($150,000); at least one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); at least two hundred fifty thousand dollars ($250,000) or more. A listing of annual gross rent and lease income on real estate shall be made in the following categorical amounts: Less than ten thousand dollars ($10,000); at least ten thousand dollars ($10,000) and less than fifty thousand dollars ($50,000); fifty thousand dollars ($50,000) or more. If a public official or a business in which the person is associated received rent or lease income from any governmental agency in Alabama, specific details of the lease or rent agreement shall be filed with the commission.

(7) A listing of indebtedness to businesses operating in Alabama showing types and number of each as follows: Banks, savings and loan associations, insurance companies, mortgage firms, stockbrokers and brokerages or bond firms; and the indebtedness to combined organizations in the following categorical amounts: Less than twenty-five thousand dollars ($25,000); twenty-five thousand dollars ($25,000) and less than fifty thousand dollars ($50,000); fifty thousand dollars ($50,000) and less than one hundred thousand dollars ($100,000); one hundred thousand dollars ($100,000) and less than one hundred fifty thousand dollars ($150,000); one hundred fifty thousand dollars ($150,000) and less than two hundred fifty thousand dollars ($250,000); two hundred fifty thousand dollars ($250,000) or more. The commission may add additional business to this listing. Indebtedness associated with the homestead of the person filing is exempted from this disclosure requirement.
(c) Filing required by this section shall reflect information and facts in existence at the end of the reporting year.
(d) If the information required herein is not filed as required, the commission shall notify the public official or public employee concerned as to his or her failure to so file and the public official or public employee shall have 10 days to file the report after receipt of the notification. The commission may, in its discretion, assess a fine of ten dollars ($10) a day, not to exceed one thousand dollars ($1,000), for failure to file timely.
(e) A person who intentionally violates any financial disclosure filing requirement of this chapter shall be subject to administrative fines imposed by the commission, or shall, upon conviction, be guilty of a Class A misdemeanor, or both.
Any person who unintentionally neglects to include any information relating to the financial disclosure filing requirements of this chapter shall have 90 days to file an amended statement of economic interests without penalty.

Luke Cooley’s husband with another party formed an Alabama Corporation with the intent of purchasing a piece of property from Regions Financial as Trustee of the Theodore Bauman Revocable Trust after Bauman died, July 12, 2001 and before Bauman’s Will was probated in Cooley’s Court.

The Corporation is named Ziegooley and the partners can be viewed here.

Cooley’s husband has NUMEROUS corporations in his name in addition to Ziegooley. Cooley’s corporate filings may be viewed here.

Why would Regions Financial intentionally not list a piece of real estate publicly, but offer it for sale privately to the husband of the probate judge for approximately half its appraised value.

Ziegooley approximately 5 months after purchasing the property through Regions flipped the property and resold to Media General (The Dothan Eagle) it for almost twice the price it was purchased from the Bauman Trust.

(Warranty Deed involving property sale to Ziegooley from the Theodore Bauman Trust is located in the Houston County Probate office, Book 579, Page 631.)
(Warranty Deed involving property sale to Media General from Ziegooley is located in the Houston County Probate office, Book 584, Page 273.)

The Alabama Code specifies the following with regard to using official capacity for profit:

Section 36-25-7 — Offering, soliciting, or receiving things of value for purpose of influencing official action; money solicited or received in addition to that received in official capacity.

(a) No person shall offer or give to a public official or public employee or a member of the household of a public employee or a member of the household of the public official and none of the aforementioned shall solicit or receive a thing of value for the purpose of influencing official action.
(b) No public official or public employee shall solicit or receive a thing of value for himself or herself or for a family member of the public employee or family member of the public official for the purpose of influencing official action.
(c) No person shall offer or give a family member of the public official or family member of the public employee a thing of value for the purpose of influencing official action.
(d) No public official or public employee, shall solicit or receive any money in addition to that received by the public official or public employee in an official capacity for advice or assistance on matters concerning the Legislature, lobbying a legislative body, an executive department or any public regulatory board, commission or other body of which he or she is a member. Notwithstanding the foregoing, nothing in this section shall be construed to prohibit a public official or public employee from the performance of his or her official duties or responsibilities.

Probate Judge Luke Cooley has created cause for the public to question her ethics, honor, accountability, truthfulness, trust and honesty.

In my opinion, Cooley’s actions and lack of ethics are cause for her to be impeached from her office.

The Alabama Code regarding impeachment is as follows:

Section 36-11-1 — Persons subject to impeachment and removal from office; grounds for impeachment generally

(a) The following officers may be impeached and removed from office: judges of circuit and probate courts, district attorneys, judges of the courts of appeals, district judges, sheriffs, clerks of the circuit courts, tax collectors, tax assessors, county treasurers, coroners, notaries public, constables and all other state officers not named in Section 173 of the constitution and all other county officers and mayors and intendants of incorporated cities and towns in this state.
(b) The officers specified in subsection (a) of this section may be impeached and removed from office for the following causes:
(1) Willful neglect of duty;
(2) Corruption in office;
(3) Incompetency;
(4) Intemperance in the use of intoxicating liquors or narcotics to such an extent in view of the dignity of the office and importance of its duties as unfits the officer for the discharge of such duties; or
(5) Any offense involving moral turpitude while in office or committed under color thereof or connected therewith.

Director of StopElderlyAbuse.org seeking to clean up the corruption in Alabama's "justice" system.

How to Remove a Federal Judge

September 12, 2005 memo from Judge Luke Cooley

Request for Freedom of Information documents:

Posted on Wednesday, June 25, 2008 - 9:56 am:
Submitted to Houston County on June 13, 2008:

Houston County Board of Registrars
PO Box 6406
Dothan, Alabama 36302-6406

Carla H. Woodall - Houston County Circuit Clerk
PO Drawer 6406
Dothan, Alabama 36302

Luke Cooley - Houston County Probate Judge
PO Box 6406
Dothan, Alabama 36302-6406

June 13, 2008

RIGHT TO KNOW – PUBLIC RECORDS REQUEST #061308-FF-Ho

To whom it may concern,

Pursuant to the state open records law, Ala. Code Sec. 36-12-40 to 36-12-41, I write to request a copy of the following records.

Item 1: A copy of each e-mail, letter or communication, pollworker reports, and/or telephone logs, pertaining to any form of election law violation, election-related civil rights violation, or fraud in your county. This should also include any communications to or from the Alabama Secretary of State on these issues. Please provide copies of anything from June 1-12, 2008.

Item 2: A copy of any reports or communications pertaining to problems, malfunctions, complaints, or service calls with your computerized voting system (including voting machines, electronic pollbooks if any, election management software, reporting systems, vendor problems, and use of the computerized voter registration system). This should also include any communications to or from the Alabama Secretary of State on these issues. Please provide copies of anything from June 1-12, 2008.

If your agency does not maintain these public records, please let me know who does and include the proper custodian’s name and address. I agree to pay any reasonable copying and postage fees of not more than $25 for this information. If the cost would be greater than this amount, please notify me. Please provide a receipt indicating the charges for each document.

I would request your response within ten (10) business days. Please be advised that Alabama courts have awarded court costs and attorney fees to parties who have successfully sued for access to public information. In addition, state law imposes criminal penalties, including fines and imprisonment, upon those who knowingly fail to comply with a lawful request for records. Ala. Code Secs. 13A-10-12(a)(3) and 36-12-64.

If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

Sincerely,

Bev Harris - Black Box Voting
330 SW 43rd St Suite K, PMB 547
Renton WA 98057

BBV admin
Frequent Voting Rights Forum Participant
Username: Blackboxvoting

Posted on Wednesday, July 2, 2008 - 7:18 am:
Response from Houston County probate judge:

Summary: Says not aware of and doesn't have any records responsive to this request.

...Government is the servant of the people, and not the master of them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. We insist on remaining informed so that we may retain control over the instruments of government we have created.

BBV admin
Frequent Voting Rights Forum Participant
Username: Blackboxvoting

Posted on Thursday, July 17, 2008 - 7:01 am:
Response from Circuit Clerk:

Summary: Don't have any records responsive to the request.Government is the servant of the people, and not the master of them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. We insist on remaining informed so that we may retain control over the instruments of government we have created.

Bev Harris
Board Administrator
Username: Admin

Posted on Saturday, July 26, 2008 - 11:53 am:
This item is marked "no response" due to failure to respond by Board of Registrars. Probate Judge and Circuit Clerk did respond. Will close out this request. New requests will be posted in different threads than this.

Probate Court Records Index - Clark County, Alabama

Federal Action against the Judges of Alabama