Feb 9 Statement of Mobile County Probate Judge

Judicial Division - (251) 574-6001
Don Davis
Judge of Probate
Recording Division - (251) 574-6040
Joe McEarchern, Jr.
Records Division - (251) 574-6070
Chief Clerk/Administrator
Elections Division - (251) 574-6080
C. Mark Erwin
Accounts Division - (251) 574-6101
ChiefofStaff
Facsimile-(251) 574-6003
Probate Court of Mobile County, Alabama
PRESS RELEASE
FOR IMMEDIATE RELEASE
TO:
ALL NEWS MEDIA
FROM:
DON DAVIS
DATE:
FEBRUARY 9, 2015
In light ofthe conflicting orders being issued by the U.S. District Court for the Southern District ofAlabama
and the ChiefJustice ofthe Alabama Supreme Court I have, on advice ofcounsel, taken the following actions
today:
1. ordered that the Marriage License Section of the Court's Recording Division remain closed pending
further instructions from the courts cited above; and
2. authorized attorneys for the Court to file an action with the Alabama Supreme Court seeking guidance
and clarification as to the application of the "Administrative Order" issued by the Chief Justice both
generally speaking and also more specifically in light of the action early this morning by the United States
Supreme Court and the Motion for Contempt filed by the plaintiffs in the U.S. District Court action styled
Searcy v. Strange, (the Probate Court is not a party to any action currently pending before any court related
to these issues)
I remain committed to properly applying the law in all judicial and ministerial actions ofthe Probate
Court, but we are dealing with unprecedented conflicts of law between the federal and state courts and I
must be certain that any action I take is fully compliant with the law, both the United States Constitution, as
well as the Constitution and statutes of the State of Alabama.
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Post Office Box 7 • Mobile, Alabama 36601
email: [email protected] • website: www.probate.mobilecountyal.gov