Mobile Government 
Legal
4th Floor Government Plaza
P.O. Box 1827
Mobile, AL 36633-1827
Main Contact: 251-208-7416
Chief Assistant City Attorney: Florence Kessler -
LEGAL DEPARTMENT
Welcome to the City of Mobile Legal Department. The Legal Department is headed by City Attorney Lawrence H. Wettermark. The City Attorney also serves in the capacity of Chief Legal Advisor to the Mayor. Under the direction of the City Attorney, the Legal Department assists all City Departments with matters of municipal law and seeks creative solutions to issues within the confines of the law. The Legal Department is committed to the City's goals which focus on making communities safe and attractive for our citizens, providing decent jobs and encouraging industrial development.
The mission of the Legal Department is to provide the most efficient and effective legal services possible to the City and its Departments.
FUNCTIONS:
We have two primary divisions in the Legal Department. One is the Civil Division. The other is the Prosecution Division.
CIVIL DIVISION:
Attorneys Assigned:
Florence Kessler, Chief Assistant City Attorney
E. Ashton Hill, III, Assistant City Attorney
Of Counsel:
Wanda J. Cochran
John L. Lawler
The Civil Division handles a wide range of legal matters including ethics questions, contracts, employment law, intellectual property (i.e., MIT, Telecommunications, cable franchises, etc.), real property law, eminent domain, planning and zoning, workers' compensation, bankruptcy and a number of other areas. The Civil Division also represents the City, and often its elected officials, department heads and employees in lawsuits filed against or on behalf of the City. Assistant City Attorneys assigned in the Civil Division are assigned to work with specific operating departments of the City.
All claims against the City, whether for personal injury or property, must be filed with the City Clerk's Office. Claims are processed to the Legal Department, from the City Clerk's office and are ultimately logged, copied and forwarded to the City's claims investigators, South Alabama Claims Services. Inquiries as to whether a claim has been received and forwarded for investigation/processing should be referred to the Legal Department at 208-7416.
The Civil Division handles all personnel matters and cases before the Personnel Board and on appeal to the Circuit Court and Appellate Courts.
Assistance is rendered to Executive Directors, Department Heads and other supervisory personnel in preparation of forms for disciplinary actions, when requested.
The Civil Division processes bankruptcy claims, representing the City's interest, when businesses file for bankruptcy or Chapter 13. All notices of such filings and bankruptcy dockets are forwarded to the Revenue Department for review to determine whether the business owes funds to the City. If it is found that funds are owed to the City for any reason, pleadings are filed on behalf of the City with the proper court of authority.
This Division provides opinions on points of law, interpretation and applicability of federal, state and local laws, statutes, ordinances and resolutions to City Departments, boards and committees of the City. It also drafts City ordinances and resolutions, legislative acts and various other legal documents.
Legal review/assistance is also provided to City Departments in the development and/or processing of contracts involving the City. All contracts are reviewed by Assistant City Attorneys in the Civil Division as to content and form prior to being submitted to the City Clerk's office for placement on the City Council agenda.
PROSECUTION:
Attorneys:
Carol Little, Assistant City Attorney
David Wible, Assistant City Attorney
T. Edward Smelser, Sr., Assistant City Attorney
The Assistant City Attorneys, who serve as City Prosecutors, prosecute the more than 35,000 misdemeanors committed within the City of Mobile each year. These include violations of state and local laws, such as driving under the influence of alcohol or drugs, domestic violence, theft offenses, zoning and building code violations, and many others. The Prosecution Division protects the safety and quality of life of the people of Mobile by intervening to stop criminal conduct at the misdemeanor level. Defendants found guilty at the Municipal Court level have a right of appeal to the Circuit Court. All cases before the Circuit Court, on appeal from the Municipal Court, are handled by the City Prosecutors. Municipal Court is made up of four separate court sections as follows:
Domestic Violence Court:
Staff Assigned:
Carol C. Little, Prosecutor
Becky Bates, Support
Cases before this court involve disputes between parties who have a personal relationship (i.e., boyfriend/girlfriend, husband/wife, etc.) and which involves incidents of harassment, battery and stalking. Once domestic violence begins it often increases in both frequency and severity. Victims of domestic violence, for complex reasons, may minimize the crimes, recant their statements to police, or refuse to appear in court to testify. However, when a victim recants a statement, prosecution usually proceeds with other evidence of the violence, including the spontaneous victim statement to police officers at the scene, photographs of injuries, witness statements and medical reports. Arraignments are held generally on Monday afternoon beginning at 1:00 p.m., with a City Prosecutor present. Defendants are advised of their constitutional rights and are given an opportunity to plead guilty or not guilty. If a defendant pleads not guilty at arraignment, the case is set for trial. If the defendant pleads guilty, the Judge will determine sentencing, in conjunction with recommendations from the Prosecutor, and the case is resolved at that time with no further trial needed.
DV trials are scheduled for every Wednesday morning and afternoon. Support staff assigned pulls the dockets and prepares case files for review by the Prosecutor, assuring that all paperwork necessary to the prosecution of the case is in the file. The Prosecutor reviews the files, meets with victims, witnesses and law enforcement personnel involved, and prepares for trial. Any defendant may request a trial by jury, but generally cases at the Municipal Court level are heard before the Judge.
Criminal Court:
Assigned Staff:
David Wible, Prosecutor
Mary Kilpatrick, Support
Criminal trials are conducted Tuesday morning, beginning at 8:00 a.m., and Tuesday afternoon, beginning at 1:00 p.m. A wide variety of cases are heard before this court including harassment, assault, theft, possession of controlled substance, and so on. Support staff assigned pulls the dockets, requests police reports and gathers other pertinent paperwork necessary to complete the case file. The Prosecutor reviews the files, determines which cases may require additional preparation and has the support staff arrange meetings with those victims/witnesses and law enforcement personnel in preparation for trial.
Environmental Court:
Assigned Staff:
T. Edward Smelser, Sr., Prosecutor
Becky Bates, Support
Environmental Court is conducted on Monday mornings beginning at 9:00 a.m. and on Wednesday afternoons at 1:00 p.m. Cases tried before this court include violations of state and local laws including laws/ordinances governing revenue collection, littering, health and safety regulations, substandard housing, trash, and blight. Preparation for trial includes reviewing files prepared by investigators and other employees of the Urban Development and Revenue Departments and meetings between the Prosecutor and investigators or other personnel from the Urban Development and Revenue Departments, law enforcement personnel who may be involved and/or the complainant who may have filed a report against the defendant for perceived violations.
Traffic Court:
Assigned Staff:
T. Edward Smelser, Sr., Prosecutor
Mary Kilpatrick, Support
All traffic violations which are the subject of dispute are heard before the Traffic Court. The support staff assigned pulls the dockets for arraignments (Monday afternoons) and trials (Thursday morning and Thursday afternoon). All needed paperwork, including certified copies of prior DUI convictions, driving histories and intoxylizer reports must be in the files prior to the trial date. The Prosecutor handling Traffic court reviews the files, and determines which, if any of those cases on the docket, may be forwarded tothe District Attorney's office for prosecution as a felony. Any individual having received three prior DUI convictions is subject to having his/her case forwarded to the DA's office as a possible felony, based on the State Law. The Prosecutor then reviews all other files and past histories in preparation for trial.
Circuit Court:
Assigned Staff: Richard Bonner, Support
The Prosecutors handle all cases on appeal from the four Municipal Court Sections to the Circuit Court. Prosecutors are assigned to specific Circuit Judges and handle any City cases on that particular Judge's docket. Support staff pulls files, reviews information found on CIJS and gathers all other pertinent paperwork needed for trial. The Prosecutor reviews the files, talks with victims/witnesses and law enforcement officers in preparation for trial. Any motions received are reviewed, and any necessary responses are drafted and filed. When cases are sent on Appeal to Circuit Court, defendants can generally request a trial by jury.
All defendants' histories, at either Court level (Municipal or Circuit), are reviewed. If it is determined that a defendant has picked up a new charge during a period of probation/good behavior, a motion is developed and filed to revoke the probation/good behavior.