Brown, Berry on the issues

Published 5:15 am Saturday, April 28, 2018

Ahead of the June 5 primary election, The Cullman Times is asking local candidates in contested races to share their thoughts on issues relevant to the office they’re seeking. This week, we talk with incumbent Probate Judge Tammy Brown and her challenger, Carol Berry.

Born and raised in Cullman County, Tammy Brown attended elementary and middle school in the Cullman City school system, graduated from a Cullman County high school. She went on to attend Wallace State Community College.

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Brown is married and has two children and two grandchildren, and has been involved in a variety of civic clubs throughout the years.

Brown first began working in the Cullman County Probate Office in 1987 in the driver licensing division, and went on to work in the recording, probate court and elections divisions. She credits former Probate Judges Tom Burleson and Betty Brewer for exemplifying hard work and dedication.

Brown was elected Cullman County Probate Judge in 2012 and is currently completing her first six-year term in office. She continues probate court training at the University of Alabama Law Institute, and has completed and been awarded the Certificate for the Probate Judges Law Course.

Carol Berry describes herself as a wife, mother, grandmother, advocate, businesswoman and nonprofit leader. She has worked in the accounting field for 23 years, the last 9 years of which have been spent in partnership with her mother in a local accounting firm.

Berry has experience in budgeting, management and collaborating with others, and for a decade has been involved in advocating for the rights of the mentally ill. In 2011, she founded a local nonprofit organization that, to date, has raised more than $100,000 for community causes.

What are the top campaign issues you wish to address?

Tammy Brown: The probate office has many important duties. There is a significant reason that it is named the probate judge’s office. Simply, the probate judge presides over probate court cases set out by the Code of Alabama. The probate court has original and general jurisdiction as to all matters which may be conferred upon. The probate court presides over commitments, adoptions, conservatorships and / or guardianships, condemnations, estates (wills and administrations), name changes and other jurisdictional court procedures. We have handled 1,764 probate court cases, including estates of deceased persons’ real and personal property in Cullman County. In the last five years, that is an average of 352 cases per year. To properly handle these cases takes a level of expertise that only comes with the years of experience that I have. I had over 20 years of experience when I began five years ago in my first term as probate judge. That experience allowed me to hit the ground running and to process this extremely heavy case load in a timely manner.

In addition to probate court cases, evidence that mental health issues are at a crisis level, not only statewide, but locally, is that we have averaged 257 mental commitments per year during the last two years, as opposed to 126 commitment cases in 2013.

An area of the probate court that is very rewarding is the number of adoptions that we handle per year. We had 391 adoptions in the last five years. At approximately 78 adoptions per year, adoptions provide children loving care and a much-needed sense of security.

I am very proud of the hard work of my employees as we have managed this huge case load increase with approximately the same number of employees as the probate office had 15 to 20 years ago.

An often forgotten, but major, duty of the probate judge is being the chief election official for Cullman County and its 51 voting precincts. While this is a rewarding part of the job, it is time consuming. Elections are held every two even-numbered years. Again, my employees have done a super job of making the election process run smoothly. However, this process would be impossible for the probate office without the dedicated work of the Cullman County Sheriff’s Department, Board of Registrars, Cullman County Custodians, IT Department and the true commitment of the election officials in all 51 precincts.

With the many job areas previously mentioned, it is somewhat concerning to me that our probate office is too often portrayed as only selling driver licenses and hunting and fishing licenses. Much more is done and expected of this office and its employees by the people of Cullman County, and we are proud to serve.

Carol Berry: I have three things that I’ve been focused on throughout this whole campaign.

The first of those is being accessible to the people. There’s no way for us to address the concerns of our community without knowing their needs. We must be accessible.

Second, I would like to put my experience to work for the citizens of Cullman County. I will streamline the office, restore relationships, and provide training and quality leadership to staff. I believe my years of business management would not only be an asset to this office, but would bring the positive change that is desperately needed.

Third is this: The state has taken its hands off of mental health in Alabama, and we must address from a local level the crisis that we now find ourselves in. We must come together as a united community with an open mind. Cullman’s suicide rate has not only risen, but doubled — from 15 people in 2016, to 30 people in 2017. It is time to educate and take action.

What are the most important challenges facing the Judge of Probate Office in Cullman County?

Tammy Brown: The ever-increasing number of mental health commitments would have to be at the top of the list. As I noted earlier, an average of 257 cases per year over the last two years means a 100 percent increase over the number of cases five years ago. We are on call 24 hours a day, seven days per week, to address mental health occurrences. However, we are blessed to live in a county in which there is great cooperation among Cullman Regional, WellStone Behavioral Health and all the law enforcement offices and officers. Without this cooperation, the area of mental health commitments would be unmanageable.

Staffing, logistics and available space are always challenges. I made positive changes to the probate office the first week of my administration to help in accommodating the individuals and families we serve on a daily basis. The courthouse was constructed in 1965; the annual average of 352 probate cases, 78 adoptions, and 257 mental health commitments per year shows the case load was not even in the same ball park at that time.

Carol Berry: First is mental health. Mental health is one of the most important issues facing the probate office. However, I feel I am the candidate to tackle this issue.

My second priority would be resolving the delays in court hearings. I would like to have a morning and and afternoon court to alleviate that wait time.

The third goal would be to reestablish relationships and good communication — not only the public, but with all of the entities that are affected by the day-to-day operations of the probate office.

Would you make use of assisted outpatient treatment criteria in mental health in mental health cases, which is included in the civil commitment law, along with inpatient commitment criteria?

Tammy Brown: Yes, if the outpatient and inpatient facilities meet the necessary regulations and licensing requirements to ensure stability and safety. It is not only necessary that all approved facilities treat and protect the mentally ill patient, but that they also protect the innocent nearby from any possible harm.

Carol Berry: Yes, if that is the recommendation of the physician or the qualified mental health worker. As your probate judge, it would be my duty to use the least restrictive means available for the patient to receive the most effective treatment. They’re not being charged with a crime; the petitioner is seeking help for their mental illness because they present a threat of harm to themselves or others.

Some probate judges stopped issuing marriage licenses around the time of the U.S. Supreme Court ruling that legalized same-sex marriages. The Alabama Legislature considered a bill to take probate judges out of the marriage business, but the proposal did not make it through the House. What is your position on probate judges continuing to issue marriage licenses for couples that marry?

Tammy Brown: I have no problem issuing marriage licenses. The probate office is the place to issue such licenses, as set out by statute. It is one of the many clerical responsibilities of the office. I will simply abide by the laws as they are set. It is not my job to make the laws, but it is my responsibility to carry them out. It is not my job to judge the morality of a person as to his or her preferred marriage partner. The only one qualified to pass judgment of an individual’s morality is God.

Carol Berry: I will do what the law instructs me to do. If the law instructs me to sell the marriage license, we will do that. We will follow the law.