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 Circuit Judge Martha Williams and her challenger, Melvin Hasting. The two are campaigning for the Republican nomination in the primary, which will effectively be the decisive election in this race. The GOP winner will face no Democratic Party opposition in the general election.

Martha Williams was born and raised in Cullman County. Her parents were Dr. Roy and Lucile Williams. Her only sister was Nina Williams and her two brothers are Roy and Dr. Dan Williams. She has a daughter, Lucy. She’s married to Bill McCartney and they are active in several ministries at Grace Episcopal Church. She has served as Board Member and President of both Daystar House Shelter for Women and Children and Good Samaritan Health Care Clinic. 

Melvin Hasting has been an attorney for 16 years, with trial experience in all types of legal proceedings throughout Alabama. Born in 1971, he is a lifelong resident of Cullman County. He is married to the former Shea Baker of Garden City. The Hastings have three sons ranging in age from 19 to 9. The Hastings attend Fairview West Baptist Church in Hanceville.

What experience and skills would you bring to the position?

Martha Williams: I graduated from the University of Alabama School of Law and was chosen to serve on Law Review and Farrah Law Society. I served as Clerk for the Presiding Judge of the Court of Civil Appeals before returning to Cullman to a private law practice for over 20 years. I handled Divorce and Custody; Worker’s Compensation; Contract, Probate and Property Disputes; Car Wrecks and Criminal Defense. I served as Guardian Ad Litem in Juvenile Court in hundreds of dependency and delinquency cases. I am a trained Mediator for Domestic, Advanced Domestic, Civil and Appellate Mediation; Past-President of The Cullman Bar Association; Presented oral arguments before Supreme Court of Alabama and all other state appellate courts; participated in Alabama Court of Appeals’ Demonstration for Southeast Alabama; Judge for the National Negotiating Competition at Cumberland Law School; past member Multi-disciplinary team for Child Advocacy Center; past member of Cullman County’s Juvenile Sex Offender Management Team.

In 2005 I began working for the District Attorney’s Office and was responsible for prosecuting serious felony offenses involving child victims. I continue to serve on the Cullman County Children’s Policy Council, The Board of Directors for Cullman County Community Corrections, and a newly-formed Task Force to address Mental Health Issues in our community. I have handled every kind of case that can come before a Circuit Judge – and have handled them from both sides. For the past five and one-half years it has been my honor to serve as one of Cullman’s Circuit Judges. 

Melvin Hasting: Not only do I have extensive trial experience in the 16 years of practicing law, but I also have experience in the disappointment and frustration of being a victim of crime that has not received compensation and justice from the criminals who have taken my property.

The experience that I have in the litigation of various legal issues have made me realize the importance of having both sides heard in all cases prior to making any ruling in a case. This trial experience has caused me to appreciate the importance of the rule of law and the necessity of following the law to protect the integrity of the court.

What are the specific aspects of this judicial position that moved you to seek office?

Martha Williams: After many years as a private attorney and as a prosecutor, I was more sure than ever that I wanted to serve Cullman County as a Circuit Judge. I had a very broad and deep understanding of the law, had developed a reputation within the legal and law enforcement communities for fairness, honesty and solid decisions. In 2012 I had many people encourage me to run for Circuit Judge and I was ready. What I didn’t know was that it seemed like half the lawyers in town decided to run too. We ran hard on what I was known for, fairness, honesty and a depth of experience that few lawyers had developed. Six years ago the voters of Cullman County elected me as one of their Circuit Judges.

Underlying all of that is my long-standing commitment to keeping our community safe. As you look through my experience you will see that in particular, protecting children has been a common thread throughout my career. What happens to them affects the entire community today and in the future.

One of the important aspects of being a good judge is the ability to listen and have those in front of you know they are being listened to. So, one of my commitments is to let everyone who comes before me know they are heard, that their claims and defenses will be respectfully considered, and that I will rule in their cases fairly and equally under the law. This is true no matter who the parties are.

Melvin Hasting: One of the most important responsibilities of a circuit court judge is the handling of criminal trials and the supervision of those convicted of serious felonies such as murder, robbery, burglary, sex offenses and drug offenses. Being a lifelong resident of Cullman County and understanding the important of keeping our communities safe, I will assure the citizens of Cullman that violent criminals and career criminals will be locked up when justice so requires them to be. I take pride in raising my family in a relatively safe Cullman County, and I want to ensure that my family’s future in Cullman County will be a future of safety and security.

What is the most significant challenge facing the court and how can that challenge be addressed?

Martha Williams: Lack of funding is the biggest challenge today. What that means is that for all the cases adjudicated in Cullman County there are four judges and four judicial assistants. The Circuit Clerk’s office has also lost half of their staff, there are no bailiffs and based on the number of cases we need at least one more judge. While those present significant challenges we have been creative in streamlining administrative processes so we can concentrate on the cases before us. 

A more difficult problem is prison overcrowding, which is also related to lack of funding. For instance, it is not uncommon for me to sentence someone to seven years in prison and within a few months, I will receive notice from the Parole Board that they have either been paroled or are being considered for parole. What is lacking is truth in sentencing and I hope that our representatives will address this critical issue in the next session.

Melvin Hasting: Since the decision has been made in this circuit court to have only one judge to handle the entire criminal caseload, a significant challenge now facing our court is the effective and efficient use of jurors to ensure that cases are not delayed for years and years. For justice to be served, the court can no longer waste any days of a jury week by sending the jury group home on Monday afternoon because there are no cases available for trial. To address this issue will require a judge to take the initiative in contacting the attorneys in cases prior to each jury week and having pre-trial dockets to determine the order of trials for the upcoming jury week. Another solution is to not limit any one jury week for just criminal cases, to also include civil jury cases which are prepared for trial in the event that the criminal cases on the docket are all settled.

What factors are considered in granting and setting bail amounts for defendants? What do you believe is the primary consideration?

Martha Williams: Primary purpose of bail is to insure that defendant will appear in Court as ordered. Alabama Rules of Criminal Procedure set out, in detail, all of the factors to be considered in setting bail when a person is arrested and charged with criminal conduct. They include: the nature of the offense, the defendant’s ties to the community, his or her prior criminal activity, the risk of danger to the public if released, the violence or lack of violence in the alleged commission of the offense; and other factors defined in the Rules.

In this campaign, my opponent has accused me of being “soft” on crime for setting bail too low. Yet, he and his co-counsel have sued me, Judge Nicholas, Judge Turner, Judge Chaney, Circuit Clerk McSwain and Sheriff Gentry in federal court claiming that our bail amounts are too high. This is not a political issue. This is a community safety issue. As for me, I will follow the law. I will look at each case and determine what is appropriate and authorized under the law. My primary considerations will always be community safety and fairness. 

Melvin Hasting: The Constitution requires bail to be set in all criminal cases except for capital murder. The purpose of bail is two-fold: one being the protection and safety of the community and the other is to ensure the appearance of the accused at trial. Seriousness of the criminal charges is to be considered when setting bail. With capital murder being the most serious criminal charge, I will not grant bail in these cases. While protecting the constitutional rights of those accused of crimes is important, the primary consideration in setting bail should be the protection of the community.