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    Ohtzu3jp20fmm0wabnlrf4hg 5729bfed d2c5 45ff 820b 9f75ed07adaf

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    Caleb Taylor
    The petitioner, Kimberly Holcomb, seeks a writ of quo warranto to remove Dr. Steven Stokes from the Alabama Medical Cannabis Commission. The petition alleges that Dr. Stokes unlawfully holds his position on the Commission because he is currently a public official as a trustee of the University of South Alabama, violating a provision of the enabling statute that prohibits current public officials from serving on the Commission. The petition asks the court to declare Dr. Stokes' appointment invalid and to issue the writ removing him from office.

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    Ohtzu3jp20fmm0wabnlrf4hg 5729bfed d2c5 45ff 820b 9f75ed07adaf

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    Caleb Taylor
    219 views4 pages
    The petitioner, Kimberly Holcomb, seeks a writ of quo warranto to remove Dr. Steven Stokes from the Alabama Medical Cannabis Commission. The petition alleges that Dr. Stokes unlawfully holds his position on the Commission because he is currently a public official as a trustee of the University of South Alabama, violating a provision of the enabling statute that prohibits current public officials from serving on the Commission. The petition asks the court to declare Dr. Stokes' appointment invalid and to issue the writ removing him from office.

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    AMCC lawsuit

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    Ohtzu3jp20fmm0wabnlrf4hg 5729bfed d2c5 45ff 820b 9f75ed07adaf (1)

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    The petitioner, Kimberly Holcomb, seeks a writ of quo warranto to remove Dr. Steven Stokes from the Alabama Medical Cannabis Commission. The petition alleges that Dr. Stokes unlawfully holds his position on the Commission because he is currently a public official as a trustee of the University of South Alabama, violating a provision of the enabling statute that prohibits current public officials from serving on the Commission. The petition asks the court to declare Dr. Stokes' appointment invalid and to issue the writ removing him from office.

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    219 views4 pages

    Ohtzu3jp20fmm0wabnlrf4hg 5729bfed d2c5 45ff 820b 9f75ed07adaf

    Uploaded by

    Caleb Taylor
    The petitioner, Kimberly Holcomb, seeks a writ of quo warranto to remove Dr. Steven Stokes from the Alabama Medical Cannabis Commission. The petition alleges that Dr. Stokes unlawfully holds his position on the Commission because he is currently a public official as a trustee of the University of South Alabama, violating a provision of the enabling statute that prohibits current public officials from serving on the Commission. The petition asks the court to declare Dr. Stokes' appointment invalid and to issue the writ removing him from office.

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    of 4

    DOCUMENT 2

    ELECTRONICALLY FILED
    7/25/2023 4:38 PM
    03-CV-2023-901012.00
    CIRCUIT COURT OF
    MONTGOMERY COUNTY, ALABAMA
    GINA J. ISHMAN, CLERK
    IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

    Kimberly E. Holcomb, an individual, and )


    on behalf of the State of Alabama, )
    )
    Plaintiff, )
    )
    v. ) Case No. _______________
    )
    Steven Stokes, M.D., ) (THIS CASE IS RELATED TO
    ) CV-2023-000231.00)
    Defendant. )

    PETITION FOR WRIT OF QUO WARRANTO

    Kimberly E. Holcomb, an individual, and on behalf of the State of Alabama (the

    Petitioner) brings this petition for the writ of quo warranto1 in accordance with Alabama

    Code § 6-6-591 against Steven Stokes because Dr. Stokes unlawfully holds public office as a

    member on the Alabama Medical Cannabis Commission (Commission) and asks the Court to

    remove Dr. Stokes as a member from the Commission. In further support, the Petitioner

    states the following:

    Parties

    1. The Petitioner is an individual citizen of Alabama.

    2. Dr. Stokes is the chairman of the Commission and a resident of Alabama.

    Jurisdiction and Venue

    3. Jurisdiction and venue are proper in this Court under Alabama Code § 6-6-

    591(c) because the acts done occurred in Montgomery County, where the Commission does

    business.

    1 “[T]he purpose of the writ of quo warranto is to ascertain whether an officeholder is constitutionally
    and legally authorized to perform any act in, or exercise any functions of, the office to which he lays
    claim.” See Ex parte Sierra Club, 674 So. 2d 54, 57 (Ala. 1995); see also Akers v. State ex rel. Witcher,
    215 So. 2d 578 (Ala. 1968) (“Quo warranto is the proper procedure to test whether or not a party is
    eligible to hold public office.”).
    DOCUMENT 2

    Facts

    4. The Alabama Legislature recently passed the Darren Wesley ‘Ato’ Hall

    Compassion Act (the Act), creating an entirely intrastate health care market for the

    production, processing, transportation, dispensation, testing, and use of medical cannabis.

    See Ala. Code §§ 20-2A-1–100.

    5. The Act creates the Commission to regulate the medical cannabis market. Id.

    § 20-2A-20(a).

    6. The Act authorizes the President Pro Tempore of the Senate to appoint two

    individuals to the Commission, one of whom must be “a physician licensed to practice

    medicine in this state certified in the specialty of oncology.” Id. § 20-2A-20(a)(3)

    7. In July 2021, the President Pro Tempore of the Senate appointed Dr. Stokes to

    the Commission to fill this role.

    8. The Act prohibits any Commission member from being a “current public

    official.” Ala. Code § 20-2A-20(c) (“Any current public official, candidate for public office,

    current public employee, or registered lobbyist may not serve as a [Commission] member.”).

    9. At the time of his appointment to the Commission, however, Dr. Stokes served

    as a trustee for the University of South Alabama (USA), and he was recently re-appointed as

    a trustee for USA on May 5, 2023.

    10. As a trustee of USA, Dr. Stokes is a “public official” that cannot serve as a

    Commission member under the Act.

    11. Alabama law defines a “public official” as “any person appointed to a position

    at the state, county, or municipal level of government or their instrumentalities, including

    governmental corporations.” Ala. Code § 36-25-1 (emphasis added).

    12. USA is a “public body corporate.” See id. § 16-55-1.

    2
    DOCUMENT 2

    13. As noted, Dr. Stokes was appointed to the position of trustee of USA, an

    instrumentality of the state.

    14. Trustees of USA (like Dr. Stokes) are public officials.

    15. Because Dr. Stokes is a public official as a USA trustee, he cannot serve on the

    Commission. See Ala. Code § 20-2A-20(c) (“Any current public official, candidate for public

    office, current public employee, or registered lobbyist may not serve as a [Commission]

    member.”).

    16. Dr. Stokes thus unlawfully holds public office as a Commission member.

    17. Upon information and belief, one or more of the other Commission members

    left other positions as public officials before accepting their appointments to the Commission.

    18. The Petitioner brings this action under Alabama Code § 6-6-591 against Dr.

    Stokes for unlawfully serving as a Commission member.

    19. The issuance of the requested writ of quo warranto will serve the public good

    and ensure that all Commission members comply with the Act.

    20. The Petitioner will give security for the costs of the action as required by

    Alabama Code § 6-6-591(b).

    For these reasons, the Petitioner respectfully asks the Court to declare the

    appointment of Dr. Stokes to the Commission in violation of the Act and thus illegal and void.

    The Petitioner further asks the Court to issue a writ of quo warranto removing Dr. Stokes

    from the Commission.

    Respectfully submitted:

    /s/ William G. Somerville


    WILLIAM G. SOMERVILLE [SOM005]
    MICHAEL CATALANO [CAT010]
    JADE E. SIPES [SIP002]

    Attorneys for the Petitioner

    3
    DOCUMENT 2

    OF COUNSEL:
    BAKER, DONELSON, BEARMAN,
    CALDWELL & BERKOWITZ, PC
    1901 Sixth Avenue North, Suite 2600
    Birmingham, Alabama 35203
    Telephone (205) 328-0480
    Facsimile (205) 322-8007
    [email protected]
    [email protected]
    [email protected]

    SECURITY FOR COSTS

    We hereby acknowledge ourselves security for costs. For the payment of all costs

    secured by this undertaking, we hereby waive our right of exemption as to personal property

    under the Constitution and laws of the State of Alabama.

    Executed with our seals this _______ day of ______________________, 2023.

    Filed and approved: _________________ /s/ Kimberly E. Holcomb__________(L.S.)


    (Date) Principal

    /s/ William G. Somerville__________(L.S.)


    Surety

    ____________________________ /s/ Jade E. Sipes__________________(L.S.)


    Circuit Clerk Surety

    Please serve Defendant via Process Server:

    Dr. Steven Stokes


    33 Hampton Way
    Dothan, AL 36305

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