Tide Rolls Over Alabama Courts

The BCS Championship game is so big in Alabama that it has shut down school for three days and now led to an accidental-death case being delayed so an attorney can attend the game.

In a move that is becoming as much of a trend as SEC teams playing for and winning the national title, an Alabama lawyer filed a motion seeking a trial date continuance based upon a conflict with the Alabama-Texas BCS title game. Jon B. Terry, a 57-year-old defense attorney for Energen Corporation filed the motion in Jefferson County, Alabama stating as grounds for the continuance, the well-established Roll Tide exception to general court business.

In a call to his office, Mr. Terry's secretary "not the Auburn one" said she was not at liberty to announce the judge's response to the motion. But a call to the judge's chambers, the honorable Dan C. King presiding -- an Auburn man no less -- confirmed that the judge has granted the motion although an official order has not yet been released.

Judge King told the Birmingham News, "If I didn't, they'd say, 'He just didn't grant it because he's an Auburn fellow. I wouldn't do that to 'em."

Doubtless, Judge King found the legal reasoning provided in the motion for continuance to be far too compelling.

Stated Jon Terry esquire,

"1. This case was set for trial several months ago before certain monumental events occurred that were beyond the anticipation of the attorneys and the clients.

2. Since the setting of this case, one of the two great college football teams in this State has reached levels on a national scale that have not been enjoyed by any team in this State in 17 years next preceding the date hereof.

3. Currently, one of the two great teams in this State are playing for a national championship and has enjoyed an undefeated season and clinched the SEC Title Game.

4. Most of the attorneys representing all of the named Defendants have tickets and reservations to be in Pasadena on the 6th day of January, 2010, which date would conflict with the trial date as travel times and schedules for the game overlap the trial as currently set."

The motion concludes with a stirring eloquence that set hearts aflutter throughout the great state of Alabama:

"9. ROLL TIDE!! (although my secretary is for the other great team of this State, she feels that I need to attend this championship game!); and may the Longhorns be defeated."

The plaintiffs in the case were not as taken with the motion for continuance. "This case is a very serious case involving the death of the plaintiff's mother. The case was filed in 2005, and is ready to be tried. ... Simply stated, some things are more important than football."

As if.

You'll recall that an LSU attorney, Stephen Babcock filed a similar motion two years ago prior to LSU's game against Ohio State. In that motion, Babcock did the Alabama attorney one better, he referred to LSU's opponent, Ohio State, as Slowhio. The motion, not surprisingly, was granted. You can read my interview with the LSU attorney here.

Despite their recent appearance in two SEC title games, no Florida fans who make their living as attorneys have filed any motions seeking continuance for the title games. Doubtless this is because no Florida grads are capable of passing the bar.

Clay Travis is the author of three books. His latest, "On Rocky Top: A Front Row Seat to The End of an Era" chronicles the 2008 Tennessee football season and is on sale now and makes a easily wrap-able Christmas gift.