Bert Jordan has been a lawyer in Birmingham and Alabama for over 30 years. He is listed as counsel in over 125 reported decisions of the state and federal courts over Alabama.
His work ranges from private business personnel disputes and election campaign finance to real estate and environmental litigation. He has been attorney for each of the last three governors of Alabama, while they were in office. The work also includes service as counsel to the Finance Director and the Comptroller of Alabama in litigation over State policies barring government payroll deductions for political activity. He has litigated over the land transactions supplying incentives to auto maker Hyundai in connection with its decision to locate its first North American assembly plant in Montgomery. He has successfully represented members of the Alabama Educational Television Commission in a dispute over the State Open Meetings Act filed by the Commission’s former executive director.
In September 2017, Bert became general counsel to the Kay Ivey for Governor campaign, and, when she won the election in 2018, also served as general counsel to the Ivey Inaugural Committee. From early 2015 to December 2017, he was the State Legal Counsel to the Alabama Republican Executive Committee. He is a contributing editor for the Alabama Election Handbook, 2017-18 (18th ed.), published by the Alabama Law Institute. From 2006 to 2010, he taught constitutional law as an adjunct professor at Birmingham School of Law.
Bert is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, all Alabama federal district courts, and all Alabama state courts. From 2002 to 2006, he served on the Alabama Supreme Court’s Standing Committee on Rules of Conduct and Canons of Judicial Ethics. He is a member of the Alabama State Bar, the American Bar Association, the Birmingham Bar Association, and the Federalist Society.
- U.S. Supreme Court, 1989
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Courts for the Northern, Middle, and Southern Districts of Alabama
- University of Virginia School of Law, Charlottesville, VA, J.D., 1980
- Hillsdale College, Hillsdale, MI, B.A., History, summa cum laude, 1977
- Alabama State Bar
- American Bar Association
- Birmingham Bar Association
- Federalist Society for Law & Public Policy
- Alabama Special Deputy Attorney General, 2005 to 2017, 2019 to present
- All Saints Episcopal Church, Member, 1984 to present
- All Saints Episcopal Church, Vestry, 2009 to 2012 and 1987 to 1990
- Birmingham School of Law, Adjunct Professor, 2006 to 2010
- Handong International Law School, Adjunct Professor, Summer 2010
- Alabama Supreme Court, Member of the Standing Committee on Rules of Conduct and Canons of Judicial Ethics, 2002-2006
- Hillsdale College Parents Association, Executive Board Member, 2003-2005
- Community Kitchens, Board Member, 2008 to 2011
- Alabama Republican Party, State Legal Counsel, 2015 to 2017
- Jefferson County, Alabama Republican Party, Chairman, 1995-1999
- Contributing Editor, Alabama Election Handbook (18th ed.) 2017-18
- Jefferson County, Alabama Republican Party, Member, 1984 to 1999, 2013 to present
- Birmingham Irish Cultural Society, 2006 to present
Recent Cases of Note
- Ex parte Carter, 2018 WL3598913 (Ala. July 27, 2018) – obtained mandamus relief against trial proceedings which challenged award by State Finance Director of software contract without competitive bid
- United States v. Aossey, 854 F. 3d 453 (8th Cir. 2017) – disputing trial court jurisdiction over criminal charges in light of limitations in the Federal Meat Inspection Act, and reservation of powers to Secretary of Agriculture
- Breland v. City of Fairhope, 229 So.3d 1078 (Ala. 2016) – reversed trial court dismissal on statute of limitations grounds of developer challenge to municipal land disturbance ordinance.
- Gaddy v. S.E. Property Holdings, 218 So.3d 315 (Ala. 2016) – defending action to collect debt on failed real estate venture, and effect of bankruptcies by some guarantors on power to issue execution against non-bankrupt guarantors
- Drake v. Alabama Republican Party, 209 So.3d 1118 (Ala. Civ. App. 2016) – upholding discretion of political party to refuse refund of primary fee to candidate denied ballot access due to challenge to qualifications
- In re Hubbard, 803 F.3d 1298 (11th Cir. 2015) – obtained mandamus against federal trial court in civil case ordering discovery from Governor in challenge to statute limiting dues checkoff for public employees political organizations
- Moultrie v. Wall, 172 So.3d 1106 (Ala. 2015) – limited liability company owning car dealership in dispute over capital call and termination of ownership interest without convening a member meeting
- White v. John, 164 So.3d 1106 (Ala. 2014) – reversing trial court injunction against State Comptroller employee due check off guidelines issued without notice under State Administrative Procedures Act (and against their authorizing statute), where check off was barred by statute
- In re Alabama Educational Television Commission, 144 So.3d 265 (Ala. 2013) – successful defense of public TV board against former executive director’s charge that civil penalties were owed for alleged violation of Open Meetings Act