even with that recent ruling, she has no power over the probate courts of alabama. this is about an extension of power beyond federal authority. i'm talking about rule 65 federal rules of procedure which states very quickly a person is not bound if they're not before the court. and she noted that. then she joined one judge. she now has one judge under authority. but not the other remaining probate courts of alabama. >> yeah i mean this is -- this was a specific order to the probate judge in mobile, alabama, but you're saying this has no effect on the other 56 counties? >> absolutely, we've got this federal intrusion into state sovereignty is occurring right under our nose and nobody is standing up. 21 states have bowed down to federal court orders when they didn't have to. what they -- >> let me first ask, so are you saying that the other 66 county probate judges who have not been directly ordered by this judge that the other 66 probate judges don't have to issue and shouldn't issue marriage licenses to same-sex couples? >> that's what i'm saying sir. because that's

the problem is, most of these children lack the discipline to survive probation. one of the studies that they did years ago says anytime you put someone on probation for more than three years, you're setting them up to fail. this was an adult study, but i believe it applies to children even more. if you're going to place a child on probation and they survive two years-- i mean, that should be for a serious case-- without being rearrested, the odds are they're not going to come back to the court. >> hinojosa: so you have these kids' lives in your hands. did you ever imagine that you would end up... and when you sit on your bench, you're in, you know, your full court regalia, but do those kids who come up to you, judge, look and say, "wait a second, he's got two diamond studs in his ear. what's up with it?" i mean, do you talk to them and you say... and you talk to them like, "i understand you," and they look at you like, "there's no way, judge, that you can understand me"? >> i've had one child tell me i couldn't understand because i was born with a silver spoon. i

it's directed to one of the probate judges in mobile county.en filed against you. so this is the latest tactic that the lawyers for the same-sex couples are using to try to settle this question. here is the legal point. the judge herself, who ordered the state to stop its ban on same-sex marriage the judge herself said in a clarifying ruling, it's true my ruling does not directly compel the probate judges to do anything. they're in the judicial branch. her ruling was addressed to the executive branch specifically the attorney general. the point being, however, is that while ray moore, the alabama supreme court justice that you're looking at there, while he's told these probate judges they must obey the alabama constitution which bans same-sex marriage those same judges take an oath to the federal constitution and you have a federal judge saying that the u.s. constitution doesn't allow them to ban same-sex marriage. so i think the hope is that if she rules against this judge, this probate judge, and orders him to start granting the marriage, it

straight or gay, so -- >> that's how these probate judges dealt with it? they just said no marriage licenses today? >> that's correct, they refused to issue any marriage licenses today. >> how does this play out? is there concern about this legal status of marriages are that are happening? it looks like it will be resolved one way or the other. what is the next steps, do you have a kind of strange tale of two states for the foreseeable future where folks can get married in some counties and not others. >> it is alabama, we have done this before. it is amazing to me if people know anything about alabama history that here we are again with some people standing in the schoolhouse door, so to speak, refusing to uphold the constitution and carry out a federal court order. as i said last time missouri is a show me state and alabama is the make me state. it will be interesting to see what happens. but you know all of this will become so normalized as more people come out, more people get married, start having discussions, and in a couple years we'll look back on

she pled guilty and served six months of a ten-year sentence before being released on probation.violated by leaving the state and now awaits a court hearing which could result in her first prison sentence. i have nine and a half years over my head. >> what scares you the most about prison? >> that my mind may deteriorate. i might become more bitter and resentful and i might end up just saying [ bleep ] it . >> walker said she's developed plenty of bitterness and resentment locked away in her administrative segregation cell. ♪ >> you've got me locked up in my cell 24/7, anyone would go craze pep someone who is completely sane before they come to jail and they're in their cell for that [ bleep ] long, eventually you just might snap. >> ironically, walker says her outbursts in jail have resulted in not being allowed to participate in programs like anger management. while mental health staff will not comment on their treatment of individual inmates, walker does acknowledge having received help from them. >> when i did come here this time to the health staff i've been more helpful. i

and the district attorney in favor of the domestic violence unit at the doofks. >> our juvenile probation chief and police commissioner and the depth cohesive paul henderson and port director monique and the status of women julie sue and today would not 45e7 without my colleagues i want to call up any partners in this project dr. emily murase for 9 department of the women and the beverly upton with the san francisco consortium of san francisco and, of course one belittle rising would not 45e7 without the director of b day susan swan. (clapping.) and hi, everyone well today's greater in this room and the rotunda and being with the woman that work day to day we know we've work on this issue everyday tests person and specific it types of our hearts and bodies by coming together and advancing today, we come together in community and we come together and we claim and demand an end to violence against women and girls i thank you we're so excited to dance again so everyone has a chance to get up there are a couple of things we rise weer unusual in the rising around the world we're on the west co

he was arrested for driving under the influence, violations of probation for a prior dui.erve the remainder of his sentence, three years, in the santa rita jail. >> i never really wanted too many people that don't know me. me, i'm distinctive to me. i have this certain look and aura about myself. i stay in ocean ways for the bays and i might have shorted curls for the girls. i stay -- i'm always dressed to impress. >> you know what i'm talking about? >> there's been other celebrities and people of fame that have come in here. most of those people have been put into protective custody, not only for themselves but also the other people. in dru down's case, he wouldn't need protective custody because most of the people respect him and wouldn't try to do something that would harm him. >> protective custody or pc is not just for celebrities. it's for inmates whose lives could be threatened in other parts of the jail. at santa rita, the largest percentage of those are gang dropouts. >> any time we get gang dropouts saying they quit the gang for whatever reason, were whether it b

mayor's office and the department of youth and department of public health and adult and juvenile probation and, of course the department on the status of woman d o s w provides an investment it supports 25 programs for the violence against women mission girls and the program is one of the many preservation programs funded by itself city and county of san francisco to serve girls and young women between the ages of 10 and 17 years old it is focused on guardrail the next generation of young women by offering services to inspire them those have experienced crimes and their latino youth girls and are the hardly to reach the violence and poverty mission girls incurs young women to enclosure option and women and girls here in the city and county of san francisco so today please join me in welcoming restraining order and your next speaker (clapping.) hello, everyone i'm sue is an be rajas i'm speaking not only as the director but as a survivor of a relationship violence today, we are here to help end domestic violence against women i want to thank the courageous women and men that being a woman i

he was sentenced to 10 years probation. he went through rehab quit drugs and got a job working at a homeless shelter. there he met and eventually married his wife, hope. their future seemed bright, but that changed abruptly on marsh 30, 2011. >> i went to open the door and this ice agent pull add gun and i said what's going on. he said are you a citizen? i said no. he said ok you have to come with us. you have to be detained. >> he said immigration police are here. i opened my eyes, said who are they looking for? he said me! they said that my plea bargain violated my green card. >> i don't know how long the consequences of the actions of my part are going to stay with me. >> his attorney said we're trying to keep you out of prison. they didn't say do you understand you will be deported. >> he was picked up by ice because of laws passed in 1996 that dramatically expanded the type of offenses that can trigger deportation. suddenly shoplifting and marijuana possession became aggravated felonies. >> the law says that the attorn

getting their marriage license at the probate office.es were ready by forms from the department of health. jefferson county judge allen king made it clear yesterday he is prepared to go forward. >> we usually have one window open. we will plan to have two windows open. we'll be ready with the forms and multiple windows open and it will be like, we'll just -- whatever happens in jefferson county, we will be ready. >> in birmingham, a judge asked for a picture with the newlyweds in some ways this is remarkable in the sense that 36 states already sanctioned same-sex marriage and alabama became the 37th. but in other ways the path to this was more contentious and hard fought thanks to a stubborn tradition of thumbing their nose at the federal government. it started a little more than two weeks ago. a federal judge, struck down alabama ban on same-sex marriage. a part of alabama's state constitution. the same judge agreed to put her own ruling on hold for 14 days for appeal. the alabama attorney general appealed it. but they denied the reques

for some of these probate judges, the local probate judges in alabama, look in one sense, i understandare because they have a federal court telling them this is unconstitutional, and you have to let gay people get married. then they have their own state supreme court justice saying the opposite. now, we all know and they all know there's this thing called the supremacy clause and that federal law controls and that's what the court is going to order today. so on the one hand i think they know that. on the other hand, they were kind of put in a difficult position. >> so patricia todd state representative todd what happens then when the inevitable ruling comes down from the federal level saying no actually, the supremacy clause is real, and you have to comply with this? in terms of the real world, how does this wind up playing out? how, under alabama law, could one actually enforce this? >> well i don't think so. we've been here before. alabama doesn't exactly have a history for obeying federal court orders. and of course we've got our supreme court justice saying he doesn't have to do th

the probate judges work for the state of alabama.is no meaningful distinction between the attorney general and the probate judges. that's where moore among other places is wrong. >> so ultimately, what's going to happen here? today we have judge meeting judge in court. effectively is this going to be open and shut simple and go a little further and tell me what will happen to chief justice roy moore. >> i think it's going to be open and shut and simple. there's a hearing in the federal district court today in alabama. it turns out in the mississippi court, the judge in our case quoted william faulkner who said that the past is never dead, it's not even past. we're going to see an example of that today because the judge in alabama, her grandfather was called the fifth circuit four. one of the four judges that enforced civil rights throughout the south. so she knows what she's dealing with. >> that bears repeating. that the federal judge who passed this directive down to alabama is the granddaughter of this man who was one of the four

district judge gin think about grenade who this afternoon order the probate judge in mow peel countyn issuing marriage licenses to same-sex couples. >> right now, i'm very proud. very proud of this state. >> reporter: in late january, grenade declared alabama's ban on same-sex marriage unconstitutional and ruled the state could no longer deny marriage licenses to gay couples. but the chief judge of the state supreme court, roy moore intervened telling probate judges who hand out the marriage licenses that green need had no authority to tell them what to do >> it's matter of jurisdiction between state and federal courts. the ultimate arbiter is the united states supreme court but until they decide the issue state courts have a certain right. >> reporter: the conflicting orders created what one state supreme court judge called a "circus." 23 counties dan issuing licenses to same-sex couples. 18 refused. 26 of those offices, including mobile simply shut down. judge grenade sought to clear up the circus with today's action and while mobile probate judge don davis immediately complied wit

today a judge sentenced 19-year-old timothy brooks to nine to 23 months in jail plus five years probation. brooks pleaded guilty to recruiting friends and pushing drugs to students at local high schools and universities out of his villanova em who. montgomery county judge presiding over his case says he may be eligible for work release after serving three months. >>> former pennsylvania state treasurer rob mc cord is pleading guilty to federal extortion charges. mc cord resigned on friday. prosecutors say he used his office strong arm potential campaign donors during his run for governor last year. court papers filed today in federal court in harrisburg include a plea agreement signed by mc cord. >>> to developing story now. the city is now disciplining firefighters involved in a sex scandal that is shaking up the department. fox 29's dave kinchen reports several are accused of having sex with a female paramedic while on the job. >> reporter: sources tell fox 298 members of the philadelphia fire department were ordered to appear before city officials to

but really get -- i was in the probation department. i was recruited into probation because of my the programming i created in the community. and a lot of what we did is i was able to become that community liaison, right? so often times, when i think about decentralization, i felt often times police officers or probation officers aren't equipped with the community resources. they don't know what's access accessible or available to them. and that leads into my federal mandate on system accountability, which i've talked to brian about. he was part of our three-day conference call. and one of the things i really do see is i was a part of a system that was held accountable. and it was a way in which we were hired. so not everybody came from law enforcement. our training. we had to do the strength-based approach. we had to do different types of trainings i felt equipped me to be the best probation officer i could be. i feel why is there a system that's working in one community, yet the neighboring county is the complete opposite, which is pu

i contacted several probate judges and asks them what their opinion is. at this point they were not ordered to defy the state ruling that struck down the state's ban but they had sent down some memos that maybe they might not want to think about issuing marriage licenses. most of them that i talked to said they would grant marriage licenses to same sex couples and we are seeing that today. gay and lesbian couples are marrying and some said they would not issue marriage licenses. we heard the same legal reasoning that we heard from chief justice moore that federal courts don't have the authority to tell the state judges what to do they take their cues from alabama state supreme court and some probate judges have decided not to issue any couples gay or straight because of their religious objections to homosexuality. >> and what is the outrage at judge moore who has been controversial in the past. is this horrifying state officials watching him become a throw-back to the 1960s and defy the federal laws? >> there is a well of support a good number of judges a

that attorney general did not have the function of the probate courts. he stated that very clearly in his affidavits. that power over the probate courts is under the administrative direction of the chief justice of the supreme court, and that's myself. >> all right. the issue will go to the u.s. supreme court later this year. we'll see what happens. >>> still to come in the "newsroom," the cease-fire is coming but some of the front lines in ukraine plan to keep fighting. is the deal doomed to fail? we'll talk about that next. in the attic. no. in the basement. why can't we just get in the running car? are you crazy? let's hide behind the chainsaws. smart. yeah. ok. if you're in a horror movie, you make poor decisions. it's what you do. this was a good idea. shhhh. be quiet. i'm being quiet. you're breathing on me! if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. head for the cemetery! when the moment's spontaneous, why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to

the defense asked for just probation, 4,000 hours of community service. if you must sentence her give her nine months and split it. split it. but -- the judge gave her one year and 12 months and one day -- 12 months and one day. and mike back to you. >> to analyze the case. that will do it for the news at noon. we're back on tv at 5:00. and of course our app >> kevin: so, austin is dead. we carried his body outside in the snow and arranged it to look like an accident. we are committed to this. >> mariah: it's not like we can bring him back inside and thaw him out. >> abby: seriously? >> fenmore: you're making jokes? >> mariah: yeah, you're right. let's stick with panic and confusion. >> noah: this is real. this is happening. >> courtney: yeah, and some of us have more to lose if we don't get it done right. >> fenmore: i've been to prison. i'm not going back for being an accessory to murder. >> noah: we all agreed that we're not gonna let summer take the blame for this. we just have to get our stories straight. okay? okay. then it's settled. we're all in.

>> all of these probate judges are elected. some of them are well intentioned and sincere people who believe this action is wrong, conflicts with their bible. many, i suspect, are politicians who are nervous to show up in their churches on sunday having followed the federal law. roy moore has run for governor twice. the people of the state have rejected him twice. he has himself disobeyed a federal law and lost his seat. alabama still remains a very conservative place, but not as conservative as it once was. what is interesting today is that you don't see -- while you see more resistance than compliance you don't see whole resistance in this state, and the governor will not back moore in terms of putting teeth into his order because the governor said this afternoon that he would not attempt to impeach or remove probate judges who followed the federal court order. >> in terms of judicial elections, 38 states have some form of election and alabama is one of seven states that has partisan elections. how much of that is a pattern t

from the alabama probate court. welcome to "this week."udge, you were the first probate judge who said publicly you would issue same-sex marriage licenses. any hesitation about going head to head and defying your own state's chief justice? >> no. there was no hesitation at the time, chief justice moore had not started bloviating on the topic. so there was no need to defy. because i didn't ask for his opinion and frankly didn't need it. the federal judge told us what we could do. that was all i needed. >> polls in alabama. alabama approved the ban on same-sex marriage in 2006 with over 80% voting yes. and even now in alabama, look at the latest poll, 59% say they oppose same-sex marriage. isn't the -- aren't the people of alabama with judge moore on this? does that bother you? >> no, that doesn't bother me at all. we're a nation of laws not of men. we're sworn to uphold an oath in the probate court. that's what we do. we uphold the oath. as it relates to the state constitution and the u.s. constitution. we understand that we can't bring pol

we're sworn to uphold an oath in the probate court. that's what we do. we uphold the oath. it relates to the state constitution and the u.s. constitution. we understand that we can't bring politics and personal feelings into decisions we make day to day. >> have you felt pressure since this has happened? what's happened? you have the chief judge telling you to do something entirely different from what you're doing. >> no, there hasn't been any pressure on me. i think it was a desperate attempt to defy the federal government. that places alabama a step backwards in some people's eyes. when they see things happen. the defiance and the resistance. i think we're on the front side of this. on the right side of history. >> the supreme court will rule in june on this. if they rule, as many expect, that same-sex marriage is constitutional across the country, does that end the issue in alabama? >> i would love to tell you it would. but certainly, we have seen in evidence the past as it related to school integration, voting rights, as well as public housing desegregation cases, that

so now we're in the probate stage.a will or don't the court acknowledges is that there was a will and, in fact they validate it's a legal document. they appoint the exec it inventory and your wishes are fulfilled, but it's a process of going through the court. people think, steve, when you have a will that it's a vehicle to avoid probate. in fact, when you have a will, it actually ends up in a probate process in the court of law. >> in our case we're in probate because there was no will. but even if you have a will you wind up going through probate, right? >> either way. no matter what. if you don't have a will or have a will, unless, which we'll talk about, there are certain exceptions that you could avoid that process. >> okay. since you just touched on that, what are the ways to avoid the probate process? >> some of the most common things you could do. obviously the most obvious thing is if you have a life insurance policy, you basically name a named beneficiary. if you have bank accounts, you can name a specific be

. >> bumgardner was on probation for attempted robbery when he was taken into custody for failing a drug test. he was here for only nine days when he says his assailant accused him of being a snitch. >> i was sitting in the cell with a bunch of people. we were just talking. he walks by and says somebody is snitching on him. and he was like, it's probably you. he's like, because you were gone yesterday for an hour. >> bumgardner says he left the unit not to snitch, but because he had a visit. >> tried talking to the dude and i was like, you need to think about what it is you're saying. like, when have i ever talked to you? i don't even know what the [ bleep ] you're here for. >> bumgardner says a short time later, the inmate attacked him in his cell out of view of staff. >> pushed from behind, slammed my face in the wall, hit right here, i fall on the ground. he stands up and he stomps me in the face. knocks me clean out. i woke up, i had people coming in the cell and i was fading in and out of consciousness. they rushed me immediately to the hospital. >> bumgardner wound up with a fractu

and me just being there, bam, already the violation of probation because there was felons there.nything they had in the house, their paraphernalia, their drugs, whatever, i got charged with it. i've been clean since i was out. >> it's disappointing. it's not that we don't see this all the time, but it's just that sometimes we're not there when people come back. everybody makes proclamations of great change while they're in jail. >> i'm going to be honest. the food. >> you look thinner. >> i'm totally out of it. this is -- i'm shocked. when they kicked in the door, i was completely shocked. >> met. right on the table that i was standing right by. it's not mine. >> that smell, that same nasty-ass smell. >> i hope that the judge will believe me, you know, that it wasn't mine and hopefully these charges will be taken off of me. if not, i don't know what's going to happen. >>> follow "lockup" producers and crew as they go behind the walls of america's prisons and jails. the scenes you've never seen. "lockup:raw ". >> a lot of people don't realize that "lockup" has been on the air sinc

. >> are you on probation or parole? >> i wasn't doing nothing. >> but who are the everyday johns who buy these women. >> are you married? >> yes. >> what would your wife say if she saw this? >> this is humiliating. i've never done anything like this before. >> while police fight the rising tide of criminals who profit, san francisco is cracking down. unmasking the ceos, husbands and workers who fuel the black market sale of girls. >> i like girls. why not? >> it's 9:00 p.m. on a friday night and inspector steve revella, a 14-year veteran of san francisco's vice unit is headed to the upper tenderloin, a well-known area where women are sold. >> tonight we're doing a, what we call a first offender's prostitution operation. it's where we send out a female police officer posing as a street prostitute. and the johns will approach her. if she gets all the elements of solicitation, they'll be arrested for soliciting prostitution. >> this san francisco police officer is an undercover decoy who has worked this corner many times.

his probation. knight says his dedication to gang life is not at all what it used to be. >> i haven't been in jail since i was 16. i've been a crip since i was 8. once you get in, you can't really get out. so i am what i am. but -- all these tattoos i got, they've got to go. all prison tattoos. glorify being incarcerated. being in gangs. >> while knight admits to a near lifetime of criminal behavior, he says he now wants to set a different example for his three young children and protecting his family is what led to his latest conviction. knight says he told some loud neighbors to quiet down. then one of them attacked him with a machete. >> the next thing i know, he hits me in the shoulder with the machete. crazy. he cut my face from here to there. 15 stitches in my face. cut my hand open. and i finally got the machete from him. i hurt him pretty bad. i almost killed him. cut his head open down the middle. had to get 140 staples in his head. almost cut both his arms off. i mean, somebody tried to ki

. >> reporter: with hopeful supporters looking on montgomery probate officials opened the doors to the courthouse and stamped the preliminary paperwork for shonta and tory. in alabama, this was the exception. in county after county many court officials refuse to issue same-sex marriage because of a directive from their boss chief justice. >> i'm not trying to restrict it but a court cannot determine otherwise. >> reporter: despite the ruling declaring the ban on state marriage unconstitutional. sunday night chief justice moore instructed probe ail judges to uphold the alabama law and not issue marriage licences. >> do i have a problem. i support the constitution of alabama, which says marriage will be between one man and one woman. i see no power in the federal government or the united states supreme court for that matter to redefine marriage. >> reporter: this is the only court in the south to provide the law on gay marriage. it's a similar stance. 50 years ago george wallace defied the court, blocking doors in a stand against immigration. >> george wallace whacked himself in the race

judges and alabama has a situation instead of clerks it's probate judges, some are doing it, some orpreme court is out of it. the state said would you please put a hold on the lower court order that has the started in the whole thing saying the ban is unconstitutional and the u.s. supreme court said no. footnote clarence thomas and scalia had a dissent saying this is not the way to treat states. we'll rule on this anyway, let's just wait. justice thomas writing for the two of them said maybe the fact that the full court is unwilling to do this sort of presupposes how the u.s. supreme court is going to rule on this ultimate question. interesting little statement he makes. where do we stand? roy moore the chief justice in alabama is the administrator of all judges and what he said today unquestionably right that the order of a federal judge in alabama does not bind the state probate judges. correct. however, he may not be right that in telling the state probait judges they must obey the alabama constitution, which is at odds with the federal constitution on this question. he can't tell