Birmingham Water Works wants changes after judge prays ‘karma and justice’ against attorney

Frederic Bolling made it clear what his feelings were about a colleague — and their shared client, the Birmingham Water Works Board.

“You are not representing anyone but your own greed and I pray that karma and justice finds it(s) way to your doorstep,” Bolling wrote to a fellow lawyer in 2021.

Today, Bolling is a Jefferson County Circuit Court judge. And he’s overseeing a case that involves both the subject and the recipient of that angry email.

Now the water works wants the judge off of its case.

In a filing Thursday, the water works formally asked Bolling to recuse himself from presiding over the case where the utility is being sued by a Birmingham business owner.

Bolling’s firm formerly handled some cases for the water works before its services were discontinued in September 2021.

Mark Parnell, acting on behalf of the utility, wrote an email to Bolling at the time, ending the attorney relationship and asking Bolling to hand over documents and send his final invoice.

Bolling’s response to Parnell was direct and harsh, telling Parnell to never contact him again and accusing him of inappropriate “underhanded maneuverings.”

He continued assailing Parnell as a greedy attorney.

“I also know the outrageous billing that you engage in with regard to routine matters,” Bolling wrote. He finally ended the message with an ironic salutation:

“Be blessed.”

Bolling became a judge in 2025.

Water works attorneys included the entire email conversation in the court filing, citing the bitter exchange as a reason why Bolling should step aside.

The current civil case before Bolling was brought by small business owner Sherry McCostlin, who is challenging thousands of dollars in water bills charged by the water works.

This is not the first dust up between Bolling and the water works, according to the filing.

Before his election as a judge, Bolling in 2024 also sued the water works board on behalf of then-board member Lucien Blankenship in a dispute over a board “loyalty pledge” that Blankenship refused to sign. Another then-board member George Munchus was also a plaintiff.

“The presence of a strained or adversarial attorney-client relationship creates an unacceptable risk of perceived bias,” the filing states. “Given the legal precedent, the undisputed prior relationship between your honor and the defendant, and the apparent personal tensions reflected in the written communications, it is clear that recusal is necessary.”

Contacted by AL.com about the filing and Bolling’s comments, Parnell said the water works had asked that the motion be sealed and not made public but Bolling did otherwise.

“It’s unfortunate that this email is now part of the public record. While it may not be in my personal interests to have this in the public record, I have a duty to protect my client’s interests and point out this potential conflict,” Parnell said.

Parnell and his firm, Parnell Thompson, have represented the utility as its main legal firm for several years.

Birmingham Water Works serves more than 770,000 people across five counties.

Gov. Kay Ivey signed legislation turning control of the utility to a new regional board, citing an interest in improving service. A change in leadership is unlikely to immediately lower customer rates, however.

In one of its final official duties before being dissolved last week, the former water works board approved an employment contract and appointed Parnell as deputy general manager and general counsel for the utility.

In addition to his tenure representing the water works, Parnell was also associated with the City of Brookside as the town’s part-time municipal judge and prosecutor.

The small Jefferson County town became infamous for its heavy-handed police tactics, court fines and forfeitures.

Abuse in Brookside came under scrutiny after reporting by AL.com in 2022 revealed that the town used money from traffic stops to increase its revenue by 640 percent in two years. The police chief then resigned, and half of the police force quit or were forced out.

Whether Parnell will keep his water works contract is unclear. A newly seated seven-member regional water works board has since requested all documents, including a package of new employment contracts that were fast-tracked for approval – including his.

Parnell defended his professional reputation, noting that his resume includes serving as an attorney for the water works almost continuously since 1988. Those years covered the tenures of six general managers and more than 40 board members, he said.

“Because of that longevity, I have expertise in the complex legal matters involving water utilities and am uniquely qualified to represent this organization,” he said.