As
previously reported, in September Alabama's 9-member Court of the Judiciary (COJ) concluded that Alabama Supreme Court Chief Justice Roy Moore violated various Canons of Judicial Ethics in issuing an order to state probate judges telling them they had a duty under Alabama law to refuse to issue marriage licenses to same-sex couples. The COJ suspended Moore from office for the remaining two years of his term. This decision is now on appeal to a
specially constituted bench of the Alabama Supreme Court, the regular Justices having recused themselves. Yesterday, Moore filed a
95-page brief setting out his arguments. The brief summarizes them in part as follows:
The JIC [Judicial Inquiry Commission and the COJ did not have the jurisdiction or authority to review the Administrative Orders of the Chief Justice, as such authority is placed solely in this Court.
The COJ violated Rule 16 by imposing a de facto removal (i.e., permanent suspension without pay) upon Chief Justice Moore without the unanimous concurrence of all sitting members....
All charges against Chief Justice Moore must be dismissed because they have no legal basis and are not supported by clear and convincing evidence....
Section 159 of the Alabama Constitution, which imposes an automatic suspension upon the mere filing of a complaint with the COJ, represents a gross violation of due process in violation of the Fourteenth Amendment....
The JIC violated the confidentiality mandated by the Alabama Constitution and Rule 5 by disclosing information about Chief Justice Moore’s matter prior to filing charges and the penalty should be dismissal of all charges.
Liberty Counsel issued a
press release announcing the filing of the brief.
