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IN THE SUPREME COURT OF ALABAMA

ROY S. MOORE, CHIEF JUSTICE OF THE SUPREME COURT OF ALABAMA

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)

)

 
 

)

Appellant

)

)

 

v.

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App Case No. 1160002

 

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COJ Case # 46

ALABAMA JUDICIAL INQUIRY COMMISSION

)

)

 

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Appellee

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MOTION TO ENTER

 
 

AMICUS CURIAE APPEARANCE

 

COME

NOW

the Judges named below (hereafter "Amicus

Curiae

8

Judges")

to request

permission

appearance as Amicus Curiae in this matter.

to

enter

an

In support of

this Motion, the Amicus Curiae 8 Judges submit the following:

1. Circuit and District Court

Judges in Alabama,

including retired appointed to preside over active cases, are

subject to a disciplinary process pursuant to the Alabama

Constitution

of

1901,

Amendment

328,

§§

6.17-6.19,

establishing Article VI of present Alabama Constitution.

2. A disciplinary case against a judge, particularly

against the Chief Justice of the State’s Supreme Court, will

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set precedent for every judge investigated by the Judicial

Inquiry Commission or tried before the Court of the Judiciary

in the future.

3. The instant case presents squarely the issue as to

whether the Court of the Judiciary may adopt a form of

discipline that circumvents the purpose of the unanimous vote

required by its own procedural rules for removal of a judge

from office. Rules of Procedure for the Alabama Court of the

Judiciary, Rule 16.

4. In its investigation, the JIC did not comply with

the

procedural

rule

issued

by

the

Supreme

Court,

specifically Rule 6 dealing with notice and investigations.

When judging judges who

violate

ethical

rules,

it

is

important that the JIC comply with the procedural rules, so

that judges have confidence

disciplinary process.

in

the

fairness

of

the

5. Also, the severity of the punishment for the Chief

Justice’s administrative speech in this particular case calls

for modification

by

this appellate

court lest

judges

misperceive that their judgment and the expression of that

legal judgment must comport with a particular political and

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religious viewpoint, even when they state a valid, though

arguable, point of law.

Consequently, the judges, whose names are listed in this

Motion and who themselves could conceivably be subject to

investigation and disciplinary action in the future, request

that this Court grant permission to enter their appearance as

Amicus Curiae because the punishment imposed in this case on

Defendant-Appellant, Chief Justice Roy Moore of the Supreme

Court of Alabama, is tantamount to a removal from office

requiring the concurrence of all members of the Court of the

Judiciary. Also, because we are “a nation of laws and not of

men,” the Judicial Inquiry Commission

and

Court

of

the

Judiciary should adhere strictly to the procedural rules

issued by the Alabama Supreme Court.

Lastly, the Court of

the Judiciary should be wary when taking an advocacy position

with

respect

to

legal

issues

subject

to

differing

interpretations by judges and lawyers and which are subject

to philosophical dispute.

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Respectfully submitted this 14th day of December, 2016.

ATTORNEY FOR AMICUS CURIAE 8 TRIAL JUDGES OF ALABAMA

WINTHROP E. JOHNSON (JOH086) OF COUNSEL

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TRIAL JUDGES JOINING AS AMICUS CURIAE

Tim Riley, Circuit Judge 27th Judicial Circuit

T. Lee Carter, Presiding Circuit Judge 25th Judicial Circuit

John Bentley, Circuit Judge 25th Judicial Circuit

Mark Hammitte, District Judge 25th Judicial Circuit

Ashley McKathan, Retired Circuit Judge 22d Judicial Circuit

Jerry Stokes, Retired Circuit Judge 22d Judicial Circuit

Frank L. McGuire, III, Retired District Judge 22d Judicial Circuit

Rusty Johnston, Retired Circuit Judge 13th Judicial Circuit

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CERTIFICATE OF SERVICE

I

hereby

certify

foregoing upon:

that

I

have served

a

copy

of

the

John L. Carroll Attorney for the Appellee, Judicial Inquiry Commission P.O. Box 303400 Montgomery, AL 36130

Rosa H. Davis Attorney for the Appellee, Judicial Inquiry Commission P.O. Box 303400 Montgomery, AL 36130

Ashby Pate Attorney for the Appellee, Judicial Inquiry Commission 400 North 20th Street Birmingham, AL 35203

Phillip Jauregui Attorney for Chief Justice Roy Moore, Alabama Supreme Court Judicial Action Group 7013 Lake Run Drive Birmingham, AL 35242

Mathew D. Staver Liberty Counsel Attorney for Chief Justice Roy Moore, Alabama Supreme Court P.O. Box 540774 Orlando, FL 32854

Horatio G. Mihet Attorney for Chief Justice Roy Moore, Alabama Supreme Court P.O. BOX 540774 Orlando, FL 32854

Judicial Inquiry Commission Commission Members P.O. Box 303400 Montgomery, AL 36103-3400

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by hand delivery or by placing a copy of same in the United States Mail, First Class postage prepaid, on this the 14th day of December, 2016.

OF COUNSEL

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