Suspended Alabama Chief Justice Roy Moore wants shake things up before his appeal over his suspension from the bench stemming a controversial gay marriage order.
Moore filed the motion Monday seeking the recusal of four of his colleagues, current Alabama Supreme Court justices, from hearing his appeal of his ethics convictions. He’s also requested the prohibition of three temporary justices who sat on his unsuccessful challenge to the Judicial Inquiry Commission (JIC) in May, from hearing his appeal.
The justices were not named, and the filing accuses the justices of “biased and unconscionable actions” according to a statement released by Moore’s lawyer, Mat Staver, founder and chairman of the legal group Liberty Counsel. According to Staver, the filing is under seal.
Moore is also seeking the recusal of Justice Greg Shaw, by name.
While Shaw did not preside over Moore’s prior JIC petition, earlier this year he called Moore’s order to probate judges on the issuance of same-sex marriage license “silly” and his public comments “unethical.”
Last month, Moore was suspended from the bench for the remainder of his term for encouraging probate judges to defy federal order and refuse marriage licenses to gay couples back in January.
The nine-member Alabama Court of the Judiciary (COJ) unanimously found Moore guilty on six charges relating to violations of the canon of judicial ethics, and issued his suspension from the bench.
Moore filed a notice of appeal last week.
Justice Lyn Stuart is currently serving as acting Chief Justice.