Montgomery family court judge suspended without pay
A Montgomery Family Court judge has been reprimanded and suspended without pay after the Alabama Court of the Judiciary (COJ) decided on her punishment Friday afternoon, following a week of testimony. Judge Anita Kelly‘s suspension will last 180 days, but can be reversed at the 90-day mark if she follows specific instructions from the court. “There was no evidence introduced that Judge Kelly was ever involved in any sort of graft, corruption, scandal, or wrongful conduct other than the alleged pattern and practice delays,” the court’s order stated. “There is no evidence indicating that she intentionally did anything to harm anyone, most importantly the children impacted by her court.” In August of 2017, the Alabama Judicial Inquiry Commission filed a complaint against Kelly, accusing her of repeated violations of the Alabama Canons of Judicial Ethics, citing more than six hundred family court cases showing what they believed as Kelly’s inability to handle her docket. She was accused of “unreasonable and unjustifiable delay in handling her docket in Family Court,” and faced six charges according to WSFA, including: Delay in Issuing TPR orders-Failing or refusing to timely enter orders within 30 days of completing trials on petitions for termination of parental rights Delay in Completing TPR Trials-Failing or refusing to complete the trial on a petition for termination of parental rights within 90 days of perfecting service Failure to Manage Dockets-Failing or refusing to manage court dockets to decide pending matters in a timely manner-failing or refusing to allocate sufficient time on her dockets to hear pending matters in one setting, regularly continuing dockets, unreasonable delays in setting timely hearings, unreasonable delays in resetting continued trial settings-preventing the timely resolution of disputes that profoundly affected the lives of those, in particular children, whose interests were before her court Delay in Final Divorce Decrees and Modifications-Unreasonable and unjustifiable delay or failure to rule on completed applications for uncontested-divorce complaints and requests for modification of divorce decrees, many of which included agreed-up proposed orders, thereby preventing the timely resolution of disputes that profoundly affected the lives of those, in particular children, whose interests were before her court Comprehensive Delay, Including but not Limited to Matters Charged in Charges 1 – 4-By failing to take care of the business of the court in a timely, prompt, and efficient manner, as set out in the above-stated facts-including but not limited to TPR petitions, dependency cases, delinquency cases, child support matters, PFA petitions, uncontested divorce cases, modifications of divorce decrees, and such simple matters as affidavits of substantial hardship, simple motions, party agreements, and considerations of referee recommendations-thereby preventing the timely resolution of disputes that profoundly affected the lives of those, in particular children, who interests were before her court Loss of Juvenile Treatment Funds-By failing or refusing to make a timely recommendation to the Montgomery County Commission for a Davis Treatment Center vendor to provide local treatment and care for certain juvenile defendants and thereby losing funds to continue such treatment and care for over four months. Kelly has been off the bench with pay since the original filings in August, and will be reinstated on May 14 serving without pay starting on that date. During the trial, she maintained her innocence, denying any wrongdoing, but the Judicial Inquiry Commission produced multiple witnesses to testify to the delays and failed attempts to help Kelly amend her docket, including retired Montgomery Circuit Judge Charles Price. Price, who was the presiding judge while Kelly was working in the family court, testified that he received complaints, verbally and in writing, from litigants and attorneys about Kelly and the way she ran her courtroom. Price said he spoke to Kelly about the complaints and even showed her, but it produced no changes. “It became abundantly obvious that she was resentful of my help,” Price told WSFA.
Special Alabama Supreme Court agrees to expedite Roy Moore appeal
Last month, suspended Alabama Chief Justice Roy Moore asked the asked the special Alabama Supreme Court assigned to hear his appeal to expedite the process. The special Alabama Supreme Court, made up of retired judges, last week agreed to Moore’s request and has since set oral arguments for April 26. Moore was suspended from the bench for the remainder of his term in September for encouraging probate judges to defy federal order and refuse marriage licenses to gay couples. 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, leaving him without income or benefits since September 30, 2016. “The injustice and the illegality of the penalty imposed cry out for an early resolution of this matter,” read Moore’s motion to expedite the appeal. “Chief Justice Moore did nothing wrong and should have never been charged. To allow a precedent that punishes Alabama judges based on political whims will completely undermine our system of justice,” said Mat Staver, Moore’s attorney and Founder and Chairman of Liberty Counsel. “In this case, the Judicial Inquiry Commission violated the rule of law and the Court of the Judiciary also violated clear law by imposing a suspension for life when it lacked a unanimous vote to remove. We are seeking justice for both wrongs. Chief Justice Moore deserves justice, and a favorable resolution in his case will benefit all Alabama judges.”
Panel of retired judges to hear suspended Chief Justice Roy Moore’s appeal
Alabama Supreme Court justices have recused themselves from hearing their colleague’s — suspended Chief Justice Roy Moore‘s — appeal, opting for a panel of retired judges to be randomly selected to hear the appeal instead. The justices recused themselves on Monday, by a 5-3 vote, from hearing Moore’s appeal, citing their impartiality might come into question. “Because the justices have personal knowledge of the facts and circumstances underlying this appeal, this appeal presents a situation in which all the justices’ impartiality might be questioned,” the majority wrote. It was then decided the names of 50 judges would be drawn randomly from a pool of retired appellate, circuit, and district judges by Acting Chief Justice Lyn Stuart and Gov. Robert Bentley. The first seven pulled, who are both qualified and willing, will serve as a special Supreme Court to hear Moore’s appeal. Earlier this month, Moore had filed a request seeking the recusal of his colleagues. Liberty Counsel Founder Mat Staver released this statement following Monday’s decision: Chief Justice Moore is merely asking for the same thing any citizen is entitled to receive — equal justice under the law. He wants his case to be heard by an objective and fair panel of judges who will adhere to the rule of law. The people of Alabama have increasingly called upon their judges to be accountable. At every turn, this case presents new twists and turns that have never occurred in the history of Alabama. Never has there been a requirement that replacement judges all be retired. We hope this case moves quickly to a final and just resolution. The Court of the Judiciary violated the law when it suspended Chief Justice Moore for life even though it lacked the 9-0 vote. Never before under the unanimity requirement of COJ Rule 16 has any judge ever been suspended for the rest of the term. A sexting judge gets six months and a judge who writes a four-page order that is not unethical or unlawful gets suspended for life. This is not right. In September, 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 is in the process of appealing the COJ’s decision.
Alabama Chief Justice Roy Moore suspended over gay marriage order
Alabama Supreme Court Chief Justice Roy Moore has been 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. 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 on Friday. “For these violations, Chief Justice Moore is hereby suspended from office without pay for the remainder of his term. This suspension is effective immediately,” the order stated. Moore’s term ends in 2019, but due of his age, 69, he cannot run for re-election. Alabama Governor Robert Bentley will not name a replacement as he says Moore was suspended from the bench, rather than removed. According to Yasamie August, press secretary for Bentley, Justice Lyn Stuart will continue in the role of Acting Chief Justice. The court will only function with the eight remaining justices. Moore issued the following statement following his suspension: This decision clearly reflects the corrupt nature of our political and legal system at the highest level. After the Attorney General of Alabama declined to prosecute this case, the JIC employed the former legal director of the Southern Poverty Law Center (SPLC) which filed the charges against me, at a cost of up to $75,000.00 to the taxpayers of Alabama. During the trial which lasted approximately four hours, the JIC produced no witnesses, no affidavits, and no evidence to meet their burden of proving by “clear and convincing” evidence that the Administrative order of January 6, 2016 violated the Canons of Judicial Ethics. This was a politically motivated effort by radical homosexual and transgender groups to remove me as Chief Justice of the Supreme Court because of outspoken opposition to their immoral agenda. This opinion violates not only the legal standards of evidence but also the rule of law which states that no judge can be removed from office except by unanimous vote. The canons of judicial ethics Moore was found guilty of violating are: Canon 1: in that he failed to uphold the integrity and independence of the judiciary. Canon 2: in that he failed to avoid impropriety and the appearance of impropriety in all his activities. Canon 2A: in that he failed to respect and comply with the law and failed to conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Canon 2B: in that he failed to avoid conduct prejudicial to the administration of justice that brings the judicial office into disrepute. Canon 3: in that he failed to perform the duties of his office impartially. Canon 3A(6): in that he failed to abstain from public comment about a pending proceeding in his own court. The suspension is Moore’s second, his first ending in an eventual removal from office in 2003 for violating a federal judge’s order to remove a large Ten Commandments monument from public property. Moore was subsequently re-elected to his position in 2010 in a landslide win.
No hearing for suspended Chief Justice Roy Moore, federal judge dismisses suit
A federal judge has dismissed the lawsuit filed by suspended Alabama Chief Justice Roy Moore against the Judicial Inquiry Commission (JIC) that filed charges against him in May. U.S. District Court Judge W. Harold Albritton threw the suit out in an order issued Thursday morning. Wednesday, the same judge had cancelled the previously scheduled Aug. 4 hearing on the JIC’s motion to dismiss Moore’s lawsuit. Albritton explained all parties involved had come to an agreement regarding the issues listed in the court filings and that a hearing was not necessary. “The voters in the State of Alabama adopted a far-ranging and comprehensive new Judicial Article to the State’s Constitution, Article VI, a part of which created a method of dealing with allegations of misconduct by any of the judges of the State,” Albritton stated in his opinion. “It created a Judicial Inquiry Commission, with authority to investigate and bring complaints of misconduct against a judge, functioning in a manner similar to a grand jury. A Court of the Judiciary was created to try and determine any such complaints brought and an adverse decision by that court could be appealed to the Supreme Court of Alabama.” The JIC is considering judicial ethics charges that could lead to Moore’s permanent removal from office. In July the JIC argued Moore should be immediately and permanently removed from office. Albritton stated in his opinion that the process should continue without federal court interference, except under limited circumstances. “He (Moore) has chosen not to allow the state courts to determine his federal constitutional challenges, but instead to ask this federal court to act,” Albritton wrote. “This court, out of respect for the state court’s proceedings for determining discipline of the state’s elected judges, in the manner provided by the state’s own constitution, declines to do so.” Moore, a conservative Christian Republican, opposes same-sex marriage on the basis of faith and the law. In January, he issued an administrative order to state probate judges that said state laws against gay marriage remained in place months after the U.S. Supreme Court had effectively legalized gay marriage nationwide. In May, the JIC filed judicial ethics charges against him for that order. Moore then sued the JIC saying it violated his rights by suspending him when it filed the ethics charges. A hearing is set for Aug. 8 on the ethics charges before the Alabama Court of the Judiciary. Moore continues to seek a dismissal of those charges.
Trial date set for suspended Alabama Chief Justice Roy Moore
A September trial date has been set for suspended Alabama Chief Justice Roy Moore. An order released Monday by the Alabama Court of the Judiciary says Moore’s trial on ethics charges will begin Sept. 28 if the court doesn’t rule before then. A hearing is set for Aug. 8 where the case could be decided before the trial, if the court comes to an agreement with judicial prosecutors and decides to remove Moore based on legal arguments. Moore opposes such a move and believes a fair trial is necessary. Moore, a conservative Christian Republican, opposes same-sex marriage on the basis of faith and the law. In January, he issued an administrative order to state probate judges that said state laws against gay marriage remained in place months after the U.S. Supreme Court had effectively legalized gay marriage nationwide. In May, the Judicial Inquiry Commission (JIC) filed judicial ethics charges against him for that order.
State judge censured for telling defendants to give blood
A state panel has publicly censured an Alabama judge who told criminal defendants who couldn’t pay their fines to either donate blood or go to jail. Documents show the Alabama Court of the Judiciary ruled Thursday that Circuit Judge Marvin Wiggins violated judicial canons with the remarks, delivered in a crowded courtroom in Perry County last September. Wiggins didn’t immediately return a telephone message seeking comment. But the panel’s ruling says Wiggins acknowledged the misconduct when confronted over his actions. The decision says 41 people who had cases on the judge’s docket gave blood after his remarks. A mobile blood bank was parked outside the courthouse at the time. The Montgomery-based Southern Poverty Law Center filed a complaint over Wiggins’ actions, which were recorded by a defendant in court. Republished with permission of the Associated Press.
SPLC demands Chief Justice Roy Moore’s ouster over new gay marriage ethics complaint
The Southern Poverty Law Center (SPLC) is calling for the removal of Alabama Chief Justice Roy Moore after news that Moore said state probate judges remain under a court order to refuse marriage licenses to gay couples despite a U.S. Supreme Court decision that legalized same-sex marriage over six months ago. The SPLC filed a supplement Wednesday to an ongoing ethics complaint they have against the chief justice. “Chief Justice Roy Moore is once again demonstrating that he is unfit to hold office,” SPLC President Richard Cohen said. “Despite the fact that Alabama probate judges are under a federal court order that bars them from discriminating against same-sex couples seeking marriage licenses, Justice Moore has irresponsibly advised them to do the opposite. You would think after being removed from the bench once before that the chief justice would know better.” The SPLC complaint describes how it thinks Moore’s administrative order issued violates the Alabama Canons of Judicial Ethics, which instruct judges to “respect and comply with the law” and promote “public confidence in the integrity and impartiality of the judiciary.” Following the complaint, the Judicial Inquiry Commission could recommend Moore face ethics charges in the Alabama Court of the Judiciary. That’s nothing new to Moore, who was removed as chief justice 13 years ago after refusing to comply with a federal court order to remove a Ten Commandments monument from the state judicial building in Montgomery. “Just as Chief Justice Moore’s previous refusal to comply with a federal court order disqualified him for judicial office and necessitated his removal from the bench, his advising other judges to violate a federal court order also requires his removal as Chief Justice of this state’s highest court,” the supplement from SPLC states. Moore doesn’t see it that way. He says the Alabama Supreme Court never lifted a March directive to probate judges to refuse licenses to gay couples. “Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect,” Moore wrote.
