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October 5, 2006
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Incoming judge may temporarily lose law license
By Jim Cox

DuBose
Stuart DuBose, the Democratic nominee for circuit judge, surprised members of the Bar of the First Judicial Circuit last week, telling them that he may be reprimanded by the Alabama State Bar and could lose his law license for a period of time before he takes office in January.

DuBose did not disclose the reason for the pending disciplinary action and none of the lawyers at the social gathering Sept. 28 at Ezell's Fish Camp questioned him about it.

DuBose could not be contacted prior to press time for a comment on the matter.

According to several attorneys who were present, but who did not wish to be named, DuBose said the Alabama State Bar Association had informed him of what he called an "anonymous complaint." He did not elaborate on the specifics but said he had agreed to temporarily give up his law license in lieu of a formal hearing if the matter proceeded.

The suspension would start Nov. 8-the day after the General Election-and run for 45 days, ending in late December.

The Nov. 8 date may be significant in that it is a day after the Nov. 7 election when DuBose is expected to formally win the office since there is no Republican or independent opposition. A write-in candidate is still possible and could technically win but that would be highly unlikely.

Some constitution and election buffs suggest the Nov. 8 date is important because DuBose would still have his license on Nov. 7, a necessary perquisite to being elected. And by regaining his license by the end of December, he would also be eligible to be sworn in as judge on Jan. 15.

The suspension would fall in the gray area between Election Day and swearing-in day but would apparently not affect his ability to hold office, some have observed.

The Alabama State Bar Association would not comment on the matter, saying it could not discuss pending cases or even acknowledge if there is a case. Any public acknowledgement could apparently come only after some kind of action is taken.


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