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Area lawyers once against, now for DuBose judgeship A petition, or “joint declaration” as it is entitled, is circulating among lawyers of the First Judicial Circuit supporting Stuart DuBose assuming a circuit judgeship on Jan. 15. The “declaration” describes the “undersigned attorneys” as having “publicly endorsed and supported Stuart DuBose’s opponent in the race for the Democratic nomination...on June 6....” A copy of the ad that was published in area papers endorsing Chris Bailey is attached in legal fashion as “Exhibit A.” DuBose’s judgeship has been threatened by a reprimand of the Alabama State Bar Association’s Disciplinary Commission for what it deemed were legal and ethical violations of DuBose’s association with his handling of a will and the estate of a deceased Washington County man and by the rejection of the reprimand by the Alabama Supreme Court for its “insufficiency of discipline based on the record before the Court.” “While not personally familiar with the allegations of the Bar complaint made against Mr. DuBose, from what we have read, many of the allegations were known by the public prior to the democratic primary election on June 6, 2006,” the “declaration” explains. “We know of no new allega- tions that have come out against Mr. DuBose since the election in June of 2006. With knowledge of these occurrences, the people of the First Judicial Circuit elected Stuart DuBose to serve as their Circuit Judge for the upcoming six-year term. The actions by the Alabama State Bar and the Alabama Supreme Court give the appearance of circumventing the democratic process so as to prevent Stuart DuBose from taking office. We believe the democratic process should take precedence and that Stuart DuBose, the candidate elected by the people of the First Judicial Circuit of Alabama, should be allowed to take and hold the office of Circuit Judge.” Many lawyers who initially opposed DuBose have signed the “declaration.” However, some attorneys have refused to sign the document. It is reportedly still circulating among Washington County lawyers after already making the rounds in Choctaw and Clarke counties. Dec. 14 marks the 55th day since the Alabama Supreme Court denied the Disciplinary Commission’s recommended punishment for the Democratic judge nominee saying it was insufficient. The order was signed by eight of the nine justices. The bar commission had proposed a 45-day suspension of DuBose’s license, starting on Nov. 8, the day after the general election when DuBose was formally elected, and ending prior to Jan. 15, the date he will formally take office. The beginning and ending dates of the initial reprimand would apparently not have affected his ability to hold office.
Tony McLain, general counsel for the bar association, said in an e-mail two weeks ago that no action has been taken on DuBose’s case.
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