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December 28, 2006
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DuBose takes oath to be circuit judge
Controversy over eligibility still unresolved
By Evan Carden Special to The Democrat

Outgoing Circuit Judge Harold Crow administers oath to his successor, Stuart DuBose, last Friday in the main courtroom of the Clarke County Courthouse as Allison DuBose holds the Bible for her husband. Photo by Evan Carden
Despite a cloud of controversy, Jackson attorney Stuart Dubose was sworn in as circuit judge during a ceremony, Dec. 22, in the large courtroom of the Clarke County Courthouse in Grove Hill.

However, his term will not start until Jan. 15.

DuBose won the Democratic nomination in the June Primary and faced no opposition during the Nov. 7 General Election.

An introduction and opening invocation was presented by the Rev. Grady Goodman, minister of Round Hill Baptist Church in Thomasville.

Retiring Judge Harold Crow, who DuBose is replacing, administered the oath of office. Before doing so, he made a few comments to the nearly packed courtroom.

“A judge must be faithful, honest and patient, as well as listen to the law,” said Crow. “He must always do the right thing according to the law.”

Following his swearing in, DuBose put on his judge’s robe for the first time. “I’ve never been more humbled in my life,” he said. “No words can adequately express how I feel right now. I’ve been through many things and many campaigns. There are no easy words to describe this moment for me.”

DuBose then read a letter he sent to attorneys of the First Judicial Circuit, March 17, following his qualifying. In the letter, he said, “I have observed many things in my approximately 25 years’ experience. Ninetynine percent of it has been right here in Choctaw, Clarke and Washington counties. I believe I have learned the right way and wrong way of doing or handling things. I want to be a facilitator, not an agitator or activist.

“As your judge, I want to be known as a friend of the lawyers in the circuit over which I will preside. I do not expect that everything will always be rosy with everyone all of the time. After all, we learn early that you cannot please all of the people all of the time. I am abundantly aware of the difficulties lawyers face in their dealings with clients, witnesses, cases and trial preparation. I do not want, neither do I intend, as your circuit judge, to make that any more difficult than it inherently is. Although, as is well established, ex parte conferences with judges are ethically prohibited, every- one who practices in this circuit, and I mean everyone, should know they have a friend in me in this job should voters choose to allow me the privilege of having it.”

Judgeship still in question

DuBose had been disciplined by the Alabama State Bar Association for what it deemed were violations committed by DuBose in connection with the preparation of a will for Joseph W. Sullivan of Washington County and subsequent handling of the man’s estate.

The estate matter was set for trial in Mobile County but was settled out of court in October.

DuBose agreed to a “conditional guilty plea” to the bar’s charges and a 45-day suspension of his law license that would have started Nov. 8—the day after his election on Nov. 7— and ended prior to him taking office on Jan. 15.

However, the Alabama Supreme Court reviews all attorney disciplinary actions and rejected DuBose’s penalty, suggesting that it was not severe enough.

The case was sent back to the bar association but the bar has not taken any further action against DuBose.

A suspension of his license, either temporarily or permanently, would affect DuBose’s eligiblity to serve as judge.
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