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Judge's actions said topic for state panel
The commission- JIC- is a special oversight board that hears and investigates complaints of wrongdoing by judges. Details of the hearing are not available. Jenny Garrett, director of the commission, has stated previously that she can "neither confirm or deny" that a complaint has been filed or that a hearing is taking place because of state law that mandates that complaints and hearings are confidential and closed to the public. However, several sources said that a hearing did take place Friday. Chrissy Dunn, DuBose's court reporter, resigned suddenly in December and retained an attorney who said that a complaint would be filed with JIC. However, attorney Cooper Thurber of Mobile in a news story at the time would not elaborate on the nature of the complaint. Controversy has surrounded DuBose since he was elected by just 99 votes to one of two judges' seats in the First Judicial Circuit in November 2006. While working as a private attorney, he was accused of preparing a will for a female client for an elderly Washington County man leaving his estate to her. He prepared the will according to the woman's instructions and never met the man or talked to him about the matter, a violation of lawyer ethics, the State Bar Association asserted. He was initially reprimanded by the bar association just as he was to take office but the reprimand was rejected by the Alabama Supreme Court as being too lenient. The matter is still pending before the bar. DuBose claims the bar no longer has jurisdiction since he is a judge. He became executor in the estate of the Washington County man after the man died and was embroiled for a long time in a lawsuit with his former client, a co-executor with DuBose for a time. The case was settled and recently the circuit judge in the matter, Judge John Lockett of Mobile, ordered DuBose to pay over $1 million to the heir. DuBose was critical of the judge's decision and his handling of the case in a communication with the judge, calling the decision "immoral" and "illegal." Recently, Judge Lockett issued garnishment orders against DuBose, perhaps stemming from the case. There have been some complaints of DuBose's actions on the bench while others say he has done a good job. There have been reports of confrontations relating to court cases as well as other matters. The adjacent story, alleging comments made by DuBose to a person who now has a case before him, is requesting the judge to recuse himself from the case and is the latest in the saga of the controversial judge. Complaints made to JIC are not available to the public and JIC conducts its investigations behind closed doors- similar to the way a grand jury operates. JIC does have the power to subpoena documents and witnesses. Complaints generally involve judicial ethics, governed by a set of rules of conduct called the Alabama Canons of Judicial Ethics that govern a judge's conduct both on and off the bench. JIC can also investigate allegations of physical or mental disability. JIC is composed of nine members- an appellate justice or judge, two circuit judges, a district judge, three persons who are not lawyers who are appointed by the governor and two lawyers appointed by the Alabama State Bar Association. A judge being investigated may attend a JIC meeting to discuss the complaint or may be asked by JIC to provide an oral or written response to charges. A judge is not compelled to give evidence against himself or herself but if they do testify they are subject to cross examination. The judge may be represented by counsel if they desire. JIC relies on investigators from the Alabama Attorney General's office to investigate complaints but individual members and the executive director may also conduct investigations. "Depending on the complexity of the complaint, final disposition of a complaint that is investigated may take several months," JIC procedures explain. If JIC believes there is evidence of wrongdoing, it files a formal complaint- akin to an indictment- with the Court of the Judiciary. At that point, the JIC complaint becomes public as does any court proceedings that are forthcoming. A judge is automatically suspended with pay while a complaint is pending with the Court of the Judiciary. The Court of the Judiciary is made up of nine people- judges, lawyers and citizens similar to JIC and sits only to hear complaints referred by JIC. It can conduct hearings, like a court proceeding, on charges brought against a judge by JIC. It has the power to remove a judge from the bench, to suspend without pay or to otherwise censure or sanction a judge due to misconduct. It can retire a judge who is physically or mentally unable to perform the duties of the office. It can also dismiss the charges if it concludes the evidence warrants such. The Court of the Judiciary has only removed four judges from office since the creation of JIC in 1973. There have been several reprimands and some judges have resigned while charges were pending against them. The most recent to resign was Circuit Judge Herman Thomas of Mobile last October following allegations of inappropriate contact with defendants and inmates. It was six months between the initial complaint being filed by JIC and Thomas' resignation. The case would have likely gone on longer had Thomas not resigned.
The process is not unlike other court proceedings- it can be long and drawn out.
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