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Hunting invitation splat prompts recusal request Circuit Judge Stuart DuBose has been asked to disqualify himselfrom hearing a civil case involving Tensaw Land and Timber Company because of an exchange he had with Tensaw's president over a hunting invitation. Tensaw Land and Timber Company is a Mobile-based company that has extensive landholdings in Mobile and Washington counties. Sylvia R. Williams had filed a civil suit against Tensaw and International Paper Company in Washington County and the case was assigned to Judge DuBose. A motion filed by Chatom attorney Ed Turner on Dec. 27 asked DuBose to recuse himself from hearing the matter under the state's judicial ethic laws, "because his impartiality may reasonably be questioned in that he may have a personal bias or prejudice concerning Riley Boykin Smith, the President of Tensaw Land & Timber Company, Inc." Smith's affidavit regarding the incident in question details the reasons. Smith is a former state conservation director under Gov. Don Siegelman. His affidavit tells only his side of the matter. It is as follows: McIntosh hunt each year "Historically each year in the past Tensaw Land and Timber Company, Inc. has sponsored a Hunt and Dinner for the Elected Officials of Choctaw, Clarke, Mobile and Washington County, Alabama at the Boykin Lodge located just North of McIntosh at Double Gates, Alabama. Tensaw Land and Timber Company, Inc. sends out written invitations to the elected officials. This year the Elected Officials Hunt and Dinner was scheduled for Wednesday, November 28, 2007. Written invitations were mailed to those persons who were invited. "A day or two prior to the Hunt, I received a call from Judge Stuart Dubose [sic] asking me why I did not like him and why I had it in for him. I told him I had no idea what he was talking about and he went into a tirade regarding the fact he was not invited to the Hunt. I apologized to him and informed him because of the ThyssenKurpp [sic] project we had been very busy here and with him being a newly elected judge, he was inadvertently left off the list. I told him that he was most certainly invited and that I would send out a formal invitation to him immediately. He told me that he did not wish to come to the hunt. I told him that I was sorry about that, but I would most certainly invite him next year. At this point, his attitude turned nasty and his voice louder. He informed me that he knew that I had encouraged the appointment of Judge [Thomas] Baxter [to a circuit judgeship vacancy in the First Judicial Circuit]. I told him he did not need to raise his voice to me and he then said that he knew money had changed hands to get Judge Baxter appointed. Frankly, I proceeded to get mad and told him to my knowledge, no money had changed hand[s] and I resented that he would imply that I would have anything to do with something like that. Before I really lost my temper, I thought it best to end the conservation and I did so." That ends Smith's comments. Baxter was appointed judge Judge Baxter was the Washington County district judge when he was appointed to be circuit judge in 2003 when Judge Lee McPhearson retired early in his term. DuBose also sought the gubernatorial appointment.
Baxter and DuBose are the only two judges for the First Judicial Circuit of Choctaw, Clarke and Washington counties and Baxter is the presiding judge.
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