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Editorial February 7, 2008
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Serious charges

The case against Circuit Judge Stuart DuBose has been building from before he ever took office in January 2007.

This newspaper was aware of many of the instances alleged in the official complaint of the Alabama Judicial Inquiry Commission but could not report any of them because no one was willing to go on the record to confirm them. It took subpoenas to get people to Montgomery to testify about them.

There are some serious charges. From attempting to strong arm lawyers into supporting him before he took office to pledging "homefield" advantage for local lawyers in local courts to intimidating officers of the court and disobeying the same laws he is pledged to uphold. The charges go on and on, eight specific instances and 60 counts of violations of ethics rules that govern judges.

Our initial thought after reading the charges was that Judge DuBose should resign. After rethinking the matter, we realize that he is due the same consideration as anyone who would appear in his court- he is presumed innocent until proven guilty. If he desires his day in court, he can have it before the Alabama Court of the Judiciary, a special court that hears cases against judges.

However, in the meantime, the local court system is limping along with only one full-time circuit judge working three counties. Retired judges and others are helping to keep the judicial process going but it is only a temporary fix.

Judge DuBose should carefully weigh his options. Does he want this matter to go to trial or would it be better to resign and spare himself and the local court system the agony that will come with a trial. If he truly thinks he is innocent of all the charges that have been leveled, he should proceed toward his day in court.

If there is to be a trial, it should come quickly so that this matter and its accompanying turmoil can end as soon as possible.

More is at stake here than just Judge DuBose's career. The intergity of the court system has been brought into question and that intergity must be cleared and restored as soon as possible.
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