Get News Updates RSS RSS Feed
General
Dining & Entertainment
Home
Religion
Automotive
Health
February 28, 2008
Search Archives

Chief Judge Shaw handwrites ‘Denied’ across Judge DuBose’s motion to stay

By Jim Cox Editor & Publisher

The chief judge of the Alabama Court of Judiciary handwrote a one-word denial on a “Motion to Stay,” or postpone, the proceedings against Circuit Judge Stuart DuBose Tuesday.

Chief Judge Greg Shaw scrawled across the last page of the three-page motion, “Denied 2-26-08 Greg Shaw.” The denial was posted to the court’s Website Wednesday.

That leaves in place an earlier order by Judge Shaw that extended the deadline 10 days, from March 2 to March 12.

DuBose’s attorneys on Monday filed a “Motion to Stay” or postpone proceedings against the judge with the Alabama Court of the Judiciary  “until such time as the Judicial Inquiry Commission has completed the investigation of Respondent’s [DuBose’s] alleged conduct.”

Despite having brought 60 counts of ethical misconduct against DuBose, the commission is apparently still looking into allegations of wrongdoings by the First Judicial Circuit jurist.
The motion references a Feb. 21 letter as Exhibit A to DuBose from Judicial Inquiry Commission Executive Director Jenny Garrett. The letter was not included on the Website where the motion and other legal documents are posted.  

The letter states that an investigation is continuing and the motion says “it would be highly prejudicial to this Respondent to be engaged in preparing an answer or other trail proceedings while the Judicial Inquiry Commission is still investigating and apparently seeking new witnesses and allegations.”

The motion is signed by attorney E. Farley Moody of Calera. Clarence L. McDorman of Birmingham is also representing DuBose. Neither attorney responded to requests for comment on the complaint or their motion.

Complaint filed Jan. 31
The official complaint of the Judiciary Inquiry Commission against DuBose was filed Jan. 31 and DuBose had 30 days to respond. On Feb. 20 Moody filed a request to extend the deadline for responding to the allegations “due to the voluminous and varied nature of the complaint.”

Two days later, on Feb. 22, Judge Greg Shaw, the chief judge of the Court of the Judiciary, issued an order extending the deadline 10 days from March 2, making the answer due March 12.

That was followed on Monday by DuBose’s request to stay the matter entirely for the time being.

DuBose has been on the bench for only a little over a year. The Judicial Inquiry Commission’s official complaint lists eight different counts or separate incidents of alleged wrongdoing that include legal and ethical improprieties, both as a private attorney and as a judge.

Judge DuBose attended a Black History Tea in Jackson Saturday night along with many other area officials and made a few remarks. Ironically, also on the program was Mobile Mayor Sam Jones, a member of the Court of the Judiciary that is hearing the complaint against DuBose.

Special court to hear matter
The Court of the Judiciary is a specially appointed group of nine people, including five judges, two attorneys and two lay people who sit as needed to hear complaints of misconduct against judges.

Chief Judge Greg Shaw’s “regular” job is as a judge of the Alabama Court of Criminal Appeals.

Other jurists include Circuit Judges David Rains of Fort Payne, J. Scott Vowell of Birmingham, John V. Denson of Opelika and District Judge John J. Dobson of Oneonta. James L. North of Birmingham and William D. Melton of Evergreen are the attorneys on the panel and Sue H. McInnish of Montgomery and Mayor Jones are the lay members.

The public can keep up with the legal documents filed in the case on the Court of the Judiciary’s Website:
www.judicial.state.al.us/judiciary.cfm


Reader Comments
No comments have been posted. Be the first!


Other Stories With Comments:
ArticleComments
Alston to celebrate 103rd birthday July 6 1
Godbold-Fleming marry in British Virgin Islands 1
Longtime county lawman retiring 1
CCHS releases honor rolls for third nine weeks 1
Bulldogs christen new field with DH sweep 1
Johnny Estis still going strong at 80, repairing broken TVs, other electronics 1
A Christmas present for CCHS students 1
Clarke County Jail bookings detailed 1
Memoriam 1
Marijuana prevalent in county jail bookings 1