‘Diminished capacity’ is judge’s defense
By Jim Cox
Editor & Publisher

A local circuit judge accused of ethical misconduct has cited “diminished capacity” as a defense to 60 charges brought before the Alabama Court of the Judiciary.

Circuit Judge Stuart DuBose of the First Judicial Circuit filed an answer to a complaint of wrongdoing filed by the Alabama Judicial Inquiry Commission on Wednesday.

“At all times alleged in the complaint, Respondent [DuBose] was suffering from diminished capacity to the extent that it affected his ability to make rational decisions,” the answer states.
Further, DuBose said he was suffering from diminished capacity “prior to the hearing before the Judicial Inquiry Commission,” during the hearing when “it affected his ability to fully understand and comprehend the nature of the proceedings,” and during the time he has tried to “assist counsel in the preparation of this answer.”

He concludes, “Respondent’s treatment and evaluation concerning his health, both mental and physical, is on-going and Respondent hereby reserves the right to supplement his answer and any affirmative defense which Respondent might have based on his physical and mental condition.”

DuBose, elected in November 2006 and on the bench since January 2007, was suspended this past Jan. 31 when the Judicial Inquiry Commission filed its eight count-60 charge complaint with the Court of the Judiciary, a court that hears complaints against judges. .

DuBose retains his salary but is not hearing cases pending a resolution to the charges.

DuBose had until March 2 to answer the complaint. He initially asked for an extension and was granted a 10-day extension, until March 12. He then asked that he not have to answer the charges until what he said is a continuing investigation is completed. Judge Greg Shaw, the chief judge of the Court of the Judiciary, denied that request.

Now it is up to the Court of the Judiciary to follow up on DuBose’s answer. They could continue the matter or set a date for a trial on the charges.

If DuBose is found guilty of the charges he could be reprimanded or removed from the bench.

E. Farley Moody of Calera and Clarence L. McDorman of Birmingham are the attorneys for DuBose.
 

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