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Judge must resign Embattled Circuit Judge Stuart DuBose has two choices- either resign his position or face a trial before the Court of the Judiciary where he will surely be found guilty and removed from the bench. Neither alternative is appealing but resigning would save further embarrassment in what has become an ever-increasingly embarrassing affair. We have tried to give Judge DuBose the benefit of the doubt through all of the accusations of the past year. Even after the formal complaint of the Judiciary Inquiry Commission was filed Jan. 31 our contention was that he was "innocent until proven guilty" of the charges as the law provides for everyone. However, his answer, or defense, to all 60 charges of ethical wrongdoing prompts our call for his resignation. He claims that he was "suffering from diminished capacity" during all of the incidents alleged in the complaint - dating back to his days of private law practice as well as during his year as a judge. He said he was suffering from the same "diminished capacity" when he communicated and then testified to the Judicial Inquiry Commission and he said he continues to suffer "diminished capacity," both mentally and physically. Judge DuBose's year on the bench has been a tragedy - for Judge DuBose's personal wellbeing and for the citizens of the First Judicial Circuit and the Alabama court system. We feel for the man we have known for many years and for his family and we urge him to resign and devote his time and resources to a healthful recovery. Aside from his personal needs, Judge DuBose knows the law and he has to realize the legal implications of his acknowledgement. A judge who admits his past and continuing impairment certainly should not be hearing and judging cases that decide monetary judgments, personal liberties and even life itself. An acknowledgement of his deficiencies could nullify decisions he has rendered during his year on the bench. Anyone he ruled against would appear to have good grounds for an appeal for their case to be reheard, given his admission of mental and physical sufferings. And as a side note, Friday's ruling by the Alabama Supreme Court that the Alabama State Bar Association no longer has jurisdiction to reprimand Judge DuBose for actions before he became a judge has no bearing on the Judicial Inquiry Commission's complaint or the proceedings now in progress before the Court of the Judiciary. The process that is now ongoing was created for sitting judges and is not affected by the high court's ruling on the bar association's jurisdiction. Again, we are concerned about Judge DuBose's problems and his personal health and well-being and for the health of the court system and the welfare of citizens who must use the system. Our hope and prayer is that Judge DuBose can resolve his problems. But he must do it as a lay citizen and not as a continuing judge of the First Judicial Circuit.
He has no choice but to resign and the sooner the better for his sake and all concerned.
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