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Judge DuBose's ethics violations trial June 4 The trial of Circuit Judge Stuart DuBose on charges of ethics violations has been set for June 4 in the Alabama Judicial Building on Dexter Avenue in Montgomery. The Court of the Judiciary, a special court that sits only to hear charges against judges, will convene in the Supreme Court Courtroom at 9 a.m. for the trial. Judge Greg Shaw is the chief judge of the Court of the Judiciary and held a scheduling conference last week that set the date for the trial. A pretrial conference is set for 8 a.m. prior to the 9 o'clock trial. The law created a Judicial Inquiry Commission to investigate a judge's violation of a Canon of Judicial Ethics, other misconduct or a failure to perform his or her duties. If the commission deems there is evidence of a violation or other wrongdoings, a formal complaint, similar to an indictment, is filed with the Court of the Judiciary. In DuBose's case, the complaint filed Jan. 31 contained 60 allegations of ethical misconduct based on eight separate incidents that occurred before and after he took office in January 2007. The filing of the complaint automatically suspended DuBose, with pay, pending a resolution of the charges. The Court of the Judiciary will make a decision that could remove him from office, suspend him with or without pay, censure him, retire him if it is shown that he is physically or mentally unable to perform his duties, "or apply such other sanction as may be prescribed by law…." The Court of the Judiciary is a uniquely composed group of sitting judges, lawyers and lay citizens. Judge Shaw sits on the State Court of Criminal Appeals and was appointed by the Alabama Supreme Court. He serves as chief judge because of his position as an appellate judge. Circuit Judge David Rains of Fort Payne, Circuit Judge J. Scott Vowell of Birmingham and Circuit Judge John V. Denson of Opelika were appointed by the Alabama Circuit Judges' Association. Blount County District Judge John J. Dobson of Oneonta serves via an appointment of the Alabama District Judges' Association. The Alabama State Bar Association appointed attorneys James L. North of Birmingham and William D. Melton of Evergreen to the court. Sue H. McInnish of Montgomery and Mayor Sam Jones of Mobile are non-lawyers appointed to the court by the governor. The Court of the Judiciary rarely is called upon to convene for a trial. Most complaints against judges are disposed of in some form or fashion long before they come close to going to trial.
The last trial was the wellknown case of Chief Justice Roy Moore in 2003. The Court of the Judiciary found Moore guilty of violations of judicial ethics regarding the placement of a Ten Commandments monument in the Judicial Building in Montgomery and removed him from office. He appealed to the Alabama Supreme Court. Because of his position as chief justice, the Supreme Court justices recused themselves and a special Supreme Court was appointed and upheld his conviction and removal from office.
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