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Alabama Supreme Court Chief Justice Roy Moore suspension, 2016

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Roy Moore
Roy-Moore.png
Chief Justice (Suspended)
Alabama Supreme Court
Tenure
2001-2003; 2013-2019
Chief2001-2003; 2013-2019
PartyRepublican
Salary$ 
Elections and appointments
SelectionElected
Education
Bachelor'sU.S. Military Academy at West Point, 1969
J.D.University of Alabama School of Law, 1977
Past experience
Judge, Alabama 16th Judicial Circuit
1992-2000
Attorney in private practice
1984-1992
Military service
Service/branchU.S. Army
Personal
BornFebruary 11, 1947
Home state Alabama
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Roy Moore is a former chief justice of the Alabama Supreme Court. He was suspended by the Alabama Court of the Judiciary on September 30, 2016, for the remainder of his second term, which expired on January 13, 2019. Moore was unable to run for election to the court again because he was over the age of 70 when his term expired. He appealed his suspension on October 3, 2016, but the Alabama Supreme Court upheld the decision on April 19, 2017.[1][2]

Moore previously served as chief justice from 2001 to 2003. He was removed from office. Click here for more information on his first term.

Second term as chief justice and suspension from the court

  • 2012
  • 2013
  • Term began
  • 2015
  • 2016
  • 2017

Moore was elected chief justice a second time in 2012 for a term beginning in 2013. On September 30, 2016, Moore was suspended for the remainder of his term, set to expire in January 2019, by the Alabama Court of the Judiciary, which found him guilty of six charges of violating the canons of judicial ethics.[3] The charges were based on Moore's administrative order of January 2016 to Alabama's probate judges. The order directed that despite the United States Supreme Court's ruling in the case of Obergefell v. Hodges that same-sex marriage is protected by the Fourteenth Amendment of the Constitution, "the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect."[4]

The chain of events leading to these charges began in 2015 with a federal court ruling against Alabama's same-sex marriage prohibition.

Moore's administrative order regarding federal court ruling, 2015

In January 2015, Judge Callie Granade of the U.S. District Court for the Southern District of Alabama ruled Alabama's law banning same-sex marriage in the state unconstitutional. The ruling was stayed temporarily while Alabama appealed. The Eleventh Circuit declined to take up the case, and the United States Supreme Court declined to continue the stay in advance of considering pending same-sex marriage cases later in the year.[5]

On February 8, 2015, a day before the U.S. Supreme Court declined to extend the stay, Moore issued an administrative order to the probate judges of Alabama. It directed that because the U.S. Supreme Court had yet to consider or rule on the constitutionality of Alabama's constitutional and statutory bans on same-sex marriage, and the federal court ruling alone was not binding on the courts of Alabama, probate judges in Alabama should not issue or recognize marriage licenses that did not conform to Alabama's existing law.[6] This was directly contrary to the federal court's ruling that found Alabama's existing law unconstitutional.

Obergefell v. Hodges, 2015

On June 26, 2015, in the case of Obergefell v. Hodges, the United States Supreme Court held 5-4 that same-sex marriage is protected under the Due Process and Equal Protection Clauses of the Fourteenth Amendment.[7]

Justice Anthony Kennedy authored the opinion. Justices Ruth Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito each authored a dissent. The case consolidated cases from Michigan, Kentucky, Tennessee, and Ohio.

The decision struck down state bans on same-sex marriage and held that each state must recognize same-sex marriages performed outside the state.

Moore's comments on Obergefell

In an interview with CNN just after the Oberbefell decision was issued, Moore commented that it was worse than the decision in Plessy v. Ferguson that upheld segregation in the 1800s.

"I believe it's worse because it affects our entire system of morality and family values," Moore told CNN.[8] "There is no such thing as same-sex marriage in the constitution. The words are not there; we've never had it in our history," Moore said. "Five judges on the Supreme Court, or justices, have presumed to find a fundamental right which has no basis in the history or logic or tradition of our country."

Moore also said: "I think the law of the land is plain. It's the United States Constitution. Not an opinion of the Supreme Court which contradicts that law."[8]

Moore's administrative order regarding Obergefell, 2016

In January 2016, Moore issued another administrative order to Alabama's probate judges. This order cited other courts that had found that the Obergefell decision did not necessarily invalidate laws against same-sex marriage within states under their jurisdiction, as opposed to the states of Michigan, Tennessee, Ohio, and Kentucky directly concerned in the Obergefell case. Moore stated that the Alabama Supreme Court was continuing to consider the effect of Obergefell "on the existing orders of the Alabama Supreme Court."[4] Moore directed that to avoid confusion in the issuance of Alabama marriage licenses, in view of the conflict between the Obergefell decision and the Alabama Supreme Court in a case referred to as API, probate judges were instructed:[4]

“ Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect.[9] ”

Judicial ethics charges and suspension of Moore pending hearing, 2016

In May 2016, the Alabama Judicial Inquiry Commission, after an investigation, filed ethics charges against Moore with the Alabama Court of the Judiciary.[10] The six charges alleged that Moore violated Canons 1, 2, and 3 of the Alabama Canons of Judicial Ethics. Those three canons read:

  • Canon 1: A judge should uphold the integrity and independence of the judiciary.
  • Canon 2: A judge should avoid impropriety and the appearance of impropriety in all his activities.
  • Canon 3: A judge should perform the duties of his office impartially and diligently.

Each of the six charges alleged that Moore violated all three of these canons in his January 2016 administrative order.

  • The first charge alleged that Moore violated all three canons by issuing the January administrative order when he "knew or should have known" that the Alabama probate judges were precluded from relying upon Alabama law rather than on the Obergefell decision.
  • The second charge alleged that he violated all three canons in his January administrative order by "demonstrating his unwillingness...to follow clear law."
  • The third charge alleged that he violated all three canons in his January administrative order by "addressing and/or deciding substantive legal issues while acting in his administrative capacity."
  • The fourth charge alleged that he violated all three canons in his January administrative order by "substituting his judgment for the judgment of the entire Alabama Supreme Court on a substantive legal issue in a case then pending in that Court, i.e., the effect of the decision of the United States Supreme court in Obergefell."
  • The fifth charge alleged that he violated all three canons in his January administrative order by "interfer[ing] with legal processes and remedies in the United States District Court and/or the Alabama Supreme Court."
  • The sixth charge alleged that he violated all three canons in his January administrative order by "taking legal positions...on a matter pending before the Alabama Supreme Court" and that he "placed his impartiality into question on those issues, thus disqualifying himself from further proceedings in that case; yet he participated in further proceedings in [the case]."[10]

Moore was suspended with pay pending a hearing on these charges before the Alabama Court of the Judiciary.[11]

Judge William Albritton of the U.S. District Court for the Middle District of Alabama dismissed Moore's lawsuit challenging the constitutionality of his suspension and discipline in August 2016.[12] The Alabama Court of the Judiciary held a hearing in August 2016 at which it refused either to dismiss the complaint against Moore or to dismiss him summarily from the bench.[13]

Hearing before the Alabama Court of the Judiciary and suspension for term, 2016

On September 28, 2016, a hearing was held before the Alabama Court of the Judiciary on the six charges of ethics violations brought by the Alabama Judicial Inquiry Commission. In a ruling on September 30, 2016, that court found him guilty of all six charges "by clear and convincing evidence." It suspended him from the chief justiceship of the Alabama Supreme Court for the remainder of his term.[3][14]

The court noted in its 50-page ruling that a majority of its members were in favor of the Judicial Inquiry Commission's recommended sanction of removal from the bench. However, removal from the bench requires a unanimous vote of all the members of the court, and a unanimous ruling for removal was not possible. The court instead ruled unanimously to suspend Moore for the remainder of his term.[14]

Appeal, 2016-2017

On December 13, 2016, Moore filed an appeal of his suspension with the Alabama Supreme Court.[15]

His attorneys' brief argued, among other issues, that by suspending Moore for the remainder of his term, the court of the judiciary effected a removal of Moore from the bench.[16] A sanction of removal from the bench would not have been possible without a unanimous vote of the court. Not all members were willing to vote for removal, but all were in favor of suspension for the remainder of the term. The brief stated (internal citations removed):[16]

“ The COJ, lacking the unanimity required to remove the Chief Justice from office, decided to accomplish the same result by a lengthy suspension of two years and three months. In so doing, it imposed a de facto removal while avoiding the unanimity mandate of Rule 16.[9] ”

Moore's attorneys submitted a further brief on January 31, 2017.[17] In addition, an amicus brief was filed by a group of eight Alabama judges agreeing with Moore that the Alabama Court of the Judiciary had no authority to review the administrative order and that the power of such review is reserved to the Alabama Supreme Court alone.[18][19]

Oral argument in the case was set for April 26, 2017, but Moore filed a motion on February 22, 2017, requesting an expedited disposition of his appeal and waiving oral argument.[20] The court accepted this motion on March 13, 2017.[21] Therefore, the court decided the case based only on the parties' briefs and held no oral arguments.

On April 19, 2017, the Alabama Supreme Court upheld Moore's suspension. Since the case did not involve federal matters, Moore could not appeal the decision further to federal courts.[22]

Temporary slate of Alabama Supreme Court justices

All eight of the other justices of the nine-member Alabama Supreme Court recused themselves from hearing Moore's appeal. Seven retired Alabama judges with service on either a district court or a circuit court were drawn at random out of a pool to sit temporarily on the state supreme court to hear Moore's appeal.[23] At least one other judge, Frank McGuire, declined appointment to the substitute court on the grounds that he could not be impartial in the case. McGuire joined the motion to file an amicus appearance in the case with seven other sitting and retired trial judges.[24]

Judges sitting temporarily on the Alabama Supreme Court for Moore's appeal, 2017

First term as chief justice and removal from the court

Moore was first elected chief justice of the Alabama Supreme Court in 2000 for a term beginning in 2001. In August 2001, he directed the installation of a large granite rock bearing an inscription of the biblical Ten Commandments in the state courthouse.[10] In the fall of that year, the American Civil Liberties Union and the Southern Poverty Law Center, among other groups, filed suit in federal court alleging that the monument violated the Establishment Clause of the United States Constitution. Both the federal district court and the United States Court of Appeals for the 11th Circuit, to which Moore appealed, ruled for the plaintiffs and ordered the removal of the monument. Moore failed to comply, and at the August 2003 deadline set by the court for the removal, the eight other justices of the Alabama Supreme Court overruled Moore and ordered the removal of the monument.[10]

Also in August 2003, the Alabama Judicial Inquiry Commission brought charges against Moore for violating the Alabama Canons of Judicial Ethics. Moore was suspended pending hearing before the Alabama Court of the Judiciary. After his hearing before that court in November 2003, Moore was removed from office upon a unanimous vote of the court of the judiciary.[10]

Recent news

The link below is to the most recent stories in a Google news search for the terms Alabama Justice Roy Moore. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Alabama Supreme Court Chief Justice Roy Moore suspension, 2016 - Google News

See also

External links

Footnotes

  1. ↑ Local 15, "Chief Justice Roy Moore begins appeal of ethics conviction," October 4, 2016
  2. ↑ MSNBC.com, "Roy Moore becomes the latest Alabama Republican to fall," April 20, 2017
  3. ↑ 3.0 3.1 AL.com, "Alabama Supreme Court Chief Justice Roy Moore suspended for rest of term," September 20, 2016
  4. ↑ 4.0 4.1 4.2 Scribd, "Administrative order," accessed May 9, 2016
  5. ↑ World Net Daily, "Judge Roy Moore defies feds: 'Law is very clear'," February 9, 2015
  6. ↑ Scribd, "Moore Order to Ala. Probate Judges," accessed February 15, 2017
  7. ↑ SupremeCourt.gov, "Obergefell v. Hodges, No. 14-556," June 26, 2015
  8. ↑ 8.0 8.1 CNN, "Alabama chief justice: Marriage ruling worse than segregation decision," June 28, 2015
  9. ↑ 9.0 9.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  10. ↑ 10.0 10.1 10.2 10.3 10.4 Scribd, "Roy Moore COJ Complaint," accessed February 15, 2017
  11. ↑ AL.com, "Roy Moore suspended from office: Alabama chief justice faces removal over gay marriage stance," May 6, 2016
  12. ↑ Christian News, "Federal Judge Dismisses Roy Moore’s Lawsuit Challenging Suspension From Bench," August 5, 2016
  13. ↑ WPXI, "Panel sends Alabama chief justice's ethics case to trial," August 8, 2016
  14. ↑ 14.0 14.1 Scribd, "Roy Moore Order," accessed February 15, 2017
  15. ↑ AL.com, "Alabama Chief Justice Roy Moore appeals his suspension," December 14, 2016
  16. ↑ 16.0 16.1 Scribd, "Roy Moore Appeal of His Suspension," accessed February 15, 2017
  17. ↑ Scribd, "Liberty Counsel Supreme Court Filing," accessed February 15, 2017
  18. ↑ AL.com, "Suspended Chief Justice Roy Moore argues ethics charges should be dismissed," February 1, 2017
  19. ↑ Liberty Counsel, "Moore Files Alabama Supreme Court," February 1, 2017
  20. ↑ AL.com, "Suspended Alabama Chief Justice Roy Moore asks for speedy appeal," February 22, 2017
  21. ↑ Liberty Counsel, "Chief Justice Moore on the Fast Track towards Justice," March 13, 2017
  22. ↑ AL.com, "Roy Moore's suspension upheld by Alabama Supreme Court; decision next week on Senate race," April 19, 2017
  23. ↑ Alabama Political Reporter, "Governor Announces 7-Member Special Supreme Court to Hear Moore’s Appeal," October 31, 2016
  24. ↑ Scribd, "Judges' Motion Supporting Chief Justice Moore," accessed February 24, 2017


Alabama courts

Federal courts:

Eleventh Circuit Court of Appeals • U.S. District Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama • U.S. Bankruptcy Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama

State courts:

Alabama Supreme Court • Alabama Court of Civil Appeals • Alabama Court of Criminal Appeals • Alabama Circuit Courts • Alabama District Courts • Alabama Juvenile Courts • Alabama Municipal Courts • Alabama Probate Courts • Alabama Small Claims Courts

State resources:

Courts in Alabama • Alabama judicial elections • Judicial selection in Alabama

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