In the ongoing saga of Chief Justice Roy Moore’s fight to retain judgeship, his former colleagues have now voted to recuse themselves from hearing his appeal trial.
On Monday, justices on the Alabama Supreme Court voted 5-3 to excuse themselves from hearing his appeal. Though the majority wrote that Moore “must be afforded an opportunity to be heard,” they wrote that their ability to remain unbiased could be scrutinized if they participated in the case.
“Because the Justices have personal knowledge of the facts and circumstances underlying this appeal, this appeal presents a situation in which all the justices’ impartiality might be questioned,” the judges said.
The court now turns over power to Acting Chief Justice Lyn Stuart and Governor Bentley, who will select seven judges to serve as a special Supreme Court in Moore’s case. The stand-ins are set to be chosen at random from a pool of 50 retired appellate, circuit court, and district court judges.
Moore is blasting the recusal, and says that Justice Stuart should not have a role in finding replacement judges to hear his appeal. He and Stuart have a strained relationship, as the now-Acting Chief Justice was quick to fire Moore’s law clerks and order the former judge to clean out his office.
“Chief Justice Moore is merely asking for the same thing any citizen is entitled to receive – equal justice under the law. He wants his case to be heard by an objective and fair panel of judges who will adhere to the rule of law,” said Mat Staver, Moore’s attorney and Founder and Chairman of Liberty Counsel.
“The people of Alabama have increasingly called upon their judges to be accountable. At every turn, this case presents new twists and turns that have never occurred in the history of Alabama,” Staver added. “We hope this case moves quickly to a final and just resolution.”
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