After the Alabama Court of the Judiciary announced its decision to suspend Alabama Supreme Court Justice Roy Moore from the bench, his team promised that the fight was “far from over.” Now, the ousted judge has filed an appeal to the Alabama Supreme Court in hopes of overturning the ruling.
The 5-page appeal reveals that Moore’s attorneys are challenging the move based on the following:
-
1. Whether the Judicial Inquiry Commission proved each of the six charges against his client by clear and convincing evidence
2. Whether the JIC violated its own rules and Alabama law by breaching confidentiality during its investigation, or by prosecuting without a sworn complaint
3. Whether the JIC and COJ have jurisdiction to investigate or punish judges for issuing administrative orders
4. Whether the automatic disqualification provision of the Alabama Constitution violates Due Process guarantees
5. Whether the COJ can impose a de facto removal from office without a unanimous vote
The decision to remove Moore from office reportedly fell on a vote of 6-3 among members of the court. Because a unanimous vote could not be reached to remove him from office, he was instead suspended without pay for the remainder of his term. Moore faced the disciplinary action after refusing to enforce an order by the U.S. Supreme Court legalizing marriage for gay couples nationwide.
As we reported earlier, Moore’s battle to remain in office has received support from faith leaders who say that his removal has larger implications for religious liberty. Joe Godfrey, executive director of Alabama Citizens Action Program, has said that chief judge’s ouster appeared to “seek to silence freedom of speech and religious liberties.”
Moore’s appeal is now expected to go before his eight colleagues on the state Supreme Court, who will consider the ruling against him.
Don’t miss out! Subscribe today to have Alabama’s leading headlines delivered to your inbox.