MONTGOMERY, AL - Despite the fact that the appeal of Chief Justice Moore is pending and that certain justices have been asked to recuse, Acting Chief Justice Lyn Stuart is demanding that Chief Justice Roy Moore remove all his personal items from his office by October 18, 2016. Adding further insult, Stuart states that Chief Justice Moore must be accompanied by a marshal. Stuart stated this demand in a letter sent to the Chief Justice dated October 11, 2016. In another letter with the same date, Stuart informed the Chief Justice that her staff will now open any "official looking" mail. Stuart also modified the official Alabama Supreme Court letterhead and removed Chief Justice Moore's name.
Chief Justice Moore has filed an appeal of the decision issued by the Court of the Judiciary on September 30 to suspend him for the remainder of his term, which runs through January 2019. The Chief Justice also filed a motion to recuse four of the current Alabama Supreme Court justices and three former justices who sat by designation in his May 2016 petition regarding the Judicial Inquiry Commission. He also issued a statement asking the Court to unseal the case that underlies his motion.
"Removing the Chief Justice's name from the official Supreme Court letterhead and demanding he remove all his personal items sure looks like removal to any objective observer," said Mat Staver, Founder and Chairman of Liberty Counsel. "The Court of the Judiciary lacked the unanimous 9-0 votes to remove the Chief, but the punishment that the Court created is de facto removal. This recent action by Acting Chief Justice Stuart is premature because the appeal is pending along with a motion to recuse certain members of the Alabama Supreme Court. This prejudgment of the appeal seriously raises doubt that Chief Justice Moore can get a fair hearing. No one should prejudge this case. Chief Justice Moore deserves a fair hearing that is transparent and open to public scrutiny," said Staver.
