MONTGOMERY, AL - When the Court of the Judiciary (COJ) unlawfully suspended Alabama Supreme Court Chief Justice Roy Moore for life, the members of the court invented a punishment that is much worse than removal because the Chief is left without salary, benefits, and the ability to receive retirement or earn any income. When his term expires in January 2019, Chief Justice Moore cannot run again for election as a judge due to his age. Therefore, the suspension until the end of his term is a de facto removal from the bench and is far more punitive.
Section 150 of Article 6 of the Alabama Constitution states that justices of the supreme court or other judges "shall receive no fees or perquisites, nor hold any office, except judicial offices, of profit or trust under this state or the United States, or any other government, during the term for which they have been elected or appointed." Whether this applies to the Chief is unclear because no one has ever been put in this situation before.
The COJ decision states: "A majority of this court also agrees with the JIC that the only appropriate sanction for Chief Justice Moore is removal from office. Removal of a judge from office, however, requires 'the concurrence of all members sitting.' Rule 16, R.P. Ala. Ct. Jud." (emphasis added).
"The COJ admitted it lacked the nine unanimous votes required by the rules to remove Chief Justice Moore," said Mat Staver, Founder and Chairman of Liberty Counsel. "At that point, the charges should have been dismissed. The case should be over and Chief Justice Moore should have returned to the Supreme Court. But instead, the COJ invented a punishment that is worse than removal. A unanimous vote is required to remove a judge and the COJ has no authority to violate the rules that govern the court," said Staver.
Removal and suspension for life removes a judge from the bench without pay. But removal would allow Chief Justice Moore to collect his retirement and earn a living. Suspension for life removes the Chief from the bench without pay, insurance and prohibits him from drawing on his retirement. Suspension for life is a greater form of punishment than removal because the Judicial Canons prevent the Chief from earning a living outside of his judicial role.
"The COJ violated the clear rule of law. The result of its invented punishment of suspending the Chief for life is intolerable and inhumane," said Staver.
Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.
