Alabama's process for punishing judges needs to be changed, the Alabama Republican Party's executive committee says in a resolution aimed at what led to the suspension of Alabama Chief Justice Roy Moore.
The resolution asks that the executive, legislative and judicial branches of state government enact law for the election of all nine of the Judicial Inquiry Commission members.
"It needs to be an elected group of people so it is accountable to the voters," said Alabama Republican Party Chairman Terry Lathan.
The resolution also seeks to abolish the rule that judges are automatically suspended when charges are filed by the JIC.
The JIC is currently composed of: an appellate judge appointed by the supreme court, but who can't be supreme court justice; two circuit judges appointed by the Circuit Judges' Association; one District Judge appointed by the Lt. Governor; three persons who are non-lawyers appointed by the governor with confirmation by the Senate; and two members of the State Bar appointed by the Board of Bar Commissioners.
The JIC investigates complaints of misconduct or professional wrongdoing on the part of judges and can file charges that will be heard by the Alabama Court of the Judiciary (COJ). Judges who are charged by the JIC are automatically suspended with pay until their cases are resolved by the COJ.
Moore was suspended in May after the JIC filed judicial ethics charges regarding a January administrative order he issued to state probate judges that reminded them that the Alabama Supreme Court's order from the previous year barring them from issuing marriage licenses to same-sex couples was still in place - despite federal courts and U.S. Supreme Court orders saying same-sex marriage is legal nationwide.
The Southern Poverty Law Center had filed a complaint to the JIC after Moore's administrative order was issued. The SPLC also had filed several other complaints last year regarding other Moore orders and public comments the chief justice had made on gay marriage.
Moore has a trial set Sept. 28 before the COJ.
Richard Cohen, president of the SPLC, said the ALGOP resolution was "wildly insulting to the JIC members. "It's an insuslt to the integrity of the JIC by Moore's supporters," he said.
Cohen said there is accountability with JIC. "Seven of the nine (JIC) members hold elected office or are appointed by those who do," he said.
The effort to change the process is an effort by Roy Moore supporters "to undermine the strong judicial ethics laws that Alabama has," Cohen said.
The Rev. James Henderson offered the resolution at the Republican meeting. The resolution was overwhelmingly approved to applause, he said.
Henderson, who was the statewide campaign manager during Moore's unsuccessful bid for governor in 2010, said Wednesday that the SPLC was using the Judicial Inquiry Commission process in an attempt to have Moore and Alabama Supreme Court Justice Tom Parker both removed from the bench. "It's too easy for people to use charges from the JIC to retaliate against people," he said.
"It's just too easy to punish people without due process," Henderson said. JIC is trying to turn the JIC/COJ process into a "kangaroo court," he said.
The JIC has not filed charges against Parker. But Parker has stated the JIC is investigating him in court filings in a federal lawsuit he filed. That lawsuit challenges the automatic removal process and the constitutionality of several speech restrictive Alabama Canons of Judicial Ethics.
The JIC has asked a federal judge to dismiss Parker's case.
Another federal judge last month dismissed Moore's lawsuit that also challenged the law requiring automatic suspension of judges facing ethics charges.
One bill is already pending in the state legislature to address the JIC and COJ process.
Alabama Sen. Bill Hightower, R-Mobile, on Aug. 18 introduced a bill in the current special session of the Alabama Legislature that would delete the automatic suspension provision of a judge facing ethics charges. The bill was sent to the tourism and marketing committee, which has not acted on it.
Under current law, a judge being punished can only appeal to the Alabama Supreme Court. But the bill would add another layer - to require final legislative approval of any Alabama Supreme Court decisions that affirm the COJ's removal of a judge from the bench.