Judge Removed From Office

http://www.chron.com/cs/CDA/ssistory.mpl/front/2220123

Judge in Ten Commandments case removed

Associated Press

MONTGOMERY, Ala. -- Alabama Chief Justice Roy Moore was removed from office today for refusing to obey a federal court order to move his Ten Commandments monument from the rotunda of the state courthouse.

The state Court of the Judiciary unanimously imposed the harshest penalty possible after a one-day trial in which Moore said his refusal was a moral and lawful acknowledgment of God. Prosecutors said Moore's defiance, left unchecked, would harm the judicial system.

Moore, a champion of religious conservatives, had been suspended since August but was allowed to collect his $170,000 annual salary. He was halfway through his six-year term.

Speaking immediately after the decision, a defiant Moore told supporters he had only acknowledged God as is done in other official procedures and documents.

"I have absolutely no regrets. I have done what I was sworn to do," he said, drawing applause.

"It's about whether or not you can acknowledge God as a source of our law and our liberty. That's all I've done. I've been found guilty," he said.

Moore said he had consulted with his attorneys and with political and religious leaders and would make an announcement next week which he said "could alter the course of this country." He did not elaborate. He could appeal to the Alabama Supreme Court.

If his removal stands, Gov. Bob Riley would appoint a new chief justice to finish the term, which expires in 2006.

Presiding Judge William Thompson said the nine-member court had no choice in its decision after Moore willfully and publicly ignored the federal court order. "The chief justice placed himself above the law," Thompson said.

A federal judge had ruled the monument was an unconstitutional promotion of religion by the government. A federal appeals court upheld the ruling, and the U.S. Supreme Court refused to hear Moore's appeal. The monument eventually was rolled to a storage room on instructions from the eight associate justices.

Richard Cohen, president of the Southern Poverty Law Center, one of the three groups that sued Moore over the monument, said the action of the court and attorney general were courageous.

"They stood up to a popular political figure and said no one is above the law. We intend now to file a complaint with the Alabama State Bar Association asking that Moore be disbarred," Cohen said.

The Judicial Inquiry Commission filed the complaint about Moore's defiance with the Court of the Judiciary, an ad hoc panel of judges, lawyers and others appointed variously by judges, legal leaders and the governor and lieutenant governor.

Today, Moore said he had no animosity toward the court. But, he said, unless the states stand up, "public acknowledgment of God will be taken from us. In God we trust will be taken from our money and one nation under God from our pledge."

Greg Sealy, head of the Sitting at His Feet Fellowship in Montgomery, an inner-city mission, said it was the "darkest day" he has seen in America since he moved to the United States from Barbados 23 years ago.

"They stole my vote. The judiciary stole my vote. I voted for Roy Moore," he said.

The prosecutor, Attorney General Bill Pryor, on Wednesday termed Moore's defiance "utterly unrepentant behavior" that warranted removal from office.

The chief justice testified he was fulfilling his duties and promises to voters when he refused to follow the court order.

Moore, 56, testified that he followed his conscience and did nothing to violate judicial ethics.

"To acknowledge God cannot be a violation of the Canons of Ethics. Without God there can be no ethics," Moore testified.

He had also reiterated his stance that, given another chance to fulfill the court order, he again would refuse to do so. When one panelist, Circuit Judge J. Scott Vowell of Birmingham, asked Moore what he would do with the monument if he were returned to office, the chief justice said he had not decided, but added: "I certainly wouldn't leave it in a closet, shrouded from the public."

In closing arguments, Assistant Attorney General John Gibbs said Moore's public refusal to obey a court order "undercuts the entire workings of the judicial system."

"What message does that send to the public, to other litigants? The message it sends is: If you don't like a court order, you don't have to follow it," he said.

It was as a circuit court judge in Gadsden in the 1990s that Moore became known as the "Ten Commandments Judge," after he was sued by the American Civil Liberties Union for opening court sessions with prayer and for displaying a hand-carved Ten Commandments display behind his bench.

He said Wednesday that when he ran for chief justice in 2000, his entire campaign was based on "restoring the moral foundation of law." He added that it took him eight months to personally design the monument, which he helped move into the judicial building in the middle of the night on July 31, 2001.

Jones asked Moore why he didn't just go ahead and move the monument as Thompson ordered.

"It would have violated my conscience, violated my oath of office and violated every rule of law I had sworn to uphold," Moore said.


Please do not perceive this post as gloating. Thanks.

 

That's scary.