Alabama Public Radio's Alex AuBuchon spent close to a month covering the trial of Alabama Chief Justice Roy Moore. The head of the state Supreme Court faced charges of encouraging probate judges to ignore the U.S, Supreme Court's ruling in favor of same sex marriage.
Moore Trial Setup Feature / AuBuchon
September 27, 2016
Alabama Chief Justice Roy Moore is set to appear in court tomorrow morning. He’s facing judicial ethics violations that could result in his removal from the state Supreme Court. The charges date back to the legal controversy and confusion over same-sex marriage in Alabama earlier this year, and Moore’s personal battle against it. Chief Justice Moore has some history with this court. In 2003, he was removed from office for unrelated judicial ethics violations. APR’s Alex AuBuchon has the latest on Chief Justice Moore’s case and what to expect tomorrow.
“What has he done? He’s upheld the law. The voters vote, and the legislators make law, and the judges uphold the law, they protect the law, they make opinions.”
At a hearing last month at the Alabama Judicial Building in Montgomery, Roy Moore received a very warm welcome. Dozens of supporters gathered to cheer on the Chief Justice for standing up for supreme law. One of the loudest voices was that of Johnny Brekeen. He travelled from Mississippi to lend his support to the Chief Justice’s cause. Alan Hoyle also travelled to show his support, all the way from North Carolina. “This here is in defiance to the sovereign people of Alabama and the constitution of Alabama which says that marriage is between a man and a woman. When someone goes against the constitution, it’s called treason.”
At issue in this case is Chief Justice Moore’s defiant stance against the legalization of same-sex marriage in Alabama. The U.S. Supreme Court ruled that same-sex couples have a constitutional right to marry anywhere in the United States. Back in January, Chief Justice Moore issued an administrative order to all 68 of the state’s probate judges. He told them that Alabama’s ban on same-sex marriage remained in effect.
The Southern Poverty Law Center says Moore encouraged those judges to disobey federal law. SPLC President Richard Cohen says there’s more going on than just ignoring the Supreme Court. “The federal court judge in the Southern District of Alabama had issued an injunction binding against all of the probate judges saying they must issue marriage licenses on a non-discriminatory basis. They were under a federal court order to do just the opposite of what Justice Moore was urging them to do.” The SPLC is leading the charge against Moore. But the Chief Justice argues he wasn’t trying to tell the probate judges what to do. He says all he wanted was to make sure the judges were aware of the status of the case, since the Alabama Supreme Court had not given any direction in the wake of the U.S. Supreme Court decision on gay marriage.
Here’s Moore’s attorney Mat Staver: “He says that the orders that the Alabama Supreme Court issued in March of 2015 are still outstanding, and the Alabama Supreme Court is going to review those, which they are, and make a decision, which they did, later, in March. That’s all he said. And for that, they ultimately charged him with advocating open defiant disobedience to the entire judiciary, beginning with the United States Supreme Court and on down.”
In a statement after a hearing last month, Moore said there was nothing in his order that encouraged probate judges to disobey federal law. “In fact, I said I’m not at liberty to give you guidance. That’s the Alabama Supreme Court that gives you guidance. Furthermore, I addressed the confusion that was caused by the delay in this court’s ruling. And I said until the Alabama Supreme Court rules, this order remains in full force and effect. That is law.”
One of Alabama’s probate judges sees it a little differently. Steven Reed is the Probate Judge for Montgomery County. “Not only encouraged, he directed probate judges to do that. And that’s why we decided to ignore it. That’s why I thought it was a sad and pathetic attempt on his part to disrupt the legal process, and that’s why I think you saw some other probate judges who did the same.”
Richard Cohen says some, but not all… “I think he sowed some confusion in their ranks, and a number of probate judges stopped issuing marriage licenses altogether, which I think was quite unfortunate for the people who lived in those counties.” Chief Justice Moore has a history with the Judicial Inquiry Commission and the Alabama Court of the Judiciary. In 2003, he was kicked out of office for refusing to remove a statue of the Ten Commandments from the state judicial building. Cohen thinks this infraction is far worse. “…because he’s urged 68 probate judges to defy a federal court order. And I think it’s cowardly for him to hide behind the claim that he didn’t really order them to do anything, when the reality is he did just that.”
Now it’s up to the Alabama Court of the Judiciary to decide whether Chief Justice Moore’s behavior warrants removal from the state Supreme Court for a second time. Then the question becomes ‘What next?’ SPLC President Richard Cohen didn’t want to personally speculate, but he said he had heard Moore was vying for a bid either for governor or attorney general.
Probate Judge Steven Reed was less coy. “I believe within the year we’ll see an announcement for governor, and I believe that will be something the Republican Party in Alabama will have to deal with themselves. I’m not a member of that party, so I’ll leave that up to them. But I don’t think there’s any question that if he’s removed, that we’ll see him back on the political landscape. And I think that’s what this was all about to begin with.”
Regardless of whether Moore is removed from the bench, Alabama law will force his hand soon. If he remains in office, the Chief Justice’s seat will come up for re-election in 2018. Despite a recent amendment effort, the state constitution says no one older than 70 can run for Chief Justice. So regardless of how tomorrow’s trial turns out, it’s assured that Chief Justice Roy Moore has at least one eye somewhere other than the Supreme Court. SOQ
Trial ROSR 1 / AuBuchon
05212 September 28, 2016
Embattled Alabama Chief Justice Roy Moore is on trial today. He’s facing judicial ethics charges that could result in his removal from the state Supreme Court. APR’s Alex AuBuchon is attending the proceedings and files this report from Montgomery.
Chief Justice Roy Moore took the stand in his own defense this morning. His defense team walked the Justice line-by-line through the administrative order he issued in January that forms the basis of the complaint against him. Moore says despite the accusations, he never intended to encourage the state’s probate judges to defy federal law. In cross-examination, prosecutors stressed several spots in the order where he appeared to do just that. It’s unclear at this point whether the Alabama Court of the Judiciary will issue a ruling today. The Judicial Inquiry Commission is urging the Court to remove Moore from office. SOQ
Trial Wrap 2 / AuBuchon
05211 September 29, 2016
Both sides have rested their cases and are confident in their arguments. Now the fate of suspended Alabama Chief Justice Roy Moore rests with the Alabama Court of the Judiciary. APR’s Alex AuBuchon attended yesterday’s trial and has more on the proceedings.
Roy Moore was fighting for his job yesterday. He’s facing ethics charges dating back to the same-sex marriage controversy that could result in his removal from office. But his support in the courtroom was obvious, with so many cheers that state troopers threatened to clear the gallery. One of the most vocal figures outside the courtroom was perennial thorn in Roy Moore’s side, Ambrosia Starling. She says if the Court of the Judiciary rules in favor of Moore, the next step is obvious.
“I know the due process of law and I’m a drag queen. You know, if you don’t seek satisfaction on the state level, you go federal. And I’m quite sure that from Washington D.C., they’re looking down and they’re watching to see whether or not we can stand up and act like adults and handle our business properly and respectfully, or whether it’s time for them to step in.”
Chief Judge Michael Joiner says the Alabama Court of the Judiciary will rule no later than October 8. SOQ ?
Roy Moore Trial Wrap-Up / AuBuchon
October 6, 2016
Roy Moore is no longer the Chief Justice of Alabama. Last week, a majority of the Alabama Court of the Judiciary decided to suspend Moore for the remainder of his six-year term as punishment for ethics violations. The charges relate to Moore’s role in the controversy over same-sex marriage in Alabama. APR’s Alex AuBuchon has been following the Chief Justice’s case. He has this report on reactions to the trial and what may be coming next.
[FX Up – Rally sound]
At Chief Justice Moore’s summary judgement hearing in August, supporters of traditional marriage outnumbered supporters of gay marriage by a wide margin. At the end of the trial, that scale flipped. “This is the first time that this many equality groups have come together.” That’s Ambrosia Starling, a drag queen and civil rights activist who has been a thorn in Roy Moore’s side from the beginning. “Normally, before, you see one or two. But today, there must have been somewhere between seven and nine equality organizations that all joined forces to ensure that the LGBT community was fairly represented on the day of the trial.”
Moore and Starling have sparred from the beginning. He singled her out in countless speeches, calling her insane and a professed transvestite, and saying she’s behind the charge to remove him from office. For the most part, Starling says she and others like her try to move past that rhetoric.
“I’m really proud to see how my community handled themselves in the face of hatred and discrimination.” Other members of the LGBT community on hand were some of the original litigants responsible for striking down Alabama’s ban on same-sex marriage. Cari Searcy remembers her and her wife Kim McKeand’s road to marriage equality. “When our son was born in late 2005, he was born with a large hole in his heart. He was going to have to have open-heart surgery. It was during this time that I was told because I didn’t have legal paperwork stating that I was a parent, I couldn’t administer care to our son. And for me, as a parent, that was unacceptable.”
It took years, but Searcy chose her course of action. “In late 2014, we filed our federal lawsuit challenging the Alabama Sanctity of Marriage laws, because we knew that was the only way to get legal recognition for our son.” Last January, federal judge Callie Granade ruled in Searcy’s favor. That ruling declared Alabama’s marriage laws were unconstitutional. “What happened after that, we all know, Judge Moore kind of made it his personal mission to stand in the doorway of marriage equality here in Alabama. And we saw something happen here where people started to take a stand and say ‘You know what? This is good. This is good for Alabama, and Alabama is a better place when all of its citizens are equally protected under the law.’” “When a leader says that hate is something we can endorse legally, that affects everyday lives of everyday Alabamians.” That’s Eva Kendrick, Alabama state manager for the Human Rights Campaign. “When people who would seek to harm LGBTQ people hear this, they can use that rhetoric as a justification. They can say that their words and their actions have been echoed in the highest court in Alabama.”
The court system disciplined Roy Moore for his actions and rhetoric, but Kendrick says the responsibility ultimately lies with Alabama’s voters. “The challenge for us is how we move forward to elect officials who will stand up for all Alabamians, because these actions are unconscionable, and we cannot let discriminatory political officials dictate the future of our state as they have dictated its past.” Richard Cohen agrees – he’s the President of the Southern Poverty Law Center, the organization that filed the initial judicial ethics complaints against Moore. “The people of Alabama deserve a Chief Justice who will uphold the law. Not a Chief Justice who will urge defiance of it.”
At this point, Moore has been suspended without pay for the remainder of his six-year term in office. At the end of that term, in January 2019, state law says Moore will be too old to serve as Chief Justice. But Roy Moore isn’t going quietly. His legal team has already filed an appeal with the Alabama Supreme Court.
“Based upon the law, I’m absolutely confident that the JIC was wrong in issuing these charges and the judge didn’t do anything. When you look at the case and you look at the issues, you scratch your head. ‘Why are we even here?’ We should not be here.” That’s Moore’s lead defense attorney Mat Staver of the Liberty Counsel in a press conference after last week’s trial. The JIC stands for Alabama’s Judicial Inquiry Commission which suspended Moore.
Full arguments haven’t been released, but Staver says he plans to challenge several aspects of the court’s decision, including whether they even have the power to review administrative orders like the one Moore was convicted and suspended for issuing. Moore’s appeal will be heard by the remainder of the Alabama Supreme Court. Staver wants the eight remaining justices to all recuse themselves and a new panel of judges to be appointed to hear the case. However the appeal plays out, one thing is for sure: We haven’t heard the last from Roy Moore yet. SOQ ?
Moore Update WRAP / AuBuchon
October 14, 2016
The Chief Justice of Alabama’s Supreme Court says he’s being kicked out of the courthouse. APR’s Alex AuBuchon reports this follows his suspension for violating judicial ethics.
The acting head of Alabama’s Supreme Court Lyn Stuart sent two letters to Chief Justice Roy Moore earlier this week. She told him to clear his office in the state courthouse and turn in his keys by next Tuesday. Moore’s law clerks were also fired, and his name was removed from the Supreme Court letterhead. Moore’s attorney Mat Staver of the Liberty Counsel is handling his appeal, which he says the Court is ignoring.
“We filed this, now, a week ago, and not a single action by the Alabama Supreme Court has been taken, other than to force the Chief Justice to remove all of his belongings and to fire three of his law clerks. It’s completely inappropriate.”
Roy Moore was suspended for the remainder of his term for judicial ethics violations related to his stand against same-sex marriage legalization in Alabama. SOQ