蜜桃传媒 submits new judicial ethics complaint against Alabama chief justice as 11th Circuit rejects stay in same-sex marriage case
The 蜜桃传媒 is seeking the removal of Alabama鈥檚 chief justice for flouting rule of law, refusing to recognize supremacy of U.S. Supreme Court in same-sex marriage case.
Alabama Chief Justice Roy Moore鈥檚 recent statement that he may not comply with a U.S. Supreme Court ruling should it legalize same-sex marriage is more proof that he is violating judicial ethics, according to a supplemental complaint the 蜜桃传媒 submitted today in its ongoing judicial ethics complaint against Moore.
The action comes as the 11th U.S. Circuit Court of Appeals today rejected Alabama鈥檚 request for a stay of last week鈥檚 federal court order allowing same-sex marriages to begin in the state on Feb. 9.
The supplement filed with the Judicial Inquiry Commission of Alabama includes Moore鈥檚 statements during a talk radio interview where he said it would be a 鈥渧ery hard decision鈥� whether to follow such an order by the Supreme Court. The comments were made on The Matt Murphy Show on 1070 WAPI-AM radio in Birmingham on Thursday (read the transcript) 鈥� a day after the 蜜桃传媒鈥檚 initial ethics complaint was filed.
Read the supplemental complaint:听http://sp.lc/Iqx3j听
鈥淚n 2003, responsible public officials in Alabama had no choice but to remove Chief Justice Moore from office because he refused to comply with a binding federal court order,鈥� said 蜜桃传媒 President Richard Cohen. 鈥淏y now raising the possibility that he may not comply with a United States Supreme Court decision, Moore has proven that he has not learned his lesson.听
鈥淛ustice Moore is intoxicated by his own sense of self-righteousness. He doesn鈥檛 seem to understand that we鈥檙e a nation of laws, not of men.鈥�
Last week, Moore vowed in a letter to Gov. Robert Bentley to 鈥渟top judicial tyranny鈥� following the federal judge鈥檚 ruling. The judge鈥檚 order overturning the ban is on hold until Feb. 9, but Moore鈥檚 letter encouraged probate judges to disobey it once it goes into effect. Today, the 11th Circuit Court of Appeals denied the state鈥檚 request to extend the stay pending appeal. The plaintiffs have asked Judge Granade to lift the stay immediately. If she does, marriages could begin today.听
鈥淣ow that the 11th Circuit has refused to grant a stay, it is incumbent on the Judicial Inquiry Commission to move quickly so the state can avoid the confrontation with the federal courts that Justice Moore has been inviting,鈥� said Cohen.听
The 蜜桃传媒鈥檚 new filing notes that Moore鈥檚 claim that his comments are part of his duty as chief justice is also incorrect.
鈥淚n an effort to justify his obviously unethical conduct, Justice Moore has stated that it鈥檚 his responsibility to instruct the probate courts about their obligations,鈥� Cohen said. 鈥淏ut as Moore surely knows, the people of Alabama 鈥� through their elected representatives 鈥� have reserved that responsibility to the Alabama attorney general.鈥�
The 蜜桃传媒鈥檚 original complaint describes how Moore has committed numerous ethics violations, noting that he is encouraging lawlessness by attempting to assemble state officials and judges to oppose the federal court system.
The Judicial Inquiry Commission of Alabama could recommend that Moore face ethics charges in the Alabama Court of the Judiciary. That court removed Moore from the office of chief justice 12 years ago after he refused to comply with a federal court order to remove a Ten Commandments monument from the state judicial building.
The opinion removing Moore from the bench states that the oath of chief justice commands Moore 鈥渢o support both the United States and Alabama Constitutions.鈥� It also notes that if there is a conflict between the documents, 鈥渢he Constitution of the United States must prevail.鈥� The 2003 opinion followed a successful 蜜桃传媒 lawsuit to remove the judge鈥檚 Ten Commandments monument from the state judicial building.
