The Alabama Court of the Judiciary removed Circuit Judge Stuart C. DuBose from office last Thursday, June 5 for violating the Judicial Canon of Ethics. The decision followed a daylong trial the day before.

His removal ended a tumultuous year-plus stint as a First Judicial Circuit Judge. The seven-member court found that he verbally abused and intimidated attorneys and judicial subordinates, attempted to influence other judges in cases in which he was personally involved and made statements that questioned his impartiality in cases, among other charges.

A formal complaint, similar to an indictment, was issued in January by the Judiciary Inquiry Commission and DuBose was suspended with pay at that time.

In addition, DuBose was indicted the previous week on firearms violation charges by a federal grand jury in Mobile. He was jailed following his arrest on those charges and a federal judge refused to release DuBose after a hearing determined that he could be a threat to himself or the community.

Did not attend trial

Despite being incarcerated in Baldwin County, DuBose had the opportunity, but declined, to attend his trial before the Court of the Judiciary in the Alabama Supreme Court's courtroom in Montgomery. His lawyers offered only a limited defense, noting his acknowledged mental problems.

DuBose had pleaded "diminished capacity" to each of the 60 counts in the formal complaint.

The order, read by Associate Alabama Supreme Court Justice Greg Shaw who sits as chief justice of the court, said there was "clear and convincing evidence" to find DuBose guilty on all 60 charges.

The court refused DuBose's defense of "diminished capacity" and cited cases from other states that require judges to be held to high standards of personal and professional conduct.

The court noted DuBose's "serious mental-health challenges" and said the personal problem could be a mitigating factor in determining discipline but "only when, it does not compromise the primary goal of protecting the integrity of the office and the judicial process."

The order cited the psychological evaluation of DuBose by Dr. Doug McKeown, emphasizing McKeown's diagnosis of DuBose's "narcissistic personality disorder traits and behavior which are not likely to respond to treatment and intervention…"

Trial testimony

In addition to McKeown, several local citizens testified during the trial:

•Chrissy Dunn, former court reporter for DuBose, said DuBose asked her to give him a bill marked paid for doing a transcript of an Alabama Power condemnation hearing that was a personal matter of DuBose's. He ordered her not to provide copies for Alabama Power's lawyers, screaming obscenities at her to get his point across.

•Former District Attorney Bobby Keahey told of DuBose's attempt to order a change in orders regarding a Department of Human Resources case. Keahey also told of DuBose's visit with local attorneys after winning the Democratic nomination for judge in 2006 in which he wanted those who had opposed him to sign a pledge that they would support him for re-election in 2012.

Keahey also testified to a meeting DuBose had with lawyers in the circuit at Ezell's Fish Camp in Choctaw County where DuBose promised to favor the circuit's lawyers with "home-field" advantage in judicial proceedings.

•Jackson attorney Jacqueline Bradley testified as to the pledge matter. She had supported DuBose's opponent and was intimidated by DuBose who said Bradley's actions had been harmful to his family, his children and his parents.

Both Keahey and Bradley refused to sign a pledge of support although other lawyers who had opposed DuBose did.

•Peter Burns, a Mobile attorney, testified that DuBose violated a settlement agreement DuBose had agreed to- and even written himself- in an estate lawsuit. The dispute had its beginnings during DuBose's private law practice when he was accused of preparing a will for a man he never met.

Appeal process

DuBose has 30 days to appeal for a new trial before the Court of the Judiciary. If that request is denied he has 42 days to appeal the decision directly to the Alabama Supreme Court.

So, while DuBose may be removed from the bench, the process may be a while in being completed. DuBose's attorneys gave no indication as to whether they would or would not appeal last week.

Whenever the process is completed, Gov. Bob Riley will appoint someone to fill the vacancy. That person would serve until the next available election. Speculation has already started as to who may be appointed to the position.