Feb 1, 2017
Liberty Counsel filed a 50-page reply brief, on behalf of Chief Justice Roy Moore, with the specially selected panel of judges at the Alabama Supreme Court. The filing of this brief contains the final written arguments. The next step in the case will be oral argument and a final decision by the Court. A date has not yet been set on the oral argument.
The brief rebuts the arguments of the Judicial Inquiry Commission (JIC) and the ruling by the Court of the Judiciary (COJ). It points out that only the Alabama Supreme Court has jurisdiction over administrative orders issued by a Chief Justice and that such orders cannot serve as the basis for ethical charges. An amicus brief filed by other Alabama judges also notes that the JIC has no authority to engage in any review of an administrative order of the Chief Justice. To allow the JIC to supplant the authority that Alabama law vests solely in the Alabama Supreme Court would set a dangerous precedent for all judges in Alabama.