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Thursday, November 13, 2003 MONTGOMERY, Ala. An Alabama judicial panel Thursday expelled Chief Justice Roy Moore (search) and rejected his argument that he was upholding his oath when he ignored a federal court order to move a Ten Commandments monument from the state judicial building.
Moore, who has been suspended with pay since August in the judicial ethics case, testified Wednesday that he was fulfilling his duties and promises to voters when he refused to follow the court order. The prosecutor, Attorney General Bill Pryor (search), termed Moore's defiance "utterly unrepentant behavior" that warrants removal from office. Moore insisted to the end that he was merely upholding his oath to "acknowledge God." The Court of the Judiciary heard less than a day of testimony and arguments. Raw Data: Ala. Judicial Inquiry Commission's Complaint Against Moore (pdf) U.S. District Judge Myron Thompson (search) 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 into a storage room. Moore 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 also said that, given another chance to fulfill the court order, he again would refuse to do so. When one panelist, Circuit Judge J. Scott Vowell, 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." "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," Assistant Attorney General John Gibbs said in closing arguments. Moore attorney Mike Jones disputed that notion. "There won't be this mass refusal to follow courts," he said. "In fact, I might suggest there might be more respect for a judiciary led by a man with faith and conscience."
About 100 Moore supporters gathered on the sidewalk and plaza outside the building, praying and carrying signs that read "Save the Ten Commandments." The Associated Press contributed to this report. |
William Pryor is not a judge (he is nominated to be a federal judge, but he hasn't been confirmed). He is the attorney general for the state of Alabama. By law he had to prosecute Moore before the Judicial Review Board. After hearing evidence and testimony from both sides, the Judicial Review Board voted unanimously to remove Moore from office.