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Alabama Judicial Inquiry Commission Complaint against Moore: 6 Charges
Montgomery Advertiser, Alabama Judicial System ^ | August 22, 2003 | State of Alabama

Posted on 08/22/2003 11:16:31 PM PDT by risk

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BEFORE THE COURT OF THE JUDICIARY OF ALABAMA IN THE MATTER OF ) ROY S. MOORE, ) Court of the Judiciary CHIEF JUSTICE OF ) Case No. _______ THE SUPREME COURT OF ALABAMA

COMPLAINT

The Judicial Inquiry Commission of the State of Alabama brings this Complaint against Chief Justice Roy S. Moore (hereinafter “Chief Justice Moore”) of the Supreme Court of Alabama. The facts and charges upon which this Complaint is based, averred separately and severally, are as follows:

1. On January 15, 2001, Roy S. Moore became Chief Justice of the Supreme Court of the State of Alabama and has continued in that position until the present. In that capacity, Chief Justice Moore, in addition to his other responsibilities, has served continuously as the administrative head of the judicial system of the State of Alabama.

2. Civil Actions were filed in the United States District Court for the Middle District of Alabama (hereinafter “the District Court”) to have a monument

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removed from the rotunda of the State Judicial Building as a violation of the Establishment Clause of the First Amendment to the Constitution of the United States. These civil actions were brought against Chief Justice Moore in his official capacity as Chief Justice of the Supreme Court of Alabama. Glassroth v. Moore, CV-01-T- 1268-N, and Maddox and Howard v. Moore, CV-01-T-1269-N.

3. On November 18, 2002, the District Court held the monument violated the Establishment Clause of the First Amendment to the Constitution of the United States. Glassroth v. Moore, 229 F. Supp. 2d 1290 (M.D. Ala. 2002).

4. On December 19, 2002, the District Court entered a permanent injunction directing Chief Justice Moore to remove the monument from the Alabama Judicial Building. Glassroth v. Moore, 242 F. Supp. 2d 1067 (M.D. Ala. 2002). That injunction was stayed by the District Court pending Chief Justice Moore’s appeal to the United States Court of Appeals for the Eleventh Circuit (hereinafter “Court of Appeals”). Glassroth v. Moore, 242 F. Supp. 2d 1068 (M.D. Ala. 2002).

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5. On July 1, 2003, the Court of Appeals affirmed the judgment of the District Court. Glassroth v. Moore, 335 F.3d 1282 (11th Cir. 2003).

6. After the decision of the Court of Appeals, Chief Justice Moore did not ask the court for a rehearing, nor did he request the Court of Appeals, pursuant to Rule 41 of the Federal Rules of Appellate Procedure, to stay the issuance of its mandate to the District Court pending the filing of a petition to the United States Supreme Court for a writ of certiorari.

7. On July 30, 2003, having received no request to stay the mandate, the Court of Appeals issued its mandate to the District Court in Glassroth v. Moore, 335 F.3d 1282 (11th Cir. 2003).

8. On August 5, 2003, the District Court entered its “Final Judgment and Injunction.” In that Order the Court stated: On July 28, before receipt of the appellate mandate, this court held a conference call to determine if the Chief Justice had asked the Eleventh Circuit to stay its mandate pursuant to Rule 41(d)(2)(A) of the Federal Rules of Appellate Procedure, which provides that, “A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court.”

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The court scheduled the conference out of concern that the mandate might issue while the undersigned was away on a family matter. During the call, counsel for the Chief Justice indicated that, although the Chief Justice was aware of Rule 41, he had not filed such a motion. Two days later, on July 30, the Eleventh Circuit issued its mandate, and, on August 1, this court received it. Thus, although the Chief Justice could have requested a stay of the mandate (and thereby of the injunction the court enters today) pending a request for review by the United States Supreme Court, the Chief Justice chose, for reasons not made known to this court, not to do so. On August 4, this court held another conference call to determine if the parties had any opposition to the court carrying out the mandate and lifting its stay. Although the court had made clear in its December 23 order that the stay would be lifted immediately upon receipt of the appellate mandate, the court wanted to give all parties a final opportunity to voice any concerns. In a written response filed after the call, the Chief Justice stated that he opposes the lifting of the stay and the issuance of an injunction “on the grounds that the Court does not have the authority or the jurisdiction to enter an injunction in this case.” Of course, the Chief Justice’s argument has already been rejected by both this court, Glassroth v. Moore, 229 F. Supp. 2d 1290 (M.D. Ala. 2002), and the Eleventh Circuit, Glassroth v. Moore, [338 F.3d 1282 (11th Cir. 2003)]. But most notably, the Chief Justice took the same stance in this

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court as he had in the Eleventh Circuit by not expressly asking that the stay be continued pending any effort to obtain review in the United States Supreme Court. Glassroth v. Moore, Order of August 5, 2003 at pp. 2-4.

9. The District Court then ordered that its stay entered on December 23, 2002, be dissolved and enjoined Chief Justice Moore, his officers, agents, servants, and employees and those persons in active concert or participation with him who received actual notice of this injunction from “failing to remove, by no later than August 20, 2003, the Ten Commandments monument at issue in this litigation from the non-private areas of the Alabama State Judicial Building.” Glassroth v. Moore, Order of August 5, 2003 at p. 5.

10. The District Court further stated in its order of August 5, 2003, that if the injunction should not be complied with within the time allowed, the court could “levy substantial fines against Chief Justice Moore in his official capacity and, thus, against the State of Alabama itself, until the monument is removed.” Glassroth v. Moore, Order of August 5, 2003 at p. 7.

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11. The United States District Court further ordered that its final judgement and injunction be served on the Governor, the Attorney General, the Treasurer, the Comptroller, the Administrative Director of Courts, the eight Associate Justices, and the Clerk of the Supreme Court of the State of Alabama. Glassroth v. Moore, Order of August 5, 2003 at p. 7.

12. On August 14, 2003, Chief Justice Moore stated publicly that he would not comply with the injunction issued to him by the District Court. Among other things, Chief Justice Moore said in his statement in response to the Order directing him to remove the monument: As Chief Justice of the State of Alabama, it is my duty to administer the justice system of our state, not to destroy it. I have no intention of removing the monument of the Ten Commandments and the moral foundation of our law. To do so would, in effect, result in the [be a] disestablishment of our system of Justice in this State. This I cannot and will not do!

13. On August 15, 2003, Chief Justice Moore filed a Motion in the District Court asking the court to stay its Writ of Injunction entered on August 5, 2003. He

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also filed a Petition for a Writ of Mandamus and/or Prohibition in the Supreme Court of the United States.

14. On Monday, August 18, 2003, the District Court denied Chief Justice Moore’s Motion for Stay finding that: [T]his court, not once but twice, essentially invited the Chief Justice to invoke the orderly and established process under the federal rules for a stay of any injunction pending a petition to the United [States] Supreme Court for writ of certiorari -- invitations which the Chief Justice declined. Therefore, the fact that the court issued a final judgment and injunction on August 5, without allowing for a stay pending review by the United States Supreme Court, is the direct, willed result of the actions of the Chief Justice himself. As the court explained in its August 5 final judgment and injunction, on two separate occasions this court conducted conference calls with counsel for all parties to discuss how to proceed regarding an injunction for removal of the monument once the appellate mandate had issued pursuant to the decision of the Eleventh Circuit Court of Appeals upholding the removal [of] the monument. Glassroth v. Moore, Order of August 18, 2003 at pp. 5-6. The court further noted that Chief Justice Moore still had not asked for a stay pending any

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filing of a petition for a writ of certiorari in the United States Supreme Court. Id. at FN 1.

15. On Monday, August 18, 2003, Chief Justice Moore filed a Motion to Recall the Mandate and a Motion for Stay in the Court of Appeals. On August 19, 2003, the Court of Appeals declined to recall its mandate or to enter a stay.

16. On August 20, 2003, the final day set by the District Court for the removal of the monument, Chief Justice Moore filed with the United States Supreme Court an Application to Recall and Stay the Mandate. That Application was denied the same day.

17. At 12:01 A.M. on August 21, 2003, the monument remained in the rotunda of the Alabama Judicial Building at 300 Dexter Avenue, Montgomery, Alabama, in violation of the Order of the District Court issued to Chief Justice Moore on August 5, 2003. As of the opening of the business day on August 21, 2003, the monument remained in the same position in the rotunda of the Alabama Judicial Building.

18. On August 21, 2003, when Chief Justice Moore failed to comply with the August 5, 2003, Order of the

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District Court, the eight associate justices of the Supreme Court of Alabama, recognizing that “[t]he refusal of officers of this Court to obey a binding order of a federal court of competent jurisdiction would impair the authority and ability of all of the courts of this State to enforce their judgments,” entered an order countermanding the “administrative decision of the Chief Justice to disregard the writ of injunction of the United States District Court for the Middle District of Alabama” and ordered “that the Building Manager of the Alabama Judicial Building be, and the same hereby is, DIRECTED to take all steps necessary to comply with the injunction as soon as practicable.”

19. On August 21, 2003, notice of the entry of the order of the Supreme Court of Alabama was filed in Glassroth v. Moore, CV-01-T-1268-N and Glassroth v. Maddox, CV-010T01269-N, M.D. Ala.

20. On August 21, 2003, Chief Justice Moore stated publicly, concerning the above stated actions of the eight associate justices: I am very disappointed with my colleagues on the Court who have decided to act in

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response to Judge Thompson’s Order, to exercise authority under Section 12-5-20 Alabama Code to remove the monument of the Ten Commandments from the rotunda of the Alabama Judicial Building

21. Attached to this complaint are true and correct copies of the following documents that are incorporated herein by reference: (a) Glassroth v. Moore, 229 F. Supp. 2d 1290 (M.D. Ala. 2002); (b) Glassroth v. Moore, 242 F. Supp. 2d 1067 (M.D. Ala. 2002); (c) Glassroth v. Moore, 242 F. Supp. 2d 1068 (M.D. Ala. 2002); (d) Glassroth v. Moore, 335 F. 3d 1282 (11th Cir. 2003); (e) 11th Circuit United States Court of Appeals Mandate in Glassroth v. Moore; (f) Transcript of telephone conference in the U.S. District Court in Glassroth v. Moore on July 28, 2003; (g) Transcript of telephone conference in the U.S. District Court in Glassroth v. Moore on August 4, 2003; (h) U.S. District Court Order in Glassroth v. Moore denying a stay on August 18, 2003; (i) Clerk's response, August 19, 2003; (j) Order denying motion to Recall Mandate, issued by the Court of Appeals in Glassroth v. Moore on August 19, 2003;

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(k) Order of the United States Supreme Court denying application to recall the mandate and for a stay, entered on August 20, 2003; (l) Motion to Hold Defendant in Contempt, filed in the District Court in Glassroth v. Moore on August 21, 2003; and (m) Notice of Filing in the District Court in Glassroth v. Moore on August 21, 2003. CHARGE ONE

22. Chief Justice Moore, while serving as Chief Justice of the Alabama Supreme Court, did fail to uphold the integrity and independence of the judiciary as required by Canon 1 of the Alabama Canons of Judicial Ethics in that, in the circumstances described in paragraphs 1-21, he willfully failed to comply with an existing and binding court order directed to him. CHARGE TWO

23. Chief Justice Moore, while serving as Chief Justice of the Alabama Supreme Court, did fail to observe high standards of conduct so that the integrity and independence of the judiciary may be preserved as required by Canon 1 of the Alabama Canons of Judicial Ethics in that, in the circumstances described in

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paragraphs 1-21, he willfully failed to comply with an existing and binding court order directed to him. CHARGE THREE

24. Chief Justice Moore, while serving as Chief Justice of the Alabama Supreme Court, did fail to avoid impropriety and the appearance of impropriety in all his activities as required by Canon 2 of the Alabama Canons of Judicial Ethics in that, in the circumstances described in paragraphs 1-21, he willfully failed to comply with an existing and binding court order directed to him. CHARGE FOUR

25. Chief Justice Moore, while serving as Chief Justice of the Alabama Supreme Court, did fail to respect and comply with the law as required by Canon 2A of the Alabama Canons of Judicial Ethics in that, in the circumstances described in paragraphs 1-21, he willfully failed to comply with an existing and binding court order directed to him.

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CHARGE FIVE

26. Chief Justice Moore, while serving as Chief Justice of the Alabama Supreme Court, did fail to conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary as required by Canon 2A of the Alabama Canons of Judicial Ethics in that, in the circumstances described in paragraphs 1-21, he willfully failed to comply with an existing and binding court order directed to him. CHARGE SIX

27. Chief Justice Moore, while serving as Chief Justice of the Alabama Supreme Court, did fail to avoid conduct prejudicial to the administration of justice which brings the judicial office into disrepute as required by Canon 2B of the Alabama Canons of Judicial Ethics in that, in the circumstances described in paragraphs 1-21, he willfully failed to comply with an existing and binding court order directed to him.

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DONE this 22nd day of August, 2003. THE ALABAMA JUDICIAL INQUIRY COMMISSION _____________________ Randall L. Cole Chairman BY ORDER OF THE COMMISSION


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Front Page News; Government; News/Current Events; US: Alabama
KEYWORDS: alabama; commandments; complaint; roymoore; tencommandments
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Catspaw posted these via a pointer to The Montgomery Advertiser, which has a link to http://www.judicial.state.al.us/

I copied the text out of the PDF and reformatted it, so some things may be out of skew a bit. Please check the original in a PDF viewer if you have trouble reading this one.

1 posted on 08/22/2003 11:16:31 PM PDT by risk
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To: Diamond; FreepForever; ovrtaxt; Catspaw; Luis Gonzalez; tpaine; Chancellor Palpatine; ...
ping
2 posted on 08/22/2003 11:19:56 PM PDT by risk
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To: risk
They left out the most damning to liberal/socialist think; the 7th Charge.

HE'S A GOD FEARING MAN WHO BELIEVES ALL THAT IS ON THE TABLETS HANDED TO MOSES BY GOD, CARRIED BY THE IRAELITES, AND ARE THE BASIS FOR JUDEISM, CHRISTIANITY, AND THE MAJORITY OF THE FREEDOM LOVING DEMOCRACIES OF THE WESTERN CIVILIZED WORLD!

3 posted on 08/22/2003 11:23:22 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat
CARRIED BY THE IRAELITES???


I get it... the Ralians... the iraelites gave it to the ralians who gave it to MOORE directly from God... from the planet ralia...

Looks like his colleagues think he is nutier than a fruitcake.

4 posted on 08/22/2003 11:33:43 PM PDT by Robert_Paulson2 (Fascist religious leaders working in Governmental positions of power, are our friends!)
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To: risk
Chief Justice Moore, while serving as Chief Justice of the Alabama Supreme Court, did fail to conduct himself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary as required by Canon 2A of the Alabama Canons of Judicial Ethics
Uh oh... could be trouble for the ole fellah.
5 posted on 08/22/2003 11:37:05 PM PDT by Robert_Paulson2 (Fascist religious leaders working in Governmental positions of power, are our friends!)
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To: Robert_Paulson2
Time will tell who has the last laugh. Better to offend a flesh man than the Heavenly Father, He it is that has complete control.
6 posted on 08/22/2003 11:37:12 PM PDT by Just mythoughts
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To: Just mythoughts
did fail to avoid conduct prejudicial to the administration of justice which brings the judicial office into disrepute
7 posted on 08/22/2003 11:41:23 PM PDT by Robert_Paulson2 (Fascist religious leaders working in Governmental positions of power, are our friends!)
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To: Robert_Paulson2
did fail to respect and comply with the law as required by Canon 2A of the Alabama Canons
8 posted on 08/22/2003 11:42:16 PM PDT by Robert_Paulson2 (Fascist religious leaders working in Governmental positions of power, are our friends!)
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To: Robert_Paulson2
willfully failed to comply with an existing and binding court order directed to him.
9 posted on 08/22/2003 11:42:52 PM PDT by Robert_Paulson2 (Fascist religious leaders working in Governmental positions of power, are our friends!)
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To: Just mythoughts
You think that we will be offending He that warned us not to worship graven images by removing a graven image?

Can you point me to the section of the Bible where Christians are instructed to erect monuments in the name of Jesus Christ?
10 posted on 08/22/2003 11:44:20 PM PDT by Luis Gonzalez (I am he as you are he as you are me and we are all together)
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To: Luis Gonzalez
They don't mind the graven images luis...
We are a nation of idolators... and guess what?
One Church has been singled out for this accusation by fundamentalist evangelicals for a LONG LONG time... Our Catholic brothers... it's almost poetic.

and my oh my... here we have the big B baptists and the fundymentals at Jan and Paul's place, Big Benny, James Kennedy, and the amazing Avanzini and their extensive choir of pentecostals all weeping and moaning before what?

a stone idol in a courthouse.
its like irony on acid.
11 posted on 08/22/2003 11:50:15 PM PDT by Robert_Paulson2 (Fascist religious leaders working in Governmental positions of power, are our friends!)
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To: Luis Gonzalez

The Amazing Avanzini!

12 posted on 08/22/2003 11:52:07 PM PDT by Robert_Paulson2 (Fascist religious leaders working in Governmental positions of power, are our friends!)
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To: Luis Gonzalez
Well if you have read, our Heavenly Father placed those commandments HIMSELF on tablets, the tablets were not worshiped, they the tablets were the material used to give the instructions.

Whatever you devote your mind to is what one worships, can be a car, house, job or a rock. Do you not read what was WRITTEN? Those "TEN" symbolize the basis of our constitution and yet flesh man demand their removal.

Christ Himself spoke of those who sit in the seat of Moses, have you not read that either?
13 posted on 08/22/2003 11:53:18 PM PDT by Just mythoughts
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To: Just mythoughts

Those who sit in Moses Seat? You gotta be kidding!

14 posted on 08/22/2003 11:55:09 PM PDT by Robert_Paulson2 (Fascist religious leaders working in Governmental positions of power, are our friends!)
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To: Robert_Paulson2
"avoid conduct prejudicial to the administration of justice", now who is being prejudice?

This is an accusation filled with hot air. So time will tell what kind of "JUSTICE" will follow.
15 posted on 08/22/2003 11:56:24 PM PDT by Just mythoughts
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To: Robert_Paulson2
Moses was the law giver, are we not talking about the "Ten Commandments"? There are those who seek to set themselves above those "TEN".

Kidding about what, we are told that we have been foretold all things, have you not read?
16 posted on 08/22/2003 11:58:37 PM PDT by Just mythoughts
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To: Robert_Paulson2

17 posted on 08/22/2003 11:59:50 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat
Heh.
18 posted on 08/23/2003 12:03:53 AM PDT by risk
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Comment #19 Removed by Moderator

To: Luis Gonzalez
Maybe this needs to be posted instead, after all I keep hearing we are a secular nation and that the constitution is a living documnet.

Where rights spring from god like heads much as athena sprang from zeus's head.

The law is what I say it is not what is written.

The Ten Nolo Contenderes

I. There is no Lord, often referred to as God, so false gods are fine, especially Political Figures and Supreme Court justices. For all practical purposes, Government is god. Get used to it. All religious zealots who criticize this section are absolute evil, terrorists, and the enemy, and thou shalt turn them all in.

II. Speaking of Political Figures, thou shalt not speak ill of them, ever – thou squalid vermin.

III. Thou shalt keep holy all government holidays. They are designed for your education, to enshrine moral depravity and political power-lust. Thou shalt revere our National Civic Religion. Hail Lincoln! Hail JFK! Hail MLK! Hail Warbucks! Furthermore, our Government having only one eternal flame, thou shalt have none other.

IV. Thou mayest honor thy parent and his/her domestic partner, in matters of little consequence, but above all thou must love, honor, and obey the Child Protection Service and thy Government School Teachers (GST’s), especially when they deride, disdain, and overrule thy parents and their partners.

V. Thou shalt not kill any already born, healthy, pro-Government human being whose physical and mental makeup meet all applicable Government standards, without Government permission (obtainable in special circumstances after the fact) or when you are wearing a Government uniform or carrying a Government I.D.

VI. Thou shalt neither bore nor burden others with advocacy of thy personal morality. Congress shall pass no law limiting the infinite possibilities of sexual expression, but, like everything else, it may make them mandatory.

VII. Thou shalt not steal, unless the Supreme Court says it’s ok. (Hint: Have the government do it for you, dolt! That’s what we’re here for!!)

VIII. Thou shalt not bear false witness, unless thou art a Politician, art running for office, or dost work for the Government. Under no circumstances shalt thou mention MLK’s plagiarism, JFK’s treachery, Clinton’s rapes, Teddy’s dry driver’s license, Bush’s Warbucks crowd … does thou get the drift?

IX. Thou shalt not covet any Government worker’s spouse or partner; all others are fair game.

(Politicians need not heed this section).

X. Thou shalt not covet thy neighbor’s goods, unless thou dost work for Government, and dost covet and expropriate them for the purposes of Government’s benevolent power, on which, may I remind you, there is no limit (see Commandment One).

20 posted on 08/23/2003 12:24:50 AM PDT by dts32041 ("moderate Arab" he's the one who detonates his bomb via remote control.)
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