“… it is the unanimous judgment of this Court that Chief Justice Moore should be suspended from from office without pay for the remainder of his term,” Judge J. Michael Joiner wrote for the panel of nine judges.Mat Staver claims otherwise:
Alabama Supreme Court Chief Justice Roy Moore has filed an appeal of the decision issued by the Court of the Judiciary (COJ) on September 30 to suspend him for the remainder of his term, which runs through January 2019. A new panel of judges will need to convene to hear the case and all the sitting justices should be recused.It is possible that they had a unanimous decision to suspend but not a unanimous decision to terminate but it seems like a dubious distinction. Nevertheless, it is Alabama and anything is possible. Moore is required to post a cash bond on appeal to cover court costs. Staver makes no mention of it. It continues:
The Judicial Inquiry Commission (JIC) previously requested that the Chief Justice be removed from the bench. Under the COJ rules, removal requires a unanimous 9-0 vote by the members of the COJ, which is made up of judges, a lawyer and laypeople. Absent a 9-0 unanimous vote, the COJ cannot remove a judge from the bench. But in an unbelievable violation of the law, the COJ suspended him without pay for the remainder of his term. When his term expires, he will be ineligible to run again for election as judge due to his age. So the suspension until the end of his term is a de facto removal from the bench.
“Liberty Counsel and the Chief Justice have appealed this case to the Alabama Supreme Court. These baseless charges should be dismissed and the Chief Justice should be reinstated,” said Mat Staver, Founder and Chairman of Liberty Counsel. “To suspend Chief Justice Moore for the duration of his term is a miscarriage of justice and the same as removal. The COJ lacked the unanimous votes to remove the Chief, so the majority instead chose to ignore the law and the rules. We will continue the fight for justice to prevail in this case.”I do not know what grounds there are for an appeal other than Staver's claim of a due process error. Moore did precisely what he was accused of doing and his having done so was proved beyond any reasonable doubt. We have the signed administrative order telling probate judges to defy the Supreme Court and projecting a “ministerial duty,” whatever the hell that is.
Part of what drive this is the fact that Staver was defeated by Southern Poverty Law Center. That was like cutting off one of his orbs.