Judicial commission taps John Carroll to prosecute Moore

Judicial commission taps John Carroll to prosecute Moore
Judicial commission taps John Carroll to prosecute Moore
Alabama Judicial Inquiry Commission selects former Federal Magistrate Judge and Samford Law professor John Carroll to prosecute Alabama Supreme Court Chief Justice Roy Moore, who has been accused of judicial ethics violations

By Tyler Pruett

tyler@southerntorch.com

MONTGOMERY, Ala. — The Alabama Judicial Inquiry Commission (JIC) announced last Friday it had hired former U.S. Magistrate Judge and Samford University law professor John Carroll to prosecute the case against Alabama Chief Supreme Court Justice Roy Moore.

Chief Justice Moore was placed on suspension earlier last month after the state’s commission on judicial ethics filed charges that Moore had violated ethics in his rulings actions on same-sex marriage last year. The United States Supreme Court struck down Moore’s ruling in a child custody case relating to the issue, and the Southern Poverty Law Center (SPLC) filed a complaint when he ordered probate judges to ignore an order by the higher court to honor the marriages.

The move to hire Carroll as prosecutor is being regarded as politically motivated by advocacy groups and those in support of the embattled chief justice. The accusations are based on Carroll’s prior work history as the SPLC’s Legal Director.

The Liberty Counsel, an Orlando based conservative advocacy organization, has filed a federal lawsuit against the JIC and is asking for Moore’s immediate reinstatement on constitutional grounds. The group also takes issue with Carroll’s past employment with the group that filed the initial complaint.

In a press release on May 27, Mat Staver, founder and chairman of the Liberty Counsel stated their case against the actions taken against Moore.

“The charges against Chief Justice Roy Moore must be dismissed. The JIC has no jurisdiction over an administrative order of the chief justice. Only the Alabama Supreme Court has jurisdiction, and that court agreed with the order,” Staver said.

“We are asking the federal court to strike down the automatic removal provision in the Alabama State Constitution and we are asking that Chief Justice Moore be immediately reinstated,” Staver said in the statement.

While Carroll has worked for the SPLC, his employment with the organization ended in 1984, according to Samford University’s website. The retired judge served as a helicopter pilot in the U.S. Marines during the Vietnam War. He holds law degrees from both Samford University and Harvard School of Law. Judge Carroll also has 14 years of experience as a federal magistrate judge.

Ironically, Carroll was selected by none other than Chief Justice Moore to be a member of the Alabama Access to Justice Commission and the Alabama Professionalism Commission from 2014 - 2015.

It is also worth noting that according to the JIC’s official rules of procedure, it’s the responsibility of the attorney general’s office to prosecute charges filed by the commission unless there is a conflict of interest. As earlier reported, the ongoing scandal in the governor’s office along with the suspension of Moore has created a complicated situation as to who will oversee judicial proceedings.

Moore has 30 days as allowed by the court to respond to the charges. While a court date has yet to be set, the suspended chief justice will likely not have his first court appearance until early fall.