U.S. District Judge Harold Albritton informed the lawyers that he had what he needed to decide the Judicial Inquiry Commission's (JIC) motion to dismiss Alabama Chief Justice Roy Moore's federal complaint, noting that the parties had done a “tremendous job” on the briefs. He therefore said the hearing on Thursday will be canceled and he will promptly decide the pending motions.

Chief Justice Moore sued the JIC in federal court in May arguing that the automatic provision is unconstitutional. Alabama is the only state that has a provision in which judges are automatically removed from the bench when the JIC files a complaint no matter how minor the complaint may be. The judge is removed from the bench until a final resolution. It turns due process on its head because the judge has to prove innocence to return to the bench. While the constitutional challenge to the automatic removal provision is pending in federal court, the merits of the JIC charges are before the Court of the Judiciary and will be heard next Monday. 

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