Local judge set for trial,
mediation bid thwarted
By Chip Drago
Mobile Bay Times
Suspended Mobile County Circuit Judge Herman Thomas will be tried on ethics charges as scheduled July 25 before the state Court of the Judiciary in Montgomery unless the Judicial Inquiry Commission convenes in a special session before then to resume an attempt at mediation or the defense invokes delaying measures that may be at its disposal.
A meeting of the JIC on Friday, July 13 apparently failed to lead to a mediated resolution for the COJ's consideration, the Mobile Bay Times has learned.
The JIC is not scheduled to meet again before July 25.
However, Thomas may be able to delay the trial until August if he uses the entire 30 days that he is allotted to answer the amended complaint against him. The second amended complaint was filed July 3.
The COJ may be at diluted strength, presumably to Thomas's disadvantage, when it deals with the 13-page, 30-count complaint. The nine-member body includes two slots for lay or non-legal profession members. Most recently those positions were filled by Mobile Mayor Sam Jones and Montgomery's Sue McInnish. However, their terms have expired. Whereas, according to JIC protocol, members continue to serve until their replacements are seated, such may not be the practice with the COJ.
The COJ's lay members are appointed by the governor. The appointments require confirmation by the state Senate which is not in session.
Although both the COJ website and the city of Mobile's website listed Jones as a COJ member, the mayor's spokeswoman Barbara Drummond said the mayor considers his term expired and his service on the COJ at an end. The city's website Saturday continued to include among Jones' affiliations "Judge, Alabama Court of the Judiciary." The site would be edited to reflect a former status with the COJ, according to Drummond.
In any event, Jones may well have recused himself from the case. He and Thomas undoubtedly are well acquainted as longtime Democratic officeholders who also serve together on many community boards and organizations.
Regardless, the absence of Jones and McInnish from the COJ's deliberations could prove detrimental to Thomas. Among the COJ's options in punishing an erring judge is his removal from office. That is the one verdict that must be unanimous. With only seven or fewer jurors, the judge's prospects for a single saving vote diminish accordingly. Further, without Jones, the COJ has no black representation. Thomas is the sole black judge on the state bench in Mobile County.
Efforts to contact Gov. Bob Riley's office about the two COJ vacancies were not immediately successful, though the governor's communications director Jeff Emerson did return a call from Mobile Bay Times.
Attorney Dave Boyd of Balch & Bingham is defending Thomas. He has not commented publicly about the case. Veteran Mobile criminal defense attorney Billy Kimbrough is also engaged in Thomas's behalf.
It was unclear whether Deputy Attorney General Bill Lisenby Jr. and Assistant Attorney General W. Brent Woodall who handled the matter with JIC would also prosecute the case before the COJ.
Unlike proceedings before the JIC, the COJ trial will be conducted in public.
Thomas was originally charged in March with ethical violations in connection with his handling of criminal cases involving:
- His cousin, ousted Mobile County School Board commissioner David Thomas;
- Former professional, Auburn and Shaw football star Leonardo Carson and;
- Akil Figures, the son of state Sen. Vivian Figures and the late Michael Figures.
About two months ago, a second round of allegations was referred to JIC when most of the Mobile County Circuit bench signed off on a letter accusing their colleague of poaching cases off other dockets.
Thomas has withheld public comment but flatly denied the initial accusations in his official response to the JIC.
The COJ's nine members include Presiding Judge Greg Shaw of the state's criminal appeals court, Circuit Judge Scott Vowell of Birmingham, Circuit Judge David Rains of Fort Payne, District Judge John J. Dobson of Oneonta, Circuit Judge John V. Denson of Opelika, attorneys Jim North of Birmingham and Billy Melton of Evergreen.
A former assistant district attorney and district court judge, Thomas has had a prominent role in a wide array of community activities, boards, foundations, charities and organizations.
The office of Mobile County District Attorney John Tyson is also investigating the judge, independent of the JIC's proceedings, Tyson's office confirmed.
Neither Thomas nor his counsel have chosen to comment publicly about the case.
