Former U.S. attorney joins inquiry of Mobile judge
By Chip Drago
Mobile Bay Times
Birmingham attorney Doug Jones has joined the state Judicial Inquiry Commission's investigation of suspended Mobile County Circuit Judge Herman Thomas, replacing lawyers in the office of Attorney General Troy King who cited a "conflict of interest" in withdrawing from the case.
A former U.S. attorney during the Clinton Administration, Jones garnered national attention six years ago in the prosecution of former Ku Klux Klansman Thomas Edwin Blanton Jr. who was convicted of the murders of four black girls, killed in the bombing of the 16th Street Baptist Church in Birmingham Sept. 15, 1963.
After he joined the Birmingham law firm of Whatley Drake, Jones continued to serve as a special Assistant Attorney General for Alabama in its case against Bobby Frank Cherry, the last of the defendants to be tried for the notorious church bombing that led some to deride the city as "Bombingham." Cherry, too, was found guilty of murdering the girls.
Blanton and Cherry are serving life sentences in Alabama prisons.
Assistant attorneys general earlier this week withdrew from the JIC investigation, citing "a conflict of interest in the respective positions" of the JIC and the office of the attorney general in the prosecution of the judge.
The oddly sudden exit of the attorney general's office from the JIC's proceedings has occasioned much conjecture in local legal circles.
JIC rules provide for "alternate dispute resolution" or mediation of the complaint.
Rule 10, Section B reads:
- B. All statements made by or for the judge in or for a hearing conducted or to be conducted pursuant to this rule shall be privileged and inadmissible as either substantive evidence or impeachment evidence against the judge.
Some attorneys interpreted the rule as possibly hamstringing state prosecutors should they participate in the JIC proceedings and then find themselves embroiled in a corollary investigation or an impeachment trial.
"Everything between the lawyer and the JIC is pretty confidential, so I don't think I can comment at all," Jones said of his assignment.
Mobile attorney Rick Kuykendall, formerly of Birmingham, said he knew Jones "quite well."
"Doug is an able lawyer who, as U.S. attorney for the Northern District of Alabama, proved himself as an impartial and dedicated public servant," Kuykendall said. "In his private practice he has handled numerous complex cases while remaining active in the community."
Two years ago Jones sought the chairmanship of the State Democratic Party but the party's executive committee favored Joe Turnham.
"It speaks volumes as to his integrity that despite his considerable history with the Democratic Party he was selected to serve the public interest in this case," Kuykendall added.
Departing from the case were Deputy Attorney General Bill Lisenby, Jr. and Assistant Attorney General W. Brent Woodall.
Thomas had been set for trial next Wednesday, July 25, but the unexpected shift in counsel also prompted a 90-day continuance of the trial. However, with new counsel so quickly on-board, it is likely a new trial date will be set sooner rather than later.
Through his attorney Dave Boyd, Thomas didn't oppose the delay, but he neither agreed nor disagreed that it was necessary. He asked that a scheduling conference be held once the JIC engaged new counsel.
In a letter to King written Tuesday, July 17, JIC Chairman and Circuit Judge Randall L. Cole of Fort Payne noted that King's attorneys disclosed the conflict on Friday, July 13 in the aftermath of a lengthy attempt at mediation of the complaint. The mediation failed.
"In the light of your further discussion of this matter with the Commission's staff yesterday (Monday), the Commission is of the opinion that representation by outside counsel is necessary ...," Cole wrote.
The JIC's split with the office of the attorney general in favor of outside counsel is not unprecedented.
Thomas was first charged in March with violations of the state's canons of judicial ethics.
Subsequently, additional counts were added after most of the local bench complained about Thomas poaching cases from the dockets of his fellow judges, often apparently without their knowledge and consent, a possible point of contention should the matter go to trial and public testimony be given. Several of the circuit judges here are under subpoena to appear should the COJ try Thomas.
A profile of the Whatley Drake firm from Martindale Hubbell reads:
"Whatley Drake & Kallas, LLC has a national practice, providing legal services from the representation of the individual client to governmental entities, pension funds, and nationwide classes of people. The firm has handled cases in courts of all levels through the United States Supreme Court. Lawyers at Whatley Drake & Kallas have tried more than 250 jury cases to verdict and countless non-jury cases on behalf of clients.
The firm's practice is concentrated on complex civil litigation including healthcare, governmental, anti-trust, consumer and securities fraud, labor and employment law, and products liability. Additionally, the firm has extensive experience in white collar criminal defense.
Whatley Drake & Kallas lawyers handle mass torts including exposure of workers, and injuries arising from medical and pharmaceutical products."
Whatley Drake clients, according to Martindale Hubbell, include:
- California Medical Association; Texas Medical Association; Louisiana State Medical Society; Florida Medical Association; United Steelworkers of America, AFL-CIO; Alabama AFL-CIO;
- Alabama Democratic Party; International Association of Machinists and Aerospace Workers AFL-CIO Local Lodge 985; Birmingham Plumbers & Steamfitters Local Union No. 91 Pension Fund and Health and Welfare Fund;
- Sheet Metal Workers Local Union No. 48 Welfare Fund; Birmingham Building Trades Towers; Laborers' District Council of Alabama Health and Welfare Fund and Education Training Fund;
- Carpenter Local 127 Pension Fund, Health and Welfare and Apprenticeship Fund; Asbestos Workers Local No. 78 Pension Fund; Local Union 136, International Brotherhood of Electrical Workers Health and Welfare Fund;
- Operating Engineers Local Union No. 312 Health and Welfare Fund and Joint Apprenticeship and Training Fund; Millwright and Machinery Erectors Local 1192 Defined Contributions Pension Plan; Teamsters and Chauffeurs Union Local 612;
- The Alabama Association of the Deaf, AFL-CIO; Local 558, International Association of Machinists and Aerospace Workers, AFL-CIO; Laborers' International Union of North America, Local 559; District 75 of the International Association of Machinists and Aerospace Workers, AFL-CIO-CLC;
- International Union of Operating Engineers; Sheet Metal Workers Local Union No. 48; United Food and Commercial Workers Local 1657; International Union of Elevator Constructors, Local 24; The Pate Companies; Alabama New South Coalition; Jefferson County Citizens Coalition.
Previous reports in the saga of Thomas's alleged ethical missteps appeared in the Mobile Bay Times as follows beginning with the more recent articles:
Prosecutors/JIC hit snag, Thomas trial delayed.
Mediation of Thomas complaint fails.
Proceedings advance in Thomas matter.
Thomas, JIC set to confer again.
JIC lodges complaint against Thomas.
