Judge Claims "Diminished Capacity" in Judicial Ethics Probe

Judge Claims "Diminished Capacity" in Judicial Ethics Probe
New York Lawyer - March 13, 2008

GROVE HILL, Ala. (AP) - A Clarke County judge accused in a wide-ranging judicial ethics complaint claims he suffered from "diminished capacity" that affected his ability to make rational decisions.

Circuit Judge Stuart DuBose, who serves Washington, Clarke and Choctaw counties, could be ousted from office if convicted by the Court of the Judiciary.

The Judicial Inquiry Commission made 60 separate allegations against DuBose in January, covering his conduct on the bench and as a private lawyer before he took office in January 2007. They included claims that he told lawyers at a party after he won the Democratic nomination for circuit judge in September 2006 that they would have a "homefield advantage."

DuBose filed his formal response to the allegations Wednesday. He has been on paid leave since the complaint was filed. It's unclear when the commission will rule on the case.

John Wilkerson, the secretary of the Court of the Judiciary, told the Press-Register he can recall only one similar case in the last 30 years. In that case, a Talladega County judge resigned amid allegations of impropriety and requested disability payments because of diminished capacity, Wilkerson said.

DuBose's lawyers denied the charges and claimed he was suffering from an unspecified diminished capacity during the time covered by the allegations and the investigation of them.

Farley Moody of Calera, a lawyer representing DuBose, declined to provide details about his client's condition. DuBose's filing states that his "treatment and evaluation concerning his health, both mental and physical, is ongoing."

Among other allegations in the judicial ethics complaint, DuBose is accused of drafting a will as a private attorney for a wealthy, dying man, giving the entire estate to a caregiver seeking the will, without ever meeting the dying man. He also is accused of making threatening remarks to a group of lawyers in an apparent attempt to keep them from cooperating with the judicial inquiry commission's investigation.