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How Did Attorney Stop Disciplinary Proceedings? By Becoming A Judge!

By John Mesirow

In October 2006, as reported in The Montgomery Advertiser:

[Then attorney Stuart] DuBose, pleaded guilty to violating the State Bar's rules and was suspended from the practice of law for 45 days. But the state Supreme Court ruled that the penalty wasn't sufficient.

The following month, "attorney Dubose" won the election, and became "Judge Dubose." So? Well ....

... DuBose took office Jan. 15, 2007, and the next month challenged the State Bar's disciplinary action, arguing, among other things, that the Bar was "divested of its jurisdiction" to discipline him once he became an incumbent circuit judge.

Ludicrous, right? Wrong!

The [Alabama] Supreme Court ruled that DuBose is entitled to have the disciplinary proceedings initiated against him by the State Bar stayed until he's no longer serving as a circuit judge.

Wacky. But it's not over for Judge Dubose because, while the attorney discipline action against him has been stayed,

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.

As a result, he is on leave with pay, and could be booted from the bench. And if that happens, here comes the Alabama Bar Association with its disciplinary proceeding. To read more (a little bit) click here.

Full post as published by Legal Juice on April 07, 2008 (boomark / email).