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COJ Moore Order June 27 2016

The Court of the Judiciary issued an order regarding case no. 46 involving Roy S. Moore, the Chief Justice of the Alabama Supreme Court. The order treats Moore's motion to dismiss as a motion for summary judgment. It gives the Judicial Inquiry Commission until July 15th to file materials opposing Moore's motion, and allows Moore to file a reply by July 22nd. It schedules an oral argument on the summary judgment motions for August 8th. The order also notes that members of the public have been contacting the court about the case, and encourages the parties to discourage such contact given the canons of judicial ethics.

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2K views

COJ Moore Order June 27 2016

The Court of the Judiciary issued an order regarding case no. 46 involving Roy S. Moore, the Chief Justice of the Alabama Supreme Court. The order treats Moore's motion to dismiss as a motion for summary judgment. It gives the Judicial Inquiry Commission until July 15th to file materials opposing Moore's motion, and allows Moore to file a reply by July 22nd. It schedules an oral argument on the summary judgment motions for August 8th. The order also notes that members of the public have been contacting the court about the case, and encourages the parties to discourage such contact given the canons of judicial ethics.

Uploaded by

Montgomery Advertiser
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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COURT OF THE JUDICIARY CASE NO.

46

IN THE MATTER OF:


ROY S. MOORE
Chief Justice, Supreme Court of Alabama

ORDER

Chief Justice Roy S . Moore has pending before this Court


(1)

a motion to dis miss filed on June 21 ,

motion filed on June 23 ,

2016 ,

20 1 6 ,

and

(2)

for oral argument before the

entire Court on the motion to dismiss .


The motion to dismiss , having been filed pursuan t to Rule
12 (b) (6) , Ala . R . Civ . P ., includes evidentiary submissions by
the Chief Justice as well as other exhibits . This Court is
treating

the motion

to dismiss

as

a motion

judgment pursuant to Rule 56 , Ala . R . Civ .

for

summary

P . See Rule 10 ,

R.P . Ala . Ct . Jud . ( "E xcept where inappropriate , or otherwise


provided for by these rules ,

the provisions of the Alabama

Rules of Civil Procedure ... shall gove r n proceedings before


the court .... " ) ; Rule 12(b) (6) , Ala . R. Civ . P.
motion

asserting

the

defense

numbered

(6)

to

( " If , on a
dismiss

for

failure of the pleading to state a c l aim upon which relief can


be granted , matters outside the pleading are presented to and
not excluded by the court , the motion shall be treated as one
for summary judgment and disposed of as provided in Rule 56 ,

and

all

parties

shall

be

given

reasonable

opportunity

to

present all material made pertinent to such a motion by Rule


56 . " ) .

Accordingly , this Court orders the following :


1.

The Judicial Inquiry Commission ( " the Commission " )


is given until 5 : 00 p . m. on July 15 , 2016 , to file
(a) any brief and materials opposing the Chief
Justice ' s motion for a summary judgment and (b) any
other related motion , responsive pleading , or a
cross - motion seeking summary disposition of this
matter .

2.

The Chief Justice , should he elect to file a reply


or
other
responsive
pleading
to
any
filings
submitted by the Commission on or before July 15 ,
2016 , shall file such reply or other responsive
pleading by 5 : 00 p . m. on July 22 , 2016 .

3.

The Chief Justice ' s motion for a summary judgment ,


as well as any motion subsequently filed by the
Commission , shall be heard before the Court of the
Judiciary on August 8 , 2016 , at 1:30 p . m. in the
Al abama Supreme Court Courtroom , 300 Dexter Avenue ,
Montgomery , Alabama . Each party shall be allowed 30
minutes for argument at that hearing .

4.

Should any issue or issues remain after the Court


rules on the matters addressed at the August 8 ,
2016 , hearing , a final hearing , including a trial if
necessary , will be set .

Members of this Court have received an increasing number


of phone calls and emails about this case from members of the
public .

These points of contact have come primarily from

individuals expressing support for the Chief Justice . Although


this Court does not have reason to believe that the Chief
2

Justice

has

encouraged members

of

the

public

to

initiate

contact with this Court, the Court nevertheless encourages the


parties to in fact discourage such contact. Members of this
Court,

as the parties are well aware,

Canons of Judicial Ethics

are prohibited by the

from any public comment about a

pending proceeding in the Court of the Judiciary.


would remind the parties,

as well as the public,

The Court
that its

members serve without compensation, and the Court simply does


not

have

the

resources

to

respond

information by members of the public.

to

every

request

for

All publicly available

filings with this Court and orders of this Court are posted on
its website, typically within hours of filing.
ORDERED this 27th day of June, 2016.

CHIEF JUDGE
COURT OF THE JUDICIARY

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