Sanctity of Marriage Alabama has filed a much needed ethics complaint with the Judicial Inquiry Commission against acting Chief Justice Lyn Stuart.
The complaint outlines how acting Chief Justice Lyn Stuart has repeatedly failed to avoid impropriety or the appearance of impropriety, failed to perform the duties of her office impartially, failed to avoid conduct prejudicial to the administration of justice that brings the judicial office into disrepute, and failed to conduct herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
Justice Stuart played a part in a sealed case regarding Chief Justice Moore, has repeatedly, prematurely, and boldly inserted her judgment for that of courts over which she should have no sway, and even now, refuses to disqualify herself from the process of Chief Justice Moore’s appeal. The sealed case was Moore v. Judicial Inquiry Commission, which means that the JIC is already aware of the ethical violations of Justice Lyn Stuart. The hope is that they have not become so politically motivated as to cover such flagrant violations of the Canons that they are supposed to uphold.
If Justice Lyn Stuart were to don her innocent mask and recuse from the more publicized aspects of Chief Justice Roy Moore’s appeal (e.g. sitting on the special court), the validity of our complaint would be written in stone: her recusal or non-recusal is based on politics, public clamor, or appearances (see Canon 3A) as she has already failed to recuse in the sealed case, has already made her judgment on the appeal known, and has failed to disqualify herself from the process thus far.
When the actions of acting Chief Justice Lyn Stuart are independently analyzed, there is no doubt that Chief Justice Moore cannot have the fair appeal any Alabama citizen deserves. With a judge who flouts ethics in such a fashion at the helm of the Alabama court system, the people have reason to be concerned about the proper administration of justice throughout the State.
Any citizen may file a complaint against Justice Stuart with the JIC and should do so if they find her actions egregious. Any judge should and must report potential violations of judicial ethics of which the judge has a personal knowledge (Canon 3B), and members of the Alabama Supreme Court must object to Justice Stuart’s unethical dealings in the case of Roy S. Moore.
See the complaint here.