Judge won't have sheriff probe Hubbard's ethics trial

Mike Hubbard, former Alabama Speaker of the House, waves before a hearing at the Lee County Justice Center in Opelika, Ala., on Friday, Sept. 2, 2016. (Albert Cesare//The Montgomery Advertiser via AP, Pool)

(Albert Cesare)

Lee County Circuit Judge Jacob Walker has denied Mike Hubbard's request for a new trial, and the former House speaker's lawyer said he's turning to the appeals courts.

Hubbard attorney Bill Baxley said the 60-day deadline for Walker to rule on the motion was the day after Labor Day.

"Under the law, if the court does not rule within 60 days, it's deemed to be automatically denied by law," Baxley said.

Baxley said he's working on an appeal to the Alabama Court of Criminal Appeals.

The news that the motion for the new trial was denied was first reported by Alabama Political Reporter.

A Lee County jury convicted Hubbard of 12 felony ethics charges on June 10.

Walker sentenced the former speaker to four years in prison and fined him $210,000.

Hubbard is out on bond and maintains his innocence.

"We're moving along and we feel supremely confident that Mike will be vindicated after the appeal," Baxley said.

The jury convicted Hubbard of using his office for personal gain through consulting contracts and by soliciting business investments from executives who employ lobbyists.

Hubbard was also found guilty of voting for legislation that would have uniquely benefited a business client, using state resources to help a client and lobbying state agencies for a client.

Baxley said there is a 42-day window to file the appeal that began when the 60-day deadline expired.

Mike Lewis, spokesman for Attorney General Luther Strange, said there would be no comment from the attorney general's office.