The Alabama Court of the Judiciary met Monday afternoon for a hearing to consider motions that could decide whether suspended Alabama Supreme Court Chief Justice Roy Moore stays on the bench or is booted off for a second time in his career.

The Court of the Judiciary (COJ) heard arguments from Moore's lawyers and attorneys for the Judicial Inquiry Commission (JIC), who are prosecuting Moore on ethics charges, regarding motions by both sides.

Moore is asking the court to dismiss the ethics charges filed against him. The JIC is asking the court to go ahead and decided now, rather than having a full-fledged trial later, to remove Moore from office for violation of canons of ethics.

AL.com will provide live updates from today's hearing:

Human Rights Campaign response to Roy Moore. Posted by John Archibald on Monday, August 8, 2016

Pastor is yelling after the HRC Alabama press conference, comparing homosexuality to pedophilia. #alpolitics — Brian Lyman (@lyman_brian) August 8, 2016

Eva Kendrick of HRC Alabama now speaking. #alpolitics pic.twitter.com/p8bcitXMLe — Brian Lyman (@lyman_brian) August 8, 2016

LIVE VIDEO: Roy Moore's attorney speaking after his hearing: https://t.co/3zGix4efUY — AL.com (@aldotcom) August 8, 2016

2:47 p.m. The JIC is deciding whether to side with Moore's attorneys, who want the charges dismissed, or to move forward and remove him from office. AL.com's Kent Faulk said either decision come in a matter of days.

2:40 p.m. Moore is expected to speak to reporters. John Archibald will have a Facebook Live video.

That's it. Looks for all the world like we'll see a short, one-day trial for Moore in September. — John Archibald (@JohnArchibald) August 8, 2016

Seems to indicate the trial will be held in September.But not official yet. — John Archibald (@JohnArchibald) August 8, 2016

2:32 p.m. It appears no decision will be made about Moore's fate today.

2:27 p.m. More photos from protests outside the court:

Staver: jic wants to focus on Moore's 2003 removal because they can't back up current charges. — John Archibald (@JohnArchibald) August 8, 2016

2:22 p.m. From The Associated Press: "An attorney for Alabama's suspended chief justice, Roy Moore, has concluded his opening presentation before the Court of the Judiciary.

"He says Moore never told anyone to disobey the U.S. Supreme Court ruling on same-sex marriage. And he says Moore has done nothing to warrant a misconduct conviction.

"Former federal magistrate John Carroll says this defense argument "defies common sense."

"Carroll is representing state judicial investigators who filed charges against Moore. He's recalled that Moore was removed from office in 2003 for defying a federal court order on the Ten Commandments, and he said Moore is again defying federal courts with his opposition to gay weddings."

Staver is back: Says jic is offensive when it says Moore equated judges to nazis. — John Archibald (@JohnArchibald) August 8, 2016

Carroll, we take no joy in the case we bring before this court, but must ask that Moore be removed. — WSFA 12 News (@wsfa12news) August 8, 2016

Carroll: Moore used his office to promote his private agenda. Which is not appropriate for the Chief Justice. — John Archibald (@JohnArchibald) August 8, 2016

Carroll says court needs to use reason and common sense. A federal court injunction has to be obeyed. — John Archibald (@JohnArchibald) August 8, 2016

John Carroll -- prosecuting Moore -- says this is not about merits of gay marriage, but about RM repeatedly ignoring law. — John Archibald (@JohnArchibald) August 8, 2016

Staver says charges against Moore are "completely rebutted" and JIC is wrong on the facts. — John Archibald (@JohnArchibald) August 8, 2016

1:53 p.m. Here is AL.com journalists Mike Cason and Julie Bennett's report on pre-hearing protests outside the court:

Staver says Moore was upfront with probate judges, saying he had no ability to advise (while saying abide by Alabama law) — John Archibald (@JohnArchibald) August 8, 2016

Staver: JIC wants you to think Moore ordered probate judges to disobey court, but Moore's action "did not change a thing." — John Archibald (@JohnArchibald) August 8, 2016

Mat Staver talks in large concepts that are hard to tweet. I apologize. He is arguing law and chronology. — John Archibald (@JohnArchibald) August 8, 2016

Roy Moore lawyer Matt Staver says there is no need for a trial. Ready to be decided. — John Archibald (@JohnArchibald) August 8, 2016

Judge Roy Moore gets a standing ovation from the gallery full of his supporters. #cbs42 pic.twitter.com/PeonLnrb9E — 📺's Michael Oder (@TVsMichaelOder) August 8, 2016

1:31 p.m. The court is now in session.

I will be watching Roy Moore hearing from tweet-friendly overflow room filled with interested parties on both sides. pic.twitter.com/1Ydwt1u4MR — John Archibald (@JohnArchibald) August 8, 2016

Moore will now sit, defending himself in the very court room he usually is in charge of. — Alabama Politics (@AlabamaPolitics) August 8, 2016

1:15 p.m. Moore enters the court to applause, AL.com's Kent Faulk reports.

I'm inside the Alabama Supreme Court courtroom. I'll be limited to what I can post from inside. #cbs42 pic.twitter.com/hk961DYiLJ — 📺's Michael Oder (@TVsMichaelOder) August 8, 2016

Moore hearing is expected to last about an hour. — Jon Paepcke (@JonWVTM13) August 8, 2016

Crowd us filling up inside the Alabama Supreme Court courtroom. #cbs42 pic.twitter.com/nbrgB7OKFV — 📺's Michael Oder (@TVsMichaelOder) August 8, 2016

Drag queen Ambrosia Starling at state judicial building to oppose Roy Moore.#alpolitics pic.twitter.com/aUPsuu9yWY — Mike Cason (@MikeCasonAL) August 8, 2016

12:47 p.m. From The Associated Press: "A few dozen supporters of Alabama Chief Justice Roy Moore have gathered outside the state's judicial building, hours before a hearing on misconduct charges that could lead to his removal from office.

"The demonstrators have set up a sound system to amplify Christian music across downtown Montgomery.

"Some are carrying signs saying "Judge Moore is Right" and "Sodomy Ruins Nations." One man is waving a Christian flag with a red cross on it."

Young says transgender started complaint " are we going to let them over turn the will of the voters of this state" pic.twitter.com/CBtEz5Hqho — Alan Collins (@fox6alancollins) August 8, 2016

Starting a press conference with former congressional candidate Dean Young. #alpolitics pic.twitter.com/GSLdSeVXys — Brian Lyman (@lyman_brian) August 8, 2016

12:28 p.m. Moore's supporters and opponents are rallying outside of the court.

Roy Moore's hearing about to get underway. And it's about to get real. pic.twitter.com/9PSeeJB0ve — John Archibald (@JohnArchibald) August 8, 2016

Supporters of Roy Moore at state judicial building. Hearing at 1:30 today. #alpolitics pic.twitter.com/xAYBgJ4Arp — Mike Cason (@MikeCasonAL) August 8, 2016

Original article continues below:

The hearing is set for 1:30 p.m. Monday in the Alabama Supreme Court Courtroom on Dexter Avenue in Montgomery.

Gay rights advocates and counter protestors who support Moore are both expected to be outside the building before the hearing begins.

Possible outcome

The court could decide to grant summary judgment in favor of Moore and dismiss the charges against him. The JIC is also asking that the COJ grant its motion for summary judgment and remove Moore from the bench immediately.

But if the COJ denies Moore's motion to dismiss, the other and more likely scenario is that the COJ would then have a full-fledged trial, which the court tentatively set for Sept. 28. Michael Joiner, chief judge of the COJ, anticipating the possible need for a trial asked that the parties be prepared to hold a pre-trial hearing following Monday's arguments.

"While the Court will give full consideration to all issues raised in the summary-judgment motions, to avoid requiring the parties and counsel to reappear and the Court to reconvene on a later occasion, a pretrial hearing will be held at the conclusion of the oral arguments on August 8 in the event a hearing is required following the Court's disposition of the summary-judgment motions ," Joiner stated.

Six charges:

The JIC on May 6 filed six charges against Moore, all surrounding his Jan. 6 administrative order to state probate judges stating that an Alabama Supreme Court order telling them not to issue same-sex marriage licenses had not been rescinded despite the U.S. Supreme Court ruling that same-sex marriage was legal.

Among the charges, the JIC alleges Moore violated the canons of judicial ethics "by willfully issuing his administrative order of January 6, 2016 in which he directed or appeared to direct all Alabama probate judges to follow Alabama's marriage laws, completely disregarding a federal court injunction when he knew or should have known every Alabama probate judge was enjoined from using or any Alabama Supreme Court order to deny marriage licenses to same-sex couples."

The arguments

Mat Staver, founder of Liberty Counsel and one of Moore's attorneys, said last week that there is no foundation for the charges and the JIC is trying to interpret a judge's disputed ruling. "The JIC has no business getting involved in legal disputes," he said.

Moore made a true statement to probate judges in his order that the Alabama Supreme Court had not rescinded its order against the issuance of marriage licenses, Staver said. If Moore is removed for a "legal truism" then every judge in the state should be removed, he said.

Staver said he believes the issue should be decided - in Moore's favor - based on the arguments on Monday.

"There is no need for us to have a trial because it is a simple case that focuses on a 3-1/2 to 4 page (Jan. 6) order," Staver said. "There are no facts to uncover."

Moore stated in his order that he could not provide guidance to the probate judges because the matter was pending before the Alabama Supreme Court, Staver has stated.

The JIC, however, has stated in court filings that Moore's Jan. 6 order and his conduct surrounding it "has once again created an atmosphere in which Alabama's subordinate judges - and by extension, the public itself - have been encouraged to show disregard for a binding federal injunctions and clear federal law."

"It also represents a blatant abuse of his (Moore's) administrative authority, one which placed his impartiality into question on a matter pending before the entire Alabama Supreme Court," the JIC has stated. "These actions alone and taken in concert violate the Alabama Canons of Judicial Ethics."

The JIC also states that Moore has never expressed remorse for the impact of his actions on the state's judicial system, but rather has continued to engage in "systematic gamesmanship" to convince the COJ that he never advised defiance of the federal courts. "But Moore's attorney with Liberty Counsel, has mounted an aggressive public relations campaign about "standing up to the federal judiciary," the JIC has stated.

Players

John Carroll, professor and former dean of the Cumberland School of Law, Rosa Davis, an attorney for the JIC, and Ashby Pate, an attorney with the Birmingham firm of Lightfoot Franklin, are prosecuting the case for JIC against Moore.

Staver and Horatio G. Mihet , with the Florida-based Liberty Counsel, and Phillip L. Jauregui, with the Judicial Action Group, represent Moore.

The COJ which will decide the fate of Moore is made up of nine judges, lawyers and lay people. The Chief Judge is J. Michael Joiner, who is a judge on the Alabama Court of Criminal Appeals. The others are: James W. Woodroof, Jr., circuit judge Limestone County; Laura Petro, circuit judge Jefferson County; Jeffrey T. Brock, district court judge in Conecuh County; W.N . Watson, a Fort Payne attorney; S. Dagnal Rowe, Sr., attorney in Huntsville; L. Gwaltney McCollum, Jr., of Jasper; Lucinda Samford Cannon, of Opelika; and Daryl O. Perkins, of Birmingham.

History

This isn't Moore's first time before the COJ.

In 2003 the COJ removed Moore, who at the time also was chief justice, from the bench for failing to heed a federal judge's order to remove the Ten Commandments monument from the Supreme Court building. Moore was re-elected as chief justice in 2012.

Side issues since the charges were brought

Besides the salvos of legal arguments between Moore and the JIC, there also have been a number of side issues, including:

Drag queen

After the charges were filed, Moore said Ambrosia Starling, "a professed transvestite" and "other gay, lesbian and bisexual individuals, as well as organizations that support their agenda," are behind the efforts to have him removed from office. Starling had spoken at an anti-Moore rally earlier in the year.

"Every bully always picks on the weakest kid in the room, and he thought that was going to be the drag queen," Starling has said. "A lot of people make that mistake."

Federal lawsuit

After the JIC filed the charges Moore filed a federal lawsuit challenging the provision in Alabama law that says judges are automatically suspended with pay while their charges are pending.

Moore challenged in the lawsuit the constitutionality of the automatic suspension. But on Thursday U.S. District Court Judge W. Harold Albritton in Montgomery dismissed the lawsuit. Albritton stated in his 19-page memorandum and opinion that a federal judge should not interfere in on-going state court proceedings.

JIC prosecutor

Liberty Counsel's Staver on May 26 called the hiring by JIC of former Cumberland School of Law Dean John Carroll as one of the prosecutors in the case a "brazen move" to prosecute "politically motivated" charges. He said that Carroll was once the legal director of the Southern Poverty Law Center (more than 30 years before), the same group that filed the complaints against Moore.

Carroll is a professor and former dean of the Cumberland School of Law in Birmingham. Carroll also served as interim director of the Alabama Ethics Commission prior to the current ethics commission director. Prior to coming to the law school, he served 14 years as a U.S. Magistrate Judge based in Montgomery. He also is a former professor at Mercer University. Before that, he was legal director of the Southern Poverty Law Center.

Prior to his legal career Carroll served in the U.S. Marine Corps in Vietnam as a flight officer on over 200 combat missions.

Court of the Judiciary recusal

On July 20 John V. Denson, II, an Opelika attorney who is one of nine Court of the Judiciary judges, recused himself from the case to avoid the appearance of impropriety because he is the only member who also served on a previous case before the Court of the Judiciary when it removed Roy Moore the first time from his job as chief justice on Nov. 13, 2003.

W.N . Watson, a Fort Payne attorney, was appointed to replace Denson.

Alabama Supreme Court memos

Mike Joiner, a judge on the Alabama Court of Criminal Appeals and chief judge of the COJ, this week said that the JIC can't get un-redacted memos Moore had sent his fellow justices last fall in the lead-up to the Jan. 6 memo to probate judges that became the focus of the JIC's charges.

In a filing last week to the COJ Moore explained what was happening in the months before he issued his January order. He also included excerpts from the memos he had sent to fellow justices in September and October of last year urging them to act - one way or another - on whether they thought their previous orders telling probate judges not to issue marriage licenses (prior to the U.S. Supreme Court ruling) were still in place.

The JIC wanted to see un-redacted copies of the memos and Moore refused, saying the redacted portions were not relevant. Joiner agreed.