Brian Lyman

Montgomery Advertiser

A special Supreme Court Wednesday upheld Alabama Chief Justice Roy Moore's suspension from his position for the remainder of his term.

The court – convened in the fall after the Alabama Supreme Court recused itself – said in a unanimous 66-page opinion that it found nothing to justify overturning the sentence, imposed after Moore last year ordered probate judges to not issue marriage licenses to same-sex couples.

Moore, speaking at a press conference early Wednesday afternoon, remained defiant, saying "I remain chief justice" and insisted the punishment was out of proportion to what he did.

"This was a politically motivated prosecution from the very beginning, from the Southern Poverty Law Center, the Judicial Inquiry Commission, with certain transgender and homosexual groups to remove me from public office because of my stand on same-sex marriage," Moore said.

But on another closely-watched matter – whether Moore will enter this year's U.S. Senate race or next year's state elections – Moore was mum, saying only he would discuss his plans next week.

Richard Cohen, president of SPLC – which filed numerous ethical complaints against Moore – said in a phone interview Wednesday that Moore's punishment was "richly deserved."

"Roy Moore’s violation of the Canons of Judicial Ethics was clear and egregious," Cohen said. He got exactly what he deserved. He never was able to separate his religious beliefs from his judicial duties."

The Court of the Judiciary in September suspended Moore for the remainder of his term, about ten months after the chief justice sent an order to the state's probate judges telling them they had a "ministerial duty" to not issue marriage licenses to same-sex couples. The order -- largely ignored -- flew in the face of the U.S. Supreme Court's 2015 ruling in Obergefell v. Hodges, which struck down state bans on same-sex marriage.

Moore and his defense attorneys argued the chief justice aimed to remind the probate judges that a lawsuit against same-sex marriage was still pending before the Alabama Supreme Court, and said he was trying to address confusion. But the U.S. 11th Circuit Court of Appeals had already vacated that order the year previous, and the Court of the Judiciary noted that Moore's order said that it was, in fact, an order..

"A judge does not issue a 'status update' that 'orders and directs' that a law remain in effect," the opinion of the court said. "Rather, a judge 'orders and directs' individuals to do something: in this instance, to comply with a law that is in 'full force and effect.'"

The chief justice appealed the ruling last fall, requiring the creation of a special Supreme Court to hear the appeal. Wednesday the court ruled that Moore failed to prove his case.

"Because we have previously determined that the charges were proven by clear and convincing evidence and there is no indication that the sanction imposed was plainly and palpably wrong, manifestly unjust, or without supporting evidence, we shall not disturb the sanction imposed," the court wrote in an opinion.

The release of the opinion -- within an hour before Moore's press conference -- appeared to catch Moore's camp off-guard Wednesday. Repeating earlier criticisms of the Court of the Judiciary's sentence, Moore called the sentence "illegal, and against the will of the people." Aides and allies who spoke with him accused the Judicial Inquiry Commission, which filed the first charges against Moore last May, leading to his suspension, and the Court of the Judiciary of political motivations, or worse reasons. Rich Hobson, a longtime Moore aide, said there was "no good reason for the delay" of the opinion.

"The delay appears to be more corruption," he said. "The decision reeks of corruption. At a time when Alabama is drawing national attention in the executive branch and the legislative branch, it is tragic to think the judicial branch is infected as well."

Moore's downfall was part of a broader leadership crisis that gripped the state over the last two-and-a-half years. A jury convicted House Speaker Mike Hubbard, R-Auburn, of 12 felony ethics charges last June, leading to his removal from office. Gov. Robert Bentley pleaded guilty to campaign finance violations last week and resigned.

But unlike Hubbard and Bentley, Moore was never charged with breaking the law. The chief justice -- who cannot run for judicial office again due to age limits -- retains a devoted following within the Republican Party. When Bentley surveyed Alabama Republican Executive Committee members for their preferred picks for a U.S. Senate appointment, Moore landed near the top of the list and won an interview for the position, which Bentley eventually gave to Alabama Attorney General Luther Strange.

Moore has hinted he will seek election to some office in 2018. The chief justice sought the Republican nomination for governor in 2006 and 2010, but finished a distant second in the first race and fourth in 2010.

Lyn Stuart has served as acting chief justice during Moore's suspension. No Alabama chief justice has finished a full six years in office in 21 years.