Posted by Mobile County Circuit Judge Herman Thomas resigned yesterday. While he has recently been in the news for recent allegations that he paddled prisoners, he had long been in hot water for alleged ethics violations, had already been suspended and was facing an ethics trial.
Thomas’s resignation or removal from the bench has been a key component of the simmering story that Republican Ben Brooks of Mobile may leave his Senate District 35 seat to become a Circuit Court judge. Other key pieces are, of course, does Brooks want the position, and would Governor Riley appoint him?
Brooks has previously sought a Circuit Court judgeship. One legislator has told me that Brooks has not looked comfortable in the Senate, and could imagine that Brooks might prefer to be on the bench. On the other hand, Brooks was the only challenger to beat a Senate incumbent (Democrat Gary Tanner) in the general election, and Tanner would be a strong candidate to reclaim the seat. Riley would be reluctant to lose a Republican seat in a Senate where Democrats are close to claiming a 21-vote filibuster-proof caucus in the 35 member state Senate.
If Democrat Tom Butler leaves the Senate minority coalition caucus and joins the Democratic majority caucus in the Senate, the Democrats would have 21 votes without Senate District 35. If that were the case, Riley might be more amenable to appointing Brooks to the bench. Losing the 14th vote in the minority coalition caucus would not be nearly as painful as losing the 15th.
As for what happens next, Richard Johnson, administrative assistant in Mobile County Probate Court, said that a committee will select three names of candidates for Thomas’ replacement and submit them to Gov. Bob Riley, who will then appoint one of them.
The idea is that, IF Brooks wants the judgeship, any support he can muster on the committee along with that of local Democrats (seeking to create another shot at SD 35) may be enough for the committee to recommend Brooks’ name along with two other highly undesirable candidates so that Riley may name Brooks to the spot.
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[...] Doc’s Political Parlor Filed under Law and courts permalink :: no comments These icons link to social bookmarking sites where readers can share and discover new webpages. [...]
It would be a mistake for the Governor to appoint Ben Brooks to the judgeship. A special election will be bitterly fought along party lines. i would expect Gary Tanner to be the lone Democrat, and Republican Jim Barton and Spencer Collier to run as Republicans.
[...] Sources tell the Parlor that Sen. Ben Brooks (R – Mobile) is definitely interested in the Circuit Court judgeship vacated by Herman Thomas and doing what he can to secure the appointment. Obstacles stand between him and the position, though they may not be insurmountable. [...]
[...] If you are interested in the details of the process to fill a vacancy in the office of judge of the circuit court in Mobile County (pertinent to the previous posts saying Sen. Ben Brooks would like to be appointed to the spot), the relevant constitutional amendment can be found here. It’s constitutional amendment number 408 out of (so far) 799. [...]