Professor Heather Elliott and Judge Joseph Colquitt are quoted in a Law.com story about recusal questions in the ethics case against former Alabama Chief Justice Roy Moore.
Elliott said that prior decisions by the justices don’t count against them. “If that’s the basis for the recusal motion, I don’t think that that’s valid for the standard for recusal under the law of Alabama,” she said.Colquitt, who is also a retired trial court judge, wouldn’t comment on the Moore case specifically—saying that if the judges do recuse, he could end up on the list of jurists asked to sit in their stead.But Colquitt said he interprets Alabama’s Judicial Ethics Canon as generally steering justices toward recusal if they are asked to rule on a colleague. “I think the rules actually suggest that it would be better that someone else hear the case,” Colquitt said. “It’s not only justice. It’s the appearance of justice.”