TALLADEGA COUNTY — Circuit Judge Tommy Dobson, who was stripped of his judicial authority by the chief justice of the Alabama Supreme Court during the investigation of irregularities in a referee program, will resume his duties after serving a two-month suspension.According to a prepared statement issued by Talladega County Presiding Circuit Judge Julian King, "On or about May 2, 2006, Judge Dobson is expected to re-assume his duties as a district judge in the Southern Division of Talladega County. Dobson will no longer be assigned to handle juvenile cases in this county. As the presiding circuit judge, I intend to assign him other cases and responsibilities in lieu of juvenile cases. Dobson has previously assured me that he will handle the cases assigned to him in an efficient and professional manner. I am relying on him to do so."
In a separate statement also issued Thursday afternoon, King said, "To those who have been directly or indirectly affected by past events in the juvenile court and Southern Division District Court of Talladega County, I offer an apology on behalf of the judiciary. I am relieved that this matter has been resolved by the Court of the Judiciary of Alabama. This unpleasant episode is now over and we can again fully concentrate on the future.
"I want to publicly thank Chief Justice Drayton Nabers Jr. of the Alabama Supreme Court for his invaluable leadership. He truly has the best interest of our county and state at heart. He is a fine person of great character and integrity. It is clear he has a deep-seated love and respect for our rule of law and the judiciary in this state. This county will forever be indebted to him for his actions in this matter," King continued. "I would also like to express my gratitude and appreciation to several other fine people who responded to the situation created by the events that came to light in June of last year. Randy Helms, administrative director of courts, Lynne Thrower, chief legal counsel for the courts, and their staff at the Administrative Office of Courts provide much needed professional support, guidance and wisdom. Senior Circuit Judge William Hereford of St. Clair County, Senior District Judge Gerald Topazi of Jefferson County, District Judge George Simpson of Clay County, District Judge George Sims of Talladega County, Circuit Judge William E. Hollingsworth III of Talladega County and Circuit Clerk Clarence Haynes of Talladega County have all given our citizens countless hours of judicial service in correcting past mistakes and maintaining our current district and juvenile court dockets. To these gentlemen, I wish to publicly thank them for their unselfishness. In addition, I want to thank the employees in the judicial system, county administrator Jim Hilber and our Talladega County Commission for their support and assistance."
King was especially thankful to three judges from other counties, who put in thousands of hours of work for almost negligible compensation.
"If they claimed, they could be reimbursed $0.445 per mile, and up to $11.25 for a 12-hour day or longer day. If they only work 6 to 12 hours, they get even less," he said. "If they work 6 hours or less on one day, they just get mileage."
Hereford and Topazi are both retired, King said. Simpson is still a sitting district judge in Clay County.
"We must look to the future and move the judicial system of Talladega County forward," King concluded in his second statement. "In looking forward, I am pleased for the citizens of Talladega County for the addition of a third circuit judge, which is so desperately needed. This new judgeship came about by the untiring work of our legislative delegation and will be elected this year to take office in January 2007. This new judgeship will allow us to better serve the public."
The complaint leading to Dobson’s suspension involved his appointment in October 2003 of attorney Jack Swinford as a referee in child support cases. State law allows Talladega County to appoint referees in some cases, but when Swinford’s contract was renewed in 2004, it included language allowing him to make rulings on Dobson’s behalf without any oversight from an elected judge.
In addition to issuing court orders, including seven arrests, in his own name, Swinford also failed to provide parties with written copies of his findings and did not inform the parties that, if any of them were unhappy with his ruling, they had the right to request a rehearing before Dobson.
Dobson’s failure to properly supervise his referee was deemed by the Judicial Inquiry Commission and the Court of the Judiciary to violate the state’s Cannon of Judicial Ethics.
The Court of the Judiciary approved a mediation agreement reached between Dobson and the JIC Wednesday. Dobson admitted to all of the allegations and agreed to except a two month suspension without pay and public censure.
In the meantime, Hereford was brought in to sort through the cases where Swinford had signed orders himself or other irregularities occurred.
Hereford said he had recently completed his review of the cases in question.
"I won’t say there might not be other instances where questions might arise from time to time, but we have reviewed more than 3,000 cases. We’re not officially out of business yet, but the job we came here to do is finished."
Hereford was very complimentary of the staff at Talladega’s Judicial Building. "They have just been the nicest people to work with. King, Haynes, and especially the ladies in the clerk’s office who handled all the files and paperwork are just outstanding. They made my job so easy, and that takes a real commitment."
Hereford added, "This is kind of a payback on my retirement. I feel I owe it to a system that has been so great to me. Now I get to prove how much I love it by doing it pretty much for free."
Topazi took over all of Dobson’s civil cases after he was relieved of his judicial authority. Simpson handled the district court criminal matters for the south end of the county, and Sims became the county’s juvenile court judge.
