COURT OF THE JUDICIARY NO. 46 IN THE ALABAMA COURT OF THE JUDICIARY IN TilE MA ITER OF ROY S. MOORE, CHIEF JUSTICE OF THE SUPREME COURT OF ALABAMA ON A COMPLAINT BY THE ALABAMA JUDICIAL INQUIRY COMMISSION THE JUDICIAL INQUIRY COMMISSION'S CROSS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO CHIEF JUSTICE ROY MOORE'S MOTION FOR SUMMARY JUDGMENT Of Counsel: John L. Carroll (CAR036) Rosa Hamlett Davis (DAV043) Alabama Judicial Inquiry Commission P.O. Box 303400 Montgomery, AL 36130-3400 401 Adams A venue Montgomery, AL 36104 j ic@j ic.alabama.gov [email protected] 334 242- 4089 R. Ashby Pate (PAT077) ASB-3130-E64P [email protected] LIGHTFOOT, FRANKLIN & WHITE, L.L.C. The Clark Building 400 North 20th Street Birmingham, Alabama 35203-3200 205 581-0700 ATTORNEYS FOR THE JUDICIAL INQUIRY COMMISSION COURT OF THE JUDICIARY NO. 46 IN THE ALABAMA COURT OF THE JUDICIARY IN THE MATTER OF ROY S. MOORE, CHIEF JUSTICE OF THE SUPREME COURT OF ALABAMA ON A COMPLAINT BY THE ALABAMA JUDICIAL INQUIRY COMMISSION EXHIBITS The Judicial Inquiry Commission hereby incorporates by reference Exhibits A – Q, which are listed below and which were previously attached to the Commission’s May 6, 2016 Complaint, as exhibits in support of its Cross Motion for Summary Judgment And Opposition To Chief Justice Roy Moore’s Motion For Summary Judgment. Exhibits R – U, which are also listed below but which were not previously attached to the Commission’s May 6, 2016 Complaint, are attached hereto in support of its Cross Motion For Summary Judgment And Opposition To Chief Justice Roy Moore’s Motion For Summary Judgment. (Exhibits Attached to May 6, 2016 Complaint: incorporated by reference hereto) A. Administrative Order of January 6, 2016 B. In the Matter of Roy S. Moore, Chief Justice of Alabama, COJ #33 (Nov. 13, 2003) C. Moore v. Judicial Inquiry Commission, 891 So. 2d 848 (Ala. 2004) D. Searcy v. Strange, 81 F. Supp. 3d 1285 (S.D. Ala. 2015) E. Strawser v. Strange, (Unpublished Order, Jan. 26, 2015) F. January 27, 2015 Letter from Chief Justice Moore to Governor Robert Bentley G. Searcy v. Strange (Unpublished Order, Jan. 28, 2015) H. February 3, 2015 Letter from Chief Justice Moore to All Probate Judges of Alabama, with a Memorandum from Chief Justice Moore on “Sanctity of Marriage ruling" I. Administrative Order of February 8, 2015 J. Strawser v. Strange, 44 F. Supp. 3d 1206 (S.D. Ala. 2015) K. Ex parte State ex rel. Alabama Policy Institute, [Ms. 1140460, March 3, 2015] ___So. 3d ___ (Ala.2015) L. Strawser v. Strange, 307 F.R.D. 604 (S.D. Ala. 2015) M. Strawser v. Strange, 105 F. Supp. 3d 1323 (S.D. Ala. 2015) N. Obergefell v. Hodges, 135 S. Ct. 2584 (2015) O. Strawser v. Strange, (Unpublished Order, July 1, 2015) P. Strawser v. Strange (No. 15-12508-CC, Oct. 20, 2015 (11th Cir. 2015) Q. Ex parte State ex rel. Alabama Policy Institute, [Ms. 1140460, March 4, 2016] __So. 3d ___ (Ala. 2016) (Exhibits Attached Hereto) R. Ex parte State ex rel. Alabama Policy Institute, [Ms. 1140460, March 10, 2015] ___So. 3d ___ (Ala.2015) (March 10, 2015 Order) S. Mat Staver, Alabama Chief Justice Says Judges Must Uphold Sanctity of Marriage Amendment (Liberty Counsel), LIBERTY COUNS. (Jan. 6, 2016) T. January 25, 2013 Administrative Order of Chief Justice Roy S. Moore U. Excerpts from April 7, 2016 Testimony of Chief Justice Roy S. Moore before the Judicial Inquiry Commission 1 1 APPEARANCE OF CHIEF JUSTICE ROY MOORE 2 BEFORE THE JUDICIAL INQUIRY COMMISSION 3 THURSDAY, APRIL 7, 2016 4 * * * * * * * * * * * * 5 JIC: Let the record reflect that 6 we have the pleasure of having Chief 7 Justice Roy Moore here with us today 8 accompanied by his -- I guess his legal 9 advisor, legal counselor, Martin 10 Wishnatsky? 11 MR. WISHNATSKY: Wishnatsky. 12 JIC: Okay. And you're his legal 13 counsel or -- 14 MR. WISHNATSKY: A staff attorney. 15 JIC: Staff attorney. All right. 16 Chief, we appreciate you coming 17 today. I know you have a busy schedule, 18 and we appreciate your working us in today. 19 I'm (redacted). I'm the Chairman of the 20 Commission. And I'll go around the table, 21 starting to my right, and have each member 22 of the Commission and the other individuals 23 introduce themselves. DUNN, KING & ASSOCIATES Montgomery, Alabama (334) 263-0261 or (800) 359-8001 .