87 So. 3d 535
Ala.2012Background
- Steensland retired from the district bench May 7, 2010 while a JIC investigation was pending.
- JIC filed Dec 14, 2010 charging violations of Canons of Judicial Ethics in 7 counts across 4 complainants.
- COJ held trial and issued final judgment Dec 14, 2010 publicly censuring Steensland and barring future judicial service.
- Steensland argues COJ lacked jurisdiction and that pre-2009 conduct was barred by condonation.
- Court holds JIC/COJ have jurisdiction despite retirement; condonation issues addressed but not grounds to reverse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retirement negates JIC/COJ jurisdiction | Steensland: no jurisdiction post-retirement | JIC/COJ: jurisdiction attaches when complaint filed; retirement does not end it | JIC/COJ retain jurisdiction despite retirement |
| Whether pre-2009 conduct can be used as pattern and practice evidence under condonation | Steensland: pre-2009 acts should be excluded | JIC: pattern evidence admissible; some error invited | Any error was invited; does not require reversal; COJ affirmed |
Key Cases Cited
- Johnson v. Board of Control of Employees’ Retirement System, 740 So.2d 999 (Ala.1999) (jurisdictional limits on inactive retirement status)
- Ex parte Alabama State Bar, 3 So.3d 178 (Ala.2008) (incumbent judges' disciplinary jurisdiction limitations)
- In re Peoples, 296 N.C. 109, 250 S.E.2d 890 (N.C.1978) (jurisdiction persists after initial attachment)
- In re Marriage of Clark, 232 Ill.App.3d 342, 173 Ill.Dec. 532, 597 N.E.2d 240 (Ill.App.1992) (jurisdictional continuation despite related proceedings)
- In re Fuyat, 578 A.2d 1387 (R.I.1990) (administrative proceedings over judges)
- White Sands Group, L.L.C. v. PRS II, LLC, 998 So.2d 1042 (Ala.2008) (invited error principle in appellate review)