On Thursday, August 15, 2024, ABC News reported that an Alabama district judge was suspended for alleged neglect of his duties.

According to the report, Judge Stuart Smith presided over juvenile court cases in Dale County that often involved matters like child abuse and neglect. However, the Alabama Judicial Inquiry Commission filed a complaint alleging that Judge Smith was failing to adequately manage his docket and allowing some cases to languish without movement for years.

The commission’s investigation looked into hundreds of Judge Smith’s cases dating back to the start of his term in 2017. They found over 300 open cases on his docket when the probe began in May 2023. Two particular cases were highlighted in the complaint as examples of his delays.

In one case, the county department of human resources had sought custody of a 6-year-old child due to allegations of sexual abuse and drug use. However, Judge Smith waited 18 months before taking any action and never appointed a court-appointed special advocate for the child as required. In another case, a grandparent sought custody of an 8-month-old grandchild while noting the parent was unstable. But Judge Smith delayed over 18 months in issuing the necessary order allowing the case to proceed.

Alabama law mandates that judges review dependency cases within six months and transfer hearings within nine months, or expedite timelines under some circumstances. However, the complaint indicates Judge Smith only acted on the dates he was notified of the judicial investigation committee’s probe in both examples cited. The commission alleges this delay negatively impacted litigants, attorneys, families, foster caregivers and undermined public trust in the courts.

If an agreement is not reached, the Court of the Judiciary will hold a trial to determine if Judge Smith should be charged. He was preemptively suspended amid the allegations. The commission noted they do not comment on confidential proceedings but the eventual trial and all case filings will be public record.

 

 

Source: ABC News