Herman Thomas Awaits Decision

The Alabama Supreme Court could decide today whether to uphold an order from Mobile County Circuit Judge Joseph "Rusty" Johnston banning a former colleage from practicing law in his courtroom.

Judge Johnston issued the order March 9th saying former Circuit Court Judge Herman Thomas "used his office to threaten criminal defendants with jail time, penitentiary time and probation revocations if they did not engage in sexual acts wit him."

According to the document filed in the Mobile County Circuit Court, Johnston said the decision is intended to "maintain the order and dignity of the Court." Johnston referenced a disc containing interviews with three criminal defendants, who claim they were subjected to Thomas' alleged misconduct.

Thomas resigned from the bench in October 2007 amid allegations that he manipulated a jail sentence for his cousin, swapped cases on other judges dockets, and paddled prisoners from Mobile Metro Jail.

District Attorney John Tyson says his office, as well as several other agencies, which he would not name, continue to investigate Thomas' conduct during his tenure as a judge, though no charges have been filed.

Thomas' attorney, Robert Clark, filed an emergency petition with Alabama's Supreme Court asking the justices to overturn Judge Johnston's order. In the petition, Clark argues the order "cites allegations and innuendo and rumors," and he says Judge Thomas denies all allegations of impropriety.

The petition was mailed Wednesday and received by the Supreme Court on Thursday.

News Five attempted to reach Judge Johnston, but we were told he could not comment on a pending issue.