According to his attorney, ex-Circuit Judge Herman Thomas was contacted by the Alabama State Bar in February, although he has not been contacted again by the regulatory association for attorneys.
“We were contacted back in February sometime and haven’t heard anything more since then,” said attorney Bob Clark, who represents Thomas.
Clark stressed that no one from the bar association has talked with Thomas since February.
Tony McClain, general counsel for the Alabama Bar, said he could neither confirm nor deny any pending investigation into Thomas, citing the association’s guidelines.
Thomas is currently practicing law with the Brandyburg Firm in Mobile. He resigned his position as a Mobile County Circuit Judge just over two years ago in the midst of an investigation by the Alabama Judicial Inquiries Commission into allegations he had paddled inmates and surreptitiously moved cases from other judges’ dockets during his time on the bench. Since leaving the bench, Thomas has also faced claims from former inmates who say the ex-judge coerced sexual activities from them and also engaged in drug activity.
Mobile County District Attorney John Tyson recently admitted in an article in another publication that his office is indeed investigating Thomas. Tyson did not return multiple calls from this publication over the past two weeks.
In other news related to Thomas’ case, sitting Circuit Judge Joseph “Rusty” Johnston issued an order barring his former colleague from appearing in Johnston’s courtroom as of March 6. Johnston made note of allegations of sexual and ethical misconduct against Thomas for banishing him — primarily for allegedly using his office to threaten or intimidate prisoners into having sexual relations with him.
Clark has appealed Johnston’s order to the Alabama Supreme Court asking it to set aside the ban because it “cites allegations, innuendoes and rumors.”
In the order, Johnston also put a disc on file with Circuit Clerk JoJo Schwarzauer that was only to be listened to by Thomas or his attorney. According to Johnston’s order, the disc contained “the interviews of three criminal defendants who were subjected to sexual abuse by Thomas.”
Clark said Thomas did not go to listen to the discs, but he did.
“I thought it more appropriate his lawyer listen to them,” he said.
His assessment of the interviews was rather blunt.
“Can you spell bullshit?” Clark said. “Hey look it’s the same old hash that’s been in the paper or somewhere, all the stuff I know about. I didn’t glean anything new from what I listened to and read.”
There was one small fly in the ointment. Apparently when Clark originally went to listen to the discs, they were gone.
“When Tyson found out about the order and that the clerk had them, he subpoenaed the clerk. When we got over there, JoJo told us Tyson had the tapes,” Clark said. A second disc had to be provided.