In the Matter of Compliance with Writ of Injunction of the
Order No. 03-01
At a Special Conference of the Associate Justices of the Supreme Court of Alabama called for the purpose of considering the question whether to invoke Ala. Code 1975, § 12-5-20,' the following findings were made:
(2) At the time this monument was installed by the Chief Justice, there existed some cases holding that the display of the Ten Commandments on public property was not constitutionally impermissible in certain circumstances. Subsequent to the installation of the monument, some courts have upheld depictions of the Ten Commandments.
(13) The refusal of officers of this Court to obeya binding order of a federal court of competent jurisdiction would impair the authority and ability of all of the courts of this State to enforce their judgments.
Based on the foregoing findings, it is
ORDERED that, pursuant to the authority vested in this Court by 6.11 of Amendment 328 to the Constitution of Alabama of 1901, and by Ala. Code 1975, § 12-5-20, the administrative decision of the Chief Justice to disregard the writ of injunction of the United States District Court for the Middle District of Alabama be, and the same hereby is, COUNTERMANDED and, it is
FURTHER ORDERED that the Building Manager of the Alabama Judicial Building be, and the same hereby is, DIRECTED to take all steps necessary to comply with the injunction as soon as practicable.
Done this 21st day of August, 2003.
The order was signed by Gorman Houston, Jr, Harold See, Champ Lyons, Jr., Jean Williams Brown, Douglas Inge Johnstone, Robert B. Harwood, Jr., Thomas A. Woodall, Lyn Stuart, and Robert G. Eadale. Sr., as Clerk of the Supreme Court
'The justices of the Supreme Court shall have the power and authority to review, countermand, overrule, modify or amend any administrative decision either the Chief Justice or the Administrative Director of Courts. A majority of all the justices shall constitute a quorum for such purpose. The concurrence of a majority of all the justices shall be sufficient to determine the question of whether and how such decision shall be so reviewed, countermanded, overruled, modified or amended.