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As of March 6, ex-Circuit Court Judge Herman Thomas has been barred from practicing law in the courtroom of sitting Circuit Court Judge Joseph “Rusty” Johnston, Lagniappe has learned.

According to an order issued by Johnston and obtained by Lagniappe, Thomas is suspended from “appearing before Judge Joseph S. Johnston until further notice.” The order was issued under the “inherent power” the court possesses to maintain its order and dignity as granted by Section 34-3-87 of the Code of Alabama, which says an attorney may be removed or suspended by the Circuit Court for 1) it being shown to the court’s satisfaction that he has been guilty of deceit or willful misconduct in his profession; 2) For a willful disobedience or violation of the order of a court, requiring him to do or forbear an act connected with or in the course of his profession; 3) For a willful violation of any of the provisions of Section 34-3-20 or Section 34-3-24.

Johnston’s order maintains that Thomas violated the first provision of Section 34-3-20, which is to support the Constitution and laws of this state and the United States of America.

“Thomas violated the provisions of Section 34-3-20(1) Code of Alabama (1975) in that he used his office to threaten criminal defendants with jail time, penitentiary time and probation revocations if they did not engage in sexual acts with him,” Johnston’s order reads.

Thomas was suspended from his position two years ago during a Judicial Inquiries Commission investigation into allegations he paddled inmates and secretly had cases removed from the dockets of other circuit court judges and placed on his own. Thomas eventually resigned his position in October 2007, but has since faced no further legal ramifications for his actions and continues practicing law in Mobile.

In our last issue, Lagniappe told the story of attorney Joe Kulakowsi who for most of the past two years has collected interviews with numerous individuals who claim Thomas used his position as judge to coerce them for sexual activity, or would punish them for denying such activity. Kulakowski’s investigation also uncovered individuals who claim Thomas engaged them in illegal drug trade and actively used his office to protect drug dealers working with him.

Johnston’s order maintains that Thomas’ actions are a violation of the Alabama Criminal Law, Section 14-11-31, which provides: (a) It shall be unlawful for any employee to engage in sexual conduct with a person who is in the custody of the Department of Corrections, the Department of Youth Services, a sheriff, a county, or a municipality. (b) (b) It shall be unlawful for any probation or parole officer to engage in sexual conduct with a person who is under the supervisory, disciplinary, or custodial authority of the officer engaging in the sexual conduct with the person. (c) (c) Any person violating subsection (a) or (b) shall, upon conviction, be guilty of custodial sexual misconduct.

The law also defines such misconduct as a Class C felony and says the consent of the person in custody cannot be used as a defense against prosecution.

Johnston also says in the order he has attached, under seal, a disc containing the interviews of three criminal defendants who were subjected to sexual abuse by Thomas.

“The envelope containing this disc may be opened and listened to by Herman Y. Thomas ONLY and shall not be removed from the Circuit Clerk’s office,” the order states.

Johnston was not available for comment on this article before publication.