Johnson said he asked Circuit Judge Bert Rice to continue the case until it can be determined if Phillips is the probate judge or not.
In June, Phillips was indicted by a Covington County grand jury on six charges, including the theft of $1.8 million and felony ethics charges for using her official position for personal gain. Alabama law does not allow an indicted judge to serve on the bench, so a temporary special judge has been appointed to the probate office.
Johnson said: "My client is not sued personally, but in her capacity as probate judge, I don't see how any action she could take would be binding because she is not at this point the judge."
Rice was assigned to hear the case after local judges recused themselves from the suit.
Johnson said if the motion is denied, he is withdrawing from the case.
Full Article and Source:
Attorney asks Phillips' lawsuit be continued
Petition to Reopen Estate
Judge Arrested on Ethics Charges