Sunday, November 10, 2019

Former Autauga probate judge Al Booth pleads guilty to ethics charge, gets community service

PRATTVILLE — Former Autauga County Probate Judge Al Booth pleaded guilty to misdemeanor ethics charges Monday morning.

Booth pleaded guilty to one count of theft of services, court records show. He was initially indicted on four theft of services charges, but three of those charges were dropped as part of the plea agreement.

Circuit Judge Ben Fuller suspended any jail time and gave Booth 40 hours community service and was told to paid $1,676 in restitution to Autauga County. Booth was placed on supervised probation for two years, said Brad Ekdahl, his attorney. After Booth completes his community service and pays restitution, the probation becomes unsupervised, Ekdahl said.

“There was certainly never any intent to defraud the people of Autauga County,” Ekdahl said. “The process had to be allowed to play out. Judge Booth and his family are glad to get this behind them and are moving forward.”

The only witness to appear before the grand jury was an investigator with the Alabama Ethics commission. Theft of services is a Class A misdemeanor with a maximum punishment of a year in the county jail. Booth, 75, was facing felony ethics violations, but the grand jury indicted him on misdemeanor charges.

On four occasions Booth appointed his son, Alfred B. Booth also an attorney, to handle matters before the probate court when Al Booth was probate judge. The younger Booth goes by Brannon. The money paid to Brannon Booth did not exceed $500 on each individual appointment, the indictment reads.

Booth served 18 years as probate judge, retiring this year. State law does not allow judges to seek election or re-election to the post after they turn 70. Booth did make an unsuccessful bid for the House District 88 post in 2018. Al Booth serves as chairman of the Autauga County Republican Party.

The ethics commission determined in April that Booth violated the ethics law and forwarded to case to District Attorney Randall Houston’s office for review and possible legal action. An “intentional” violation of the state’s ethics law is a Class B felony, with a punishment range of two to 20 years in prison, the ethics commission website shows.

Houston recused himself from the case since Booth is a former elected official in his circuit. There was also the possibility that Houston may have been called before the grand jury as a witness.

The Shelby County District Attorney was appointed to handle the case.

Brannon Booth took an oath of office as "Special Judge of Probate" on Nov. 13, 2017, records at the probate office show. The oath was signed by Al Booth. Probate office records also show a motion filed July 17, 2017, where Brannon Booth submitted a bill to the probate office for $500 in a case where he was named guardian ad litem in a matter before the probate court.

The matter came out in open court during a misdemeanor harassment hearing on April 23, 2018 in Prattville Municipal Court. Al Booth had filed harassment charges against Keith Kuzma, after the two got into a shoving match at a GOP executive committee meeting in Prattville. Kuzma was found not guilty. Trey Norman represented Kuzma at the hearing.

Norman brought up Al Booth’s appointment of his son, Brannon Booth, as special counsel in Probate Court, while Al Booth was on the stand. Al Booth testified that he had appointed his son one time to handle a matter in probate court, where he was serving as judge.

“Did you consider the ethics laws and judicial canons before appointing your son?” Norman asked with an edge to his voice.

“That could be a problem,” Al Booth responded.

Houston was in the gallery during the trial.

On June 22, after the hearing, Brannon Booth filed a motion in Probate Court requesting he be withdrawn from the case, citing a " conflict of interest."

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Former Autauga probate judge Al Booth pleads guilty to ethics charge, gets community service

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