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.
Full Article & Source:
Former Autauga probate judge Al Booth pleads guilty to ethics charge, gets community service
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