Attorneys in Alabama Speaker Mike Hubbard’s ethics trial have been gagged.
Judge Jacob A. Walker issued a gag order during a hearing at the Lee County Justice Center on Friday, Jan. 8.
The gag order came after the law firm of White Arnold & Dowd filed a motion to withdraw as Hubbard’s attorneys.
Walker granted the motion to allow the firm to withdraw, but the filing of the motion led him to issue the gag order.
The motion was filed under seal, and although Walker lifted the seal, prosecutor Matt Hart sent the document to Bill Britt with the Alabama Political Reporter before the seal was lifted, according to a report by AL.com.
Walker said attorneys are banned from speaking to the media at any point for the remainder of the case.
“I’m not saying this trial will be continued, but one reason trials end up getting continued is pretrial publicity,” Walker said.
Before the order was issued, Mark White and Augusta Dowd asked the judge to grant the motion without getting into specifics on why they could no longer represent Hubbard in open court.
Hubbard had paid White Arnold & Dowd approximately $260,135 in legal fees in 2014 and 2015, according to campaign finance reports.
Prosecutors did not object to White and Dowd leaving Hubbard’s defense team, but objected to the lack of reasons being given as a violation of the rules of procedure.
Walker disagreed with prosecutors and heard the reasons in a closed hearing.
Prosecutors argued that the withdrawal of White’s law firm would cause a delay in the start of the trial, something the defense agreed with.
Walker asked Hubbard’s new lead attorney, Lance Bell, if all the motions pending in the case were done, would he be ready for trial by the March 28 start date.
“No, sir,” Bell said.
During another moment in the hearing, after Hart and Bell talked with the judge privately, fireworks briefly erupted as Bell became visibly angry with Hart.
“If you want to argue Mr. Hart, I’ll argue,” Bell said to Hart. “But if you want to address someone, address the court.”
Hart made his way back to his seat with only a one-word reply to Bell.
“Whatever,” Hart said.
White spoke to the press after Walker granted his motion to leave the case.
“I don’t think you can have a better friend than Mike Hubbard,” White said. “I don’t think there’s been a person in my 42 years of practice who has been treated more cruelly and unfairly by the attorney general’s office than Mike Hubbard.”
Walker will hear arguments for defense motion for a deposition of Hart over the leaked sealed motion and other allegations of prosecutorial misconduct on Jan. 26.
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