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January 11, 1994



Alabama Judicial Inquiry Commission
800 South McDonough Street
Montgomery, AL 36104

To Whom It May Concern:

This is my second letter to the Judicial Inquiry Commission of
Alabama concerning Judge Randall Thomas. I received your letter dated December 15, 1993 and think it deserves more comment on the character of Judge Thomas and the Montgomery County Circuit Court. In writing this letter I challenge the Commission to restore blind and unbiased implementation of the order of law because in researching I find the laws are subject to whatever the judges want to do. I ask how this has come to be that they are immune to the laws they enforce. I am going to in my own words take each Cannon of the Judicial Ethic as it pertains to Judge Thomas and let's see how blind this commission of lawyers will be in looking at one of their own.

First let me set the stage, again, which was explained to the
Montgomery Police Department, the District Attorney's office, Judge
Thomas and the jury and all of which was confirmed by Douglas Rutherford - the defendant in my recovery suit before Judge Thomas and the Montgomery County Circuit Court. After looking and trying to understand how the so called legal system works I believe that it needs a complete overhaul. This would create new economic development in our country because most business men are running from the legal system and you will see just how dangerous it is to try to create commerce in Alabama and America. Let's look at Cannons I, II, and III.

Judge Thomas did not uphold the integrality and independence of the
judiciary when he allowed the defendant in my case to disregard his
judicial orders. Judge Thomas ordered an inventory of the business
which was in dispute. That inventory was never completed because
Rutherford called it off with absolute confidence that he would not be
told to continue by the judge. It took a written court order, after
months of delays, to enforce a verbal order from the court to turn over to me the phone number used by the business . That phone number belonged to me as I had to sign to have service begun since South Central Bell would not allow Rutherford to begin service in his name at the time I opened the business. They did however require both of us to sign to change the service which he would not do. The delay in enforcing the court order cost me business and allowed the public to be misled as to what business they were contacting when they called that number. The order was made after the first hearing in judges chambers. I'm sure Rutherford's attorney told him to keep using the number since there was no written order and Rutherford also published the number in the Yellow Pages with his new number along with a display ad. When were finally got another hearing the judge again ordered the phone number turned over and still it took weeks to write the order. On the surface the judges clerk was rationalized to be the problem. I beleive it was the judge.

Finally, after months of delay - all the while I am losing business -
Judge Thomas ordered Rutherford to stop using the name or the word "Affordable" or any variations of it in any form or fashion. At the first hearing, until the day of the trial and probably right now he
still uses "Affordable" in advertising copy, and lettering on receipts
and Dr. Floyd's prescription pads.

It was discovered and admitted in Judge Thomas' chambers that I
spent all the money for start up, and signed with banks and utilities to help Rutherford function as a businessman. He invested nothing but Judge Thomas ignored my attorney's pleas to bring Rutherford to the table to settle this matter. There were at least two banks willing to finance him, Rutherford admitted that he owed at the time of the dispute at least $75,000.00. To the judge and the jury he stated under oath he would never pay me. Diligent performance of his duties would have led Judge Thomas to rule on the case as soon as the facts were agreed upon by all parties involved. Rutherford admitted to the judge in chambers that the owed at least $75,000.00 to me yet the judge did not rule. Of all the things Judge Thomas did wrong I think the worst was when he told Rutherford that in the event I was awarded a judgment his only way out would be to file bankruptcy. Rutherford filed Chapter 13 Bankruptcy the
day after the jury decision.

Judge Thomas has a brother - George Thomas - who did some work for First Montgomery Bank which holds the mortgage on my business, including the part in dispute in this case. During the course of this matter I was instructed by the judge's brother to bring the mortgage to my home to him to secure and already secured Small Business Administration loan. This was designed to take my home if the court did what they were trying to do. George Thomas advised me to stay with his brother as judge on the case as enough time had already expired and to bring in another judge would delay things more. Meanwhile he was perched to start foreclosure proceedings against me. I refused to mortgage my home. It's hard to imagine First Montgomery Bank not assisting me more when they
held the mortgage on the property in dispute. I think they did not
assist me because George Thomas is in the same building and represents the bank. Now that Rutherford has filed bankruptcy rather than pay me, if I had signed over my house the bank could have taken my home if I end up having to file bankruptcy. None of this would have happened if it were not possible for lawyers to just destroy the lives of honest American citizens. Judge Thomas has not avoided the appearance of impropriety as regards my case and regardless of how you feel Judge Thomas is corrupt and biased toward me because of my complexion along with my attorney's. There was complete discovery and he would not act on it.

A note on my attorney. At the time of the first hearing my attorney -
Donald Jackson - was with the firm of Means and Gillis and Judge Thomas was very cordial. I don't think he new Don at the time. I also later found out Don had previously worked at the same firm as George Thomas - the judges brother. I asked Don about the case in Lowndes County where a woman won a large settlement against Sears over a defective space heater. At the next meeting Judge Thomas said to Don "I heard you all got a good one," in reference to the settlement. Don was now on his own and boy did the mood change. You have to wonder, as every American citizen does, about the moral character of our court system. Then I look at myself, who went to the court house for help and got robbed and humiliated as a decent human being in the court of a judge that reads the Bible at trial and claims to be a preacher.

As pertains to Cannon 4 I don't think Judge Thomas could ever be
accused of this except to further the idea of cronyism and bias.

I read an article the other day where some man in Birmingham has filed a complaint against Judge Thomas that relates to Cannon 5. When we finally got a trial date set for 9:00 am Judge Thomas arrived two hours late, because he had gone to a retirement party, spent maybe ten minutes in chambers, then ordered another trial date. I lost money that day and had to wait again for a trial. Judge Thomas did not seat a jury or even seem to care after I had been waiting over a year. On the day of the second trial date Judge Thomas still tried to get Rutherford to settle but he still refused.

At the trial we knew we didn't have a chance when Judge Thomas     threw out my fraud charge against Rutherford - after he had
repeatedly told us he would not issue a summary judgment because I was accusing Rutherford of fraud. Judge Thomas' handling of this matter only served to heighten the emotions of the jury and confuse the issue of the recovery of my property. I asked the clerk if they were going to put me in jail since there was absolutely no logic to the whole process.

Something needs to change. To continue to add insult to injury Judge
Thomas was not even present to answer questions raised by the jury while they were deliberating nor was he there to read the verdict. Judge Price both answered the jury's questions and read the verdict.
Afterward Judge Price remarked "who put up the money?" He will get a copy of this letter also.

Due to the state of race relations in America the court system, including jury selection should be reformed. Judge Thomas admitted he wasn't qualified to settle this case so why didn't he give it to a qualified judge
As fragile as business is in Alabama and America this complaint might be the beginning of a reform movement to expedite trials and do something about what amounts to civil matters. The jury in my case should not have been asked to hear emotions spent on a counter claim of slander which wound up being the dominant factor in the trial. The jury awarded Rutherford one dollar.

If one Black woman jurist had not stood up I probably would not have gotten anything. Maybe we can follow the lead of a nation that we - the cradle of democracy and freedom put economic sanctions on - and do away with government sanctioned racial separation. South Africa has removed race designations off all government forms and
applications so that at least before anyone can apply apartheid they
have to see the person.

In the seating of juries this is something that needs to be considered here. I have actually refused to designate my race on federal jury applications and will go to jail before I appear as long as that is a question asked. Some people in our country are beyond the point of return when it comes to positive race relations so as long as our government sanctions apartheid and racial separation

I will protest. I have met three people Judge Thomas has had in his court who have run into his racial bias. In one case the Alabama Supreme Court overturned his ruling awarding a piece of property belonging to an old Black man to someone else (remember Mose T). It would be interesting to have a complete audit of the lives and characters of our judges. It seems they have placed themselves above the laws they administer. How can you protect yourself from the law if the law doesn't work.

I should have been granted a summary judgment, the man admitted owing me long before all the other matters evolved. Now let's see how fair you the Inquiry Commission will be. Nothing can replace the money I've lost or the jobs lost - all to protect one person. The fact is he was white and wrong which the court found after almost two year of a judge not doing what the State of Alabama pays him to do - try cases.

Don Jackson and I asked for a jury trial knowing how the Alabama courts work so at least there would be a public record. Now that this whole situation is out in the open I can't see how you can come to any conclusion except removal of Judge Thomas from the bench along with a fine to be paid to me to help me repair my life that he and Steve Nesmith and others (who will be named as elections near) conspired to ruin.

It is a shame the political process allows Judge Thomas to ride the coat tails of the Democratic Party and stay in office as long as he has. A copy of this letter will find it's way to both party chairmen after your ruling. Others that will receive a copy include Amy Carpenter of 60 Minutes. She started the movement to free the man on death row by way of the Resource Center on Hull Street here in Montgomery and across from my business. Every member of the U.S. Congress will also receive a copy of this letter along with Forbes magazine, Black Enterprise magazine, the American Bar Association, the National Bar Association, the Alabama Supreme Court, the Alabama Bar Association, President Clinton, Commerce Secretary Ron Brown, former Vice-President Dan Quayle, the ACLU, Amnesty International, and anyone
else who might be able to affect change which is so badly needed in our courts.

People feel helpless when they think of the courts whether they think of themselves as victims or spectators and I think this century you will see it change. Judicial reform - we need it- let's get started. Alabama has one of the worst reputations in our country for the need to reform. First of all I don't think lawyers should be
disciplined by lawyers. We are expected to be tried by a jury of our
peers, well I should be able to sue Judge Thomas for malpractice and incompetence, bias and lack of judicial propriety in doing his job.

I look forward to hearing from you. I would like to have the names
of the people who will investigate this matter and the date and time of any hearings held.


Sincerely,

                                       MORE TO COME
Hobson Cox

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