RECEIVED Roy S. Moore DEC 18 2017 One Dexter Avenue Montgomery, AL 36104 one Ro December 14, 2017 Carol Mott Investigator/Paralegal Alabama State Bar Disciplinary Commission P.O. Box 671 Montgomery, AL 36101 RE: CSP 2017-1338 (Complaint of Mr. J. Whitfield Larrabee) Dear Ms. Mott: In regard to your letter of December 5 and the enclosed complaint, I respond as follows: 1. The allegations of sexual misconduct, which Mr. Larrabee slanderously presents as fact, refer to purported events that occurred decades ago. However, “formal proceedings before the Disciplinary Board must be instituted by the filing of formal charges within six (6) years from the accrual of the offense ....” Rule 31, Ala. R. Disc. Proc. The allegations are simply too old for the Disciplinary Commission to consider. 2. Any individual, including a lawyer, has a right to file a suit for the tort of defamation, A statement by me of such an intention does not violate the rules of, professional conduct. 3. The proceedings before the Court of the Judiciary (“COJ").and a subsequent appeal to the Alabama Supreme Court corcluded earlier this year. 1 was punished by a suspension for the remainder of my term without salary, the longest suspension ever issued by the COJ. Although I was not removed from office, after many months without a salary, I retired, ‘The Disciplinary Commission has no jurisdiction over an incumbent judge for judicial acts during his term of office. Rule 1(a)(2),, Ala. R. Disc. Proc. Jurisdiction over the same judge after his term of office concludes for acts that Securred: while he was a judge is limited to conduct “that would have been grounds for lawyer discipline.” Rule 1(a)(3), Ala. R. Disc. Proc. The factual underpinning of the COJ case was an act taken in my administrative capacity asAlabama State Bar December 14, 2017 Page Two Chief Justice, an order directed to the probate judges of Alabama. Such an order cannot be “grounds for lawyer discipline” because a lawyer has no power to issue an administrative order to probate judges. Sincerel Roy 8. Moore