Ala. Bar Association disbars Thomas

MOBILE, Ala. (WALA) - Former judge Herman Thomas was back in court Monday morning. The Alabama Bar Association held a disciplinary hearing on charges that Thomas violated the rule of professional conduct.

Those rules have not been made public, because it was a private hearing. A disciplinary board heard all evidence and testimony, which was also not released to the public.

Witnesses were brought forward for the hearing. Some, like Senator Vivian Davis Figures, testified at his 2009 trial. Thomas was acquitted of sexually abusing and paddling inmates in exchange for leniency in his courtroom.

Thomas was the primary witness during the hearing.

Senator Figures said she was disappointed the hearings were not made public. Figures' son was an alleged victim in Thomas' criminal case. Also, two inmates from Thomas' previous trial took to the stand.

The Alabama Bar Association said Thomas and his attorney, Bob Clark, had the power to waive confidentiality and allow reporters inside. However, they did not use that power.

"I don't want anything read into the fact that this is confidential. I think in my 20-plus years at the state bar, we've only had three where the lawyer or his counsel waived confidentiality and allowed it to be a public hearing," said Tony McLain, General Counsel with the Alabama Bar Association.

Clark said they would not waive anything, unless it's a flag. McLain said there is good reason for the confidentiality.

"I'd say 92 percent of complaints that we get against lawyers have no merit, and to air that publicly is unfair," added McClain.

McLain would not say if this case fell into that 92 percent.

The punishment for violating the rule of professional conduct ranges from private reprimand to disbarment. At the time of the hearing, Thomas' law license was only suspended. If Thomas wants to be reinstated, he will have to wait five years. Then he has to bring his case before the Alabama Supreme Court.

Clark said he's not surprised by the decision.

Thomas agreed to talk to local media after his 2009 trial. To see Bob Grip's complete interview with Thomas, click here .