State Bar releases Thomas reports

MOBILE, Ala. (WALA) - The Alabama State Bar released two reports concerning the hearings that led to the disbarment of former Mobile County Judge Herman Thomas.

One report , filed February 26 states that after reviewing testimony into the sexual abuse allegations against Thomas:

• "the Disciplinary Board of the Alabama State Bar finds that clear and convincing evidence has been presented that Thomas engaged in improper ex parte contacts with criminal defendants on his docket, spanked or paddled criminal defendants on his docket, and engaged in conduct adversely reflecting on his fitness to practice law by spanking both minors and adults in the community."

The report says it found the testimony of witnesses, who claimed that Thomas spanked them with a belt, touched their buttocks with his hand, was sexually aroused and spanked them with a fraternity paddle, was truthful.

The document goes onto say:

• "During his testimony, Thomas admitted to spanking other young men in the community..admitted that the individuals' pants and underwear may have been down during the spankings and that he may have instructed the individuals to drop their pants."
• "Thomas admitted to picking up a number of young men from the jail and taking them to the courthouse after business hours."
• "..Thomas testified that he owned three paddles but that he had never taken any of the paddles into the courthouse or his office.  However, the Honorable Roderick P. Stout and Mobile County Circuit Court Clerk JoJo Schwarzauer both testified that they had observed a wooden fraternity paddle in Thomas' chambers."

In conclusion, the report states:

• "The Board finds that these spankings and paddlings were not a form of mentoring or discipline but were rather engaged in by Thomas for his own sexual gratification....these spankings were not among those of the nature that a parent might give to their own child, but rather were sexually motivated assaults."

The other report released by the State Bar says Thomas, through his attorney, admitted that he provided legal services while suspended from the practice of law.

The Alabama State Bar agreed to suspend Thomas' license to practice law in Alabama for 5 years. Attorney Bob Clark says an appeal of the disbarment was e-filed to the Alabama Supreme Court Friday morning. The State Bar says Thomas faxed an unsigned notice of appeal to its office about 3:30 Friday afternoon.

Thomas is still licensed to practice law in Florida, though a spokesperson for the Florida Bar says, "Upon receipt of the Alabama disbarment order, The Florida Bar will immediately file a petition for emergency suspension of his Florida license to practice law by the Florida Supreme Court and we will subsequently determine what further disciplinary action may be warranted based on the circumstances of the Alabama disbarment."