In a 95-page brief filed Tuesday, his attorney argued Moore shouldn't have been removed because he never instructed probate judges to refuse marriage licenses to gay couples. They also argued the Alabama Court of the Judiciary, the state panel that hears complaints against judges, exceeded its authority by suspending Moore for the remainder of his term.
It requires a unanimous vote to remove a judge from office. Moore argued the lengthy suspension is a "de facto removal" without the required unanimous vote.
"There is no difference between removal and a permanent suspension. Removal requires a 9-0 vote, which the COJ admittedly lacked," the document said. It noted that longest suspension previously handed down by the court was for six months.
Moore is trying to win his position back after the ruling that he violated standards of judicial ethics with his actions regarding gay marriage.
In January — six months after the nation's high court ruled gays and lesbians have a fundamental right to marry — Moore told 68 state probate judges that a 2015 Alabama Supreme Court order to refuse marriage licenses to gay couples remained in "full force and effect." A federal judge had also ordered probate judges to stop enforcing the state's gay marriage ban in the wake of that landmark ruling.
Moore disputed the allegation, saying the order to probate judges was a "status update" pointing out that the Alabama Supreme Court order had not officially been lifted. Moore also said he specifically told probate judges that he could not give them "guidance" in the wake of the U.S. Supreme Court decision.
"Chief Justice Moore did not direct or order probate judges to violate any federal court order or precedent," Moore's attorneys wrote.
Attorneys with the Alabama Judicial Inquiry Commission, which brought the charges against Moore, argued in the September hearing that Moore was playing a game of semantics. They said the outspoken jurist, who had been a vocal critic of gay marriage, was on a mission to block same-sex weddings in Alabama.
Moore's appeal is being heard by a special panel because his former colleagues on the Alabama Supreme Court recused themselves from the case.
Moore was removed as chief justice in 2003 after he refused to obey a federal court order to remove a 5,200-pound Ten Commandment monument from the state judicial building. But he was re-elected to the bench in 2012, a victory he described as a vindication.
He will be beyond the state age limit for judicial candidates when his term ends.
Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.