TEN COMMANDMENTS CASE Judges are selected in a drawing to hear Alabama justice's appeal

The acting chief justice called the process 'a tragedy.'
MONTGOMERY, Ala. (AP) -- In what was called an unprecedented event, seven retired judges were selected at random to hear Roy Moore's appeal of his ouster as chief justice for refusing to remove a Ten Commandments display.
The drawing came just hours after all eight state Supreme Court justices disqualified themselves from hearing the appeal because of their earlier involvement in the monument case.
The seven chosen randomly in a lottery Monday include former Gov. John Patterson, who is also a retired criminal appeals court judge, and retired Supreme Court Justice Janie Shores. Troy King, legal adviser to Gov. Bob Riley, said the governor had agreed to certify the judges.
An attorney for Moore said two of the replacement judges appear to have conflicts, but he did not provide names.
"The process produced at least two additional justices where questions of impartiality will likely require their recusal or disqualification from this appointed court," Phillip Jauregui said.
Moore was ousted Nov. 13 by a judicial ethics panel for refusing to obey a federal judge's order to remove his 5,300-pound Ten Commandments monument from the rotunda of the state judicial building. The eight justices had the monument moved to a storage room in August after Moore refused to do so.
To pick a replacement court for Moore's appeal, the names of all of the state's retired circuit, district and appeals court judges -- except those physically unable to serve -- were placed in a box and the seven names were drawn by Supreme Court Clerk Bob Esdale.
Only six members of the court are required to hear a case, but seven were chosen in order to avoid a tie vote.
Acting Chief Justice Gorman Houston called the proceeding "absolutely historic" -- and "a tragedy." He said the only similar case occurred during an unsuccessful attempt by the Legislature to impeach several Supreme Court Justices in 1829.
Former Supreme Court Chief Justice C. C. "Bo" Torbert said he believes the drawing of the judges for the special court is unprecedented.
"I don't recall anything like this," Justice Torbert said.