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Judge undecided on speaker’s effort to subpoena attorney general

Speaker of the House Mike Hubbard, R-Auburn, right, talks with Rep. Duwayne Bridges, R-Valley, at the Alabama Statehouse in Montgomery, Ala., Tuesday, May 7, 2013. With their annual session nearing its end, Alabama lawmakers have yet to settle on changes to the state's gun laws, even as leaders of both chambers say they want to relax restrictions on gun possession. The primary gun measure began as a push to allow employees to have weapons in their cars while at work and has blossomed into a lengthy bill with numerous provisions. But the House and Senate have yet to agree on a final plan, and Senate Bill 286 appears headed for a compromise committee of lawmakers from each chamber. Hubbard said he's worried that further tinkering with the House's preferred bill will force law enforcement authorities to abandon the measure. (AP Photo/Dave Martin)
Speaker of the House Mike Hubbard, R-Auburn, right, talks with Rep. Duwayne Bridges, R-Valley, at the Alabama Statehouse in Montgomery, Ala., Tuesday, May 7, 2013. With their annual session nearing its end, Alabama lawmakers have yet to settle on changes to the state's gun laws, even as leaders of both chambers say they want to relax restrictions on gun possession. The primary gun measure began as a push to allow employees to have weapons in their cars while at work and has blossomed into a lengthy bill with numerous provisions. But the House and Senate have yet to agree on a final plan, and Senate Bill 286 appears headed for a compromise committee of lawmakers from each chamber. Hubbard said he's worried that further tinkering with the House's preferred bill will force law enforcement authorities to abandon the measure. (AP Photo/Dave Martin)

By Associated Press 2 min read

OPELIKA, Ala. — Indicted House Speaker Mike Hubbard can’t call Attorney General Luther Strange and his employees to the witness stand, but might be able to take their depositions as he tries to get ethics charges thrown out of court, a judge said Tuesday.

Lee County Circuit Judge Jacob Walker issued the decision as he laid the groundwork for a hearing next week on Hubbard’s motions to dismiss the ethics case against him. The Auburn Republican has argued the investigation was a selective and vindictive prosecution tainted by prosecutorial misconduct. Hubbard also says the state’s 2010 ethics law, which he supported, is unconstitutionally vague and being misapplied by prosecutors.

Walker did not rule on a state motion to quash defense subpoenas issued to Strange, lead prosecutor Matt Hart, former chief deputy Kevin Turner and other employees from the attorney general’s office.

Instead, Walker said Hubbard’s defense can call related witnesses, and he will then decide if additional information from Strange and others is merited. Walker did indicate that any testimony from Strange and his employees would be taken outside court via deposition.

Hubbard faces 23 ethics charges accusing him of using his public offices – both as speaker and his former position as chairman of the Alabama Republican Party- to drum up investments and business for his companies. He has pleaded not guilty. The case is set for trial on March 28, overlapping with the 2016 legislative session, which begins Feb. 2.