Indicted Covington County Probate Judge Sherrie Phillips, who maintains she is innocent of the felony ethics and theft charges against her, resigned from office yesterday.

Meanwhile, the Administrative Office Courts has appointed Montgomery County Circuit Judge Charles Price to hear the criminal charges pending against her, and a spokesman for the office of the Alabama Attorney General, who took the case against her to a local grand jury, said her resignation will not affect the criminal case.

Phillips, who has served as probate judge for the past 20 years, notified the Administrative Office of Courts of her resignation in a letter dated Sept. 11. The letter stated that she was retiring effective at 12:01 p.m. Fri., Sept. 12, 2008, a spokesman for the office said.

Phillips had been on leave since June 13, when she turned herself in after being indicted by a Covington County grand jury on felony ethics and theft charges totaling more than $1.8 million. At the time of the indictment, she maintained her innocence and formally entered a plea of not guilty on June 19, waiving arraignment.

Because Alabama law does not allow an indicted judge to serve, the Administrative Office of Courts appointed Andalusia attorney Lee Enzor special probate judge to serve in Phillips’ place. Now that Phillips has resigned, it will fall to Gov. Bob Riley to appoint someone to fill the remainder of her current term, which expires in 2012.

Riley spokesperson Tara Hutchison said the appointment process is not on a specific timetable. Normally, she said, the governor’s office accepts inquiries and applications for positions before making appointments, Hutchison said.

A spokesman for the attorney general’s office said all of the criminal charges against Phillips are still pending.

Specifically, the indictment charged Phillips with:

First-degree theft of a check for $1.8 million or any proceeds of the check, which was the property of the estate of Cary Douglas Piper and/or the state of Alabama;

First-degree theft by deception, by knowingly obtaining unauthorized control of a check for $1.8 million or any proceeds of the check, which was the property of the estate of Cary Douglas Piper and/or the state of Alabama;

As a public official—the probate judge of Covington County—intentionally using her official position for unlawful personal gain for herself or a family member, of a check for $1.8 million or any proceeds of the check;

First-degree theft of a check for $3,650 or any proceeds of the check, which was the property of the estate of Cary Douglas Piper and/or the state of Alabama;

First-degree theft by deception, by knowingly obtaining unauthorized control of a check for $3,650 or any proceeds of the check, which was the property of the estate of Cary Douglas Piper and/or the state of Alabama; and,

As a public official—the probate judge of Covington County—intentionally using her official position for unlawful personal gain for herself or a family member, of a check for $3,650 or any proceeds of the check.

In the week after her indictment, Phillips’ attorneys of record were Mark Allen Treadwell of Oliver and Treadwell, LLP, in Dadeville, Ala., and Riley Powell of the Powell Law Firm in Andalusia. Riley Powell’s father and law partner, Ab Powell, accompanied Phillips to the Covington County Jail when she turned herself in.

Buyt Treadwell has since filed a request to be released from the case, and Ab Powell said earlier this week the Powell Firm also no longer represents Phillips.

Meanwhile, Geneva attorney David Harrison has filed a notice of appearance in the criminal case.