AGO 1996-162.

• Case Date: March 26, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-162. 1996-162March 26, 1996Honorable Fob James, Jr. Governor, State of Alabama Montgomery, AL 36130 Governor - Judges - Vacancies in Office - ElectionsBecause no elections were held in 1992 as required by the statutes for the judgeships created by Act Nos. 90-539 and 91-640, due to litigation and the lack of preclearance by the Justice Department, there exist vacancies in these judgeships which may (but are not required to) be filled by gubernatorial appointment.Dear Governor James: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Should the judgeships created by Act No. 90-539 and Act No. 91-640, which received preclearance from the United States Justice Department on March 18, 1996, be filled by gubernatorial appointment? FACTS, LAW AND ANALYSIS Act No. 90-539 created an additional circuit judgeship in the Twentieth Judicial Circuit (Henry and Houston Counties). This judgeship was to be filled first in the 1992 general election, and elected every six years thereafter at the same time as the other circuit judges for the Twentieth Judicial Circuit are elected. Act No. 91-640 created a new circuit judgeship in the Tenth Judicial Circuit, Bessemer cut-off division (Jefferson County), a new circuit judgeship in the Fifteenth Judicial Circuit (Montgomery County) and a new circuit judgeship in the Nineteenth Judicial Circuit (Autauga, Elmore and Chilton Counties) who shall be a resident of Chilton County.(fn1) These judgeships too were to be first filled in the 1992 general election and elected every six years thereafter at the general election. The judgeships created by Act Nos. 90-539 and 91-640, and many other circuit judgeships in Alabama, were the subject of litigation in S.C.L.C. v. Sessions, 56 F.3d 1281 (11th Cir. 1995), cert. denied, _____ U.S. _____ (Jan. 8, 1996). The United States Court of Appeals for the Eleventh Circuit in S.C.L.C. v. Sessions, supra, upheld the at-large method of electing circuit judges in Alabama. Due to this litigation, preclearance was not initially given by the Justice Department for the creation of the judgeships in question. Thus, the judgeships were not placed on the ballot in the 1992 elections as provided in Act Nos. 90-539 and 91-640. On March 18, 1996, after the Supreme Court refused...