AGO 1996-171.

• Case Date: April 01, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-171. 1996-171April 1, 1996Honorable Howard Sanderford Member, House of Representatives P. O. Box 16023 Huntsville, AL 35802 District Judges - Vacancies in Office - Governor - Judges The Madison County Judicial Commission is authorized to nominate to the Governor persons for appointment to vacancies in the office of the district judge in Madison County and the Governor is required to select an appointee from these nominees.Dear Representative Sanderford: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Is the Madison County Judicial Commission authorized to nominate to the Governor persons for appointment to vacancies in the office of the district judge in Madison County and is the Governor required to select an appointee from these nominees? FACTS AND ANALYSIS Section 6.14 of Amendment 328 of the Constitution of Alabama of 1901, the Judicial Article, proclaimed ratified December 27, 1973, provides in part: ". . . Vacancies in any judicial office shall be filled by appointment by the governor; however, . . . vacancies occurring in . . . Madison . . . county shall be filled as provided in the Constitution of 1901 with amendments now or hereafter adopted, or as may be otherwise established by a properly advertised and enacted local law. . . ." Amendment 334 of the Constitution of Alabama of 1901, also proclaimed ratified on December 27, 1973, created the Madison County Judicial Commission for the purpose of nominating to the Governor persons for appointment to vacancies in the office of the judge of the circuit court holding in Madison County. The Governor is required by this amendment to select an appointee from one of the three nominees. In the 1979 Regular Session, Act No. 79-784 was enacted, which is a local law relating to Madison County. This local act tracks the language of Amendment 334 and created the Madison County Judicial Commission with the present members of the Commission, as established by Amendment 334, serving for the remainder of their terms. The local act provides...