AGO 1997-296.

Case DateSeptember 24, 1997
CourtAlabama
Alabama Attorney General Opinions 1997. AGO 1997-296. 1997-296September 24, 1997Honorable Gladys R. RiddleChairperson, State of Alabama Board of Pardons and Paroles P. O. Box 302405 Montgomery, Alabama 36130-2405 Pardons and Paroles Board - Term of Office - Offices and Officers - Time John Nettles, holding over beyond the term for which he was properly appointed, continues as a holdover member of the Pardons and Paroles Board until an effective appointment is made pursuant to the requirements of § 15-22-20.Dear Ms. Riddle: This opinion of the Attorney General is issued in response to your request. QUESTION
Does John Nettles remain a Parole Board member since the Governor failed to meet the ten-day deadline when he first appointed Milton Bethune and the Legislature was not in session on August 7, 1997; then the Governor reappointed Mr. Bethune during the Legislative session on August 20, 1997; and Mr. Bethune was not confirmed by the Senate?
FACTS, LAW, AND ANALYSIS The statute under which your question arises is found at ALA. CODE § 15-22-20 (1975) (all cites are to the CODE). It provides in pertinent part:
(a) There shall be a Board of Pardons and Paroles which shall consist of three members, but no two members of such board shall be residents of the same congressional district.
(b) Any vacancy occurring on the board, whether for an expired or unexpired term, shall be filled by appointment by the Governor, with the advice and consent of the Senate, from a list of three qualified persons nominated by a board consisting of the Chief Justice of the Supreme Court as chairman, the presiding judge of the Court of Criminal Appeals and the Lieutenant Governor. The nominating board shall as soon as practicable after a vacancy occurs, whether for an expired or unexpired term, meet and select by majority vote the names of three persons to be submitted to the Governor, who shall make his appointment from such list within 10 days thereafter. Appointments made at times when the Senate is not in session shall be effective ad interim. Any appointment made by the Governor while the Senate is in session must be submitted by him to the Senate not later than the third legislative day following the date of the appointment; any appointment made while the Senate is not in session shall be submitted not later than the third legislative day
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