Bolin, 061616 ALAGO, AGO 2016-41

• Case Date: June 16, 2016
• Court: Alabama

Honorable Michael F. Bolin AGO 2016-41 No. 2016-041 Alabama Attorney General Opinions State of Alabama office of the Attorney General June 16, 2016          Honorable Michael F. Bolin          Associate Justice          Supreme Court of Alabama          300 Dexter Avenue Montgomery, Alabama 36104          Judges - Salaries - Supreme Court of Alabama - Back Pay - Quantum Meruit -State Comptroller          The State Comptroller and current and former justices of the Supreme Court of Alabama should cooperate in determining payment terms on any back pay owed the justices for bench experience that accrued before May 26, 2004. The statute of limitations for back pay is two years. The Comptroller may compensate the justices under the doctrine of quantum meruit.          Dear Justice Bolin:          This opinion of the Attorney General is issued in response to your request.          QUESTION          If current or former justices of the Supreme Court of Alabama are entitled to receive back pay, how are the justices to be compensated for that back pay?          FACTS AND ANALYSIS          This Office understands that Justice Lyn Stuart is currently serving as Acting Chief Justice of the Supreme Court of Alabama. This Office further understands that Acting Chief Justice Stuart has recused herself from this matter and appointed Justice Michael Bolin to make this request.          On December 5, 2014, the Department of Examiners of Public Accounts released an audit of the Supreme Court of Alabama which states that one current justice and multiple former justices were owed money in light of erroneous payroll calculations dating back to 2004. Report on the Alabama Supreme Court, Department of Examiners of Public Accounts (December 5, 2014). The allegedly erroneous calculations were the result of confusion arising from a legislative amendment in 2004. Memorandum from Julia Weller, Clerk of the Supreme Court of Alabama, to Sandra Collins, State Payroll Administrator, Office of the State Comptroller, at 1-2 (May 7, 2014). ...