Honorable Bobby M. Junkins
AGO 2019-9
No. 2019-009
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
December 12, 2018
Honorable
Bobby M. Junkins
Etowah
County Probate Judge
800
Forrest Avenue
Gadsden,
Alabama 35901
Honorable
James E. Turnbach
Attorney,
Etowah County Commission
Turnbach,
Warren, Rice, Lloyd, Frederick & Smith
Chestnut
at Second/Suite A
Post
Office Box 129/200 Chestnut Street
Gadsden,
Alabama 35902
Probate
Judges-County Commissions - Retirement -Investment in Justice
Act of 1999 -Etowah County
Upon
retirement, the Etowah County Probate Judge, who was an
active judge on June 10, 1999, is entitled to receive
retirement compensation as provided in Acts 77-614 and
73-1024, which provide additional compensation from the
county general fund equal to 25% of the probate judge's
state retirement income.
Dear
Sirs:
This
opinion of the Attorney General is issued in response to your
requests. Because both of your requests relate to the same
subject matter, the responses to your requests have been
consolidated into a single opinion.
QUESTION
Is the
probate judge on retirement entitled to receive retirement
compensation as provided in Acts 77-614 and 73-1024, which
provide additional compensation from the county general fund
equal to 25% of the judge's state retirement income?
FACTS
AND ANALYSIS
The
request from Mr. Junkins states that he plans to retire at
the end of his present term that ends in January of 2019 with
30 years of service. He contends that under existing law he
is entitled to receive retirement benefits from the state as
provided by the Investment in Justice Act of 1999, plus an
additional sum from the county general fund equal to 25% of
the retirement benefits paid to him by the state. Mr. Junkins
seeks confirmation or clarification that he is...