Money, 082319 ALAGO, AGO 2019-44

• Case Date: August 23, 2019
• Court: Alabama

Honorable David Money AGO 2019-44 No. 2019-044 Alabama Attorney General Opinion State of Alabama Office of the Attorney General August 23, 2019          Honorable David Money          Probate Judge and Chairman          Henry County Commission          101 Court Square, Suite B          Abbeville, Alabama 36310          Probate Judges - Circuit Judges -Salaries - Henry County          The compensation for the Henry County Probate Judge must be $16,000 per annum less than the total salary compensation that would be paid by the state to the presiding circuit judge in the county with comparable bench experience.          The probate judge's salary may be increased during the term of the probate judge when the position of the presiding circuit judge changes for any additional years that the probate judge has served.          Dear Judge Money:          This opinion of the Attorney General is issued in response to your request on behalf of the Henry County Commission.          QUESTIONS

(1) Should the Henry County Probate Judge's salary be set at (a) $16,000 less than the base salary of the presiding circuit court judge, or (b) $16,000 less than the total salary of the presiding circuit judge?

(2) If the answer is (b), must the salary of the probate judge be adjusted every two years based on the salary of the currently serving presiding circuit judge as the presiding circuit judge changes every two years?

         FACTS AND ANALYSIS          Your request states that the salary of the Henry County Probate Judge is set pursuant to a local law that ties the probate judge's salary to the salary of the presiding circuit court judge. The position of presiding circuit judge changes every two years. This Office understands that the circuit judges select a new presiding circuit judge in July of each odd numbered year. You further state that the base salary of each presiding circuit judge is currently set at approximately $119,000, but due to longevity raises over the years, the total annual salary of the various persons serving in the presiding circuit judge position ranges...