Alabama Advisory Opinions March 26, 2002: AGO 2002-185 (March 26, 2002)

AGO 2002-185.

Dear Judge Turner:

This opinion of the Attorney General is issued in response to your request.

Do I have to qualify and run for the position of District Judge of Washington County in the spring of 2002 or, in light of Allen v. Bennett , 2001 WL 1658694 (Ala.) and Attorney General Opinion Nos. 2000-159 and 2000-208, will I run in the 2004 election, which would be the next general election after I have been in office for one year? FACTS AND ANALYSIS

You state that you were appointed by the Governor to the position of District Judge of Washington County on February 1, 2002, and took the oath of office on February 5, 2002.

Vacancies in judicial offices are governed by section 6.14 of Amendment No. 328 of the Constitution of Alabama, which states:

The office of a judge shall be vacant if he dies, resigns, retires, or is removed. Vacancies in any judicial office shall be filled by appointment by the governor; however, vacancies occurring in any judicial office in Jefferson county shall be filled as now provided by amendments 83 and 110 to the Constitution of Alabama of 1901 and vacancies occurring in Shelby, Madison, Wilcox, Monroe, Conecuh, Clarke, Washington , Henry, Etowah, Walker, Tallapoosa, Pickens, Greene, Tuscaloosa, St. Clair 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. A judge, other than a probate judge, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he has completed one year in office . At such election such judicial office shall be filled for a full term of office beginning at the end of the appointed term.

ALA. CONST. amend. 328, § 6.14 (emphasis added).

Pursuant to section 6.14, vacancies occurring in Shelby, Madison, Wilcox, Monroe, Conecuh, Clarke, Washington, Henry, Etowah, Walker, Tallapoosa, Pickens, Greene, Tuscaloosa, and St. Clair counties ("the named counties") are to be filled in accordance with "amendments now or hereafter adopted, or as may be otherwise established by a properly advertised and enacted local law." Id. This provision allows the named counties to provide an alternate appointment process. See Opinions of the Attorney General to Honorable Jim Bennett, Secretary of State, dated August 11, 2000, A.G. No. 2000-208, and to Honorable Donald H. Bevill, Walker County District Judge, dated May 30, 2000, A.G. No. 2000-159. Your request states, and our research reveals, that an alternate appointment process has not been adopted for Washington County.

Regardless of the method of appointment, section 6.14 of Amendment No. 328 specifies the term of office and the time when the election for a full term of office shall be held. Appointees to judicial office, other than the office of probate judge, must stand for election at the next general election after they have completed one year in office. Allen v. Bennett , 2001 WL 1658694 (Ala.). At that time, a candidate shall be elected for a full term.

Because you were appointed to fill the vacancy in the District Judgeship of Washington County on February 1, 2002, you are not required to run as a candidate in the 2002 general election. The next general election for state office held after you have completed one year in office will occur in 2004, and you would be required to run in that election.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

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