Alabama Advisory Opinions January 30, 1980: AGO 80-00176 (January 30, 1980)

Advisory Opinion Text

Lee L. Hale Deputy Attorney General

Walter B. Turner Chief Assistant Attorney General

William M. Bekurs, Jr. Executive Assistant

Janie Nobles Administrative Assistant

Honorable Arthur C. Murray

Judge of Probate

Calhoun County Courthouse

Anniston, Alabama 36201

Probate Judges-Judicial Officers-Compensation

Under Act No. 79-465 (Acts 1979) funds received by the Probate Judge for compilation of the voter list accrues to the Probate Judge rather than the County Treasury.

Dear Judge Murray:

This is in response to your request for an opinion from this office of November 2, 1979, which reads as follows:

"A question has arisen in my office concerning the meaning of Act No. 79-465, and passed by the Alabama Legislature in its 1979 Regular Session.

"Act Not 79-465 (copy attached) amended Section-17-4-25 of the Code of Alabama 1975 . The only change in the Act was the adding of 'The Judge of Probate shall receive or' at the beginning of the second sentence of said Act.

"Under the provisions of this Act the Probate Judge is to receive remuneration for his services in preparing the voter list. Out of this money the Probate Judge is to pay such clerical help as may be necessary to prepare said list,

"The question which has arisen is as follows:

'"Is the Probate Judge allowed to keep for himself as compensation any funds remaining after paying the clerical help and other expense necessary to prepare said list, or shall such money be paid into the county treasury?'

"The answer to this question will be very helpful to me in the operation of my office and your assistance is greatly appreciated."

In answer to your question, the only changes made by Act No. 79-465 (Acts 1979), are to add "The Judge of Probate shall receive or" at the beginning of the second sentence of the Act, and to substitute the phrase, "for the preparation of such lists" in place of "for such assistants and clerical help" near the end of the second sentence.

The only logical reason for making these changes would be to allow the Probate Judge to receive as payment for compiling the voter list an amount up to five cents per name for every- name on the list, and to use this money to defray the cost of having the list compiled. Because the Act provides that the money is to be paid to the Judge of Probate, it is my opinion that the money accrues to the Probate Judge rather than to the County Treasury.

I trust that I have answered your question sufficiently.

Sincerely,

CHARLES A. GRADDICK Attorney General

LINDA C. BRELAND Assistant Attorney General