Alabama Advisory Opinions January 05, 1982: AGO 82-00127 (January 05, 1982)

Advisory Opinion Text

James R. Solomon, Jr. Deputy Attorney General

Walter B. Turner Chief Assistant Attorney General

William M. Bekurs, Jr. Executive Assistant

Janie Nobles Administrative Assistant

Honorable Bobby Day

Judge of Probate

Morgan County

P.O. Box 848

Decatur, Alabama 35602

Probate Judges - Elections -Fees

Probate Judge of Morgan County is not barred from receiving $.05 per name for preparation of list of qualified voters as set forth in Act No. 79-465

Dear Judge Day:

Reference is made to your request for the opinion from the Attorney General as to the following question:

Does local Act No. 70 of the 1943 Legislature disallow the payment of $.05 per name for the preparation of poll list to the Probate Judge of Morgan County, as set forth in Act No. 79-465 of the 1979 Legislature; or does the general law as set forth in Act No. 79-465 control and allow payment to the Probate Judge of said $.05 per name?

Act No. 70 of the 1943 Legislative Session placed the Probate Judge of Morgan County on a salary. However, it is not the statute presently controlling the compensation of the Probate Judge of Morgan County. His compensation is now governed by Act No. 548 of the 1978 Legislative Session, the pertinent part of which reads:

Section 1. The probate judge of Morgan County shall be entitled to an expense allowance, payable from the county treasury, not to exceed four thousand five hundred dollars ($4,500) per annum. Such allowance shall be paid in the same manner as are other county supplements.

Section 2. At the expiration of the present term of office of the judge of probate his total compensation shall be eighteen thousand five hundred dollars ($18,500) per annum, payable from the county treasury, in equal monthly installments. Such compensation shall be in lieu of any fees, salary, expense allowance or other compensation.

Section 4. All laws or parts of laws, whether general, special or local, which conflict with this act are hereby repealed.

Act No. 79-465 of the 1979 Legislative amended Code of Alabama 1975 , Section 17-4-25 to provide clerical help and help for the preparation of the list of qualified voters which the judge of probate is required to furnish election inspectors. It reads:

"§ 17-4-25. The judge of probate may employ such assistants and clerical help as may be necessary to complete and properly prepare the list of qualified electors which the judge of probate is required to furnish the election inspectors. The judge of probate shall receive or such assistants shall be paid out of the county treasury by warrants, drawn by the county commission on certificate of the probate judge, accompanied by the certificates of the person being paid, showing the amount is due under the provisions of this chapter, but the entire amount spent for the preparation of such lists shall not exceed a sum equal to the amount obtained by multiplying the number of names on said list by $.05 for the preparation of such list."

The $.05 per name of voters on the list of qualified voters prepared by a probate judge as set out in the above quoted provision is not a fee, commission, allowance or emolument to be paid to the probate judge as compensation but it is a set amount to be used to cover the cost of the preparation of the list of qualified voters and the salaries of the clerical assistants necessary to prepare this list. This amount is the cost to be paid by the county for the expense of preparing the voter list. It is paid upon the certification of the probate judge.

Therefore, in answer to your question, the Probate Judge of Morgan County is not prohibited from receiving the $.05 per name for preparation of the list of qualified voters as set forth in Act No. 79-465, Acts of Alabama 1979.

If our office may be of further assistance, please do not hesitate to contact us.

Sincerely,

CHARLES A. GRADDICK Attorney General

LYNDA F. KNIGHT Assistant Attorney General