HB431 By Representative Sessions RFD Mobile County Legislation Rd 1 17-MAR-16

SYNOPSIS: Under existing law, generally, vacancies in judicial office are filled by appointment by the Governor and the appointee holds office until the first Monday after the second Tuesday in January following the first general election held more than one year after the appointee takes office.

Notwithstanding the general provision, vacancies in the Office of Circuit Court Judge and District Court Judge in Mobile County, are filled by the Governor based on nominations made by the Mobile County Judicial Commission and the appointee holds office until the next general election for any state officer held at least six months after the vacancy occurs. Thereafter, a successor is elected for the remainder of the unexpired term of the original judgeship.

This bill would propose an amendment to Amendment 408 of the Constitution of Alabama of 1901, now appearing as Local Amendments, Mobile County, Section 16, of the Official Recompilation of the Constitution of Alabama of 1901, as amended, specifying that when a vacancy in the office of circuit or district judge in Mobile County is filled by an appointment, the term of office of the appointed judge would be the same as for judicial vacancies generally.

A BILL TO BE ENTITLED AN ACT

Relating to Mobile County; to propose an amendment to Amendment 408 of the Constitution of Alabama of 1901, now appearing as Local Amendments, Mobile County, Section 16, of the Official Recompilation of the Constitution of Alabama of 1901, as amended; to revise the term of office of a circuit court judge or district court judge appointed to fill a vacancy in Mobile County so that the term will correspond to the general provisions of Section 153 of the Constitution.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

Amendment 408 to the Constitution of Alabama of 1901, now appearing as Local Amendments, Mobile County, Section 16, of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to read as follows:

"Amendment 408.

"All vacancies in the office of judge of the circuit court and the office of judge of the district court of Mobile county which shall occur subsequent to January 15, 1982, shall be filled in the manner and for the time as herein provided.

"The Mobile county judicial commission is hereby created for the purpose of nominating to the governor persons for appointment to such a vacancy. The members of such commission shall be (a) two persons who are members of the Alabama state bar, and (b) two persons who are not members of the Alabama state bar, and (c) one judge of the circuit court of Mobile county.

"All members of such commission must reside in the territorial jurisdiction of the circuit court of Mobile county.

"The two members of such commission who are required to be members of the Alabama state bar shall be elected by the members of such bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court of Mobile county. The executive committee of the Mobile county bar association or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of such members of such commission as are required to be members of the Alabama state bar. Such executive committee shall certify in writing to the probate judge of Mobile county the names of the persons elected as members of such commission by such members of such bar.

"The senators and representatives in the Alabama legislature from Mobile county shall elect the two members of such commission who are required not to be members of the Alabama state bar. Such senators and representatives shall certify in writing to such probate judge the names of the persons elected by them as such members.

"The judges of the circuit court of Mobile county shall elect the member of such commission who is required to be a judge of such circuit court. The judges of such circuit court shall certify in writing to such probate judge the name of the circuit judge elected by such circuit judges as such member.

"The terms of office of all members of such commission shall be six years, except that the terms of office of the two members of the state bar first elected shall be for one and two years respectively, and of the two members first elected by the senators and representatives in the Alabama legislature from Mobile county shall be for three and four years respectively, and the term of the circuit judge elected by the circuit judges shall be for five years; the length of such terms of office of the members of such commission being indicated by the respective electing bodies. The terms of the initial members of such commission shall begin on January 16, 1982. A vacancy in the office of a member of such commission shall be filled for the unexpired term in the same manner as such member was originally chosen.

"The probate judge of Mobile county shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his receipt and recordation of every such certificate, he shall send to the governor a certified copy of every such certificate.

"No member of such commission shall be eligible to succeed himself as such member or for nomination to the governor for appointment as judge of such circuit court or district court during the term of office for which such member shall have been selected.

"The members of such commission shall not receive any salary or other compensation for their services as such members. No member of such commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of such commission shall hold any official position in any political party.

"If, subsequent to January 15, 1982, a vacancy occurs in the office of judge of the circuit court or in the office of judge of the district court of Mobile county, such commission shall nominate to the governor three persons having the qualifications for such office. Such nomination shall be made only by the concurrence of a majority of the members of such commission. The governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for such office. Any vacancy occurring in the office of judge of the circuit or district court of Mobile county, which is required to be filled by appointment on nominations made by a judicial commission, shall be made within ninety days from the date of the submission of such nominations. In the event the governor fails to fill the vacancy from such nominations within such period, the appointment shall be made by the chief justice of the supreme court of Alabama. The appointee shall hold such office until the next general election for any state officer held at least six months after the vacancy occurs and until his successor is elected and qualified; the successor shall hold office for the unexpired term and until his successor is elected and qualified. The term of office of a judge appointed to fill a vacancy shall be as otherwise provided in Section 153 of this constitution. The election of any successor to any person appointed to fill a judicial vacancy in Mobile County prior to January 16, 2017, is ratified and confirmed.

This amendment shall be self-executing."

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Relating to Mobile County, proposing an amendment to Amendment 408 to the Constitution of Alabama of 1901, to revise the term of office of a person appointed to fill a vacancy in the office of circuit or district judge in Mobile County so that the term would be the same for judicial vacancies generally.

"Proposed by Act _________"

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Mobile County

Judge, Circuit

Judge, District

Elections

Counties