HB315

ENROLLED, An Act,

To propose an amendment to the Constitution of Alabama 1901, to provide that vacancies in the Office of District Court Judge in Dallas County, are filled by the Governor based on nominations made by the Dallas County Judicial Commission and the appointee holds office until the successor elected at the next general election for any state officer takes office.

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

All vacancies in the Office of Judge of the District Court of Dallas County which occur subsequent to January 15, 2021, shall be filled pursuant to the provisions of this amendment.

Section 2. (a) The Dallas County Judicial Commission is created for the purpose of nominating to the Governor, persons for appointment to any vacancy in the Office of Judge of the District Court of Dallas County. The commission shall be composed of the following:

(1) Two persons who are members of the Alabama State Bar to be elected by attorneys licensed to practice law in this state who reside in Dallas County. The executive committee of the Dallas County local bar association or its successor body in the capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of the two members. The executive committee shall certify in writing to the Judge of Probate of Dallas County the names of the two persons elected.

(2) Two persons who are not members of the Alabama State Bar to be elected by the members of the Dallas County Legislative Delegation. The members of the Dallas County Legislative Delegation shall certify in writing to the Judge of Probate of Dallas County the names of the two persons elected.

(3) One judge of the Circuit Court of the Fourth Judicial Circuit to be elected by the Circuit Judges of the Fourth Judicial Circuit. The judges of the circuit court shall certify in writing to the Judge of Probate of Dallas County the name of the circuit judge elected.

(b) The Judge of Probate of Dallas County shall record all certificates of election and safely and permanently keep the original certificates. Upon receipt and recordation of each certificate, the judge of probate shall send a certified copy of the certificate to the Governor.

(c) All members of the commission, except the circuit judge, shall reside in the territorial jurisdiction of the District Court of Dallas County.

Section 3. The terms of office of all members of the commission shall be six years, except that the initial terms of office of the two members of the state bar shall be one and two years respectively, and the initial terms of office for the two members who are not members of the state bar shall be three and four years respectively, and the initial term of the circuit judge elected by the circuit judges shall be for five years. The length of each initial term of office shall be designated by the electing bodies. The terms of the initial members of the commission shall begin on January 16, 2021. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen. No member of the commission shall be eligible to serve consecutive terms.

Section 4. A member of the commission may not receive any salary or other compensation for serving as a member. A member of the commission other than the member required to be a judge of the circuit court may not hold any public office or any official position in any political party. A member of the commission is not eligible for nomination to the Governor for appointment as judge of the district court within six months of being a member of the commission.

Section 5. If, subsequent to January 15, 2021, a vacancy occurs in the Office of Judge of the District Court of Dallas County, the commission, within 60 days, shall nominate to the Governor three persons having the qualifications for the office. The nominations shall be made only by the concurrence of a majority of the members of the commission. If the commission fails to nominate three persons during the 60-day period, the names shall be selected by the Chief Justice or Acting Chief Justice of the Alabama Supreme Court within 10 days. The Governor shall appoint to the office in which the vacancy exists one of the three persons nominated. The appointee shall hold the office until a successor elected at the next general election for any state officer held at least six months after the vacancy occurs takes office.

Section 6. An election upon the proposed amendment shall be held in accordance with Section 284.01 of 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 7. 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 Dallas County, proposing an amendment to the Constitution of Alabama of 1901, to provide that vacancies in the Office of District Court Judge in Dallas County, are filled by the Governor based on nominations made by the Dallas 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.

"Proposed by Act _________"

This description shall be followed by the following language:

"Yes ( ) No ( )."

Section 8. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Dallas County

Constitutional Amendments

Court, District

Elections

Counties