Alabama Attorney General Opinion 1979-0138

OFFICE OF THE ATTORNEY GENERAL ICI 00 132 LIEE L. HALE ATTORNEY CHARLES A. GRADDICK 14411 ATTORNEY GENERAL STATE OF ALABAMA MLLOAMMBEKURS.A. EXECUTIVE ASSISTANT W S. TURNER CHIEF ASSISTANT ATTORNEY JANIE NOBLES AOMINI WE ASV APR 1 11979 ADMINI IV[ BUILDING 414 NORTH UNION STREET MONTGOMERY. 31130 AREA WOW. SWIMS Mr. Estes R. Flynt 417 N. Pine Street Florence, Alabama 35630 Probate Judges - SupernuMerary - Public Officers Supernumerary probate judge must relinquish supernumerary position to accept another county Office but may be reappointed to super- numerary status upon leaving office if approved by Governor. Dear Mr. Flynt: Your letter of March -6, 1979 presents the following questions: 1. Would one be required to relinquish the title and compensation as supernumerary Probate Judge while serving as an elected or. appointed County Official (other than the Office of Probate Judge) or only relinquish the compensation of superi- numiterary Probate Judge during the tour of duty in said office. . If required to relinquish the title and compen- sation or compensation only of supernumerary Probate Judge while serving as an elected or appointed County Official (other than the Office , of Probate Judge) how would one regain his title and compensation of supernumerary Probate Judge at the end of his term or tour of duty as such elected or appointed official.. Mr. Estes R. Flynt 417 N. Pine Street Florence, Alabama 35630 Page Two Act 4606, Acts of Alabama 1969, page 1110, provides for the appointment of Supernumerary Probate Judge, possessing the qualifications outlined in Section 1 of said Act and if the Governor finds the qualifications adequate, he shall make the appointment. Section 7 of said Act #606 provides as follows: "The right to elect to become such Super- numerary Probate Judge shall apply only to Pro- bate Judges in counties who have been elected to that office. Such Supernumerary Probate Judge shall hold office for life, and May be removed only by impeachment for the causes specified in the Constitution of Alabama." Webster's Dictionary defines "supernumerary" as a person em- ployed not for regular service but for use in case of need. It is the opinion of this office that a Supernumerary Probates Judge appointed pursuant to the provisions of said Act #606 serves for life and that he is subject to call for duty at any time and, though he would be prohibited from holding another official position at the same time, - he retains the right to again assume supernumerary status. It is certain he could not draw compensation if' he were not serving in such a super- numerary capacity. For further answer to your Question No. 1, it is the opinion of this office that the position of Supernumerary Probate Judge is held at the election of the applicant and, upon his election, to serve for life. Therefore, for answer to your first question you would relinquish the duties and compensation as Supernumerary Probate Judge if you should elect to serve in any other capacity as a county official during the interim and may be reinstated . e CHARLES A. GRADDICK Attor General by- Rand G. i urie Assistant Attorney General Mr. Estes R. Flynt 417 N. Pine Street Florence, Alabama 35630 Page Three by the Governor as is provided in Section 1 of said Act 4606. The answer to your second question is contained in the above conclusions and upon relinquishment of duties and compensa- tion as Supernumerary Probate Judge, for any purpose, you may again become appointed in such capacity by the Governor. This opinion is limited to the provisions of said Act 4606 and no other provisions for retirement or pension are here considered. Yours very truly, RGL:cd