Alabama Attorney General Opinion 1979-0022

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 361 [LOGO] CHARLES A. GRADDICK ATTORNEY GENERAL File # 21 January 22, 1979 79-00022 Honorable Henry W. Blizzard Circuit Judge 39th Judicial Circuit Limestone County P.O. Box 916 Athens, Alabama 35611 Circuit Judges Judge appointed to 39th Judicial Circuit is to serve until January 1981. Dear Judge Blizzard: I am replying to your request for an opinion from the Attorney General concerning the length of your term of office as judge of the newly created 39th Judicial Circuit for which you were appointed in June 1978. The provisions creating the new judicial circuit and governing the appointment of a judge to serve in that circuit are found in Act No. 377 of the 1978 Legislative Session. Section 6 of this Act reads: There is hereby created the office of judge of the Thirty-ninth Judicial Circuit. Such office, if not filled by exercise of the option authorized by Section 2 hereof, shall be filled by appointment of the governor for a term to expire on the first Monday after the second Tuesday in January following the next general election held after the appointee has completed one year in office. At such election such judicial office shall be filled for a full term beginning at the end of the appointed term. This above section reiterates the provision found in Section 6.14 of Amendment 328 to the Constitution of Alabama Honorable Henry W. Blizzard January 22, 1979 Page 2 1901 for the length of the term of one appointed to fill a vacant judgeship. It also provides that a judge who is appointed to fill a vacancy shall serve the initial term lasting until the first Monday after the second Tuesday in January following the next general election after he has completed one year in office. The next general election after the appointed judge of the 39th Judicial Circuit has served one year will be the general election of 1980 in which the President of the United States and other national officers and some state officers will be elected. Thus, the judge of the 39th Judicial Circuit will have to run for office in this election in accordance with Act No. 377, supra, although the other circuit judges of this state are to be elected in 1982 by virtue of Code of Alabama 1975, Section 17-2-7. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, CHARLES A. GRADDICK Attorney General By- Lynda F Knight LYNDA F. KNIGHT Assistant Attorney General LFK/aw