Alabama Attorney General Opinion 1979-0077

OFFICE OF THE ATTORNEY GENERAL /9- 00017 LEE L. HALE ATTORNEY GENERAL WILLIAM M. MERLINS. JR. EXECUTIVE ASSI WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES AOMINI 1VE ASSISTANT Honorable Joel Folmar District Attorney Twelfth Judicial Courthouse Elba, Alabama 36323 CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA March 2, 1979 Jaz) 4 (Ds AOMINI WE BUILDING $4 NORTH UNION STREET MONTGOMERY. 75130 AREA IZOSI.5341150 Sheriffs - Coroners Where a sheriff dies in office and the county has two coroners, both should be sworn in to fill the vacancy until a successor is appointed. Dear Mr. Folmar: This office has received your opinion request of March 1, 1979 in which you ask the question: Who should discharge the duties of the sheriff of Coffee County when the sheriff has died and there are two coroners, each having a separate jurisdiction within the county? The answer to your question is that both coroners should be sworn to discharge the sheriff's duties jointly until such time as a successor to the sheriff is appointed. Code of Alabama 1975, § 11-5-5 requires the county coroner to discharge the duties of the sheriff when the sheriff's office is vacant or the sheriff is otherwise unable to act; It makes no reference to the specific problem at hand since in most counties there is only one coroner. Section 11-5-5 does not, however, con- tain any provision which would prevent both coroners from being sworn and discharging the sheriff's duties jointly until a successor Honorable Joel Folmar March 2, 1979 Page Two is appointed. Given a situation such as you present, having both coroners, serve would be entirely consistent with the language and purpose of § 11-5-5. I hope this fully answers your question. If this office can be of any further assistance to you, please do not hesitate to contact us. Sincerely, CHARLES A. GRADDICK Attorney General By- JOHN GIBBS Assistant Attorney General JG:dd