AMENDMENT 334 RATIFIED
Procedure for Filling Vacancies in Office of Judge of Circuit Court in Madison County; Madison County Judicial Commission.
All vacancies in the office of judge of the circuit court holding in Madison county which shall occur subsequent to January 15, 1974, shall be filled in the manner and for the time as herein provided.
The Madison 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 holding in Madison county.
All members of such commission must reside in the territorial jurisdiction of the circuit court holding in Madison 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 holding in Madison county. The executive committee of the Madison 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 Madison county the names of the persons elected as members of such commission by such members of such bar.
The senator and representatives in the Alabama legislature residing in Madison county shall elect the two members of such commission who are required not to be members of the Alabama state bar. Such senator 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 holding in Madison 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 senator and representatives in the Alabama legislature residing in Madison 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, 1974. 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 Madison 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 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, 1974, a vacancy occurs in the office of judge of the circuit court holding in Madison 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. If the governor shall fail to make an appointment from the list within 30 days from the date it is presented to him, the appointment shall be made by the chief justice or the acting chief justice of the supreme court from the same list. 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.
