Attorney General Troy King, in his official capacity v. Harvey B. Campbell, Jr.; Chad Woodruff; and the Talladega County Judicial Commission

Summary

The Alabama Supreme Court considered a constitutional challenge to Act No. 2006-355, which created a third circuit judgeship in Alabama's Twenty-Ninth Judicial Circuit and provided for its initial filling by gubernatorial appointment. The court held that the appeal was not barred as moot or by election-jurisdiction limitations and reversed the trial court's judgment declaring the Act unconstitutional, remanding the case for further proceedings.

Holdings

1. Section 17-16-44, Ala. Code 1975, did not eliminate the Court's subject-matter jurisdiction because the action challenged the validity of the law authorizing the election and sought relief concerning the consequences of a potentially void election, rather than merely contesting the conduct or credentials of the election.
2. The State's failure to appeal the preliminary injunction before the election did not moot the appeal or estop the State from pursuing judicial review of the constitutionality of the 2006 Act.
3. Woodruff's status as the Democratic Party nominee did not insulate him from the effect of Act No. 2006-355 or prevent the Legislature from changing or abolishing a statutorily created judgeship.
4. The provision of Act No. 2006-355 directing that the newly created judgeship initially be filled by gubernatorial appointment violated article VI, §§ 152 and 153 of the Alabama Constitution.
5. The unconstitutional appointment provision was severable from the remainder of Act No. 2006-355; the provisions postponing the election until 2010 and commencement of the term until January 2011 remained effective.

Questions Presented

1. Whether the Supreme Court had subject-matter jurisdiction to review a post-election challenge to the validity of Act No. 2006-355 despite Alabama Code § 17-16-44.
2. Whether the State's failure to appeal the preliminary injunction before the election or otherwise promptly challenge the ballot placement rendered the appeal moot or barred review by estoppel.
3. Whether Woodruff's status as the party nominee or quasi-officer insulated him from the legislative amendment changing the manner and timing of filling the judgeship.
4. Whether Act No. 2006-355's provision for initially filling the newly created judgeship by gubernatorial appointment violated article VI, §§ 152 and 153 of the Alabama Constitution.
5. Whether the unconstitutional appointment provision was severable from the remainder of Act No. 2006-355, including the postponement of the election until 2010.

Disposition

reversed_and_remanded