HB 7

Under existing law, a judge, other than a judge of probate, appointed to fill a vacancy, can serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he or she has completed one year in office

This bill would provide that any vacancy in a judicial seat that occurs within 45 days of a primary or general election shall be filled by a special election

Relating to elections; to amend Section 17-14-6, Code of Alabama 1975; to provide that any vacancy in a judicial seat that occurs within 45 days of a primary or general election shall be filled by a special election.

Section 1

Section 17-14-6, Code of Alabama 1975, is amended to read as follows:

§17-14-6.

(a) The judges of the circuit and district courts, the judge of probate, the judges of the courts of appeals, and clerks of the circuit court shall be elected on the first Tuesday after the first Monday in November 2006, and they shall hold their respective offices for the term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.

(b)(1) Unless otherwise provided in the Constitution of Alabama of 1901, vacancies in any judicial office shall be filled by appointment by the Governor.

(2) The office of a judge shall be vacant if the incumbent dies, resigns, retires, or is removed. The appointment of a judge of probate is for the remainder of the unexpired term.

(c) A judge, other than a judge of probate, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he or she has completed one year in office, except that a vacancy that occurs within 45 days of a primary or general election shall be filled by a special election. At the election the judicial office shall be filled for a full term of office beginning at the end of the appointed term."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.