TALLADEGA COUNTY — In a 7-2 decision published Friday, the Alabama Supreme Court voided the election of Chad Woodruff to the office of Circuit Judge Place 3, overturning a circuit court ruling from February.Chief Justice Sue Bell Cobb and Justice Tom Parker dissented.
The majority of the court agreed the provision of a 2006 act filling the third judgeship by gubernatorial appointment rather than by an election was unconstitutional, but went on to find that the appointment language was severable from the rest of the act, meaning the office is to be filled by election in 2010.
Cobb and Parker agreed with the majority on the appointment issue, but also agreed with the circuit court ruling that the appointment provisions and the 2010 election provision were intertwined and unseverable.
The office of a third circuit judge for Talladega County was created in 1985, but three bills passed over the next 20 years delayed implementation. The last delay bill prior to 2006 called for an election that November.
The majority opinion does say, however, “If we sever and save, we preserve the status quo contemplated by the 2006 act — no immediate occupant of the office. Under this alternative, if it comports with legislative will to have an occupant in place earlier than January 2011, the Legislature could act early in the 2008 regular legislative session so as to permit filling the seat in the 2008 election or provide for a special election at some time before the 2010 election.”
During the 2006 regular session of the Legislature, a bill was introduced and passed that would further delay filling the position until 2009, when the governor would make an appointment based on the recommendation of the Talladega County Judicial Selection Committee. That candidate would then stand for election the following year.
Woodruff qualified for the office and was certified as the Democratic Party’s candidate after the 2006 act had passed both houses of the Legislature but before it had been signed into law by the governor. He ran unopposed that November and won more than 14,000 votes.
Litigation had already gotten under way by the time the election was held, starting with an injunction forcing the secretary of state to leave Woodruff’s name on the ballot.
Talladega County’s other two circuit judges, Julian King and Bo Hollingsworth, both recused themselves from hearing the cases, so Circuit Judge Jerry White was appointed to handle it. Following a day-long trial, White eventually ruled the 2006 act as a whole was unconstitutional, and ordered Woodruff sworn in immediately.
“Right now, my concern is for the three ladies that work in my office and for my family,” Woodruff said in a written statement Friday afternoon. “During the nine months I have served the citizens of Talladega County as their third circuit judge, there have been considerable efforts made in the reduction of cases pending in the circuit court. I am confident that I have made a positive impact on the judicial system of our county. At this time, I am unsure what tomorrow may bring, but I’ll be ready and prepared to continue my desire to serve the citizens of this county. It will be important for my friends and those who support me to keep my employees and our families in their prayers.”
Woodruff’s statement goes on to say, “My struggle to be elected circuit judge started when the right of the citizens of this county was taken from them by legislative act. In the opinion released today, the Alabama Supreme Court agreed unanimously that judges must be elected and not appointed. However, the … court has determined that the remaining portion of the act calling for an election in 2010 was ‘severable’ from the unconstitutional portion. The Alabama Supreme Court did provide an outline for the Alabama State Legislature to expedite the election for 2008 rather than 2010. There are still numerous legal options available and I assure those 14,000 plus people that voted for me that I will explore each and every one of them to do my level best to make sure their vote is protected.”
In a separate written opinion, King wrote, “We knew from the outset that it was improper and unconstitutional to fill the third circuit judgeship by an appointment as opposed to an election. The Supreme Court ruled that the appointment provision as mandated by the legislative act is unconstitutional. However, the Supreme Court severed the unconstitutional portion from the act, and ruled that the judgeship would be filled by an election in 2010 as opposed to 2006 as mandated by a prior legislative act. Chief Justice Cobb and Justice Parker issued a dissenting opinion stating the entire act was unconstitutional.”
Like Woodruff, King pointed out the necessity of elected judges had been upheld all along the way. “The right to elect the third circuit judgeship has been upheld by … White and the entire Supreme Court. We believe strongly that our citizens have the right to vote and the right to vote should be protected. It is most regretful that the votes cast in the 2006 general election have been negated by a portion of the 2006 legislative act. We are presently reviewing our options and attempting to determine the status of Judge Woodruff, his staff and our judicial system in this county. We were just beginning to see reductions in our heavy caseloads. Without the third circuit judge, cases will be further delayed and our citizens will suffer from these delays.”
King said there will likely be a motion for the state Supreme Court to rehear the case. If that motion is turned down, or if the court rehears the case but reaches the same conclusion, White would have to craft an order bringing his findings into compliance with the Supreme Court’s.
Attorney Buddy Campbell, who filed the suit; Sen. Jim Preuitt, who introduced the 2006 act into the Legislature; and Circuit Clerk Clarence Haynes, the only witness called by the state on behalf of the parties favoring the delay, were all unavailable for comment Friday.
The Supreme Court’s ruling was a victory for Republican Attorney General Troy King, who had asked the state’s highest court to review the case.
Deputy Attorney General Keith Miller said the Supreme Court’s decision should not affect the cases Woodruff decided since taking office because he was acting as an official judge.
