James v. Thompson
Decision Date | 23 January 1981 |
Parties | The Honorable Fob JAMES, as Governor of the State of Alabama v. Charlie Will THOMPSON. 79-943. |
Court | Alabama Supreme Court |
Charles A. Graddick, Atty. Gen., and Rosa G. Hamlett, Asst. Atty. Gen., for appellant.
Lewis H. Hamner, Jr., Roanoke, for appellee.
This appeal, by the Honorable Fob James, as Governor of the State of Alabama, challenges the order of the Montgomery Circuit Court directing him to issue to Appellee Charlie Will Thompson a commission as supernumerary sheriff of Randolph County under the provisions of Act 79-357, Acts 1979 (§ 36-22-60 et seq. Code 1975).
A single issue is presented: Whether Thompson, who meets the age and tenure in office requirements of § 36-22-60, but who stands convicted of a felony (voting fraud), is entitled to a commission as supernumerary sheriff. We resolve the question adversely to Thompson; thus, we reverse and render.
This case was submitted to the trial court upon a stipulation of facts, which states in pertinent parts:
Act No. 79-357, Acts of Alabama 1979, the legislative enactment providing of the appointment and designation of supernumerary sheriffs, prescribes:
The trial court, in ordering the Governor to issue the Commission, held that Thompson "is entitled as a matter of law to assume the office of supernumerary sheriff as set out in Act No. 79-357 of the Alabama legislature." We hold that Thompson, upon his conviction of the infamous crime of voting fraud, became ineligible and disqualified from holding the office of supernumerary sheriff. Section 60 of the Constitution of Alabama 1901 provides:
"No person convicted of...
To continue reading
Request your trial-
Johnson v. BD. OF CONTROL OF EMP. RETIREMENT SYSTEM
...that the official entering upon the supernumerary office performed certain duties prescribed by the legislature. See James v. Thompson, 392 So.2d 1178 (Ala.1981). Because Article IV, § 98, of the constitution prohibited laws granting retirement benefits to such state officials, the validity......
-
Randolph County v. Thompson
...infamous crime of voting fraud, became ineligible and disqualified from holding the office of supernumerary sheriff." James v. Thompson, 392 So.2d 1178, 1180 (Ala.1981). Subsequently, Thompson asked for a return of the funds he had paid into the supernumerary sheriff's fund in Randolph Coun......
-
Opinion of the Justices
...prescribes duties for a governor's councillor, who serves at the pleasure of the governor. Ala.Code 1975, § 36-13-13. In James v. Thompson, 392 So.2d 1178 (Ala.1981), this Court upheld Governor James's refusal to issue a commission to Thompson as a supernumerary sheriff on the ground that T......
-
Cleburne County Com'n v. Norton
...that the official entering upon the supernumerary office performed certain duties prescribed by the legislature. See James v. Thompson, 392 So.2d 1178 (Ala.1981). Because Article IV, § 98, of the constitution prohibited laws granting retirement benefits to such state officials, the validity......