Alabama § 45-41-80.01 - Circuit Judgeship Number 3 - Appointment; Election; Term.

§ 45-41-80.01. Circuit Judgeship Number 3 - Appointment; Election; Term.

Judgeship number 3 for the circuit court shall be filled at the general election held in the year 1998, provided the judgeship has been precleared under Section 5 of the Voting Rights Act of 1965, 42 U.S.C., Section 1973c, at least 60 days prior to the opening of candidate qualifying preceding the 1998 primary election. If the judgeship has not been precleared at least 60 days prior to the opening of candidate qualifying preceding the 1998 primary election, the judgeship shall first be filled by gubernatorial appointment, to take office on or after January 18, 1999, following preclearance. If the judgeship is filled in the 1998 election, the first six-year term of office for the judge serving in judgeship number 3 shall begin the first Monday after the second Tuesday in January following the general election held in 1998. Circuit judgeship number 3 may not be deemed vacant prior to the date set for the six-year term to begin. However, if judgeship number 3 is first filled by gubernatorial appointment, the judge shall serve until the first Monday after the second Tuesday in January following the next general election held after the judge has completed one year in office. At that election, the judge in judgeship number 3 shall serve a full six-year term of office to begin on the first Monday after the second Tuesday in January following the general election. If the first judge appointed to judgeship number 3 assumes that position during a fiscal year for which the general fund appropriation act for that year has previously been enacted into law, there shall be appropriated from the state General Fund to the unified judicial system for that fiscal year those additional funds as may be required to fully fund judgeship number 3 for that year. This amount shall be agreed upon jointly by the Administrative Director of Courts and the Director of Finance.