(a) All vacancies in the office of judge of the circuit court and the office of judge of the district court of Mobile County which occur after January 15, 2023, shall be filled in the manner and for the time provided by this amendment.
(b)
(1) The Mobile County Judicial Commission is hereby created for the purpose of nominating to the Governor individuals for appointment to a vacancy. The members of the commission shall be all of the following:
a. Two individuals who are members of the Alabama State Bar.
b. Two individuals who are not members of the Alabama State Bar.
c. One judge of the circuit court of Mobile County.
(2) All members of the commission must reside in the territorial jurisdiction of the circuit court of Mobile County.
(c)
(1)
a. The two members of the commission who are required to be members of the Alabama State Bar shall be elected by the members of the bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court of Mobile County.
b. The executive committee of the Mobile County Bar Association, or its successor body in that capacity, shall adopt policies and procedures consistent with this amendment for the election of the members of the commission that are required to be members of the Alabama State Bar.
c. The executive committee shall certify in writing to the judge of probate of Mobile County the names of the individuals elected as members of the commission by the members of the bar.
(2) The members of the Legislature from Mobile County shall elect the two members of the commission who are required not to be members of the Alabama State Bar. The senators and representativesshall certify in writing to the judge of probate the names of the individuals elected by them as members.
(3) The judges of the circuit court of Mobile County shall elect the member of the commission who is required to be a judge of the circuit court. The judges of the circuit courtshall certify in writing to the judge of probate the name of the circuit judge elected by the circuit judges as a member. The judge member shall serve as chair of the commission.
(4) The Judge of Probate of Mobile County shallrecord all the certificates of election and shall safely and permanently keep the original certificates. Upon receipt and recordation of every certificate, he or she shall send to the Governor a certified copy of every certificate.
(d)
(1) The terms of office of all members of the commission shall be six years, except that the initial terms of office of the two members of the state bar first elected shall be for one and two years respectively, and of the two members first elected by the senators and representatives in the Legislature from Mobile County shall be for three and four years respectively, and the term of the circuit judge elected by the circuit judges shall be for five years; the length of the terms of office of the members of the commission being indicated by the respective electing bodies.
(2) The terms of the initial members of the commission shall begin on January 16, 2023.
(e) No member of the commission, having served a full term, shall be eligible to succeed himself or herself as a member. No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or district court during the term of office for which the member has been selected to serve.
(f) The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member required to be a judge of the circuit courtshallhold any public office, and no member of the commission shallhold any official position in any political party.
(g)
(1) If, after January 15, 2023, a vacancy occurs or, in the opinion of the chair of the commission, a vacancy is likely to occur in the office of judge of the circuit court or in the office of judge of the district court of Mobile County, the commission shall nominate to the Governor three persons having the qualifications for that office.
(2) The nomination shall be made only by the concurrence of a majority of the members of the commission.
(3) The Governor shall appoint to the office in which the vacancy exists one of the three individuals nominated pursuant to this subsection for that office.
(4) Any vacancy occurring in the office of judge of the circuit or district court of Mobile County, which is required to be filled by appointment on nominations made by a judicial commission, shall be made within 90 days from the date of the submission of the nominations.
(5) In the event the Governor fails to fill the vacancy from the nominations within the 90–day period provided in subdivision (4), the appointment shall be made by the Chief Justice of the Supreme Court of Alabama.
(6) The commission shall establish procedures consistent with this amendment for nominating candidates to the Governor.
(h) This amendmentshall be self-executing.
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