Laws Introduced To Change Who Would Be Sheriff If Something Happened To The Sheriff

Rickey Stokes

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Posted by: RStokes
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Date: Feb 25 2021 12:07 AM

MONTGOMERY:    Under current Alabama law, should something happen to the Sheriff of a county, the Coroner would assume the duties of Sheriff.

The Coroner would remain Sheriff until the Governor of the State of Alabama appointed a Sheriff.

In cases where a Supernumerary Sheriff existed then he or she would be the Sheriff until the Governor appointed someone to be Sheriff. In Geneva County retired Sheriff Greg Ward is Supernumerary Sheriff and in Dale County retired Sheriff Bryant Mixon is Supernumerary Sheriff. Not sure about retired Henry County Sheriff Lawton Ed Armstrong.

The 2021 Alabama Legislature has a legislative bill in the Alabama House, HB 304, and in the Alabama Senate, SB161 which would change who would be the Sheriff should something happen the current Sheriff died or for some reason could not perform his or her duties as Sheriff.

The legislation which has been introduced calls for the highest ranking officer of the Sheriff Department to become Sheriff in the event the current Sheriff could not perform the duties or passed away.

THE MURDER OF LOWNDES COUNTY SHERIFF 

Following the murder of the Lowndes County Sheriff I was in a discussion and told there would possibly be legislation changing who would be the Sheriff if a vacancy existed until the Governor made an appointment. Reference was the Lowndes County Sheriff was very young.

In the discussion I pointed out several things about Sheriff, Coroner, District Attorney and Attorney General:

(1) There are no requirements for any education or training for a Sheriff. That includes to seek Office of Sheriff or after elected and assumed the duties of Sheriff.

(2) To be Sheriff the age is 18 years of age. Which means you can be a Sheriff in Alabama, command a 200 man and woman department, yet the Sheriff can not legally buy cigarettes, could be arrested for minor in possession of alcohol, and can not legally purchase a firearm.

(3) To be Coroner, the Alabama laws were changed to you had to be at least 25 years of age to be eligible to seek election as Coroner.

(4) There are so many required hours of continuing education each year for the Coroner.

(5) To seek election as Sheriff you are not required to live in the county you are seeking election until you are elected and about to be sworn in as Sheriff.

DISTRICT ATTORNEY 

The requirements in Alabama to be the District Attorney:

(1) A resident of the United States for seven years.

(2) A resident of the State of Alabama for five years.

(3) At least 25 years of age.

(4) Have a law degree

ATTORNEY GENERAL  

(1) A resident of the United States for seven years.

(2) A resident of the State of Alabama for five years.

(3) At least 25 years of age.

NO LAW DEGREE REQUIREMENT TO BE ATTORNEY GENERAL.

CLICK FOR QUALIFICATIONS FOR PUBLIC OFFICE

ALABAMA SHERIFF ENTERED A GUILTY PLEA TO RACKETEERING, BRIBERY, TAX EVASION

This really has no bearing on who would assume the duties of Sheriff, but to me is an interesting twist of Alabama politics.

In Fayette County Alabama, Hubert M. Norris was elected as Fayette County Sheriff in 1974, 1978, 1982 and 1986. 

After four consecutive terms, in May 1989 Sheriff Hubert Norris resigned as Fayette County Sheriff and entered into a guilty plea in Federal Court to the charges of racketeering, bribery and tax evasion. Norris was sentenced to 37 months in federal prison.

On March 14, 1994 Hubert M. Norris was granted a full pardon with the Alabama State Board of Pardons and Parole. The pardon restored Norris' civil and political rights.

In November 2002 the registered voters re-elected Hubert M. Norris as Sheriff of Fayette County. He served four years, from 2003 - 2007 at which time he retired.

I have heard and not been able to confirm, that while Norris was able to carry his firearm during his term as Sheriff, once retired he was not allowed to carry a firearm. That while he was pardoned in Alabama he never received a federal pardon which would allow him to carry his weapon after leaving office as Sheriff.

Just interesting Alabama history.

As to the law being introduced who would assume the duties of Sheriff, that is for your information. Not stating an opinion either way.

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