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KING v. CAMPBELL

1060804.

988 So.2d 969 (2007)

Attorney General Troy KING, in his official capacity v. Harvey B. CAMPBELL, Jr.; Chad Woodruff; and the Talladega County Judicial Commission.

Supreme Court of Alabama.

Rehearing Denied February 1, 2008.

Attorney(s) appearing for the Case

Troy King, atty gen., and Margaret L. Fleming and Misty S. Fairbanks, asst. attys. gen., for appellant.

Huel M. Love, Jr., Talladega, for appellee Harvey B. Campbell, Jr.

George C. Douglas, Jr., Birmingham, for appellee Chad Woodruff.

Harriet Thomas Ivy and Henry I Frohsin of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, for appellee Talladega County Judicial System.

Robert L. Rumsey III of Rumsey & Wilkins, Sylacauga; and Steven D. Adcock, Talladega, for appellees.

LYONS, Justice.

Attorney General Troy King appeals from a judgment entered by the trial court declaring unconstitutional an act of the legislature creating an additional circuit judgeship in the 29th Judicial Circuit. We reverse and remand.

I. Factual Background

On five separate occasions the legislature has provided for the creation of a third judgeship for the 29th Judicial Circuit (Talladega County). Each time, the legislature pushed back...

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