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JAMES v. LANGFORD

Nos. 1960728, 1960797.

695 So.2d 1164 (1997)

Governor Fob JAMES, et al. v. Charles LANGFORD, et al. Charles LANGFORD, et al. v. Governor Fob JAMES, et al.

Supreme Court of Alabama.

May 30, 1997.

Attorney(s) appearing for the Case

Champ Lyons, Jr., of Helmsing, Lyons, Sims & Leach, Mobile; and William P. Gray, Jr., Legal Advisor to the Governor, for Governor Fob James, Jr.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., for Phil Richardson; and David H. Marsh, Birmingham, for Albert McDonald.

Phillip E. Adams, Jr., of Walker, Hill, Adams, Umbach, Meadows & Walton, Opelika; William J. Baxley and Joel E. Dillard of Baxley, Dillard, Dauphin & McKnight, Birmingham; and George L. Beck, Jr., of Beck & Byrne, P.C., Montgomery, for Charles Langford, Robert Lowder, and James T. Tatum.

Joe Espy III of Melton, Espy, Williams & Hayes, P.C., Montgomery; and Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery, for Michael Figures (now deceased), W. H. Lindsey, and Hinton Mitchem, individually and in their official capacities as members of the Alabama Senate.

On Application for Rehearing

HOUSTON, Justice.

APPLICATION OVERRULED.

ALMON, SHORES, KENNEDY, COOK, and BUTTS, JJ., concur.

HOOPER, C.J., and SEE, J., dissent.

MADDOX, J., recuses.

SEE, Justice (dissenting).

The Court should grant the application for rehearing to address whether Amendment No. 161 to the Constitution of Alabama vests unilateral power in the Governor or in the Senate to effectively reappoint an...

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