Alabama Constitution Section 165 Election and term of office of clerks of circuit courts clerk may serve as register in chancery filling of vacancies in office of clerk
Here is the full text and explanation of Section 165 of the Alabama Constitution, which concerns the election, term, and duties of clerks of circuit courts, as well as how vacancies in the office are filled:
📜 Alabama Constitution – Section 165
Election and term of office of clerks of circuit courts; clerk may serve as register in chancery; filling of vacancies in office of clerk
There shall be elected by the qualified electors of each county, a clerk of the circuit court, who shall hold office for the term of six years, and may also, if so designated by the legislature, serve as register in chancery; but in any county having two or more courts of record with civil jurisdiction, the legislature may provide by law for the election of one clerk for all such courts.
Vacancies in the office of clerk may be filled by the judge of the circuit court, and the person so appointed shall hold office until the next general election, and until a successor is elected and qualified.
🧾 Explanation:
This section outlines the selection process, term, and duties of circuit court clerks:
✅ Key Points:
Election by the people:
Clerks are elected by county voters.
Serve a 6-year term.
Dual role possible:
The legislature may authorize the clerk to also act as register in chancery (an officer handling equity/chancery matters).
Single clerk for multiple courts:
In counties with 2+ civil courts, the legislature may consolidate them under one elected clerk.
Vacancy filling:
If the clerk’s office becomes vacant, the circuit judge appoints a replacement.
The appointee serves until the next general election and until a successor is elected and qualified.
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