Opinion

Morgan County Commission v. Powell

  • 292 Ala. 300
  • 293 So. 2d 830
  • 1974 Ala. LEXIS 1067
Court
Supreme Court of Alabama
Filed
Apr 4, 1974
Status
Published
Author
Jones
On the bench
Bloodworth, Coleman, Faulkner, Harwood, Heflin, Jones, Maddox, McCALL, Merrill
Cited by
64 cases

recognizing that when other branches of government are remiss in their constitutional duties, the judiciary must act

How later courts described this case

  • recognizing that when other branches of government are remiss in their constitutional duties, the judiciary must act
  • "An amicus curiae is limited to the issues made by the parties to a suit, and issues not made in proceedings below, nor raised in brief of appellant, cannot be injected into a review by any action on the part of the amicus curiae."
  • "The authority to determine the amount of appropriations necessary for the performance of the essential functions of government is vested fully and exclusively in the legislature."
  • words "subject to approval" of county governing body made governing board approval a prerequisite

Written by the judges who cited it.

The opinion

JONES, Justice

(concurring specially).

My concurrence with the majority opinion is limited to the single issue of the denial of the motion of recusal. Paramount to any system of justice is the total impartiality of the court which sits in judgment of any controversy. The appearance of fairness is virtually as important as is fairness itself. One of the essential ingredients of an effective judiciary is the high level of respect accorded it by the citizenry. Except for the impartiality of those who occupy the role of judge, both in act and appearance, the level of respect necessary to a strong and effective judiciary will fail. It is the essence of the system that any position of interest or bias is sufficient cause for disqualification of a judge, and the right to raise and insist upon the causes of disqualification must be zealously guarded. The participation of the appellees in the attempted selection of the secretaries, the fixing of the salaries, and their natural interests in the outcome of the litigation clearly disqualified the judges in the instant case from proceeding to an adjudication of the matter. The motion of recusal should have been granted.

I feel strongly that the remaining portion of the majority opinion is an unfortunate step backward in judicial administration and a crippling blow to the separate and equal concept of our three branches of government. I am in complete agreement with the views expressed in the dissenting opinion of Mr. Chief Justice Heflin.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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