Committee advances bill to make Morgan County attorney an appointed four-year position and remove residency requirement

The State and Local Government Committee voted 14-0 on April 21 to advance House Bill 1440, a private act that would change the Morgan County attorney from an elected office to an appointed, four-year position and remove the county residency requirement, Representative Stan Butler said.

The bill sponsor, Representative Stan Butler, described the measure as a response to a recent vacancy. "This is a private act for Morgan County, to amend, the following position of the county attorney. It makes the position appointed or hired by the county commission to a 4 year term instead of an elected 1 and removes the residency requirement, for Morgan County," Butler said when the committee took up the bill.

Committee members questioned the timing and background for the request. Representative Bricken asked the sponsor, "To the sponsor, why at this late date is your county making us reconvene just for your bill?" Butler said the county commission submitted a resolution on short notice after the county attorney resigned, and that the county had budgeted $10,000 a year for legal services because it had treated the role as part time. "So it's a part time, part time position. So they do not have an attorney currently. And so this, private act would resolve that issue for them," Butler said.

Representative Warner pressed for clarification about the officeholder's role, asking, "Did you say lawyer or judge? I thought you said judge." Butler replied, "That would be a lawyer."

Butler also told the committee the position has been elected since 1952 and the change would allow the county commission to appoint the attorney. "Because currently, since 1952, they've it's been elected position. This would allow the position to be appointed by the county commission," Butler said.

After discussion, the committee moved the bill and took a recorded voice vote. The clerk announced the result: "Mister chair, you have 14 ayes, 0 nays." The chair directed that House Bill 1440 move to calendar and rules.

Votes at a glance: House Bill 1440 — Advance to calendar and rules; vote 14-0 (ayes-nays).

The meeting included brief announcements and a recognition of a guest, Angie Lawless. No amendments or substitute motions were recorded in committee during this consideration; the committee’s action was to advance the private act to the next legislative stage.