Madison County supervisors set timeline to fill potential county attorney vacancy after pre-election resignation
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Summary
County legal counsel advised the board on the rules after the sitting county attorney resigned before the election; supervisors agreed to publish application dates and aim to interview candidates in mid-November, with a formal appointment required within 40 days if the vacancy becomes official.
The Madison County Board of Supervisors discussed steps to fill a potential county attorney vacancy after the county attorney resigned three weeks before the election and remained the only candidate on the ballot.
Legal counsel told the board that if the elected candidate declines the office after the election, the vacancy would become official and the board would have 40 days to appoint a replacement. "You have 40 days to appoint a county attorney," counsel said, urging the commission to publish timelines and accept applications promptly.
Board members worked through a proposed schedule: publish notice on Nov. 12, set a deadline for applications around Nov. 18, and hold candidate interviews during the week of Nov. 19. Counsel emphasized the residency requirement: an appointee must be a Madison County resident on the date of appointment. "You'll have to make an appointment within 40 days of the twelfth," counsel said, and added that applicants should be informed they must establish residency by their appointment date.
Supervisors discussed whether to use appointment or election, noting appointment is faster and likely more practical. Counsel suggested the board hold a special meeting on Nov. 6 to set publication details and then publish on Nov. 12, with a later meeting to review applications and conduct interviews. The board also discussed allowing candidates to request closed sessions for interviews; counsel said closed sessions are permitted at the applicant's request but otherwise interviews are open to the public.
The board did not make a final appointment at the meeting but agreed to move forward with the recommended publication and interview timeline so it can act within the statutory 40-day window if the vacancy is confirmed.
The board also discussed contingency arrangements — such as 28E agreements with neighboring counties or interim coverage — if a suitable local candidate is not identified within the timeframe.
Next step: staff and counsel will prepare publication language and a schedule for an upcoming special meeting to authorize posting and application deadlines.