In November 2020, Nicholas Douglas was elected to the office of constable of Sumter County. In February 2021, Gregory S. Griggers, the district attorney for the 17th Judicial Circuit, filed a petition for the writ of quo warranto, on behalf of the State of Alabama, alleging that Douglas was not eligible to hold the office of constable because he was not a resident of Sumter County and had "a long history of engaging in conduct that is detrimental to the public good." The trial court denied Douglas's motion to dismiss the petition and after a bench trial, Douglas was removed from office.
Douglas appealed, arguing that the trial court lacked subject-matter jurisdiction over the quo warranto action. The Supreme Court of Alabama agreed, finding that the action did not comply with the requirements set forth in § 6-6-591, Ala. Code 1975. This statute provides two alternative methods for commencing a quo warranto action: at the direction of a circuit-court judge or without the direction of a circuit-court judge on the information of any person giving security for the costs of the action. In this case, neither of these methods were followed. The court concluded that Griggers was not statutorily authorized to unilaterally commence this quo warranto action on the State's behalf without the direction of a circuit-court judge or without providing security for the costs of the action. Therefore, the trial court's judgment was reversed, and the case was remanded with instructions for the trial court to enter an order vacating its judgment. View "Douglas v. Griggers" on Justia Law
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