Opinion No. ( 2000 )

The Honorable Allen Gordon State Senator P.O. Box 558 Morrilton, AR 72110

Dear Senator Gordon:

This is in response to your request for an opinion on the following questions regarding the selection of a successor for a county judge who resigns during his term:

1. Who appoints his successor?

2. Can the appointed successor succeed himself?

3. If the Quorum Court makes the appointment, is the election by a majority of the elected Quorum Court members, or the majority in attendance?

4. Can a Quorum Court member vote for himself?

5. Is the vote to elect a successor a simple majority, or does it take 2/3 of the governing body?

RESPONSE:

Question 1: Who appoints his successor?

The Quorum Court fills the vacancy through the process of resolution, in accordance with A.C.A. § 14-14-1310 (Repl. 1998). See also Ark. Const. amend. 55, § 4 (stating that the Quorum Court shall have the power to "fill vacancies in elective county offices"); and Hawkins v. Stover,274 Ark. 125, 622 S.W.2d 668 (1981). The procedure for the adoption or amendment of resolutions is set forth in A.C.A. § 14-14-913 (Repl. 1998).

Question 2: Can the appointed successor succeed himself?

The answer to this question is "no," in accordance with A.C.A. §14-14-1310(a)(2)(E).

Question 3: If the Quorum Court makes the appointment, is the election bya majority of the elected Quorum Court members, or the majority inattendance?

In accordance with A.C.A. § 14-14-913 (d), "[a] proposed resolution must be read and adopted by a majority vote of the whole number of justices comprising a quorum court."

Question 4: Can a Quorum Court member vote for himself?

The answer to this question is "no," in accordance with A.C.A. §14-14-1310(a)(2)(C).

Question 5: Is the vote to elect a successor a simple majority, or doesit take 2/3 of the governing body?

In my opinion, a simple majority is required, following the general definition of "majority vote" as "[v]ote by more than half of voters for the candidate. . . ." Black's Law Dictionary 861 (5^th ed. 1979). I have found no provision requiring a two-thirds vote on a resolution to fill a vacant elective county office.

Assistant Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.

Sincerely,

MARK PRYOR Attorney General

MP:EAW/cyh