Quo Warranto – Exclusive Remedy to Challenge Whether Judge Lawfully Holds Judicial Office

Hudson v. Ivey, etc., et al., [Ms. SC-2022-0836, Mar. 24, 2023] __ So. 3d __ (Ala. 2023). The Court (Stewart, J.; Shaw, Wise, Bryan, Sellers, and Mendheim, JJ., concur; Mitchell, J., concurs specially; Parker, C.J., and Cook, J., recuse) affirms the Montgomery Circuit Court’s dismissal for lack of subject matter jurisdiction of declaratory judgment action filed by Tiara Young Hudson (“Hudson”) challenging Governor Ivey’s reallocation of a judgeship from Jefferson County to Madison County. Hudson named as defendants Governor Ivey and Judge Patrick Tuten, who had been appointed to the reallocated judgeship. Hudson, an attorney residing in Jefferson County, had been a candidate for appointment and election to the Jefferson County judgeship before its reallocation to Madison County. Ms. *2.

The Court affirms and explains “Hudson’s action expressly sought relief concerning whether Judge Tuten lawfully holds or exercises his judicial office. Therefore, under Alabama law, Hudson’s exclusive remedy was to petition for a writ of quo warranto.” Ms. *14.

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