Douglas v. Griggers, [Ms. SC-2023-0259, Mar. 29, 2024] __ So. 3d __ (Ala. 2024). The Court (Bryan, J.; Parker, C.J., and Wise, Mendheim, Stewart, Mitchell, and Cook, JJ., concur; Shaw and Sellers, JJ., concur in the result). The Court (Parker, C.J., Wise, Mendheim, Stewart, Mitchell, and cook, JJ., concur; Shaw and Sellers, JJ., concur in the result) reverses the Sumter Circuit Court’s judgment removing Nicholas Douglas (“Douglas”) from the office of constable.
Douglas argues that the district attorney, Gregory Griggers (“Griggers”), did not have authority to commence the quo warranto action without following the specific procedures outlined in § 6-6-591, Ala. Code 1975. Ms. *6. The Court agrees and reiterates that “a circuit-court judge’s direction to commence a quo warranto action is a condition precedent to commencing such a proceeding in the absence of security for the costs of the action. … Section 6-6-591(b) [Ala. Code 1975] ‘contemplate[s] that the judge shall have advance information leading him to believe the charge can be proven and the proceeding is for the public good.’” Ms. *15, quoting Donovan v. State ex rel. Biggs, 215 Ala. 55, 55, 109 So. 290, 290 (1926) (internal citation omitted).
The Court accordingly concludes that “the absence of a circuit-court judge’s direction to Griggers to commence this quo warranto action or the absence security for the costs of this action deprived the trial court of subject-matter jurisdiction over the action.” Ms. **20-21.