The Alabama Supreme Court ruled today (.pdf) that Attorney General Troy King has no authority over Governor Bob Riley’s Task Force on Illegal Gambling.
In so doing, the Court answered two questions:
- Can the governor authorize legal and law-enforcement action without the approval of the attorney general or local district attorneys? (yes)
- Does the attorney general have the right to assume control of legal and law-enforcement actions initiated by the governor? (no)
But here’s how the Court worded it:
…we hold that the actions of the attorneys and other officers authorized by Governor Riley to act in this case are not “nullities,” despite the lack of approval by the Attorney General and the District Attorney, and that the Attorney General may not take over or countermand the litigation efforts of those officers in either the trial court or in this Court. The counsel authorized by the Governor have the right to represent the State in this case and to see it through to completion.
That’s a major win for Riley, and for the office of governor in Alabama:
Our decision today in consistent with the fundamental but simple notion that “there is a constitutional hierarchy within the executive branch and one office — the Governor — is at its top.” The “supreme executive power” is more than a “mere verbal adornment” of the office of Governor.
This case stemmed from the raid on White Hall Entertainment Center in March, 2009, but the Supreme Court only considers questions of law. The substance of any lawsuit in Lowndes County over White Hall and the legality or illegality of its electronic gaming machines will be decided there.
UPDATED 6:40pm for an attempt at clarity and to ad links to opinion and the al.com story.
Related Articles: