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If no judge with authority to hear the case is available in the county in which the action is pending, the case shall be referred to the AOC for assignment of a judge." In a circuit with only one circuit judge, if the district judge within the county in which the action is pending has been temporarily assigned by the presiding circuit judge to serve in circuit court pursuant to Rule 13, Ala.R.Jud.Admin., the circuit judge shall notify that district judge of the circuit judge's disqualification. A circuit judge who is so notified and who is not disqualified shall become the judge to whom the case is assigned, unless that judge assigns the case to another judge within the circuit who agrees to take the case.
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A circuit judge who is so notified but who is also disqualified shall enter an order notifying the next senior judge within that circuit of that judge's disqualification. The appointment of Judge Bowden to hear the case is inconsistent with this Court's opinion in Ex parte Jim Walter Homes, Inc., 776 So.2d 76 (Ala.2000) In Jim Walter Homes, this Court held: "nce the presiding judge of a judicial circuit has been disqualified from a case under the Canons of Judicial Ethics, either voluntarily or by objection, the appropriate procedure for initiating a reassignment of the case is as follows: In a circuit with more than one circuit judge, the presiding judge shall enter an order notifying the next senior judge within that circuit of the presiding judge's disqualification. Fidelity Federal Bank, CV-00-15, was assigned to Judge Bowden. The fourth case in which Judge Smithart attempted to appoint his successor, Surles v. The petition is denied as to those cases. Therefore, the issue of how Judge Smithart should appoint his successor in these cases is moot. Kirby Co., CV-99-141-have been reassigned by the Administrative Office of Courts. We first note that three of the cases- Key v. Kirby petitions this court to vacate the orders of Judge Smithart in which he has attempted to select his successor in certain cases in which he is disqualified.
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Judge Smithart then appointed Judge Bowden, a district court judge in Barbour County, to hear one of the cases and appointed Judge Emfinger, a district court judge in Bullock County, to hear the remaining three cases. Judge Smithart partially granted that motion, recusing himself in the four cases in which his former law firm serves as counsel of record. Kirby filed a "Suggestion of Disqualification and Motion for Recusal" on grounds that some of the plaintiffs were represented by Judge Smithart's former law firm, which some of the plaintiffs had consulted while the judge was still associated with the firm. This matter involves four similar cases pending in the Third Judicial Circuit, in which Kirby and other defendants have been sued by consumers who allege fraud arising from the retail sale and financing of vacuum cleaners. Bowden and Michael Emfinger to preside over these four cases, in which he had recused himself. Bernard Smithart to vacate his orders assigning District Judges Robert L. Smart then was hired as a defensive backs coach at Valdosta State before being promoted to their defensive coordinator.The Kirby Company ("Kirby"), a defendant in four civil actions pending in the Bullock Circuit Court, seeks a writ of mandamus compelling Judge L. Having played defensive back for Georgia during his own college playing career, Smart began his coaching career as an administrative assistant with the Bulldogs. Georgia made the 2018 national championship game in Smart’s second season but ultimately lost to Alabama, 26-23. Smart is entering his sixth season as head coach of the Georgia Bulldogs as he continues to look for his first national championship. He was always just such a good person.” From Bowden to Georgia saw him at a couple of bowl games we played at and national championship games. I got to see him from time to time even after I left. “ took me in as a graduate assistant, helped me start my career. There was never a moment that you didn’t feel like you could go talk to him. The man, the person … everything you hear about him doesn’t live up to the justice of the way he treated people. What stood out the most to Smart was how good of a person Bowden was. Smart then reminisced on what it was like to meet Bowden and to work directly with him.