The State and Local Government Committee on Monday, April 21, 2025, voted 14-0 to advance House Bill 1440, a private act for Morgan County that would convert the county attorney from an elected post to an appointed position with a four-year term and remove the county's residency requirement for that office.
The bill's sponsor, Representative Butler, said the county asked for the measure after its county attorney resigned and the county lacked in-house legal coverage. "This is a private act for Morgan County to amend the following position of the county attorney. It makes the position appointed or hired by the county commission to a 4 year term instead of an elected [position] and removes the residency requirement for Morgan County," Representative Butler said.
Committee members questioned the timing and local circumstances that prompted the request. Representative Bricken asked the sponsor why the county had convened the legislature at this late date for the bill; Butler replied that a county resolution requesting the change arrived the previous Tuesday after the county attorney resigned. Butler said the county had budgeted $10,000 a year for outside legal services and that the role had been effectively part time.
Representative Warner asked for clarification about the office involved, saying: "Did you say lawyer or judge? I thought you said judge." Representative Butler replied, "That would be a lawyer." Butler later explained the change would reverse a practice in place since 1952, when the county attorney had been an elected position, and give the Morgan County Commission the authority to appoint the attorney.
Representative Martin moved the previous question, and the committee proceeded to a recorded vote. The clerk announced the result as 14 ayes and 0 nays. Committee records show the bill "moves on to calendar and rules." No amendments or conditions were recorded in the committee proceeding.
The transcript records that the Morgan County commission requested the private act after the county attorney resigned and that the county had been using a part-time arrangement for legal services paid at about $10,000 annually. The committee did not record further detail on when the change, if enacted, would take effect or whether other statutory steps beyond this private act would be required.
Votes at a glance: House Bill 1440 (private act for Morgan County) '1: Committee vote to advance (moves to calendar and rules) '1: Recorded committee tally 14 ayes, 0 nays.