Supreme Court of Alabama

Ex Parte Alabama Director of Finance Clinton Carter and Alabama Office of Indigent Defense Services Director Chris…

November 22, 2017261 So. 3d 331

Summary

The Alabama Supreme Court granted a writ of mandamus directing the Jackson Circuit Court to vacate its denial of a venue change and transfer the civil action against state officials to Montgomery County. The Court held that, absent statutory authority, venue for actions against state officers lies in the officer’s county of residence and that no waiver of venue occurred. The decision relied on Ex parte Neely and rejected the trial court’s claim that the Attorney General’s earlier inaction bound the State defendants.