Mobile County Constables Ass'n v. Alabama Department of Public Safety

Citations: 670 So. 2d 28; 1995 Ala. LEXIS 416; 1995 WL 631169Docket: 1930605

Court: Supreme Court of Alabama; October 27, 1995; Alabama; State Supreme Court

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The Mobile County Constables Association and other defendants are appealing a declaratory judgment and injunction issued by the Mobile County Circuit Court, which affirmed that the defendants are not authorized to use red or blue lights on their vehicles unless designated as "authorized emergency vehicles" under Alabama law. The plaintiffs, including the Alabama Department of Public Safety and various law enforcement officials, contended that Mobile County constables lack the authority to appoint deputy constables, declaring all prior appointments null and void. The plaintiffs sought both declaratory and injunctive relief to prevent the defendants from making such appointments and from using emergency lights on their vehicles. The defendants argued they possess implicit authority to appoint deputy constables and claimed their vehicles qualify as police vehicles permitted to use blue lights. They also argued that their vehicles should be considered publicly owned due to registration in the names of their precincts. The trial court's findings supported the plaintiffs' claims, leading to the affirmation of the judgment against the defendants.

1. The office of constable in Alabama is established by statute, not the constitution, meaning constables possess only those powers explicitly granted by law.  
2. There is no statute permitting Mobile County constables to appoint deputies; while other counties in Alabama have specific local acts allowing such appointments, Mobile County does not.  
3. The Attorney General has opined that constables can appoint deputy constables only if local legislation permits such appointments, a stance that, while advisory, carries significant weight.  
4. A prior court ruling from November 1992 affirmed that constables can only appoint deputies if authorized by law, reiterating that no such authorization exists in Mobile County. Despite this, some constables in the county have continued to appoint deputy constables.  
5. The court asserts that without legislative authority, constables cannot appoint deputies, and therefore, the plaintiffs are entitled to injunctive and declaratory relief to prevent any such appointments.  
6. Only authorized emergency vehicles may be equipped with emergency lights or sirens; specifically, no vehicle other than a police vehicle can use a blue light.  
7. "Authorized emergency vehicle" is defined to include publicly owned fire department vehicles, police vehicles, and ambulances, as well as other vehicles designated by the appropriate authorities. A blue light may only be used in a private vehicle if it has been officially designated as an authorized emergency vehicle.

Defendants, who are constables, operate privately owned vehicles, not publicly owned ones, as established by evidence and testimony. Attorney General opinions clarify that constables can only equip their private vehicles with blue lights if designated as "authorized emergency vehicles" by appropriate authorities. Although some constables have registered their vehicles to their precincts, the court maintains these remain privately owned. The court concludes that none of the defendants have authorization to use blue lights on their vehicles. While acknowledging the defendants' need for blue lights to enforce vehicle laws, the court emphasizes adherence to state law and states that the resolution of this issue lies with the legislature, not the judiciary. The plaintiffs are granted both injunctive and declaratory relief, prohibiting the defendants from using blue lights on their vehicles until properly designated. Additionally, the court rules that constables have no authority to appoint deputy constables, rendering any prior appointments void. Defendants are permanently enjoined from appointing deputies and using blue lights on their vehicles until compliance with the law is achieved. The trial court's judgment is affirmed.