OPINION OF THE JUSTICES NO. 229, 342 So.2d 361 (Ala. 1977)

H.R. 22 REQUESTING AN ADVISORY OPINION OF THE JUSTICES OF THE SUPREME COURT RELATIVE TO H.B. 262.

"BE IT RESOLVED BY THE HOSE OF REPRESENTATIVES OF THE LEGISLATURE OF ALABAMA, That we respectfully request the Honorable Chief Justice and Associate Justices of the Supreme Court or a majority of them, to give this body their written opinions on the following important constitutional question which has arisen concerning the pending bill, H.B. 262, a copy of which is attached to this resolution and made a part hereof by reference:

"1. Does Section 1 of H.B. 262 conflict with Article 6, Section 150 (2) of the Constitution of Alabama 1901 as amended by Amendment No. 328 adopted in 1973?

"RESOLVED FURTHER, That the Clerk of the House of Representatives is hereby directed to send five true copies of the pending bill, H.B. 262, to the Clerk of the Supreme Court of Alabama, and to transmit this request to the Justices of the Supreme Court forthwith upon adoption of this resolution.

"Relating to Dale County, providing for a one-to-one method of striking jurors in criminal cases.

"Section 1. In every criminal case prosecuted in Dale County the jury shallPage 362be drawn, selected and empaneled as follows: Upon the trial by jury in any court in Dale County of any person indicted for a misdemeanor or felony or in case of appeals from lower courts, the court shall require two lists of all the regular jurors empaneled for the week, who are competent to try the defendant, to be made and the solicitor shall be required to first strike from the list the name of one juror and the defendant shall strike one juror and they shall continue to strike off names alternatively until only twelve jurors remain on the list, and these twelve thus selected shall be the jury charged to try the case.

"Section 2. All laws or parts of laws which conflict with this act are hereby repealed.

"Section 3. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law."

"Power to make rules. The supreme court shall make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, however, that such rules shall not abridge, enlarge or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided, further, that the right of trial by jury as at common law and declared by section 11 of the Constitution of Alabama 1901 shall be preserved to the parties inviolate. These rules may be changed by a general act of statewide application."

"(h) Except to the extent inconsistent with the provisions of this article, all provisions of law and rules of court in force on the effective date of this article shall continue in effect until superseded in the manner authorized by the Constitution."