State v. Green and Rock

The primary question to be determined here is whether certain provisions of act No. 290 of the General Assembly of 1943 conflict • with provisions of the Constitution relating to the selection, designation and qualification of special judges.

The act in question was approved March 23, 1943, and is entitled “An Act to Provide for Emergency Judges.” Section l.of the act provides that an emergency circuit judge is created for each of the judicial districts of the state. Section 2 provides that when any regular judge shall enter active duty in the armed forces of the United States he shall certify…