Murphy v. City of Mobile

This is an appeal from an order of the Circuit Court of Mobile County denying the petition for a writ of mandamus to the City Council of the City of Mobile ordering the council to give effect to a council resolution appointing Murphy to the office of municipal judge.

The City of Mobile's municipal court operates with two part-time municipal judges, who are appointed by the City Council.

Both parties concede that the City Council has the power of appointment to the office of municipal judge. The sole issue is whether this power of appointment is governed by the five-vote requirement of §…