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Ex parte Flexible Products Co.6/3/2005
Parham v. State, 47 Ala. App. 76, 250 So. 2d 613, 617 (Ala. Crim. App. 1971), or striking jurors, Russaw v. State, 572 So. 2d 1288 (Ala. Crim. App. 1990), may not be delegated in the absence of specific statutory authority. To the extent that the CMO would appoint a special master who would conduct jury trials with respect to the claims of the specified 25-member plaintiff groups with the same authority as that constitutionally vested in the trial court, such an appointment would be an improper delegation of judicial power and would exceed the trial court's discretion. Because we do not necessarily understand that the CMO contemplates that the special master will preside over jury trials, as opposed to handling functions otherwise assignable to a special master under Rule 53, mandamus relief on this point would be premature.
PETITION GRANTED IN PART AND DENIED IN PART; WRIT ISSUED.
Nabers, C.J., and See, Lyons, Stuart, Smith, Bolin, and Parker, JJ., concur.
Woodall, J., concurs in the result.
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