HB443 Alabama 2010 Session

Summary

Primary Sponsor

Marcel Black

Democrat

Session

Regular Session 2010

Title

Judicial vacancies, statewide plan for filling vacancies in circuit, district, appellate, and Supreme Court, Section 6.14 as added by Amendment 328, Constitution of Alabama of 1901 (Section 153, Recompiled Constitution of Alabama of 1901, as amended), repealed and added, const. amend.

Summary

HB443 would replace many local rules for filling judicial vacancies with a statewide system of nominating commissions that advise the Governor on who should become judges.

What This Bill Does

It creates a statewide plan to fill vacant judicial offices using nominating commissions and gubernatorial appointments, with local commissions continuing only in circuits that already have them (and statewide rules apply if those local amendments are repealed). It establishes an Appellate Court Judicial Nominating Commission to nominate three candidates for vacancies in the Supreme Court, Court of Civil Appeals, and Court of Criminal Appeals, from which the Governor would appoint one. For circuit and district court vacancies, the Governor would appoint from three nominees provided by the respective circuit or county nominating commission, with special rules for certain counties and divisions; if the Governor doesn’t act within 30 days, a presiding judge or Chief Justice would appoint among the nominees. The measure also creates county, multicounty, and Bessemer Division commissions with specific membership rules, terms, and procedures to nominate candidates, and requires consideration of geographic, racial, gender, and ethnic diversity.

Who It Affects

• Judges and prospective judicial candidates: their vacancies would be filled through the statewide nominating commissions and Governor appointments under defined timelines and terms.
• Attomeys, bar associations, counties, and state officials: they would participate in establishing and operating the various nominating commissions (bar and non-bar members, judicial members, and probate or similar officers would handle certificates and filings) and would be affected by the new 30-day appointment deadline and diversity considerations.

Key Provisions

• Establishes a statewide vacancy plan that repeals and replaces existing local provisions, with exceptions for circuits that already have local vacancy commissions (these would remain unless repealed).
• Creates Appellate Court Judicial Nominating Commission (nine members: four non-lawyers, three lawyers, and one judicial member who chairs) to nominate three qualified people for each appellate vacancy; the Governor appoints one of these nominees.
• Requires commissions to strive for inclusive nominations that reflect geographic diversity (urban/rural) and racial, gender, and ethnic diversity, and to ignore political affiliation unless otherwise provided by local amendments.
• Sets up five-member county judicial nominating commissions (two bar members, two non-bar members, and a judicial member) to nominate three people for circuit or district judge vacancies; appointments are made through specified processes and timeframes, with a 30-day filling deadline by the Governor.
• Creates a Bessemer Division (Jefferson County) specialized commission with similar structure and procedures to fill vacancies in the Birmingham/Jefferson County area.
• Establishes multicounty circuit court nominating commissions (three members) for circuits with more than one county; Governor appoints from nominees, with 30-day deadline and Chief Justice involvement if needed.
• Outlines appointment rules, qualifications, terms (typically four-year terms for non-judicial members), and non-compensation for commission members; bans holding other offices or receiving government pay while serving on commissions.
• Includes a self-executing provision and provides ballot language for voters to approve the amendment.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Judges