SB330 Alabama 2010 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

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Amendment 328, Constitution of Alabama of 1901 (Section 153, Recompiled Constitution of Alabama of 1901, as amended), repealed and added, const.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

SB330 proposes a statewide system of judicial vacancy commissions to fill vacancies in Alabama courts, replacing or superseding local procedures where applicable.

What This Bill Does

It creates a statewide plan that uses vacancy commissions to nominate and send candidates for judicial vacancies, with certain circuits exempt if they have local amendments (and those amendments would trigger the statewide process if repealed). It establishes an Appellate Court Judicial Nominating Commission to nominate candidates for Supreme Court and appellate courts, and separate commissions for single-county circuits, the Bessemer Division of Jefferson County, and multicounty circuits to nominate candidates for circuit and district judges; the Governor would appoint from lists of nominees, with a 30-day deadline and a fallback appointment by a presiding judge if the deadline is missed. The bill also sets terms (primarily four years, with staggered initial terms), limits on serving more than one full term, and requires commissions to emphasize diversity and geographic representation while prohibiting political considerations; all commissioners would not be paid.

Who It Affects

• Judicial candidates and sitting judges across Alabama, whose vacancies would be filled through the new statewide vacancy commissions and appointment rules.
• Lawyers, bar associations, county officials, legislators, and Alabama voters, who participate in the nomination processes (bar-based and non-bar members), representation requirements, and the constitutional change voters must approve.

Key Provisions

• Establish a statewide plan for filling judicial vacancies with vacancy commissions, exempting circuits with existing local amendments (which would apply unless repealed).
• Create an Appellate Court Judicial Nominating Commission (nine members) to nominate three candidates for each vacancy in the Supreme Court, Court of Civil Appeals, and Court of Criminal Appeals; the Governor appoints from the three nominees and must act within 30 days; if not, a presiding judge appoints.
• Create five-member county judicial nominating commissions for single-county circuits (composition includes bar and non-bar members plus a judicial member) with procedures for selection, certification, and a 30-day appointment deadline; provide for county probate court involvement and Governor notification.
• Create a five-member Bessemer Division commission in Jefferson County with similar structure and processes as other county commissions.
• Create multicounty circuit court nominating commissions (three members per circuit) to nominate three candidates for each vacancy; Governor appoints from the nominees, with a 30-day deadline; if necessary, the Chief Justice appoints.
• Set terms of commission members at four years (except the judicial member in some cases), provide for staggered initial terms, and prohibit serving more than one full term; fill vacancies for unexpired terms in the original manner of selection.
• Incorporate diversity and geographic representation goals (urban/rural, racial, gender, and ethnic diversity) and remove consideration of political affiliation in nominations and appointments; prohibit compensation for commission members.
• Make the amendment self-executing and provide ballot language and election provisions for voter approval.
• When local amendments repeal or do not apply, the statewide vacancy process under SB330 governs.

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