SB138 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

Jerry L. FieldingTom Whatley

Session

Regular Session 2012

Title

Private judges, authorized to appoint for circuit and district courts, qualifications, compensation

Summary

SB138 allows former or retired Alabama judges to be appointed as private judges for certain civil cases and to be paid for their services.

What This Bill Does

It lets qualified former or retired judges hear certain civil cases (domestic relations, contract, or tort) as private judges. Appointment requires a petition by all parties with the chosen judge’s consent, and the case must fall within the former judge’s jurisdiction. The appointed private judge must be registered with the Alabama Center for Alternative Dispute Resolution, whose list is public. Trials are jury-less, the private judge has full circuit-court powers, records are public, and appeals proceed like circuit court decisions, with compensation arranged by contract between parties and the judge.

Who It Affects

• Former or retired Alabama judges who meet the qualifications (6+ years as judge, Alabama law license, active good standing with the Alabama State Bar, and Alabama residency) and who register to be listed as private judges, enabling them to be appointed and paid for their service.
• Civil litigants in eligible cases (domestic relations, contract, or tort) who may petition to have a private judge hear their case; if appointed, the case is tried without a jury, under the private judge’s authority, with costs and compensation determined by contract (and a $100 petition filing fee).

Key Provisions

• Eligibility: private judges must have been district or circuit judges for at least six consecutive years, be admitted to practice in Alabama, be an active member in good standing of the Alabama State Bar, and be a resident of Alabama.
• Appointment process: all parties must file a written petition with the circuit clerk requesting a private judge and consent from the chosen judge; the case must be within the former judge's subject matter and monetary jurisdiction and involve domestic relations, contract, or tort.
• Registration and public list: former judges must register with the Director of the Alabama Center for Alternative Dispute Resolution, who verifies qualification and maintains a public list of registered private judges (with possible annual fee).
• Powers and proceedings: private judges conduct trials without a jury, have the same powers as circuit judges for procedure and rulings, enjoy judicial immunity, and keep proceedings as public records with Civil Procedure rules applying.
• Fees and costs: a $100 filing fee is required with every petition to appoint a private judge; costs are handled like those in circuit court.
• Support services: circuit clerks provide standard case management services and the sheriff handles service of process for cases before a private judge.
• Notice and scheduling: the private judge must provide dates, times, and places of any proceeding that could result in judgment to the clerk at least three days before the proceeding.
• Compensation: the private judge’s pay is set by contract with the parties and can include compensation for the judge and necessary personnel and facilities.

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