HB555 Alabama 2013 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Paul DeMarco
Republican
Session: Regular Session 2013
Title: Courts, private judges requirements to serve, former appellate judges eligible to serve, Attorney General, defense of cases brought against private judge, Secs. 12-11A-2, 12-11A-4, 12-11A-7, 12-11A-8 am'd.; Act 2012-266, 2012 Reg. Sess., am'd.
Summary: HB555 expands who can serve as a private judge in Alabama and sets new rules for how private judges operate, including AG defense, venue, and compensation.
What This Bill Does
It authorizes former appellate court judges to act as private judges and loosens eligibility constraints compared to earlier rules. It allows private judges to hear cases in the county courthouse where filed and to hear cases without a jury, with the private judge having powers similar to a circuit court judge. It requires the Office of the Attorney General to provide a defense in cases against a private judge and outlines duties, ethics, public record handling, and how private-judge proceedings are managed, including compensation terms and appeal processes. It also specifies that qualified former judges may serve as private judges even if they are on active duty or hold other judicial appointments, and sets rules about notices and the public nature of proceedings, while clarifying retirement and insurance considerations.

Who It Affects
Group 1: Former appellate court judges (and other qualified former district or circuit court judges) who meet criteria (six consecutive years of judicial service, Alabama law license, good standing, and Alabama residency) would be eligible to serve as private judges.
Group 2: Parties involved in private-judge cases and the public would experience changes in how cases are filed, heard without juries, where hearings can take place (including county courthouses), how records are kept public, who defends the private judge (Attorney General), and how compensation and notice requirements work.

Key Provisions
Authorizes appellate court judges to act as private judges and sets eligibility requirements (six years of judicial service, law license, good standing, Alabama residency).
Removes or alters prior limitations so a private judge can be selected for cases in domestic relations, contract, and tort matters, with party-petitioning for appointment.
Allows private judges to serve while on active duty or as a special or senior judge (not disqualified from serving as private judge due to those roles).
The Office of the Attorney General must provide a legal defense in any case brought against a private judge related to their service.
Private judges have powers equivalent to circuit judges for case management and decision-making, hear proceedings without a jury, and keep proceedings as public records.
Cases heard by private judges may be held in any location in Alabama, including the county courthouse where filed, with notice of dates/times/places given to the clerk at least three days prior to proceedings.
Private-judge proceedings are governed by the Alabama Rules of Civil Procedure; appeals follow the same path as appeals from the circuit court; third-party interventions may incur costs borne by the intervenor.
Private judges receive compensation as agreed by the parties, covering the judge and related costs; the state is not obligated to provide liability insurance for private judges or related third parties.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Courts