SB411 Alabama 2013 Session

Summary

Primary Sponsor

Cam Ward

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

SB411 would let former appellate judges act as private judges in Alabama, let them continue other judicial duties, require the Attorney General to defend private judges, and set rules for private judges’ operations.

What This Bill Does

It authorizes individuals who previously served as appellate judges to act as private judges and allows them to continue serving in other roles such as active duty or special/senior judges. It requires petitions by all parties and jurisdiction matching the former judge’s court, and it limits eligible cases to domestic relations, contracts, or torts. It also assigns the Office of the Attorney General to provide a defense for private judges, and it establishes duties, powers, ethics, record-keeping, appeals, venue, compensation, and other operational rules for private judgments.

Who It Affects

• Private judges (including those who previously served on the appellate bench) who may now act as private judges, with potential to also serve in active duty or as special/senior judges while remaining private judges.
• Parties to cases heard by private judges and the Alabama court system, who must petition for a private judge, must follow the new procedural rules, and who benefit from a defined process, public records, and a clarified appeals path; the Office of the Attorney General is also affected as it must provide defense for private judges.

Key Provisions

• Authorizes a person who previously served as an appellate court judge to act as a private judge; requires they be a practicing attorney in Alabama and in good standing.
• Allows private judges to be called to active duty or appointed as special or senior judges without disqualifying them from serving as private judges.
• Requires parties to file a written petition with the circuit clerk and obtain the private judge's consent; limits cases to those the former judge's court would have jurisdiction over and to domestic relations, contract, or tort matters.
• A private trial is conducted without a jury; the private judge has powers analogous to a circuit judge for procedure, decisions, witnesses, contempt, enforcement, oaths, and record authentication; the private judge has immunity similar to a state judge.
• The Office of the Attorney General provides defense in any action arising from a private judge’s service; the state is not required to provide liability insurance for private judges.
• All proceedings are of record, public, and governed by the Alabama Rules of Civil Procedure; appeals follow the circuit court path in the county where filed.
• Parties may not end the private judge’s services until proceedings are final; recusal is still possible.
• Third parties can intervene with costs paid by the intervenor; intervention requires consent to use the private judge or the case may be terminated and reinstated on the court’s docket.
• Private judges must follow the Alabama Canons of Judicial Ethics and may be disciplined; service as private judge does not affect retirement eligibility.
• Case hearings may occur at any time and place in Alabama, including county courthouses, with required advance notice to the clerk before proceedings.

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

Subjects

Courts