HB293 Alabama 2014 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Session

Regular Session 2014

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

HB293 would allow former appellate judges to serve as private judges, remove certain jurisdiction limits, and set new rules for how private judges operate, including defense by the Attorney General and where cases can be heard.

What This Bill Does

The bill authorizes a person who previously served as an appellate court judge to act as a private judge and removes the requirement that the former court would have had jurisdiction over the case. It allows a private judge to be called to active duty or to serve as a special or senior judge while also serving as a private judge. It requires the Attorney General to provide a defense in cases against a private judge, and it lays out duties, conduct, and procedural rules for private judges, including where cases may be heard and how records, appeals, and compensation are handled.

Who It Affects

• Former appellate judges and other qualified judges who may serve as private judges, with expanded eligibility and compatibility with other judge roles.
• Litigants and attorneys in cases that could be heard by private judges (and the Office of the Attorney General which would defend private judges), plus the public that accesses case records.

Key Provisions

• Authorizes a person who has previously served as an appellate court judge to act as a private judge.
• Eliminates the rule that private judges must come from a court that would have subject matter jurisdiction over the case.
• Allows a private judge to be called to active duty status or to serve as a special or senior judge while also serving as a private judge.
• Requires the Office of the Attorney General to provide a defense in any case brought against a private judge arising from the private judge's service.
• Sets out duties and conduct for private judges, including non-jury trials and having powers similar to circuit court judges for each case.
• Allows a case heard by a private judge to be heard in the county courthouse where the case was filed.
• Provides immunity for private judges and confirms they operate under the Alabama Canons of Judicial Ethics; the state does not have to provide liability insurance for private judges.
• Keeps private-judge proceedings as public records and applies Alabama Rules of Civil Procedure; appeals follow the same path as appeals from circuit court.
• Establishes private-judge compensation terms, to be paid by the parties and covered costs as negotiated in the contract.
• Addresses third-party intervention, costs borne by the intervenor, required consent to continue, and potential termination of private-judge proceedings if consent is not given.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

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