SB440 Alabama 2014 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2014

Title

Judges, recusals, appearance of impartiality based on campaign contribution, rebuttable presumption if contribution represents 25 percent of total contribution for election cycle, Secs. 12-24-1, 12-24-2 repealed

Summary

SB440 would replace current campaign-disclosure rules with new recusal standards for judges, including a rebuttable presumption based on large campaign contributions, and would repeal existing disclosure requirements.

What This Bill Does

It repeals the current law that requires judges to disclose campaign contributions and attorneys to provide certificates of disclosure. It sets new recusal criteria: a judge must recuse if a reasonable person would see impartiality as impaired or there is a serious probability of bias due to contributions from a party. It creates a rebuttable presumption that recusal is required if a party’s contribution to the judge exceeds a certain share of the judge’s total contributions in the election cycle, with thresholds varying by court level. It also allows an appeal of a denial of a motion to recuse and defines who counts as a 'party' for these purposes; it specifies an effective date for the act.

Who It Affects

• Judges and justices who hear cases, who would be required to recuse under the new criteria or face potential presumption based on contributions
• Parties to cases and their attorneys, including entities and individuals who contribute to a judge or who are connected to a party, as defined by the bill

Key Provisions

• Repeals Sections 12-24-1 and 12-24-2, Code of Alabama 1975, which require campaign contribution disclosures by judges
• Introduces recusal criteria: a judge must recuse if a reasonable person would perceive impaired impartiality or there is a serious probability of bias due to a contribution from a party with a case before the judge
• Establishes rebuttable presumptions for recusal based on contribution thresholds: 10% for statewide appellate court races, 15% for circuit court races, and 25% for district court races (refunded contributions excluded)
• Defines 'party' to include the case party or related entities and individuals, affiliates or subsidiaries, certain stake-holders, and attorneys associated with the party
• Provides that an order denying a motion to recuse is appealable, with a 30-day filing window and a statutory stay during appeal if the threshold for recusal is met
• Sets an effective date: first day of the third month following passage/approval

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