SB38 Alabama 2016 1st Special Session Session

Summary

Primary Sponsor

Bill Hightower

Republican

Session

First Special Session 2016

Title

Court of the Judiciary, appeals to Supreme Court, legislative approval of Supreme Court decisions, continued service of judge upon filing of complaint with the Judicial Inquiry Comm., auth. const. amend.

Summary

SB38 would require legislative approval for Supreme Court affirmations of Court of the Judiciary removals of judges and would remove automatic judge disqualification from Judicial Inquiry Commission complaints.

What This Bill Does

It amends the constitution so that if the Supreme Court affirms a Court of the Judiciary removal, the Legislature must vote, by a two-thirds majority in both houses, to finalize the removal; if the Legislature does not affirm, the judge remains in office. It also deletes the provision that disqualifies a judge from acting while a Judicial Inquiry Commission complaint is pending (and the related provision about indictments), allowing a judge to continue serving during such complaints. The Governor could call an extraordinary session if needed, and the Legislature could set procedures to implement these changes.

Who It Affects

• Judges in Alabama who could be removed by the Court of the Judiciary would face a two-step removal process requiring legislative approval.
• The Alabama Legislature (Senate and House) and the Governor would gain a final check on removals and may need to convene extraordinary sessions to review removal decisions.

Key Provisions

• Amend Article VI, Section 157 to require a two-thirds vote in both the Senate and the House to affirm a Supreme Court removal of a judge, with the Legislature's final decision required for removal and provisions for extraordinary sessions.
• Delete Section 159's provision that disqualifies a judge from acting while a Judicial Inquiry Commission complaint is pending (and the related indictment provision), removing automatic disqualification.

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

Subjects

Constitutional Amendments