SB423 Alabama 2016 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2016

Title

Municipal courts, judicial immunity for discretionary judicial acts provided for, const. amend.

Summary

SB423 would amend Alabama's constitution to grant absolute immunity for discretionary acts to municipal court judges, municipal magistrates, and municipal clerks of court.

What This Bill Does

It proposes a constitutional change to give municipal judges, magistrates, and clerks of municipal courts immunity from liability for discretionary acts performed in their official duties, matching the immunity already enjoyed by higher court officials. This means they could not be sued or held liable for their discretionary decisions. The amendment would require voter approval to take effect and would be described on the ballot for an election.

Who It Affects

• Municipal court judges, municipal magistrates, and municipal clerks of court – would have absolute immunity from liability for discretionary acts performed in their official capacity.
• People who interact with municipal courts (e.g., plaintiffs and defendants) – could have limited ability to pursue claims related to the discretionary decisions of municipal court officials due to the immunity.
• The general public seeking accountability for discretionary actions in municipal courts – potential reduction in liability claims against those officials.

Key Provisions

• Provisions that municipal judges, municipal magistrates, and municipal clerks of court are immune from liability for discretionary acts in their official capacity, to the same extent as circuit and district court judges, magistrates, and clerks of the court in the state.
• Election and ballot language: requires a statewide vote to approve the amendment and specifies how the amendment will be described on the ballot, with the amendment taking effect if approved.

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