HB166 Alabama 2017 Session

Under the Constitution of Alabama of 1901, the Court of the Judiciary is created to hear complaints filed by the Judicial Inquiry Commission, and a judge aggrieved by a decision of the Court of the Judiciary may appeal the decision to the Supreme Court of Alabama

This bill would propose an amendment to the Constitution of Alabama of 1901, requiring any complaint against a Justice of the Alabama Supreme Court or a Judge of the Court of Criminal Appeals or the Court of Civil Appeals for a violation of any Canon of Judicial Ethics, misconduct in office, failure to perform his or her duties, or charge that the justice or judge is physically or mentally unable to perform his or her duties, be filed with the House Judiciary Committee for a determination of whether a Justice of the Supreme Court or a Judge of the Court of Criminal Appeals or the Court of Civil Appeals would be impeached by the Legislature or tried by the Court of Criminal Appeals for the removal of a Justice of the Alabama Supreme Court or Judge of the Court of Civil Appeals or by the Court of Civil Appeals for a Judge of the Court of Criminal Appeals

To amend Section 6.17 of Amendment 328, as amended by Amendment 581, now appearing as Section 156 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to require any complaint initiated by the Judicial Inquiry Commission concerning a Justice of the Supreme Court or a Judge of the Court of Criminal Appeals or the Court of Civil Appeals to be filed with the House Judiciary Committee for a determination of whether to proceed with impeachment proceedings before the Legislature or the Court of Criminal Appeals or the Court of Civil Appeals; to require the Supreme Court to adopt rules governing the removal of a Justice of the Alabama Supreme Court or a Judge of the Court of Criminal Appeals or the Court of Civil Appeals by the Court of Criminal Appeals or the Court of Civil Appeals; and to require the Legislature to adopt rules governing the procedures of the legislative impeachment process.