HB460 Alabama 2017 Session

Summary

Primary Sponsor

Connie C. Rowe

Republican

Session

Regular Session 2017

Title

Courts, magistrates and clerks of circuit, and district courts, absolute judicial immunity granted under certain conditions

Summary

HB460 would grant absolute judicial immunity to magistrates and clerks of circuit and district courts for actions taken in performing their judicial duties.

What This Bill Does

If enacted, it would protect magistrates and clerks from civil lawsuits arising from exercising a judicial function. It defines a judicial function to include discretionary tasks such as probable cause hearings, issuing or recalling warrants and summonses, initial appearance and bail hearings, and other pretrial release hearings, plus other laws or rules enacted by the Legislature or adopted by the Alabama Supreme Court. This immunity would apply to civil cases related to those duties, effectively shielding them from liability. The act would take effect immediately after governor approval.

Who It Affects

• Magistrates in circuit and district courts—immune from civil lawsuits arising from their judicial functions
• Clerks of circuit and district courts—immune from civil lawsuits arising from their judicial functions

Key Provisions

• Section 1(a): All magistrates and clerks have absolute judicial immunity from any civil lawsuit arising from exercising a judicial function.
• Section 1(b): Defines 'judicial function' to include, among other things, probable cause hearings, issuance/recall of arrest warrants and summonses, initial appearance hearings, bail hearings, and other pretrial release hearings, plus any other law or rule adopted by the Legislature or the Alabama Supreme Court.
• Section 2: The act becomes effective immediately upon passage and governor's 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