SB288 Alabama 2018 Session

Summary

Primary Sponsor

Greg Albritton Senator

Republican

Session

Regular Session 2018

Title

Courts Judicial Resources Allocation, Chief Justice of Supreme Court of Alabama, require to reassign judges for prompt administration of justice, presiding circuit judge, authorized to reassign judges within circuit, Secs. 12-9A-7, 12-9A-8 added

Description

Under existing law, the Judicial Resources Allocation Commission annually reviews the need for increasing or decreasing the number of judgeships in each district court and circuit court and may reallocate a judgeship in the case of certain vacancies.

This bill would require the Chief Justice of the Supreme Court of Alabama to assign a circuit or district judge to serve within another judicial circuit to address court congestion, court delay, backlog of cases, or other reasons necessary for the prompt administration of justice.

Under existing law, Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, recognizes the power of the Supreme Court of Alabama to adopt rules of procedure in all courts.

The rules may be changed by a general act of statewide application.

Under existing rules of the Supreme Court of Alabama, a presiding circuit judge may temporarily assign circuit or district court judges within the circuit to serve either within the circuit or in district courts within the circuit.

The bill would specify that the judge may assign judges within the circuit as needed to address court congestion, court delay, backlog of cases, or other reasons necessary for the prompt administration of justice and would remove the limitation that an assignment may be only temporary.

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Subjects

Courts