HB 529

Under existing law, a person seeking election or appointment to a circuit court judgeship in the state must have been licensed by the Alabama State Bar Association for a total of five years and a person seeking election or appointment to a district court judgeship must have been licensed by the Alabama State Bar Association for a total of three years

This bill would require a candidate to be admitted to practice law by this state or by another state for a circuit court judgeship for a total of 10 years and to be admitted to practice law by this state or by another state for a district court judgeship for a total of five years

This bill would also prohibit a person who has been suspended or disbarred by any state or state bar association within the 10 years preceding election or appointment from qualification for a circuit court or district court judgeship

To amend Sections 12-11-1 and 12-12-1, Code of Alabama 1975, relating to the qualifications for serving as a circuit court judge or a district court judge; to further provide for the minimum times of state licensure to practice law; and to prohibit persons with certain professional disciplinary actions from qualification.

Section 1

Sections 12-11-1 and 12-12-1, Code of Alabama 1975, are amended to read as follows:

§12-11-1.

(a) There is provided in every county in the state a circuit court with all the jurisdiction and powers that are conferred on the circuit court by the Constitution and laws of this state.

(b) Persons elected to or appointed to a circuit court judgeship after January 1, 2010, must have been licensed by the Alabama State Bar Association admitted to practice law in this state a combined total of five 10 years or more, or admitted to practice law by any other state bar association for a combined total of five 10 years or more, prior to beginning a term of office or appointment to serve a vacant term of office. In addition, the person must not have received from any state or state bar association a suspension or disbarment within the 10 years preceding election or appointment.

§12-12-1.

(a) The district court of Alabama, a trial court of limited jurisdiction, is created and established, effective January 16, 1977, and shall be subdivided according to districts and styled the district court of the county. Persons elected or appointed to a district court judgeship after January 1, 2010, must have been licensed by the Alabama State Bar Association admitted to practice law in this state a combined total of three five years or more, or admitted to practice law by any other state bar association for a combined total of three five years or more, prior to beginning a term of office or appointment to serve a vacant term of office. In addition, the person must not have received from any state or state bar association a suspension or disbarment within the 10 years preceding election or appointment.

(b) Sessions of the district court shall be held in each county seat, each municipality containing a population of 1,000 or more where no municipal court exists, to be restricted to municipal cases, and at other locations within counties in which geographical venue, as described in Section 12-12-36, lies in more than one place.

(c)(1) All courts which are not authorized by Article 6 of the Constitution shall retain their power through January 15, 1977, at which time they shall be abolished. Judgments of courts which cease to exist at the end of that day shall continue in effect, and the courts of the unified system are vested with jurisdiction to enforce such judgments.

(2) All cases then pending in courts which cease to exist shall be transferred to the appropriate district or circuit court. Cases which could be filed in district court under the provisions of this chapter shall be transferred to the district court; provided, that any case containing a demand for a jury trial filed before January 15, 1977, which could have been granted in the court where filed, shall be transferred to the appropriate circuit court."

Section 2

This act shall become effective January 1, 2020, following its passage and approval by the Governor, or its otherwise becoming law.