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  1. Home / Alabama / Alabama House & Senate Bills / 2019 Alabama Legislative Regular Session / 2019 Alabama House Bills / HB 529

HB 529

Signed by Governor
  • Bill Summary
  • Bill Text
  • Action History
  • Vote History
  • Bill Documents
Sponsor
David FaulknerDavid Faulkner
Session
Regular Session 2019
Title
Courts, circuit and district judges, qualifications, min times of state licensure to practice law, persons with certain professional disciplinary actions, prohibited from qualification, Secs. 12-11-1, 12-12-1 am'd.
Description

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.

Subjects
Courts
Note: Bills that change current law do not show the amended text correctly below. Please view Original PDF to see amended sections: HB 529 - Enrolled - PDF

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.

Action Date Chamber Action
May 31, 2019 H Delivered to Governor at 6:26 p.m. on May 31, 2019.
May 31, 2019 H Assigned Act No. 2019-539.
May 31, 2019 S Judiciary first Substitute Offered
May 31, 2019 H Clerk of the House Certification
May 31, 2019 S Signature Requested
May 31, 2019 H Enrolled
May 31, 2019 S Concurred in Second House Amendment
May 31, 2019 H Faulkner motion to Concur In and Adopt adopted Roll Call 1287
May 31, 2019 H Concurrence Requested
May 31, 2019 S Motion to Read a Third Time and Pass adopted Roll Call 1458
May 31, 2019 S Smitherman motion to Adopt adopted Roll Call 1457
May 31, 2019 S Smitherman Amendment Offered
May 31, 2019 S Givhan motion to Adopt adopted Roll Call 1456
May 31, 2019 S Judiciary zeroeth Substitute Offered
May 31, 2019 S Third Reading Passed
May 30, 2019 S Ward motion to Carry Over to the Call of the Chair adopted Voice Vote
May 30, 2019 S Third Reading Carried Over to Call of the Chair
May 22, 2019 S Read for the second time and placed on the calendar with 1 substitute and
May 16, 2019 S Read for the first time and referred to the Senate committee on Judiciary
May 15, 2019 H Engrossed
May 15, 2019 H Motion to Read a Third Time and Pass adopted Roll Call 727
May 15, 2019 H Faulkner motion to Table adopted Roll Call 726
May 15, 2019 H Givan Amendment Offered
May 15, 2019 H Motion to Adopt adopted Roll Call 725
May 15, 2019 H Sorrell 2nd Amendment Offered
May 15, 2019 H Motion to Adopt adopted Roll Call 724
May 15, 2019 H Sorrell Amendment Offered
May 15, 2019 H Motion to Adopt adopted Roll Call 723
May 15, 2019 H Wadsworth Amendment Offered
May 15, 2019 H Third Reading Passed
May 14, 2019 H Third Reading Carried Over
May 8, 2019 H Read for the second time and placed on the calendar
April 30, 2019 H Read for the first time and referred to the House of Representatives committee on Judiciary
Faulkner motion to Concur In and Adopt
2019-05-31
Chamber: House
Result: Passed
Motion to Read a Third Time and Pass
2019-05-31
Chamber: Senate
Result: Passed
Smitherman motion to Adopt
2019-05-31
Chamber: Senate
Result: Passed
Givhan motion to Adopt
2019-05-31
Chamber: Senate
Result: Passed
Motion to Read a Third Time and Pass
2019-05-15
Chamber: House
Result: Passed
Faulkner motion to Table
2019-05-15
Chamber: House
Result: Passed
Motion to Adopt
2019-05-15
Chamber: House
Result: Passed
Motion to Adopt
2019-05-15
Chamber: House
Result: Passed
Motion to Adopt
2019-05-15
Chamber: House
Result: Passed
Document Type Document Location
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/HB529-enr.pdf
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/HB529-eng.pdf
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/HB529-int.pdf
Bill Amendments http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/201375-1.pdf
Bill Amendments http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/201386-1.pdf
Bill Amendments http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/201387-1.pdf
Bill Amendments http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/201430-1.pdf
Bill Amendments http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/201756-2.pdf
Bill Amendments http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/202343-1.pdf

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