SB 190

This bill would provide absolute judicial immunity to every magistrate and clerk of the circuit and district courts of this state from any civil lawsuit arising from the exercise of a judicial function of a magistrate

Relating to immunity of magistrates and clerks; to provide absolute judicial immunity to every magistrate and clerk of the circuit and district courts of this state under certain conditions.

Section 1

(a) Notwithstanding any other provision of law to the contrary, every magistrate and clerk of the circuit and district courts of this state shall have absolute judicial immunity from any civil lawsuit that arises from the exercise of a judicial function by a magistrate or clerk. (b) For the purposes of this section, a judicial function is a duty which requires the use of discretion by the magistrate or clerk, including, but not limited to, conducting or executing any of the following: (1) Probable cause hearings and determinations. (2) The issuance and recall of arrest warrants and summonses. (3) Initial appearance hearings. (4) Bail hearings. (5) Any other pretrial release hearing conducted by a circuit or district court magistrate as mandated by statute, the Alabama Rules of Criminal Procedure, or the Alabama Rules of Judicial Administration. (6) Any other law hereinafter enacted by the Legislature. (7) Any other rule hereinafter adopted by the Alabama Supreme Court.

Section 2

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