SB 198

Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 149 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, provides that the Chief Justice of the Supreme Court of Alabama shall appoint an Administrative Director of Courts

This bill would create a nominating commission to provide nominees to the Supreme Court of Alabama in the event of a vacancy in the office of Administrative Director of Courts

This bill would provide that the Administrative Director of Courts is appointed by a majority vote of the Supreme Court of Alabama from the nominees submitted to the court by the nominating commission

This bill would provide a term of office for the Administrative Director of Courts

This bill would specify that the legislation only takes effect upon the ratification of a constitutional amendment authorizing the Supreme Court of Alabama to appoint the Administrative Director of Courts

Relating to courts; to create a nominating commission to submit nominees to the Supreme Court of Alabama in the event of a vacancy in the office of Administrative Director of Courts; to provide for the appointment of the Administrative Director of Courts by the Supreme Court of Alabama; to provide a term of office for the Administrative Director of Courts; and specify that the effective date is upon the ratification of a constitutional amendment authorizing the Supreme Court of Alabama to appoint the Administrative Director of Courts.

Section 1

All vacancies in the position of Administrative Director of Courts shall be filled in accordance with this act.

Section 2

(a) The Administrative Director of Courts Nominating Commission is created to nominate to the Supreme Court of Alabama candidates to fill any vacancy in the office of Administrative Director of Courts occurring on or after the effective date of this act. The commission shall include all of the following members: (1) One active or retired circuit court judge, to be appointed by the Alabama Association of Circuit Judges. (2) One active or retired district court judge, to be appointed by the Alabama District Judges Association. (3) One active or retired probate judge, to be appointed by the Alabama Probate Judges Association. (4) One active or retired municipal judge, to be appointed by the Alabama Municipal Judges Association section of the Alabama League of Municipalities. (5) One circuit clerk, to be appointed by the Alabama Circuit Clerks Association. (6) One member of the state Board of Bar Commissioners, to be appointed by the Alabama State Bar Association. (b)(1) All members of the commission shall be residents of the state and shall have resided continuously within the state for a period of not less than 90 days prior to nomination. (2) The appointing authorities shall make every effort to coordinate their appointments to assure commission membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation. (c) Each member of the commission shall serve until the vacancy in the position of Administrative Director of Courts has been filled. Any vacancy on the commission shall be filled for the remainder of the existing term in the same manner as the respective member was originally chosen. (d)(1) Members of the commission may not receive any salary or other compensation for their services as members; provided, however, members of the commission may be reimbursed for travel expenses as provided in Section 36-7-21, Code of Alabama 1975. (2) No member of the commission shall hold any public office, except those members required to hold office as provided in Section 2. No member of the commission shall hold any official position in any political party. (3) No member of the commission shall be eligible to be nominated for the position of Administrative Director of Courts.

Section 3

(a) When a vacancy occurs in the office of Administrative Director of Courts or when a vacancy is set to occur within the next six months, the Chief Justice of the Supreme Court of Alabama shall provide notice of the vacancy to the presidents of the six organizations identified in subsection (a) of Section 2 and shall inform each president of his or her association's duty to appoint a member to the commission. Upon receiving this notification, the presidents shall have 30 calendar days to appoint the members of the commission and certify their names in writing to the Chief Justice. (b) After 30 calendar days from the Chief Justice's notification to the presidents in subsection (a), if any of the places on the commission remain unfilled, the Chief Justice shall appoint members of the commission to unfilled places, subject to the same qualifications listed in Section 2. (c) After all six members of the commission have been appointed, the commission shall select its own chair, who shall be responsible for conducting meetings of the commission and coordinating communications with the Supreme Court. The commission shall nominate three qualified candidates for the position to the court within 90 calendar days from the date of the Chief Justice's notification to the presidents in subsection (a). The chair shall certify the names of the nominees in writing to the Chief Justice. Each nomination may be made only by the concurrence of a majority of the members of the commission. The commission shall solicit applications, conduct interviews, and perform any other action it deems necessary to find candidates for nomination, subject to applicable state and federal employment law. (d)(1) The Supreme Court, by majority vote, shall select one of the three candidates nominated by the commission to fill the vacancy. The court, by majority vote, may request that the commission nominate three additional candidates. (2) If, for any reason, the court's chosen candidate declines the position, the court may select from the remaining candidates. (e) After the Supreme Court selects a candidate to fill the vacancy and the candidate accepts the position, the terms of the members of the commission shall be concluded. (f) Six months before the expiration of a sitting Administrative Director of Courts' term, and prior to providing notification of a pending vacancy as specified in subsection (a), the Supreme Court, by majority vote, may extend the director's term for one additional 10-year term. A director's term may only be extended in this manner once. (g) When a vacancy occurs, the Chief Justice, subject to the approval of a majority of the Supreme Court, shall appoint an interim director to fulfill the duties of the office of Administrative Director of Courts until the commission and the court fill the vacancy pursuant to this act. An interim director may not serve in the position of interim director for more than six months.

Section 4

(a) The term of office of the Administrative Director of Courts is 10 years. The director shall serve at the pleasure of the Supreme Court of Alabama and at any time may be removed, without cause, by a majority vote of the court. At the end of the director's term, the office shall become vacant unless the director's term is extended, as provided in subsection (f) of Section 3. (b) As the administrative head of the judicial system, the Chief Justice shall set the director's salary, subject to approval of a majority of the Supreme Court. (c) The director shall work under the supervision of the Chief Justice to assist the Chief Justice in his or her role as the administrative head of the judicial system.

Section 5

This act shall become effective immediately upon the ratification of the amendment to the Constitution of Alabama of 1901, authorizing the Supreme Court of Alabama to appoint the Administrative Director of Courts proposed in HB/SB _____ of the 2019 Regular Session.