SB216 Alabama 2019 Session

Summary

Primary Sponsor

Arthur Orr Senator

Republican

Session

Regular Session 2019

Title

Constitutional amendment, Judicial Article revised, vacancies in the office of a judge, procedure further provided, age restriction on judicial office, increased, judicial discipline further provided, Judicial Inquiry Commission, membership further provided, impeachment of justices of supreme court deleted, Administrative Director of Courts, appointed further provided, const. amend.

Description

Under the existing constitution, a district court is required to hold court in each incorporated municipality with a population of 1,000 or more where there is no municipal court.

This bill would propose a constitutional amendment to delete that requirement.

Under the existing constitution, vacancies in the office of judge are filled by appointment by the Governor, but in certain counties, vacancies in the office of judge are filled as prescribed by local law.

This bill would propose a constitutional amendment to authorize the procedure for the filling of vacancies in the office of a judge to be changed by statewide or local constitutional amendment.

Under the existing constitution, and except as provided for appointments to the office of supernumerary judge, a person is restricted from being elected or appointed to a judicial office after reaching the age of 70 years.

This bill would propose a constitutional amendment to increase the age restriction to 75 years.

This bill would delete a provision of the Constitution of Alabama of 1901, relating to the holding of more than one office of profit by a person elected to the position of constable.

This bill would repeal a section of the constitution that provided for the temporary maintenance of the prior judicial system while the Legislature worked to implement the present-day judicial system.

This bill would repeal a section of the constitution that provided for the office of circuit solicitor.

This bill would make certain nonsubstantive stylistic changes.

This bill would propose a constitutional amendment to revise the manner in which justices of the Supreme Court, judges of the courts of appeal, judges of the district and circuit courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the Supreme Court are disciplined.

Under the existing constitution, the Judicial Inquiry Commission conducts investigations, receives and initiates complaints concerning any judge in the state judicial system, and prosecutes the complaints.

This bill would propose an amendment to the constitution to increase the membership of the commission and provide for the appointment of the additional members.

Under the existing constitution, the Court of the Judiciary hears complaints filed by the Judicial Inquiry Commission and has the authority to remove, suspend without pay, or censure a judge for a violation of a Canon of Judicial Ethics, misconduct in office, or failure to perform his or her duties. The Court of the Judiciary may also suspend, with or without pay, or retire a judge who is physically or mentally unable to perform his or her duties.

This bill would propose an amendment to the constitution to further provide for the membership of the court.

Under the existing constitution, without loss of salary, a judge is disqualified from acting as a judge during the time there is pending an indictment for a crime punishable as a felony or a complaint against the judge with the Court of the Judiciary filed by the Judicial Inquiry Commission.

This bill would propose an amendment to the constitution to provide for the disqualification of a judge without loss of pay because of a pending complaint filed by the Judicial Inquiry Commission only if the complaint was adopted by a two-thirds vote of the commission and the complaint alleges the judge is physically or mentally unable to perform his or her duties or poses a substantial threat of serious harm to the public or the administration of justice and the recommendation of disqualification is approved by the Chief Judge of the Court of the Judiciary.

Under the existing constitution, justices of the Supreme Court and judges of the courts of appeal may be impeached and judges of the district and circuit courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the Supreme Court may be removed by the Supreme Court for willful neglect of duty, corruption in office, incompetence, intemperance, or for an offense involving mortal turpitude.

This bill would propose an amendment to the constitution to delete those provisions.

Under the existing constitution, the Chief Justice of the Supreme Court of Alabama has the authority to appoint an Administrative Director of Courts.

This bill would propose an amendment to the constitution to delete the authority of the Chief Justice to appoint an Administrative Director of Courts; provide the Supreme Court of Alabama with the authority to appoint an Administrative Director of Courts; and require the Legislature to establish procedures for the appointment of the Administrative Director of Courts.

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Subjects

Constitutional Amendments