SB216 Alabama 2019 Session

Summary

Primary Sponsor

Arthur OrrSenator

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.

Summary

SB 216 proposes a constitutional overhaul of Alabama's judiciary, expanding oversight bodies and shifting administrative control of courts, while changing how judges are disciplined, removed, and replaced.

What This Bill Does

It would remove the requirement that district courts hold in-person sessions in certain municipalities and allow vacancy filling procedures to be changed by statewide or local constitutional amendments. It would raise the age limit for elected or appointed judicial officers to 75, and set rules for retirement and supernumerary status. It would create and expand the Judicial Inquiry Commission and the Court of the Judiciary, detailing their memberships, powers, and procedures for investigating and disciplining judges, including removal or suspension. It would repeal the office of circuit solicitor and shift the authority for appointing an Administrative Director of Courts from the Chief Justice to the Supreme Court, with the Legislature establishing the appointment process and providing funding.

Who It Affects

• Judges and other elected or appointed judicial officers in Alabama would face a higher age limit, new disqualification and retirement rules, and changes in how vacancies are filled and terms are served.
• Judicial oversight bodies, court administration, and state officials (including the Supreme Court, Governor, Legislature, and State Bar) would gain expanded roles and new procedures for appointments, funding, and disciplinary processes, including the creation of the Court of the Judiciary and expansion of the Judicial Inquiry Commission.

Key Provisions

• Delete the requirement that district courts hold court in each incorporated municipality with a population of 1,000 or more where there is no municipal court.
• Allow the procedure for filling vacancies in the office of a judge to be changed by statewide or local constitutional amendment.
• Increase the age restriction on elected or appointed judicial officers to 75 years (with provisions for supernumerary status).
• Delete language related to a constable holding more than one state office and delete provisions for temporary maintenance of the prior judicial system.
• Repeal the office of circuit solicitor.
• Increase the membership of the Judicial Inquiry Commission and specify appointment processes; empower the Commission to investigate and file complaints about judges with confidentiality and funding provisions.
• Create the Court of the Judiciary with defined composition and authority to remove, suspend, or censure judges for ethics violations or duty failures, and to retire judges unable to perform duties; set appeal pathways to the Supreme Court.
• Provide a process for disqualifying active judges when facing indictments or Commission complaints, including requirements for two-thirds Commission approval and Chief Judge involvement.
• Change appointment authority for the Administrative Director of Courts from the Chief Justice to the Supreme Court; Legislature to set appointment procedures and fund the unified judicial system.
• Rework impeachment/removal provisions by repealing impeachment authority for Supreme Court justices and appellate judges and altering removal authority for district, circuit, probate judges; create new disciplinary and removal mechanisms.
• Repeal Amendment 580, Section 6.21, and Amendment 226, and align numbering to new Official Recompilation sections (158, 161, 162, etc.).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments