SB159 Alabama 2021 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2021

Title

Judiciary, changing judicial case load from weighted to actual, Secs. 12-9A-1, 12-9A-5 am'd.

Summary

SB159 shifts Alabama from a weighted caseload method to an actual caseload method for deciding judge needs, and creates a new commission to run the process.

What This Bill Does

It requires the Alabama Supreme Court to adopt an Judicial Actual Caseload Study to determine how many judges are needed in each district and circuit, and to revise the study factors by a set deadline. It sets a deadline (by January 1, 2023) to adopt the factors for the Actual Caseload Study and defines the caseload categories to be counted. It creates the Judicial Resources Allocation Commission with specified members and a commitment to diversity, to oversee the process and annually review needs using specified criteria and to report findings to the Governor and Legislature within 30 days. It also outlines rules about when reallocations can occur and other safeguards, such as limits on reallocating judgeships and requirements around resignations and ballot eligibility.

Who It Affects

• District and circuit court judges, whose number and placement could be changed based on the new actual caseload study and allocation rules.
• Attorneys and government officials (including the Supreme Court, Governor, and Legislature), who will participate in the new Commission and receive annual need assessments and decisions.

Key Provisions

• Replace the Judicial Weighted Caseload Study with a Judicial Actual Caseload Study to determine the need for judgeships.
• By January 1, 2023, adopt the factors to be considered in the Judicial Actual Caseload Study and define the included caseload categories (criminal counts, civil, probate appeals, etc.).
• Create the Judicial Resources Allocation Commission with specified members: Chief Justice (chair), Governor's legal advisor, Attorney General, three circuit judges, three district judges, and three licensed attorneys, with terms and vacancy rules and a diversity requirement.
• The Commission will annually review the need for more or fewer judgeships using criteria including actual caseload, population, judicial duties, and uniformity, and must report the ranking to the Governor and Legislature within 30 days of completion.
• No judgeship reallocations may occur until three years of data are available after revising the factors, and no circuit may lose more than one judgeship in any two-year period.
• Resignations must be reported to the Secretary of State, and resignations due to appointment or election to another seat are treated differently.
• No reallocation of a judgeship can occur after a judicial candidate has qualified to have their name placed on the ballot.
• The act becomes effective immediately upon passage.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Judiciary