1 | 1 | | 1 SB173 |
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2 | 2 | | 2 216617-1 |
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3 | 3 | | 3 By Senators Whatley and Price |
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4 | 4 | | 4 RFD: Finance and Taxation General Fund |
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5 | 5 | | 5 First Read: 02-FEB-22 |
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6 | 6 | | |
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7 | 7 | | Page 0 1 216617-1:n:01/24/2022:CNB/bm LSA2022-296 |
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8 | 8 | | 2 |
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9 | 9 | | 3 |
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10 | 10 | | 4 |
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11 | 11 | | 5 |
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12 | 12 | | 6 |
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13 | 13 | | 7 |
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14 | 14 | | 8 SYNOPSIS: Under existing law, there are currently 146 |
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15 | 15 | | 9 circuit judgeships in the state. |
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16 | 16 | | 10 This bill would create additional circuit |
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17 | 17 | | 11 judgeships in various judicial circuits throughout |
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18 | 18 | | 12 the state. |
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19 | 19 | | 13 Under existing law, there are currently 106 |
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20 | 20 | | 14 district judgeships in the state. |
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21 | 21 | | 15 This bill would create additional district |
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22 | 22 | | 16 judgeships in various counties throughout the |
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23 | 23 | | 17 state. |
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24 | 24 | | 18 This bill would also provide for the |
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25 | 25 | | 19 authority of the judges and for the compensation |
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26 | 26 | | 20 and benefits of the judges. |
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27 | 27 | | 21 |
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28 | 28 | | 22 A BILL |
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29 | 29 | | 23 TO BE ENTITLED |
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30 | 30 | | 24 AN ACT |
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31 | 31 | | 25 |
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32 | 32 | | 26 Relating to courts; to provide for additional |
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33 | 33 | | 27 circuit judgeships in various judicial circuits throughout the |
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34 | 34 | | Page 1 1 state; to provide for additional district judgeships in |
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35 | 35 | | 2 various counties throughout the state; and to provide for the |
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36 | 36 | | 3 authority of the judges and for the compensation and benefit |
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37 | 37 | | 4 of the judges. |
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38 | 38 | | 5 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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39 | 39 | | 6 Section 1. (a)(1) There is created an additional |
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40 | 40 | | 7 circuit judgeship for the Fifth Judicial Circuit which shall |
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41 | 41 | | 8 be designated as Circuit Judgeship Number 4. |
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42 | 42 | | 9 (2) There is created an additional circuit judgeship |
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43 | 43 | | 10 for the Sixth Judicial Circuit which shall be designated as |
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44 | 44 | | 11 Circuit Judgeship Number 7. |
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45 | 45 | | 12 (3) There is created an additional circuit judgeship |
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46 | 46 | | 13 for the Eleventh Judicial Circuit which shall be designated as |
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47 | 47 | | 14 Circuit Judgeship Number 4. |
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48 | 48 | | 15 (4) There are created two additional circuit |
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49 | 49 | | 16 judgeships for the Thirteenth Judicial Circuit which shall be |
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50 | 50 | | 17 designated as Circuit Judgeships Number 12 and 13. |
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51 | 51 | | 18 (5) There are created two additional circuit |
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52 | 52 | | 19 judgeships for the Nineteenth Judicial Circuit which shall be |
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53 | 53 | | 20 designated as Circuit Judgeships Number 4 and 5. The judges |
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54 | 54 | | 21 appointed or elected to Judgeships Number 4 and 5 may reside |
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55 | 55 | | 22 in any county within the Nineteenth Judicial Circuit. |
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56 | 56 | | 23 (6) There are created three additional circuit |
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57 | 57 | | 24 judgeships for the Twenty-third Judicial Circuit which shall |
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58 | 58 | | 25 be designated as Circuit Judgeships Number 8, 9, and 10. |
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59 | 59 | | Page 2 1 (7) There are created two additional circuit |
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60 | 60 | | 2 judgeships for the Twenty-eighth Judicial Circuit which shall |
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61 | 61 | | 3 be designated as Circuit Judgeships Number 6 and 7. |
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62 | 62 | | 4 (8) There is created an additional circuit judgeship |
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63 | 63 | | 5 for the Thirty-seventh Judicial Circuit which shall be |
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64 | 64 | | 6 designated as Circuit Judgeship Number 4. |
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65 | 65 | | 7 (b) Circuit Judgeship Number 4 in the Fifth Judicial |
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66 | 66 | | 8 Circuit, Circuit Judgeship Number 7 in the Sixth Judicial |
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67 | 67 | | 9 Circuit, Circuit Judgeship Number 4 in the Eleventh Judicial |
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68 | 68 | | 10 Circuit, Circuit Judgeships Number 12 and 13 in the Thirteenth |
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69 | 69 | | 11 Judicial Circuit, Circuit Judgeships Number 4 and 5 in the |
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70 | 70 | | 12 Nineteenth Judicial Circuit, Circuit Judgeships Number 8, 9, |
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71 | 71 | | 13 and 10 in the Twenty-third Judicial Circuit, Circuit |
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72 | 72 | | 14 Judgeships Number 6 and 7 in the Twenty-eighth Judicial |
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73 | 73 | | 15 Circuit, and Circuit Judgeship Number 4 in the Thirty-seventh |
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74 | 74 | | 16 Judicial Circuit shall be filled in accordance with the law in |
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75 | 75 | | 17 effect on January 1, 2023. |
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76 | 76 | | 18 (c) The initial judges appointed or elected to the |
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77 | 77 | | 19 additional circuit judgeships created pursuant to subsection |
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78 | 78 | | 20 (a) shall serve pursuant to Section 153 of the Constitution of |
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79 | 79 | | 21 Alabama of 1901. |
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80 | 80 | | 22 (d) The initial judges appointed or elected to the |
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81 | 81 | | 23 additional circuit judgeships created pursuant to subsection |
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82 | 82 | | 24 (a) shall have and shall exercise all the jurisdiction, power, |
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83 | 83 | | 25 rights, and authority and shall possess all of the |
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84 | 84 | | 26 qualifications, perform all of the duties, and shall be |
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85 | 85 | | Page 3 1 subject to all of the responsibilities and duties of the |
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86 | 86 | | 2 office to which other circuit judges are subject. |
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87 | 87 | | 3 (e) The annual compensation of the additional |
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88 | 88 | | 4 circuit judges appointed or elected pursuant to subsection (a) |
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89 | 89 | | 5 shall be in accordance with Chapter 10A of Title 12, Code of |
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90 | 90 | | 6 Alabama 1975, including, but not limited to, the provision |
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91 | 91 | | 7 that no circuit judge first appointed or elected to office |
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92 | 92 | | 8 after October 1, 2001, shall be provided a salary supplement |
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93 | 93 | | 9 or expense allowance. |
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94 | 94 | | 10 Section 2. (a)(1) There is created an additional |
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95 | 95 | | 11 district judgeship in the District Court of Baldwin County |
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96 | 96 | | 12 which shall be designated as District Judgeship Number 3. |
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97 | 97 | | 13 (2) There is created an additional district |
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98 | 98 | | 14 judgeship in the District Court of Cullman County which shall |
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99 | 99 | | 15 be designated as District Judgeship Number 3. |
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100 | 100 | | 16 (3) There is created an additional district |
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101 | 101 | | 17 judgeship in the District Court of DeKalb County which shall |
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102 | 102 | | 18 be designated as District Judgeship Number 2. |
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103 | 103 | | 19 (4) There is created an additional district |
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104 | 104 | | 20 judgeship in the District Court of Etowah County which shall |
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105 | 105 | | 21 be designated as District Judgeship Number 3. |
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106 | 106 | | 22 (5) There is created an additional district |
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107 | 107 | | 23 judgeship in the District Court of Madison County which shall |
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108 | 108 | | 24 be designated as District Judgeship Number 5. |
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109 | 109 | | 25 (6) There is created an additional district |
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110 | 110 | | 26 judgeship in the District Court of Mobile County which shall |
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111 | 111 | | 27 be designated as District Judgeship Number 6. |
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112 | 112 | | Page 4 1 (7) There is created an additional district |
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113 | 113 | | 2 judgeship in the District Court of Shelby County which shall |
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114 | 114 | | 3 be designated as District Judgeship Number 3. |
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115 | 115 | | 4 (8) There is created an additional district |
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116 | 116 | | 5 judgeship in the District Court of Tuscaloosa County which |
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117 | 117 | | 6 shall be designated as District Judgeship Number 3. |
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118 | 118 | | 7 (b) District Judgeship Number 3 in Baldwin County, |
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119 | 119 | | 8 District Judgeship Number 3 in Cullman County, District |
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120 | 120 | | 9 Judgeship Number 2 in DeKalb County, District Judgeship Number |
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121 | 121 | | 10 3 in Etowah County, District Judgeship Number 5 in Madison |
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122 | 122 | | 11 County, District Judgeship Number 6 in Mobile County, District |
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123 | 123 | | 12 Judgeship Number 3 in Shelby County, and District Judgeship |
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124 | 124 | | 13 Number 3 in Tuscaloosa County shall be filled in accordance |
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125 | 125 | | 14 with the law in effect on January 1, 2023. |
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126 | 126 | | 15 (c) The initial judges appointed or elected to the |
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127 | 127 | | 16 additional district judgeships pursuant to subsection (a) |
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128 | 128 | | 17 shall serve pursuant to Section 153 of the Constitution of |
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129 | 129 | | 18 Alabama of 1901. |
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130 | 130 | | 19 (d) The initial judges appointed or elected to the |
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131 | 131 | | 20 additional district judgeships created pursuant to subsection |
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132 | 132 | | 21 (a) shall have and shall exercise all the jurisdiction, power, |
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133 | 133 | | 22 rights, and authority and shall possess all of the |
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134 | 134 | | 23 qualifications, perform all of the duties, and shall be |
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135 | 135 | | 24 subject to all of the responsibilities and duties of the |
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136 | 136 | | 25 office to which other circuit judges are subject. |
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137 | 137 | | 26 (e) The annual compensation of the additional |
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138 | 138 | | 27 district judges appointed or elected pursuant to subsection |
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139 | 139 | | Page 5 1 (a) shall be in accordance with Chapter 10A of Title 12, Code |
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140 | 140 | | 2 of Alabama 1975, including, but not limited to, the provision |
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141 | 141 | | 3 that no district judge first appointed or elected to office |
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142 | 142 | | 4 after October 1, 2001, shall be provided a salary supplement |
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143 | 143 | | 5 or expense allowance. |
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144 | 144 | | 6 Section 3. This act shall become effective January |
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145 | 145 | | 7 1, 2023, following its passage and approval by the Governor, |
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146 | 146 | | 8 or its otherwise becoming law. |
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147 | 147 | | Page 6 |
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