1 SB173 2 216617-1 3 By Senators Whatley and Price 4 RFD: Finance and Taxation General Fund 5 First Read: 02-FEB-22 Page 0 1 216617-1:n:01/24/2022:CNB/bm LSA2022-296 2 3 4 5 6 7 8 SYNOPSIS: Under existing law, there are currently 146 9 circuit judgeships in the state. 10 This bill would create additional circuit 11 judgeships in various judicial circuits throughout 12 the state. 13 Under existing law, there are currently 106 14 district judgeships in the state. 15 This bill would create additional district 16 judgeships in various counties throughout the 17 state. 18 This bill would also provide for the 19 authority of the judges and for the compensation 20 and benefits of the judges. 21 22 A BILL 23 TO BE ENTITLED 24 AN ACT 25 26 Relating to courts; to provide for additional 27 circuit judgeships in various judicial circuits throughout the Page 1 1 state; to provide for additional district judgeships in 2 various counties throughout the state; and to provide for the 3 authority of the judges and for the compensation and benefit 4 of the judges. 5 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 6 Section 1. (a)(1) There is created an additional 7 circuit judgeship for the Fifth Judicial Circuit which shall 8 be designated as Circuit Judgeship Number 4. 9 (2) There is created an additional circuit judgeship 10 for the Sixth Judicial Circuit which shall be designated as 11 Circuit Judgeship Number 7. 12 (3) There is created an additional circuit judgeship 13 for the Eleventh Judicial Circuit which shall be designated as 14 Circuit Judgeship Number 4. 15 (4) There are created two additional circuit 16 judgeships for the Thirteenth Judicial Circuit which shall be 17 designated as Circuit Judgeships Number 12 and 13. 18 (5) There are created two additional circuit 19 judgeships for the Nineteenth Judicial Circuit which shall be 20 designated as Circuit Judgeships Number 4 and 5. The judges 21 appointed or elected to Judgeships Number 4 and 5 may reside 22 in any county within the Nineteenth Judicial Circuit. 23 (6) There are created three additional circuit 24 judgeships for the Twenty-third Judicial Circuit which shall 25 be designated as Circuit Judgeships Number 8, 9, and 10. Page 2 1 (7) There are created two additional circuit 2 judgeships for the Twenty-eighth Judicial Circuit which shall 3 be designated as Circuit Judgeships Number 6 and 7. 4 (8) There is created an additional circuit judgeship 5 for the Thirty-seventh Judicial Circuit which shall be 6 designated as Circuit Judgeship Number 4. 7 (b) Circuit Judgeship Number 4 in the Fifth Judicial 8 Circuit, Circuit Judgeship Number 7 in the Sixth Judicial 9 Circuit, Circuit Judgeship Number 4 in the Eleventh Judicial 10 Circuit, Circuit Judgeships Number 12 and 13 in the Thirteenth 11 Judicial Circuit, Circuit Judgeships Number 4 and 5 in the 12 Nineteenth Judicial Circuit, Circuit Judgeships Number 8, 9, 13 and 10 in the Twenty-third Judicial Circuit, Circuit 14 Judgeships Number 6 and 7 in the Twenty-eighth Judicial 15 Circuit, and Circuit Judgeship Number 4 in the Thirty-seventh 16 Judicial Circuit shall be filled in accordance with the law in 17 effect on January 1, 2023. 18 (c) The initial judges appointed or elected to the 19 additional circuit judgeships created pursuant to subsection 20 (a) shall serve pursuant to Section 153 of the Constitution of 21 Alabama of 1901. 22 (d) The initial judges appointed or elected to the 23 additional circuit judgeships created pursuant to subsection 24 (a) shall have and shall exercise all the jurisdiction, power, 25 rights, and authority and shall possess all of the 26 qualifications, perform all of the duties, and shall be Page 3 1 subject to all of the responsibilities and duties of the 2 office to which other circuit judges are subject. 3 (e) The annual compensation of the additional 4 circuit judges appointed or elected pursuant to subsection (a) 5 shall be in accordance with Chapter 10A of Title 12, Code of 6 Alabama 1975, including, but not limited to, the provision 7 that no circuit judge first appointed or elected to office 8 after October 1, 2001, shall be provided a salary supplement 9 or expense allowance. 10 Section 2. (a)(1) There is created an additional 11 district judgeship in the District Court of Baldwin County 12 which shall be designated as District Judgeship Number 3. 13 (2) There is created an additional district 14 judgeship in the District Court of Cullman County which shall 15 be designated as District Judgeship Number 3. 16 (3) There is created an additional district 17 judgeship in the District Court of DeKalb County which shall 18 be designated as District Judgeship Number 2. 19 (4) There is created an additional district 20 judgeship in the District Court of Etowah County which shall 21 be designated as District Judgeship Number 3. 22 (5) There is created an additional district 23 judgeship in the District Court of Madison County which shall 24 be designated as District Judgeship Number 5. 25 (6) There is created an additional district 26 judgeship in the District Court of Mobile County which shall 27 be designated as District Judgeship Number 6. Page 4 1 (7) There is created an additional district 2 judgeship in the District Court of Shelby County which shall 3 be designated as District Judgeship Number 3. 4 (8) There is created an additional district 5 judgeship in the District Court of Tuscaloosa County which 6 shall be designated as District Judgeship Number 3. 7 (b) District Judgeship Number 3 in Baldwin County, 8 District Judgeship Number 3 in Cullman County, District 9 Judgeship Number 2 in DeKalb County, District Judgeship Number 10 3 in Etowah County, District Judgeship Number 5 in Madison 11 County, District Judgeship Number 6 in Mobile County, District 12 Judgeship Number 3 in Shelby County, and District Judgeship 13 Number 3 in Tuscaloosa County shall be filled in accordance 14 with the law in effect on January 1, 2023. 15 (c) The initial judges appointed or elected to the 16 additional district judgeships pursuant to subsection (a) 17 shall serve pursuant to Section 153 of the Constitution of 18 Alabama of 1901. 19 (d) The initial judges appointed or elected to the 20 additional district judgeships created pursuant to subsection 21 (a) shall have and shall exercise all the jurisdiction, power, 22 rights, and authority and shall possess all of the 23 qualifications, perform all of the duties, and shall be 24 subject to all of the responsibilities and duties of the 25 office to which other circuit judges are subject. 26 (e) The annual compensation of the additional 27 district judges appointed or elected pursuant to subsection Page 5 1 (a) shall be in accordance with Chapter 10A of Title 12, Code 2 of Alabama 1975, including, but not limited to, the provision 3 that no district judge first appointed or elected to office 4 after October 1, 2001, shall be provided a salary supplement 5 or expense allowance. 6 Section 3. This act shall become effective January 7 1, 2023, following its passage and approval by the Governor, 8 or its otherwise becoming law. Page 6