Alabama Senate Bill SB82

Alabama 2022 Regular Session

• Introduced: 1/13/22
• Refer: 1/13/22

Caption

Judges, to further provide for the initial appointment to a newly created judgeship, const. amend.

Impact

The bill seeks to amend Section 152 of the Alabama Constitution, which currently mandates that all judges shall be elected. By introducing the possibility of legislative appointments for new judgeships, SB82 could significantly affect the autonomy of the judicial election process in Alabama. This may enhance the state's ability to respond promptly to judicial needs as they arise but could also raise questions about the impartiality and independence of the judiciary.

Summary

SB82 proposes an amendment to the Constitution of Alabama which changes the process of filling newly created judgeships. This bill allows the legislature to appoint a judge to a new judgeship in the same manner as filling a vacancy. The intent of this amendment is to streamline the judicial appointment process at the state level, allowing for potentially quicker staffing of newly established judicial positions.

Contention

Opponents of the bill may argue that the ability for the legislature to appoint judges could inject political influence into the judicial system, undermining the principle of separation of powers. This has been a point of contention in discussions surrounding the bill, as it touches upon the broader issues of legislative power versus judicial independence, which has historical roots in the debate over how judges should be selected.