Alabama 2023 Regular Session

Alabama Senate Bill SB39 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB39ENROLLED~~
	1	+	SB39INTRODUCED
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3		-	IVCUW6-3
	3	+	IVCUW6-1
4	4		By Senators Givhan, Elliott, Livingston, Butler, Chambliss,
5	5		Barfoot, Scofield, Albritton, Orr
6	6		RFD: Judiciary
7	7		First Read: 07-Mar-23
8		-	2023 Regular Session
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14		-	6 ~~SB39 EnrolledSB39 Enrolled~~
	13	+	6 IVCUW6-1 03/06/2023 CNB (L) bm 2023-743
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16		-	Enrolled, An Act,
17		-	Relating to judges; to provide for additional circuit
18		-	judgeships and additional district judgeships; to provide for
19		-	the authority of the judges and for the compensation and
20		-	benefits of the judges; to prohibit the Judicial Resources
21		-	Allocation Commission from reallocating any vacant judgeships
22		-	until January 1, 2027; and to require the Administrative
23		-	Office of Courts to provide certain statistical data annually.
24		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25		-	Section 1. (a)(1) There is created an additional
26		-	circuit judgeship for the Eleventh Judicial Circuit which
27		-	shall be designated as Circuit Judgeship Number 4.
28		-	(2) There is created an additional circuit judgeship
29		-	for the Nineteenth Judicial Circuit which shall be designated
30		-	as Circuit Judgeship Number 4. The judge elected to Judgeship
31		-	Number 4 may reside in any county within the Nineteenth
32		-	Judicial Circuit. The judge occupying Judgeship Number 4 shall
33		-	be assigned to the domestic relations division of the circuit.
34		-	(3) There is created an additional circuit judgeship
35		-	for the Twenty-third Judicial Circuit which shall be
36		-	designated as Circuit Judgeship Number 9.
37		-	(4) There is created an additional circuit judgeship
38		-	for the Twenty-eighth Judicial Circuit which shall be
39		-	designated as Circuit Judgeship Number 6.
40		-	(5) There is created an additional district judgeship
41		-	for Baldwin County which shall be designated as District
	15	+	SYNOPSIS:
	16	+	This bill would create an additional circuit
	17	+	judgeship, designated as Circuit Judgeship Number 9, in
	18	+	the Twenty-third Judicial Circuit comprised of Madison
	19	+	County, an additional circuit judgeship, designated as
	20	+	Circuit Judgeship Number 4, in the Nineteenth Judicial
	21	+	Circuit comprised of Autauga, Chilton, and Elmore
	22	+	Counties, and an additional circuit judgeship,
	23	+	designated as Circuit Judgeship Number 6, in the
	24	+	Twenty-eighth Judicial Circuit comprised of Baldwin
	25	+	County.
	26	+	This bill would provide for the authority of the
	27	+	judges and for the compensation and benefits of the
	28	+	judges.
	29	+	A BILL
	30	+	TO BE ENTITLED
	31	+	AN ACT
	32	+	To provide for an additional circuit judgeship in the
	33	+	Twenty-third Judicial Circuit comprised of Madison County; to
	34	+	provide for an additional circuit judgeship in the Nineteenth
	35	+	Judicial Circuit comprised of Autauga, Chilton, and Elmore
	36	+	Counties; to provide for an additional circuit judgeship in
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69		-	28 SB39 ~~EnrolledSB39 Enrolled~~
	64	+	28 SB39 INTRODUCEDSB39 INTRODUCED
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71		-	Judgeship Number 3.
72		-	(6) There is created an additional district judgeship
73		-	for DeKalb County which shall be designated as District
74		-	Judgeship Number 2.
75		-	(7) There is created an additional district judgeship
76		-	for Mobile County which shall be designated as District
77		-	Judgeship Number 6.
78		-	(b) The additional judgeships created pursuant to
79		-	subsection (a) shall be filled at the 2024 General Election.
	66	+	the Twenty-eighth Judicial Circuit comprised of Baldwin
	67	+	County; and to provide for the authority of the judges and for
	68	+	the compensation and benefits of the judges.
	69	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	70	+	Section 1. (a)(1) There is created an additional
	71	+	circuit judgeship for the Twenty-third Judicial Circuit which
	72	+	shall be designated as Circuit Judgeship Number 9.
	73	+	(2) There is created an additional circuit judgeship
	74	+	for the Nineteenth Judicial Circuit which shall be designated
	75	+	as Circuit Judgeship Number 4. The judge elected to Judgeship
	76	+	Number 4 may reside in any county within the Nineteenth
	77	+	Judicial Circuit. The judge occupying Judgeship Number 4 shall
	78	+	be assigned to the domestic relations division of the circuit.
	79	+	(3) There is created an additional circuit judgeship
	80	+	for the Twenty-eighth Judicial Circuit which shall be
	81	+	designated as Circuit Judgeship Number 6.
	82	+	(b) Circuit Judgeship Number 9 in the Twenty-third
	83	+	Judicial Circuit, Circuit Judgeship Number 4 in the Nineteenth
	84	+	Judicial Circuit, and Circuit Judgeship Number 6 in the
	85	+	Twenty-eighth Judicial Circuit shall be filled at the next
	86	+	general election after July 1, 2023.
80	87		(c) The initial judges elected to the additional
81		-	judgeships created pursuant to subsection (a) shall ~~serve for~~
82		-	a six-year term holding office from the first Monday ~~following~~
83		-	the second Tuesday in January after the general ~~election at~~
84		-	which the judges are elected.
	88	+	circuit judgeships created pursuant to subsection (a) shall
	89	+	serve for a six-year term holding office from the first Monday
	90	+	following the second Tuesday in January after the general
	91	+	election at which the judges are elected.
85	92		(d) The initial judges elected to the additional
86		-	judgeships created pursuant to subsection (a) shall have and
87		-	shall exercise all the jurisdiction, power, rights, and
88		-	authority and shall possess all of the qualifications, perform
89		-	all of the duties, and shall be subject to all of the
90		-	responsibilities and duties of the office to which other
91		-	judges are subject.
92		-	(e) The annual compensation of the additional judges
93		-	elected pursuant to subsection (a) shall be in accordance with
94		-	Chapter 10B of Title 12, Code of Alabama 1975, including, but
95		-	not limited to, the provision that no judge first elected or
96		-	appointed to office after October 1, 2021, may be provided a
97		-	salary supplement or expense allowance.
98		-	Section 2. (a)(1) There is created an additional
	93	+	circuit judgeships created pursuant to subsection (a) shall
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126		-	56 SB39 ~~EnrolledSB39 Enrolled~~
	121	+	56 SB39 INTRODUCEDSB39 INTRODUCED
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128		-	circuit judgeship for the Sixth Judicial Circuit which shall
129		-	be designated as Circuit Judgeship Number 7.
130		-	(2) There is created an additional circuit judgeship
131		-	for the Nineteenth Judicial Circuit which shall be designated
132		-	as Circuit Judgeship Number 5. The judge elected to Judgeship
133		-	Number 5 may reside in any county within the Nineteenth
134		-	Judicial Circuit.
135		-	(3) There is created an additional circuit judgeship
136		-	for the Twenty-eighth Judicial Circuit which shall be
137		-	designated as Circuit Judgeship Number 7.
138		-	(4) There is created an additional circuit judgeship
139		-	for the Thirty-seventh Judicial Circuit which shall be
140		-	designated as Circuit Judgeship Number 4.
141		-	(5) There is created an additional district judgeship
142		-	for Madison County which shall be designated as District
143		-	Judgeship Number 5.
144		-	(6) There is created an additional district judgeship
145		-	for Shelby County which shall be designated as District
146		-	Judgeship Number 3.
147		-	(b) The additional judgeships created pursuant to
148		-	subsection (a) shall be filled at the 2026 General Election.
149		-	(c) The initial judges elected to the additional
150		-	judgeships created pursuant to subsection (a) shall serve for
151		-	a six-year term holding office from the first Monday following
152		-	the second Tuesday in January after the general election at
153		-	which the judges are elected.
154		-	(d) The initial judges elected to the additional
155		-	judgeships created pursuant to subsection (a) shall have and
	123	+	have and shall exercise all the jurisdiction, power, rights,
	124	+	and authority and shall possess all of the qualifications,
	125	+	perform all of the duties, and shall be subject to all of the
	126	+	responsibilities and duties of the office to which other
	127	+	circuit judges are subject.
	128	+	(e) The annual compensation of the additional circuit
	129	+	judges elected pursuant to subsection (a) shall be in
	130	+	accordance with Chapter 10A of Title 12, Code of Alabama 1975,
	131	+	including, but not limited to, the provision that no circuit
	132	+	judge first elected or appointed to office after October 1,
	133	+	2001, may be provided a salary supplement or expense
	134	+	allowance.
	135	+	Section 2. This act shall become effective July 1,
	136	+	2023, following its passage and approval by the Governor, or
	137	+	its otherwise becoming law.
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185		-	shall exercise all the jurisdiction, power, rights, and
186		-	authority and shall possess all of the qualifications, perform
187		-	all of the duties, and shall be subject to all of the
188		-	responsibilities and duties of the office to which other
189		-	judges are subject.
190		-	(e) The annual compensation of the additional judges
191		-	elected pursuant to subsection (a) shall be in accordance with
192		-	Chapter 10B of Title 12, Code of Alabama 1975, including, but
193		-	not limited to, the provision that no judge first elected or
194		-	appointed to office after October 1, 2021, may be provided a
195		-	salary supplement or expense allowance.
196		-	Section 3. Notwithstanding Section 12-9A-2, Code of
197		-	Alabama 1975, or any other law to the contrary, a moratorium
198		-	on the reallocation of judges by the Judicial Resources
199		-	Allocation Commission for reallocating any vacant judgeships
200		-	shall be in effect until January 1, 2027.
201		-	Section 4. (a) The Administrative Office of Courts
202		-	shall provide the following statistics for each fiscal year by
203		-	circuit as provided in subsection (b):
204		-	(1) Number of civil cases filed broken down by
205		-	category.
206		-	(2) Number of civil cases resolved via a motion to
207		-	dismiss or voluntary dismissal.
208		-	(3) Number of civil cases resolved via a motion for
209		-	summary judgment.
210		-	(4) Number of civil cases in which a jury is empaneled.
211		-	(5) Number of civil cases tried to a jury verdict.
212		-	(6) Number of criminal cases filed broken down by type
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242		-	of offense.
243		-	(7) Number of total criminal counts filed broken down
244		-	by type of offense.
245		-	(8) Number of criminal cases resolved via dismissal.
246		-	(9) Number of criminal cases resolved via plea
247		-	agreement.
248		-	(10) Number of criminal cases resolved via some form of
249		-	pre-trial diversion or alternative resolution program.
250		-	(11) Number of criminal cases in which a jury is
251		-	empaneled.
252		-	(12) Number of criminal cases tried to a jury verdict.
253		-	(13) Number of juvenile cases filed broken down by
254		-	dependency and delinquency.
255		-	(14) Number of juvenile cases resolved.
256		-	(15) Number of domestic cases filed broken down by
257		-	category.
258		-	(16) Number of domestic cases resolved.
259		-	(17) Number of probate cases appealed to the circuit
260		-	court.
261		-	(18) Any other information or data deemed relevant by
262		-	the Alabama Supreme Court.
263		-	(b) The information required in subsection (a) shall be
264		-	provided to all of the following by January 15 of each year:
265		-	(1) The Speaker of the House of Representatives.
266		-	(2) The President Pro Tempore of the Senate.
267		-	(3) The chair of the Senate Finance and Taxation,
268		-	General Fund Committee.
269		-	(4) The chair of the House Ways and Means General Fund
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299		-	Committee.
300		-	(5) The chair of the Senate Judiciary Committee.
301		-	(6) The chair of the House Judiciary Committee.
302		-	(7) The Legislative Fiscal Officer.
303		-	(8) The chair of the Legislative Council.
304		-	(9) The vice chair of the Legislative Council.
305		-	(10) The Senate Minority Leader.
306		-	(11) The House Minority Leader.
307		-	Section 5. This act shall become effective immediately
308		-	following its passage and approval by the Governor, or its
309		-	otherwise becoming law.
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322		-	________________________________________________
323		-	President and Presiding Officer of the Senate
324		-	________________________________________________
325		-	Speaker of the House of Representatives
326		-	SB39
327		-	Senate 11-May-23
328		-	I hereby certify that the within Act originated in and passed
329		-	the Senate, as amended.
330		-	Patrick Harris,
331		-	Secretary.
332		-	House of Representatives
333		-	Passed: 23-May-23
334		-	By: Senator Givhan
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