SB39ENROLLED
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IVCUW6-3
By Senators Givhan, Elliott, Livingston, Butler, Chambliss,
Barfoot, Scofield, Albritton, Orr
RFD: Judiciary
First Read: 07-Mar-23
2023 Regular Session
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Enrolled, An Act,
Relating to judges; to provide for additional circuit
judgeships and additional district judgeships; to provide for
the authority of the judges and for the compensation and
benefits of the judges; to prohibit the Judicial Resources
Allocation Commission from reallocating any vacant judgeships
until January 1, 2027; and to require the Administrative
Office of Courts to provide certain statistical data annually.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a)(1) There is created an additional
circuit judgeship for the Eleventh Judicial Circuit which
shall be designated as Circuit Judgeship Number 4.
(2) There is created an additional circuit judgeship
for the Nineteenth Judicial Circuit which shall be designated
as Circuit Judgeship Number 4. The judge elected to Judgeship
Number 4 may reside in any county within the Nineteenth
Judicial Circuit. The judge occupying Judgeship Number 4 shall
be assigned to the domestic relations division of the circuit.
(3) There is created an additional circuit judgeship
for the Twenty-third Judicial Circuit which shall be
designated as Circuit Judgeship Number 9.
(4) There is created an additional circuit judgeship
for the Twenty-eighth Judicial Circuit which shall be
designated as Circuit Judgeship Number 6.
(5) There is created an additional district judgeship
for Baldwin County which shall be designated as District
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Judgeship Number 3.
(6) There is created an additional district judgeship
for DeKalb County which shall be designated as District
Judgeship Number 2.
(7) There is created an additional district judgeship
for Mobile County which shall be designated as District
Judgeship Number 6.
(b) The additional judgeships created pursuant to
subsection (a) shall be filled at the 2024 General Election.
(c) The initial judges elected to the additional
judgeships created pursuant to subsection (a) shall serve for
a six-year term holding office from the first Monday following
the second Tuesday in January after the general election at
which the judges are elected.
(d) The initial judges elected to the additional
judgeships created pursuant to subsection (a) shall have and
shall exercise all the jurisdiction, power, rights, and
authority and shall possess all of the qualifications, perform
all of the duties, and shall be subject to all of the
responsibilities and duties of the office to which other
judges are subject.
(e) The annual compensation of the additional judges
elected pursuant to subsection (a) shall be in accordance with
Chapter 10B of Title 12, Code of Alabama 1975, including, but
not limited to, the provision that no judge first elected or
appointed to office after October 1, 2021, may be provided a
salary supplement or expense allowance.
Section 2. (a)(1) There is created an additional
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circuit judgeship for the Sixth Judicial Circuit which shall
be designated as Circuit Judgeship Number 7.
(2) There is created an additional circuit judgeship
for the Nineteenth Judicial Circuit which shall be designated
as Circuit Judgeship Number 5. The judge elected to Judgeship
Number 5 may reside in any county within the Nineteenth
Judicial Circuit.
(3) There is created an additional circuit judgeship
for the Twenty-eighth Judicial Circuit which shall be
designated as Circuit Judgeship Number 7.
(4) There is created an additional circuit judgeship
for the Thirty-seventh Judicial Circuit which shall be
designated as Circuit Judgeship Number 4.
(5) There is created an additional district judgeship
for Madison County which shall be designated as District
Judgeship Number 5.
(6) There is created an additional district judgeship
for Shelby County which shall be designated as District
Judgeship Number 3.
(b) The additional judgeships created pursuant to
subsection (a) shall be filled at the 2026 General Election.
(c) The initial judges elected to the additional
judgeships created pursuant to subsection (a) shall serve for
a six-year term holding office from the first Monday following
the second Tuesday in January after the general election at
which the judges are elected.
(d) The initial judges elected to the additional
judgeships created pursuant to subsection (a) shall have and
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shall exercise all the jurisdiction, power, rights, and
authority and shall possess all of the qualifications, perform
all of the duties, and shall be subject to all of the
responsibilities and duties of the office to which other
judges are subject.
(e) The annual compensation of the additional judges
elected pursuant to subsection (a) shall be in accordance with
Chapter 10B of Title 12, Code of Alabama 1975, including, but
not limited to, the provision that no judge first elected or
appointed to office after October 1, 2021, may be provided a
salary supplement or expense allowance.
Section 3. Notwithstanding Section 12-9A-2, Code of
Alabama 1975, or any other law to the contrary, a moratorium
on the reallocation of judges by the Judicial Resources
Allocation Commission for reallocating any vacant judgeships
shall be in effect until January 1, 2027.
Section 4. (a) The Administrative Office of Courts
shall provide the following statistics for each fiscal year by
circuit as provided in subsection (b):
(1) Number of civil cases filed broken down by
category.
(2) Number of civil cases resolved via a motion to
dismiss or voluntary dismissal.
(3) Number of civil cases resolved via a motion for
summary judgment.
(4) Number of civil cases in which a jury is empaneled.
(5) Number of civil cases tried to a jury verdict.
(6) Number of criminal cases filed broken down by type
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of offense.
(7) Number of total criminal counts filed broken down
by type of offense.
(8) Number of criminal cases resolved via dismissal.
(9) Number of criminal cases resolved via plea
agreement.
(10) Number of criminal cases resolved via some form of
pre-trial diversion or alternative resolution program.
(11) Number of criminal cases in which a jury is
empaneled.
(12) Number of criminal cases tried to a jury verdict.
(13) Number of juvenile cases filed broken down by
dependency and delinquency.
(14) Number of juvenile cases resolved.
(15) Number of domestic cases filed broken down by
category.
(16) Number of domestic cases resolved.
(17) Number of probate cases appealed to the circuit
court.
(18) Any other information or data deemed relevant by
the Alabama Supreme Court.
(b) The information required in subsection (a) shall be
provided to all of the following by January 15 of each year:
(1) The Speaker of the House of Representatives.
(2) The President Pro Tempore of the Senate.
(3) The chair of the Senate Finance and Taxation,
General Fund Committee.
(4) The chair of the House Ways and Means General Fund
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Committee.
(5) The chair of the Senate Judiciary Committee.
(6) The chair of the House Judiciary Committee.
(7) The Legislative Fiscal Officer.
(8) The chair of the Legislative Council.
(9) The vice chair of the Legislative Council.
(10) The Senate Minority Leader.
(11) The House Minority Leader.
Section 5. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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________________________________________________
President and Presiding Officer of the Senate
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Speaker of the House of Representatives
SB39
Senate 11-May-23
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 23-May-23
By: Senator Givhan
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