SB227INTRODUCED
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SB227
LS3PWYW-1
By Senator Barfoot
RFD: Finance and Taxation General Fund
First Read: 05-Mar-25
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5 LS3PWYW-1 02/25/2025 OW (L)cr 2025-305
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First Read: 05-Mar-25
SYNOPSIS:
Under existing law, the salary of any justice,
judge, or district attorney newly appointed or elected
is set by law.
This bill would make certain technical
amendments to the law to allow for the implementation
of certain cost-of-living adjustments already enacted.
This bill would also further implement a
proposed constitutional amendment to change when a
district attorney's salary may be altered.
A BILL
TO BE ENTITLED
AN ACT
Relating to compensation for district attorneys,
judges, and certain local officials; to amend Sections
12-10B-1 and 12-10B-3, Code of Alabama 1975, to remove
restrictions on district attorney salary increases; and to
amend Section 12-17-182, Code of Alabama 1975, to provide for
the compensation of newly appointed district attorneys.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 12-10B-1 and 12-10B-3, Code of
Alabama 1975, are amended to read as follows:
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Alabama 1975, are amended to read as follows:
"§12-10B-1
(a) Pursuant to Amendment 426 Section 148 of the
Constitution of Alabama 1901 of 2022, now appearing as Section
148 of the Official Recompilation of the Constitution of
Alabama of 1901, as amended , and notwithstanding any other
provision of law, beginning on October 1, 2021, judges and
justices shall be compensated as follows:
(1) The chief justice of the supreme court's initial
salary shall be one hundred seventy-six thousand dollars
($176,000).
(2) An associate supreme court justice's initial salary
shall be one hundred seventy-five thousand dollars ($175,000).
(3) An appellate court judge's initial salary shall be
one hundred seventy-four thousand dollars ($174,000). The
presiding judge of any appellate court shall receive
additional compensation of five hundred dollars ($500) per
year.
(4) A circuit judge's initial salary shall be one
hundred forty thousand dollars ($140,000).
(5) A district judge's initial salary shall be one
hundred thirty-nine thousand dollars ($139,000).
(b) Each of these amounts shall be adjusted by the
Administrative Office of Courts to reflect any cost-of-living
adjustment effective on or after October 1, 2021.
(b)(1)a.(c)(1)a. The salary of circuit judges and
district judges shall be increased by 7.5 percent on October 1
after the completion of six full years of service as a circuit
or district judge. The salary shall be increased by an
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or district judge. The salary shall be increased by an
additional 7.5 percent on October 1 after the completion of 12
full years of service as a circuit or district judge. The
salary shall be increased by an additional 7.5 percent on
October 1 after the completion of 18 full years of service as
a circuit or district judge.
b. A district judge who is subsequently appointed or
elected as a circuit judge shall receive as an initial salary
the base salary of a circuit judge plus the appropriate amount
for bench experience as a circuit or district judge as
provided in paragraph a.
c. A circuit or district judge who is subsequently
appointed or elected as the chief justice of the supreme
court, a supreme court justice, or a judge of the appellate
court, shall receive the initial salary of the chief justice
of the supreme court, a supreme court justice, or an appellate
court judge as provided in subdivision subdivisions (a) (1),
(a)(2), or (a)(3) of subsection (a) .
(2)a. The salary of the chief justice of the supreme
court, supreme court justices, and judges of the appellate
courts shall be increased by 7.5 percent on October 1 after
the completion of six full years of service as the chief
justice of the supreme court, a supreme court justice, or a
judge of the appellate court. The salary shall be increased by
an additional 7.5 percent on October 1 after the completion of
12 full years of service as the chief justice of the supreme
court, a supreme court justice, or a judge of the appellate
court. The salary shall be increased by an additional 7.5
percent on October 1 after the completion of 18 full years of
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percent on October 1 after the completion of 18 full years of
service as the chief justice of the supreme court, a supreme
court justice, or a judge of the appellate court.
b. A chief justice of the supreme court, a supreme
court justice, or a judge of the appellate court who is
subsequently appointed or elected as a chief justice of the
supreme court, a supreme court justice, or a judge of an
appellate court shall receive as an initial salary the base
salary of the judge or justice as provided in subdivision
subdivisions (a) (1), (a)(2), or (a)(3) of subsection (a) , plus
the appropriate amount for bench experience as the chief
justice of the supreme court, a supreme court justice, or a
judge of the appellate court as provided in paragraph a.
(3) The compensation paid by the state to any judge or
justice in service on October 1, 2021, may not be diminished
pursuant to this section. If a judge's or justice's
compensation would be diminished pursuant to subsection (a),
his or her compensation received on October 1, 2021, shall
remain the same as it was prior to October 1, 2021, and may
not be increased until the bench experience increase provided
for in subsection (b) exceeds his or her current compensation.
(c)(1)(d)(1) Notwithstanding any existing general or
local law, existing circuit or district judges in service on
October 1, 2021, and any circuit or district judge appointed
or elected after October 1, 2021, may only be paid
compensation from the State Treasury, and may not receive any
salary supplement or expense allowance, or both, from any
county.
(2) This subsection shall supersede any local law
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(2) This subsection shall supersede any local law
providing a salary supplement or expense allowance for a
circuit or district judge."
"§12-10B-3
(a) Beginning on October 1, 2021, and notwithstanding
any other provision of law, any compensation, salary
supplement, or expense allowance under existing law paid by
the state, or any political subdivision of the state, to any
elected official or state officer or employee, excluding
circuit and district judges, district attorneys, and the
Attorney General, that is based in whole or in part on the
compensation, salary supplement, or expense allowance of
another judge or justice shall be based on the salary, salary
supplement, or expense allowance of the judge or justice on
September 30, 2021.
(b) Beginning with the next term of office following
October 1, 2025, the compensation of any elected official
subject to a local law that sets his or her compensation in
whole or in part on the salary of a circuit or district judge
shall be calculated using the base amounts in Section
12-10B-1, and any adjustment based on service or longevity
must be based on the elected official's own time in office.
(c) Any compensation paid to an elected official
subject to this section between October 1, 2021, and the
official's next term of office commencing after October 1,
2025, is ratified and confirmed. "
Section 2. Section 12-17-182, Code of Alabama 1975, is
also amended to read as follows:
"§12-17-182
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"§12-17-182
(a)(1) Subject to subdivision (2), district District
attorneys for each judicial circuit in the state serving on
October 1, 2021, until the end of his or her service, shall be
paid by the state an annual salary of an amount equal to one
thousand dollars ($1,000) less than the salary paid by the
state to the highest paid circuit judge of the state, payable
as the salaries of other state officers are paid. District
attorneys holding office on October 1, 2021, are exempt from
subsection (b).
(2) A district attorney's salary may only increase
after the completion of the term for which he or she was
appointed or elected, and after completion of any subsequent
elected term.
(b)(1) Notwithstanding subsection (a), any district
attorney newly appointed or elected after October 1, 2021,
shall receive an initial salary of one hundred forty thousand
dollars ($140,000) the salary equivalent to an incoming
circuit court judge as determined by the Alabama
Administrative Office of Courts .
(2) The salary of district attorneys shall be increased
by 7.5 percent for the term commencing after the completion of
the first term for which he or she was appointed or elected as
district attorney. The salary shall be increased by an
additional 7.5 percent for the term commencing after the
completion of his or her second term as district attorney. The
salary shall be increased by an additional 7.5 percent for the
term commencing after the completion of his or her third term
as district attorney. The salary shall further be increased by
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as district attorney. The salary shall further be increased by
any cost-of-living adjustment enacted by the Legislature not
already granted to the district attorney during the previous
term.
(c) The compensation paid by the state to any district
attorney in service on October 1, 2021, 2025 may not be
diminished pursuant to Act 2021-441 the act adding this
amendatory language .
(d) Upon ratification of the constitutional amendment
proposed in Senate Bill ___ of the 2025 Regular Session,
providing that the salary of a district attorney may not be
decreased during his or her term of office, the salary of each
district attorney shall be increased by any cost-of-living
adjustment effective on or after October 1, 2021, that is not
already reflected in his or her compensation. "
Section 3. This act shall become effective on October
1, 2025.
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