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Alabama Court of the Judiciary
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The Alabama Court of the Judiciary is a constitutionally mandated court component of the state judicial disciplinary agency in Alabama. The court convenes to hear complaints filed by the Alabama Judicial Inquiry Commission, and has the authority to sanction, censure, suspend, remove or retire judges who have committed misconduct or are incapacitated.[1]
Organization
The Court of the Judiciary consists of nine members, four judicial and five non-judicial.[2]
- One judicial member is from the state appellate courts, other than the supreme court. This member is selected by the supreme court and serves as the chief judge for the court of the judiciary.
- Two judicial members are from the circuit courts and are selected by the Alabama Circuit Judges' Association.
- One judicial member is from the district courts and is selected by the Alabama District Judges' Association.
- Two non-judicial members are members of the Alabama State Bar and are selected by the bar's governing body.
- Three non-judicial members are members of the public and are appointed by the governor.
Members of the court
A current list of the members can be found on the Court of the Judiciary website.
Complaint procedure
- Formal cases begin when the Alabama Judicial Inquiry Commission files a case through the attorney general with the Court of the Judiciary secretary.[3]
- The judge whom the complaint has been filed against is served a notice and is allowed 30 days to make a response.[4][5]
- A court date is set, and a trial proceeds with at least a quorum of members of the court.[6][7]
- In general, the court follows the Alabama Rules of Civil Procedure and the rules of evidence used in civil cases in Alabama.[8]
- Decisions of the court must be given within 10 days of the end of the trial.[9]
Rules of procedure
The Court of the Judiciary has 27 rules of procedure:[10]
- Rule 1. Definitions.
- Rule 2. Secretary.
- Rule 3. Complaint; filing, contents, etc.; right to notice, responsive pleadings, etc.
- Rule 4. Service of notice of complaint.
- Rule 5. Filing responsive pleadings.
- Rule 6. When court members not to participate.
- Rule 7. Dilatory actions disfavored.
- Rule 8. Date and place of hearing.
- Rule 9. Nature of hearings.
- Rule 10. Rules of procedure and evidence to govern.
- Rule 11. Court to proceed where no pleadings filed or appearance made.
- Rule 12. Appointment of counsel.
- Rule 13. Persons designated as interested party.
- Rule 14. Witnesses.
- Rule 15. Obligation to assist, aid, etc., court.
- Rule 16. Decisions, orders, etc., of court.
- Rule 17. Designation of bailiff; punishment for contempt.
- Rule 18. Judicial notice.
- Rule 19. Place of hearing.
- Rule 20. Court orders.
- Rule 21. Transcript of proceedings.
- Rule 22. Subpoenas; witness fees.
- Rule 23. Copies of rules.
- Rule 24. Presiding judge.
- Rule 25. Effective date.
- Rule 26. Selection and appointment of alternate judges.
- Rule 27. Publication.
Rules of appeal
Commission decisions
A list of recent decisions can be found on the Court of the Judiciary Overview website.
History
The Court of the Judiciary was officially established in December of 1973.[11][12]
| Date | Developments |
|---|---|
| 1901 | The Alabama Constitution of 1901 (section 173 and 174) stated that supreme court justices could be removed by the state legislature through impeachment. Other judges could be removed by the supreme court.[12] |
| 1972 | Amendment 317 to the Alabama Constitution established the Alabama Judicial Commission.[12] |
| 1973 | Amendment 328 to the Alabama Constitution established the Judicial Inquiry Commission and the Court of the Judiciary as part of a complete revision of the judicial section of the Constitution.[12] |
| 1974 | The Alabama Supreme Court creates the Rules of Procedure for the Court of the Judiciary.[11] |
| 1996 | Amendment 581 to the Alabama Constitution increased the number of members on the Court from five to nine, and made changes to the selection process.[12][13][14] |
| 2001 | Without prior notification, the state supreme court amended procedural rules. One major change regarded rules of confidentiality, requiring that complaints had to be verified and complainant names were given to judges. This let to a significantly reducing the number of complaints filed with the Judicial Inquiry Commission.[11] |
| 2002 | The Alabama Supreme Court creates the Standing Advisory Committee for Rules of Procedure for the Court of the Judiciary and the Judicial Inquiry Commission to help make future rule change recommendations.[11] |
Code of judicial conduct
Below is the summary of the Alabama Canons of Judicial Ethics. Full documentation is available at the Alabama Supreme Court and State Law Library website.
| Canon 1. A judge should uphold the integrity and independence of the judiciary. |
| Canon 2. A judge should avoid impropriety and the appearance of impropriety in all his activities. |
| Canon 3. A judge should perform the duties of his office impartially and diligently. |
| Canon 4. A judge may engage in activities to improve the law, the legal system, and the administration of justice. |
| Canon 5. A judge should regulate his extra-judicial activities to minimize the risk of conflict with his judicial duties. |
| Canon 6. A judge should regularly file reports of his financial interests. |
| Canon 7. A judge or a judicial candidate shall refrain from political activity inappropriate to judicial office.[15] |
Contact information
Court of the Judiciary
300 Dexter Ave.
Montgomery, AL 36104
See also
External links
Footnotes
- ↑ Constitution of Alabama of 1901 (Recompiled): Article VI
- ↑ Alabama Judicial System, "Court of the Judiciary Overview"
- ↑ Rules of Procedure for the Alabama Court of the Judiciary, "Rule 3. Complaint; filing, contents, etc.; right to notice, responsive pleadings, etc."
- ↑ Rules of Procedure for the Alabama Court of the Judiciary, "Rule 4. Service of notice of complaint."
- ↑ Rules of Procedure for the Alabama Court of the Judiciary, "Rule 5. Filing responsive pleadings."
- ↑ Rules of Procedure for the Alabama Court of the Judiciary, "Rule 8. Date and place of hearing."
- ↑ Rules of Procedure for the Alabama Court of the Judiciary, "Rule 9. Nature of hearings."
- ↑ Rules of Procedure for the Alabama Court of the Judiciary, "Rule 10. Rules of procedure and evidence to govern."
- ↑ Rules of Procedure for the Alabama Court of the Judiciary, "Rule 16. Decisions, orders, etc., of court."
- ↑ Alabama Supreme Court and State Law Library, "Rules of Procedure for the Alabama Court of the Judiciary"
- ↑ 11.0 11.1 11.2 11.3 Alabama Unified Judicial System, "Alabama Report on the Judicial Discipline System," March, 2009
- ↑ 12.0 12.1 12.2 12.3 12.4 Judicial Inquiry Commission, "2005 Annual Report"
- ↑ The Alabama Constitution of 1901, "Amendment 328"
- ↑ The Alabama Constitution of 1901, "Amendment 581"
- ↑ Alabama Supreme Court and State Law Library, "Canons of Judicial Ethics"
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Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama • U.S. Bankruptcy Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama
State courts:
Alabama Supreme Court • Alabama Court of Civil Appeals • Alabama Court of Criminal Appeals • Alabama Circuit Courts • Alabama District Courts • Alabama Juvenile Courts • Alabama Municipal Courts • Alabama Probate Courts • Alabama Small Claims Courts
State resources:
Courts in Alabama • Alabama judicial elections • Judicial selection in Alabama
