Judicial selection in Alabama
| Judicial selection in Alabama | |
 | |
| Alabama Supreme Court | |
| Method: | Partisan election |
| Term: | 6 years |
| Alabama Court of Civil Appeals | |
| Method: | Partisan election |
| Term: | 6 years |
| Alabama Court of Criminal Appeals | |
| Method: | Partisan election |
| Term: | 6 years |
| Alabama Circuit Courts | |
| Method: | Partisan election |
| Term: | 6 years |
| Alabama District Courts | |
| Method: | Partisan election |
| Term: | 6 years |
| Alabama Probate Courts | |
| Method: | Partisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Alabama, including:
- Alabama Supreme Court,
- Alabama Court of Civil Appeals,
- Alabama Court of Criminal Appeals,
- Alabama Circuit Courts, and
- Limited jurisdiction courts
As of April 2025, judges for all courts in the state of Alabama, except the Alabama Municipal Courts, were selected through partisan elections. Municipal judges were selected by the governing body of their municipality.[1][2]
Click here to notify us of changes to judicial selection methods in this state.
Alabama Supreme Court
- See also: Alabama Supreme Court
The nine justices on the Alabama Supreme Court are selected through partisan elections for six-year terms. They appear on partisan election ballots statewide and face re-election if they wish to serve again.[1] For more information about these elections, visit the Alabama judicial elections page.
Qualifications
To serve on this court, a judge must be:
- licensed to practice law for at least 10 years;
- a state resident for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their terms expire).[3][4]
Chief justice
The chief justice of the court is selected by popular vote, serving in that office for his or her full six-year term.[1][5]
Vacancies
Should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim justice is appointed by the governor. Any justice appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office.[1][6]
The map below highlights how vacancies are filled in state supreme courts across the country.
Alabama Court of Civil Appeals
- See also: Alabama Court of Civil Appeals
The five judges on the Alabama Court of Civil Appeals are selected through partisan elections for six-year terms. They appear on partisan election ballots statewide and face re-election if they wish to serve again.[7][1] For more information about these elections, visit the Alabama judicial elections page.
Qualifications
To serve on this court, a judge must be:
- licensed to practice law for at least 10 years;
- a state resident for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their terms expire).[3][4]
Chief judge
The chief judge of the court is the most senior judge and serves for an indefinite term.[1][7]
Vacancies
Should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim judge is appointed by the governor. Any judge appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office.[1][6]
Alabama Court of Criminal Appeals
- See also: Alabama Court of Criminal Appeals
The five judges on the Alabama Court of Criminal Appeals are selected through partisan elections for six-year terms. They appear on partisan election ballots statewide and face re-election if they wish to serve again.[1][8] For more information about these elections, visit the Alabama judicial elections page.
Qualifications
To serve on this court, a judge must be:
- licensed to practice law for at least 10 years;
- a state resident for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their terms expire).[4][3]
Chief judge
The chief judge is selected by the members of the court and serves for an indefinite term.[8]
Vacancies
Should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim judge is appointed by the governor. Any judge appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office.[1][6]
Alabama Circuit Courts
- See also: Alabama Circuit Courts
The judges on the Alabama Circuit Courts are selected through partisan elections for six-year terms. They appear on partisan election ballots and face re-election if they wish to serve again.[1]
Qualifications
To serve on this court, a judge must be:
- licensed to practice law for at least seven years;
- a resident of his or her circuit for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires)[3][4]
Chief judge
The chief judge of a circuit court is selected by peer vote and serves a three-year term.[9]
Vacancies
As of April 2025, the counties of Baldwin, Jefferson, Lauderdale, Madison, Mobile, Shelby, Talladega and Tuscaloosa used judicial nominating commissions to fill vacancies. The governor chooses his or her appointee from a pool of the commission's nominees. Each county individually determines the size, composition, and procedures for its nominating commission.[1][10]
Limited jurisdiction courts
Alabama has three types of limited jurisdiction courts: district courts, probate courts, and municipal courts.[2][11]
Alabama District Courts
Judges of the Alabama District Courts are chosen in partisan elections. To serve on this court, a judge must have been licensed to practice law for four years, reside in the district for at least one year before election, and cannot be older than the mandatory retirement age of 70.[4]
Alabama Probate Courts
Judges of the Alabama Probate Courts are chosen in partisan elections. To serve on this court, a judge must reside in the district for at least one year before election, and cannot be older than the mandatory retirement age of 70.[4]
Alabama Municipal Courts
Judges of the Alabama Municipal Courts are appointed to terms of varying lengths by the governing body of their municipality. To serve on this court, a judge must have been licensed to practice law in the state. Municipal governments are entitled to abolish local courts and transfer jurisdiction to the county's district court.[2]
History
Below is a timeline noting changes to judicial selection methods in Alabama presented in reverse chronological order.
- 2009: Judges of the supreme court and civil and criminal appeals courts were required to have practiced law for at least ten years, circuit judges for five years, and district judges for three years.
- 1867: Judges of all courts began to be selected through popular election.
- 1850: Circuit judges began to be selected through popular election.
- 1830: The tenure of all judges was changed from "good behavior" to six-year terms.
- 1819: All judges were elected for life by both houses of the general assembly.[12]
Courts in Alabama
In Alabama, there are three federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Alabama's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[13]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[14] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 Alabama Judicial System, "Qualification of Judges," accessed March 23, 2023
- ↑ 2.0 2.1 2.2 Alabama Judicial System, "Judicial System Chart," accessed March 23, 2023
- ↑ 3.0 3.1 3.2 3.3 Judicial Retirement Laws, "Alabama: Mandatory Retirement Provisions Applicable Generally," accessed August 10, 2021 Cite error: Invalid
<ref>tag; name "ret" defined multiple times with different content Cite error: Invalid<ref>tag; name "ret" defined multiple times with different content - ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Alabama Secretary of State, "Minimum Qualifications for Public Office," accessed March 23, 2023
- ↑ Justia, "Article VI, Alabama Constitution - Section 152," accessed March 23, 2023
- ↑ 6.0 6.1 6.2 Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ 7.0 7.1 Alabama Court of Civil Appeals, "About the Court," accessed March 23, 2023
- ↑ 8.0 8.1 Alabama Court of Criminal Appeals, "About the Court," accessed March 23, 2023
- ↑ Alabama Rules of Judicial Administration, "Rule 6 -Presiding judges," accessed March 23, 2023
- ↑ American Judicature Society, "Methods of Judicial Selection; Judicial Nominating Commissions," accessed October 2, 2014
- ↑ The League of Women Voters of Alabama, "The Courts and Judicial Selection in Alabama," May 2004
- ↑ American Judicature Society, "History of Reform Efforts: Alabama," accessed October 2, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
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
