The League of Women Voters of Alabama

Legislation to watch in 2009

HB66 - Sponsored by Representative DeMarco
SB28 - Sponsored by Senator Bedford

SB100 - Sponsored by Senator Smitherman

And see HB55 and SB99 in Legislative Report section "Voting Access and Election Practices".

LWVAL is also monitoring HB15, HB17, and HB548. See Monitored Legislation to read about these bills that address Judicial Qualifications & Selection.

About the legislation

HB66 (DeMarco) and SB28 (Bedford) - Summary: Currently, persons serving on the Supreme Court, Court of Civil Appeals, Court of Criminal Appeals, or as a circuit court judge or a district court judge must be licensed to practice law in Alabama. This bill would require that persons elected or appointed to serve on the Supreme Court, Court of Civil Appeals, and Court of Criminal Appeals must additionally have a combined total of 10 years or more of licensure to practice law. Persons serving as a circuit court judge would additionally be required to have a combined total of five years of licensure to practice law. Persons serving as a district court judge would additionally be required to have a combined total of three years of licensure to practice law. Legislation would apply to those taking office (whether elected or appointed) after January 1, 2010.

Note: SB28 sets the same qualifications but date of application is after January 1, 2009.

SB100 - Synopsis: Currently, the Constitution of Alabama of 1901 provides for filling of vacancies in judicial offices. Several judicial circuits have local constitutional amendments relating to procedures for filling vacant judicial offices. This bill would enact a statewide plan establishing judicial vacancy commissions for the filling of judicial office vacancies, except those judicial circuits having judicial vacancy commissions provided by local constitutional amendments to the Constitution.

LWVAL's Position

LWVAL supports HB66 and SB28 Substitute 110061-1.
The League position on the Judiciary supports merit selection of judges.

LWVAL supports SB100
SB100 is a move toward merit selection which the League endorses. However, this will not remove politics from the process. It just expands the number of participants in the process and includes public members. It keeps commissions in place in those localities that chose to adopt them in the past.

Progress of the Legislation

HB66 was prefiled 2/3/09 and assigned to the House Committee on the Judiciary. 2/5/09 read for the second time and placed on the calendar. 2/17/09 passed House (99-0). 2/19/09 read for the first time in the Senate and referred to the Senate Committee on Judiciary. 3/5/09 pending 3rd read and favorable from Judiciary.
SB28 was prefiled 2/3/09 and assigned to the Senate Committee on the Judiciary. 2/5/09 read for the second time. Pending third read & vote by Senate. Favorable from Judiciary. 3/10 third reading and passed unanimously by Senate; 3/12 1st reading in the House, sent to Judiciary. 3/26 2nd reading and placed on the calendar with one substitute (110061-1); 5/07 substitute by Judiciary passed by House on unanimous vote; 5/15 Senate concurrence requested; House version passed Senate on 18-8-1 vote; sent to the governor’s office.

Substitute version places the new judicial requirements in effective after January 1, 2010.

SB100 was prefiled 2/3/09 and assigned to the Senate Committee on Constitution, Campaign Finance, Ethics, & Elections (Senate C&E). 3/10/09 3rd read pending favorable from CCFE&E.

LWVAL Action

LWVAL has expressed support for HB66 and SB28 Substitute 110061-1 and SB100.