On Tuesday, the Alabama House of Representatives passed legislation adding new judges to reduce the dockets in Alabama’s fastest-growing judicial circuits. As the state’s population has grown, the number of judgeships has not kept pace, particularly in those counties that have experienced the most rapid growth.
Senate Bill 39 (SB39) is sponsored by State Senator Sam Givhan (R-Huntsville).
SB39 will add four additional circuit judgeships in the 23rd Circuit (Madison County), the 28th (Baldwin County), the 19th (Autauga, Chilton, and Elmore counties), and the 37th (Lee County), as well as three additional district judgeships in Baldwin, Mobile, and DeKalb counties.
Addressing the overcrowded dockets in Alabama’s fastest-growing jurisdictions has been a priority of the Alabama Judges Association and Chief Justice Tom Parker. House Ways and Committee General Fund Chair Rex Reynolds (R-Huntsville) said when the first version of the budget passed the House that he was committed to working with the judges to fix this problem.
Speaker of the House Nathaniel Ledbetter (R-Rainsville) previously told Alabama Today that he and the House were in favor of legislation addressing the state’s judge shortage. Ledbetter said that his own county had a judge shortage of 2.7 judges.
The bipartisan legislation received a favorable report from the House Judiciary Committee on Wednesday.
SB39 would also put a moratorium on the reallocation of judges until 2027. Reallocating judgeships from stagnant parts of the state like Birmingham, Montgomery, and the Black Belt to growing, prosperous areas like Baldwin, Madison, Shelby, Lee, and Elmore counties is very controversial for the areas that would lose those judgeships. The Legislature established a reallocation commission in 2015, but the courts have not reallocated judgeships as the Legislature had intended.
The new judgeships would be filled by elections in 2024, with the new judges going into office in the second week of January 2025.
According to the fiscal note, passage of SB39 will cost the state $2.1 million in 2025 and at least $2.9 million a year beyond that. The effect on the SGF will be $1.9 million in FY2025 and $2.5 million in FY2026 and beyond.
The new circuit judge in the 19th circuit may reside in any county within the Nineteenth Judicial Circuit (Chilton, Autauga, or Elmore counties) and shall be assigned to the domestic relations division of the circuit.
The bill passed the Alabama House of Representatives 102 to 0.
The Legislature also tasks the Administrative Office of Courts to provide an annual report on the caseload statistics for each fiscal year by circuit. The legislation previously passed the Alabama Senate by a vote of 33 to 0.
Supporters say that additional judges will help reduce the case backlogs in those circuits getting additional judges, which means that jury trials can occur in a more timely manner, justice will happen more quickly, business disputes can be resolved more quickly, and child custody issues can be dealt with on a more expedited basis.
SB39 now goes to the Governor for her consideration.
Wednesday will be day 25 of the 2023 Alabama Regular Legislative Session.
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