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Alabama Judicial System Restructuring Amendment

Alabama Ballot Measure - Amendment 2

Election: Nov. 3, 2020 (General)

Outcome: Failed

Categories:

Judicial Branch

Summary

If a majority of voters approve Amendment 2, a separate bill passed by the Legislature (Act 2019-497) will become law. This act creates a process to fill vacancies in the position of Administrative Director of Courts.

This amendment proposes six changes to the state's judicial system. In summary, this amendment:

1. Provides that county district courts do not have to hold city court in a city with a population of less than 1,000;

2. Allows the Alabama Supreme Court, rather than the Chief Justice, to appoint the Administrative Director of Courts;

3. Increases from 9 to 11 the total membership of the Judicial Inquiry Commission and determines who appoints each member (the Judicial Inquiry Commission evaluates ethics complaints filed against judges);

4. Allows the Governor, rather than the Lieutenant Governor, to appoint a member of the Court of the Judiciary (the Court of the Judiciary hears complaints filed by the Judicial Inquiry Commission);

5. Prevents a judge from being automatically disqualified from holding office simply because a complaint was filed with the Judiciary Inquiry Commission; and

6. Provides that a judge can be removed from office only by the Court of the Judiciary.

If a majority of voters vote "yes" on Amendment 2, these provisions become law.

If a majority of voters vote "no" on Amendment 2, there will be no change to current law.

There is no cost for Amendment 2.

The Constitutional authority for passage of Amendment 2 is set forth in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.

Measure Text

Proposing an amendment to the Constitution of Alabama of 1901, to increase the membership of the Judicial Inquiry Commission and further provide for the appointment of the additional members; further provide for the membership of the Court of the Judiciary and further provide for the appointment of the additional members; further provide for the process of disqualifying an active judge; repeal provisions providing for the impeachment of Supreme Court Justices and appellate judges and the removal for cause of the judges of the district and circuit courts, judges of the probate courts, and judges of certain other courts by the Supreme Court; delete the authority of the Chief Justice of the Supreme Court to appoint an Administrative Director Courts; provide the Supreme Court of Alabama with authority to appoint an Administrative Director of Courts; require the Legislature to establish procedures for the appointment of the Administrative Director of Courts; delete the requirement that a district court hold court in each incorporated municipality with a population of 1,000 or more where there is no municipal court; provide that the procedure for the filling of vacancies in the office of a judge may be changed by local constitutional amendment; delete certain language relating to the position of constable holding more than one state office; delete a provision providing for the temporary maintenance of the prior judicial system; repeal the office of circuit solicitor; and make certain nonsubstantive stylistic changes.

Yes ( ) No ( )

Resources

Official Summary

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