(b) The legislature may create judicial officers with authority to issue warrants and may vest in administrative agencies established by law such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for which the agencies are created.
ALABAMA CONSTITUTION
ARTICLE VI
JUDICIAL DEPARTMENT
§139 | JUDICIAL POWER
(b) The legislature may create judicial officers with authority to issue warrants and may vest in administrative agencies established by law such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for which the agencies are created.
§140 | THE SUPREME COURT
(b) The supreme court shall have original jurisdiction (1) of cases and controversies as provided by this Constitution, (2) to issue such remedial writs or orders as may be necessary to give it general supervision and control of courts of inferior jurisdiction, and (3) to answer questions of state law certified by a court of the United States.
(c) The supreme court shall have such appellate jurisdiction as may be provided by law.
§141 | COURTS OF APPEALS
(b) The court of civil appeals shall consist of such number of judges as may be provided by law and shall exercise appellate jurisdiction under such terms and conditions as shall be provided by law and by rules of the supreme court.
(c) The court of criminal appeals and the court of civil appeals shall have no original jurisdiction except the power to issue all writs necessary or appropriate in aid of appellate jurisdiction of the courts of appeals.
(d) The court of criminal appeals shall have and exercise original jurisdiction in the issuance and determination of writs of quo warranto and mandamus in relation to matters in which said court has appellate jurisdiction. Said court shall have authority to issue writs of injunction, habeas corpus and such other remedial and original writs as are necessary to give it a general superintendence and control of jurisdiction inferior to it and in matters over which it has exclusive appellate jurisdiction; to punish for contempts by the infliction of a fine as high as one hundred dollars, and imprisonment not exceeding ten days, one or both, and to exercise such other powers as may be given to said court by law.
§142 | CIRCUIT COURT
(b) The circuit court shall exercise general jurisdiction in all cases except as may otherwise be provided by law. The circuit court may be authorized by law to review decisions of state administrative agencies and decisions of inferior courts. It shall have authority to issue such writs as may be necessary or appropriate to effectuate its powers, and shall have such other powers as may be provided by law.
§143 | DISTRICT COURT
§144 | PROBATE COURT
§145 | MUNICIPAL COURTS
The governing body of a municipality shall have the right to elect at any time to abolish the municipal court within its limits. If such election is exercised, the jurisdiction of the court abolished shall be transferred to the district court of the district in which the municipality is located. The governing body of a municipality, may, at its election, re-establish a municipal court after appropriate notice.
§146 | QUALIFICATIONS OF JUDGES
§147 | PROHIBITED ACTIVITIES
(b) No judge, except a judge of a probate court, shall seek or accept any nonjudicial elective office, or hold any other office of public trust, excepting service in the military forces of the state or federal governments.
(c) The supreme court shall adopt rules of conduct and canons of ethics, not inconsistent with the provisions of this Constitution, for the judges of all courts of this State.
§148 | JUDICIAL COMPENSATION
(b) Members of the judicial compensation commission shall serve for terms of four years. Any vacancy on the commission shall be filled in the same manner in which such position was originally filled. The legislature shall appropriate sufficient funds for the expenses of the commission.
(c) No member of the commission shall hold any other public office, or office in any political party, and no member of the commission shall be eligible for appointment to a state judicial office so long as he is a member of the commission and for two years thereafter.
(d) The commission may submit a report to the legislature at any time within the first five calendar days of any session. The recommendations of the commission shall become law upon confirmation by a joint resolution or such recommendations may be altered by an act of the legislature at the session to which the report is submitted. The compensation of a judge shall not be diminished during his official term.
§149 | ADMINISTRATION
§150 | POWER TO MAKE RULES
§151 | NUMBER OF CIRCUIT AND DISTRICT JUDGES
(b) If a bill is introduced at any session of the legislature to increase or decrease the number of circuit or district judges, or to change the boundaries of any judicial circuit or district, the supreme court must, within three weeks, report to the legislature its recommendations on the proposed change. No change shall be made in the number of circuit or district judges, or the boundaries of any judicial circuit or district unless authorized by an act adopted after the recommendation of the supreme court on such proposal has been filed with the legislature.
(c) An act decreasing the number of circuit or district judges shall not affect the right of any judge to hold his office for his full term.
§152 | ELECTION OF JUDGES
§153 | VACANCIES IN JUDICIAL OFFICE
§154 | TENURE OF OFFICE
(b) A law reducing the number of judges of the supreme court or of a court of appeals shall be without prejudice to the right of the judges affected to seek retention in office. The reduction shall become effective when a vacancy in the affected court occurs.
§155 | RETIREMENT
§155.01 | RETIREMENT - DISTRICT ATTORNEYS AND CIRCUIT CLERKS
§156 | JUDICIAL INQUIRY COMMISSION
(b) The commission shall be convened permanently with authority to conduct investigations and receive or initiate complaints concerning any judge of a court of the judicial system of this state. The commission shall file a complaint with the Court of the Judiciary in the event that a majority of the members of the commission decide that a reasonable basis exists, (1) to charge a judge with violation of any Canon of Judicial Ethics, misconduct in office, failure to perform his or her duties, or (2) to charge that the judge is physically or mentally unable to perform his or her duties. All proceedings of the commission shall be confidential except the filing of a complaint with the Court of the Judiciary. The commission shall prosecute the complaints.
(c) The Supreme Court shall adopt rules governing the procedures of the commission.
(d) The commission shall have subpoena power and authority to appoint and direct its staff. Members of the commission who are not judges shall receive per diem compensation and necessary expenses; members who are judges shall receive necessary expenses only. The Legislature shall appropriate funds for the operation of the commission.
§157 | COURT OF THE JUDICIARY
(b) A judge aggrieved by a decision of the Court of the Judiciary may appeal to the Supreme Court. The Supreme Court shall review the record of the proceedings on the law and the facts.
(c) The Supreme Court shall adopt rules governing the procedures of the Court of the Judiciary.
(d) The Court of the Judiciary shall have power to issue subpoenas. The Legislature shall provide by law for the expenses of the court.
§158 | IMPEACHMENT PROVISIONS IN ARTICLE VII, SECTION 173 TO APPLY TO SUPREME COURT JUSTICES AND APPELLATE JUDGES
§159 | DISQUALIFICATION
§160 | DISTRICT ATTORNEYS, CLERKS, COURT REVENUE
(b) Clerks of the circuit courts shall be elected by the qualified electors in each county for a term of six years. If the office of register in chancery continues to be provided by law then the clerk of the circuit court may also fill such office in a manner prescribed by law. Vacancies in the office of clerk of the circuit court shall be filled by the judge or judges of the circuit court who have jurisdiction over the county in which the office of clerk of the circuit court is located.
(c) Persons elected to the position of constable to assist the courts of the state as provided by law shall be subject to the same restrictions, rights and limitations as are specified in section 280 of the Constitution of 1901, and no law shall prohibit the receipt of fees for the performance of official duties of said position while holding any other elected or appointed office.
(d) The revenue from fines, forfeitures and court costs produced in district courts from the exercise of jurisdiction under municipal ordinances shall be apportioned between the municipality and the state as shall be provided by law.
§161 | CONTINUATION OF COURTS, DISTRICT ATTORNEYS, CLERKS
(b) All judges of the supreme court, court of criminal appeals, court of civil appeals and circuit courts shall retain their offices for the remainder of their respective terms.
(c) All justices of the supreme court in office when this article becomes effective shall be justices of the supreme court. All judges of the court of criminal appeals shall be judges of the court of criminal appeals. All judges of the court of civil appeals shall be judges of the court of civil appeals. All circuit judges in office when this article becomes effective shall be judges of the circuit courts. All city judges who are in office when this article becomes effective shall continue to be judges of their respective courts. All present city courts shall continue to function as provided by law for four years.
(d) All judges of any court in this state, excepting the supreme court, court of criminal appeals, court of civil appeals, circuit courts, probate courts, and city courts, whose salaries or compensation are paid by their respective counties, who are qualified under the provisions of this article, and who are holding office at the time of the approval of this constitutional amendment by the legislature and on the date of the establishment of the district court, shall be commissioned judges of the district court. Each such judge, accepting commission as a district judge, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election after he has completed three years in office as a district judge. At such election said judicial office shall be filled for a full term of office beginning at the end of the term for which such judge was commissioned.
(e) In the event a city ceases to have a city or municipal court, all judges of any city court in this state in cities which have more than one such judge at the time of approval of this constitutional amendment by the legislature and on the date of the establishment of the district court, if otherwise qualified under the provisions of this article, shall be commissioned judges of the district court. Each such judge accepting commission as a district judge shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election after he has completed three years in office as a district judge. At such election said judicial office shall be filled for a full term of office beginning at the end of the term for which such judge was commissioned.
(f) All district attorneys of any circuit of this state, who are qualified under the provisions of this article, and who are holding office at the time of the approval of this constitutional amendment by the electors of the state, shall retain their offices for the remainder of their respective terms.
(g) All clerks of the circuit court of this state, who are holding office at the time of the approval of this constitutional amendment by the electors of the state, shall retain their offices for the remainder of their respective terms.
(h) Except to the extent inconsistent with the provisions of this article, all provisions of law and rules of court in force on the effective date of this article shall continue in effect until superseded in the manner authorized by the Constitution.
§162 | DESIGNATION OF CIRCUIT SOLICITOR AS DISTRICT ATTORNEY
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