HB576 Alabama 2017 Session

Under Article VI, Sections 156 and 157 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Judicial Inquiry Commission is created to investigate and receive or initiate complaints relating to any judge in the state, and the Court of the Judiciary is created to hear complaints filed by the Judicial Inquiry Commission. A judge aggrieved by a decision of the Court of the Judiciary may appeal the decision to the Supreme Court of Alabama

This bill would propose an amendment to the Constitution of Alabama of 1901, to revise the membership of the Judicial Inquiry Commission and the Court of the Judiciary, to subject all Judicial Inquiry Commission and Court of the Judiciary appointees to confirmation by the Senate, to limit and stagger the terms served by the appointees, and to require legislative approval of decisions by the Court of the Judiciary removing certain justices or judges from office

Under Article VI, Section 159 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a judge is disqualified from acting as judge when a complaint has been filed against him or her by the Judicial Inquiry Commission with the Court of the Judiciary

This bill would propose an amendment to the Constitution of Alabama of 1901, to delete this provision

To amend Sections 6.17, 6.18, and 6.19, as added by Amendment 328, as amended by Amendment 581 to the Constitution of Alabama of 1901, now appearing as Sections 156, 157, and 159 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to revise the membership of the Judicial Inquiry Commission and the Court of the Judiciary; to subject all Judicial Inquiry Commission and Court of the Judiciary appointees to confirmation by the Senate; to limit and stagger the terms served by the appointees; to require legislative approval of decisions by the Court of the Judiciary removing Justices of the Supreme Court and judges of the appellate courts from office; and to delete the provision disqualifying a judge from acting as judge upon the filing of a complaint against him or her by the Judicial Inquiry Commission with the Court of the Judiciary.