(a) Persons who may act as private judges shall:

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Terms Used In Alabama Code 12-11A-2

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Probate: Proving a will
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) Have been, but are not actively serving as, a judge of a district, circuit, or probate court and have served in the capacity of judge for at least six consecutive years.
(2) Be admitted to the practice of law in Alabama.
(3) Be an active member in good standing of the Alabama State Bar Association.
(4) Be a resident of Alabama.
(b) A person may act as a judge of a case under this chapter only if all of the following occur:

(1) All parties to the action file a written petition with the circuit clerk of the court in which the action is pending requesting a private judge and naming the person whom the parties wish to have as private judge. The petition shall be accompanied by a form signed by the private judge selected consenting to the appointment.
(2) The case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction.
(3) The case is assigned a CV or DR case number by the Alabama Administrative Office of Courts.
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