Alabama Court Of Criminal Appeals
From Ballotpedia The Alabama Court of Criminal Appeals is one of two intermediate appellate courts in the Alabama judicial system. The court was established in 1969 when what had been one unitary state court of appeals was broken into a criminal appeals court and a civil appeals court. The unified court of appeals was operative from 1911 until 1969.[1]
The court is composed of five judges, one of whom is elected by the members of the court to serve as presiding judge. The Court of Criminal Appeals hears appeals on cases that have been decided at the circuit court level (of which there are 40 in the state).[2] The court has exclusive jurisdiction over:
| “ | [A]ll misdemeanors, including the violation of town and city ordinances, habeas corpus and all felonies, including all post conviction writs in criminal cases.[3] | ” |
| —Alabama Code-Section 12-3-9[4] | ||
Unlike the civil appellate court, the Court of Criminal Appeals can hear cases in panels. The presiding judge has the ability, if he or she chooses, to designate three judges to sit on a panel and decide cases.[5]
| Alabama Court of Criminal Appeals | |||
 | |||
| Court information | |||
| Judges: | 5 | ||
| Founded: | 1969 | ||
| Salary: | Associates: $184,579[6] | ||
| Judicial selection | |||
| Method: | Partisan election of judges | ||
| Term: | 6 years | ||
Judges[edit]
| Judge | Tenure | Appointed By |
|---|---|---|
|
Mary Becker Windom |
2008 - Present |
Elected |
|
Richard Minor |
January 14, 2019 - Present |
Elected |
|
J. William Cole |
January 14, 2019 - Present |
Elected |
|
J. Elizabeth Kellum |
2008 - Present |
Elected |
|
Chris McCool |
November 9, 2018 - Present |
Kay Ivey |
Former Court of Criminal Appeals judges[edit]
- James Allen Main
- Bucky McMillan
- Greg Shaw
- Pamela Willis Baschab
- Kelli Wise
Judicial selection[edit]
- Main article: Judicial selection in Alabama
The five judges on the Alabama Court of Criminal Appeals are selected through partisan elections for six-year terms. They appear on partisan election ballots statewide and face re-election if they wish to serve again.[7][8] For more information about these elections, visit the Alabama judicial elections page.
Qualifications[edit]
To serve on this court, a judge must be:
- licensed to practice law for at least 10 years;
- a state resident for at least one year;
- under the age of 70 at the time of election (judges who turn 70 in office may serve until their terms expire).[9][10]
Chief judge[edit]
The chief judge is selected by the members of the court and serves for an indefinite term.[8]
Vacancies[edit]
Should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim judge is appointed by the governor. Any judge appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office.[7][11]
Salary[edit]
In 2023, the associate judges of the court received a salary of $184,579, according to the National Center for State Courts.[12]
Elections[edit]
2024[edit]
- See also: Alabama intermediate appellate court elections, 2024
The terms of six Alabama intermediate appellate court judges will expire on January 19, 2025. The six seats are up for partisan election on November 5, 2024. The primary was March 5, 2024, and a primary runoff was April 16, 2024. The filing deadline was November 10, 2023.
Candidates and results[edit]
Court of Civil Appeals[edit]
Place 1[edit]
General election for Alabama Court of Civil Appeals
Incumbent Christy Olinger Edwards is running in the general election for Alabama Court of Civil Appeals on November 5, 2024.
Candidate | ||
 | Christy Olinger Edwards (R) | |
| ||||
 = candidate completed the Ballotpedia Candidate Connection survey. | ||||
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The Republican primary election was canceled. Incumbent Christy Olinger Edwards advanced from the Republican primary for Alabama Court of Civil Appeals.
Place 2[edit]
General election for Alabama Court of Civil Appeals
Incumbent Chad Hanson is running in the general election for Alabama Court of Civil Appeals on November 5, 2024.
Candidate | ||
 | Chad Hanson (R) | |
| ||||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Republican primary for Alabama Court of Civil Appeals
Incumbent Chad Hanson defeated Stephen Davis Parker in the Republican primary for Alabama Court of Civil Appeals on March 5, 2024.
Candidate | % | Votes | ||
| ✔ | | Chad Hanson | 56.5 | 264,908 |
| Stephen Davis Parker | 43.5 | 204,100 | |
| Total votes: 469,008 | |||
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Place 3[edit]
General election for Alabama Court of Civil Appeals
Incumbent Terry A. Moore is running in the general election for Alabama Court of Civil Appeals on November 5, 2024.
Candidate | ||
 | Terry A. Moore (R) | |
| ||||
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The Republican primary election was canceled. Incumbent Terry A. Moore advanced from the Republican primary for Alabama Court of Civil Appeals.
Court of Criminal Appeals[edit]
Place 1[edit]
General election for Alabama Court of Criminal Appeals
Incumbent Richard Minor is running in the general election for Alabama Court of Criminal Appeals on November 5, 2024.
Candidate | ||
| Richard Minor (R) | |
| ||||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
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The Republican primary election was canceled. Incumbent Richard Minor advanced from the Republican primary for Alabama Court of Criminal Appeals.
Place 2[edit]
General election for Alabama Court of Criminal Appeals
Rich Anderson is running in the general election for Alabama Court of Criminal Appeals on November 5, 2024.
Candidate | ||
 | Rich Anderson (R) | |
| ||||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Republican primary for Alabama Court of Criminal Appeals
Rich Anderson defeated Thomas Govan in the Republican primary for Alabama Court of Criminal Appeals on March 5, 2024.
Candidate | % | Votes | ||
| ✔ | | Rich Anderson | 55.3 | 260,934 |
| Thomas Govan | 44.7 | 210,515 | |
| Total votes: 471,449 | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Place 3[edit]
General election for Alabama Court of Criminal Appeals
Incumbent J. William Cole is running in the general election for Alabama Court of Criminal Appeals on November 5, 2024.
Candidate | ||
| J. William Cole (R) | |
| ||||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
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The Republican primary election was canceled. Incumbent J. William Cole advanced from the Republican primary for Alabama Court of Criminal Appeals.
Judges not on the ballot[edit]
■ Chris McCool (Court of Criminal Appeals Place 1)
2020[edit]
- See also: Alabama intermediate appellate court elections, 2020
The terms of two Alabama Court of Criminal Appeals justices expired on January 18, 2021. The two seats were up for partisan election on November 3, 2020. A primary was scheduled for March 3, 2020. A full term on the court is six years.
Judges with expiring terms[edit]
- This is a list of the justices who had to stand for partisan election in 2020 in order to remain on the bench. Justices could choose not to stand for election.
Candidates and results[edit]
Place 1[edit]
General election candidates
- Mary Becker Windom (Incumbent) (Republican Party) ✔
There are no official candidates yet for this election.
There are no official candidates yet for this election.
Democratic primary candidates
The Democratic Party primary was canceled. No candidates filed for this race.
Republican primary candidates
- Mary Becker Windom (Incumbent) ✔
- Melvin Hasting
Place 2[edit]
General election candidates
- J. Elizabeth Kellum (Incumbent) (Republican Party) ✔
There are no official candidates yet for this election.
Republican primary runoff candidates
- J. Elizabeth Kellum (Incumbent) ✔
- Will Smith
= candidate completed Ballotpedia's Candidate Connection survey
Democratic primary candidates
The Democratic Party primary was canceled. No candidates filed for this race.
Republican primary candidates
- J. Elizabeth Kellum (Incumbent) ✔
- Jill Ganus
- Will Smith ✔
= candidate completed Ballotpedia's Candidate Connection survey
2018[edit]
- See also: Alabama intermediate appellate court elections, 2018
Candidates and results[edit]
Place 1[edit]
General election
General election
General election for Alabama Court of Criminal Appeals
Candidate | % | Votes | ||
| ✔ | | Richard Minor (R) | 97.0 | 1,080,637 |
| Other/Write-in votes | 3.0 | 32,927 | ||
| Total votes: 1,113,564 (100.00% precincts reporting) | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Primary election
■ Richard Minor 
■ Riggs Walker
Place 2[edit]
General election
General election
General election for Alabama Court of Criminal Appeals
Candidate | % | Votes | ||
| ✔ |  | Chris McCool (R) | 97.1 | 1,079,559 |
| Other/Write-in votes | 2.9 | 32,504 | ||
| Total votes: 1,112,063 (100.00% precincts reporting) | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
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Primary runoff
■ Rich Anderson
■ Chris McCool
Primary election
■ Rich Anderson 
■ Chris McCool
■ Dennis O'Dell
Place 3[edit]
General election
General election
Primary election
■ Donna Beaulieu
■ J. William "Bill" Cole
Judges not on the ballot[edit]
- Samuel Henry Welch (Place 1)
- Liles Burke (Place 2)
- J. Michael Joiner (Place 3)
2014[edit]
| Unopposed | Judge Mary Windom (Seat 1) |
|---|
| Unopposed | Judge J. Elizabeth Kellum (Seat 2) |
|---|
2012[edit]
| Candidate | Incumbency | Party | Place | Primary Vote | Election Vote |
|---|---|---|---|---|---|
J. Michael Joiner  | Yes | Republican | Place 3 | 98.24% | |
| Liles Burke | Yes | Republican | Place 2 | 98.23% | |
| Samuel Henry Welch | Yes | Republican | Place 1 | 98.22% |
Ethics[edit]
Judges in Alabama must follow the state's Canons of Judicial Ethics. The canons govern the judges' professional conduct.[13]
- Canon 1 - A judge should uphold the integrity and independence of the judiciary.
- Canon 2 - A judge should avoid impropriety and the appearance of impropriety in all his activities.
- Canon 3 - A judge should perform the duties of his office impartially and diligently.
- Canon 4 - A judge may engage in activities to improve the law, the legal system, and the administration of justice.
- Canon 5 - A judge should regulate his extra-judicial activities to minimize the risk of conflict with his judicial duties.
- Canon 6 - A judge should regularly file reports of his financial interests.
- Canon 7 - A judge or a judicial candidate shall refrain from political activity inappropriate to judicial office.[13]
Removal of judges[edit]
In Alabama, judges may be removed:
- by the Court of the Judiciary upon a complaint filed by the Judicial Inquiry Commission.[14]
- by being impeached.[15]
Judicial Inquiry Commission[edit]
If a canon of judicial conduct is broken, or a complaint is made suggesting that a canon was not followed, the Judicial Inquiry Commission is charged with investigating. The commission is made up of nine members. According to the Alabama Appellate Courts website, "if a majority of the members of the commission decide that a reasonable basis exists to charge a judge with a violation of any Canon of Judicial Ethics" or other professional wrongdoing, then the commission may file a complaint with the Court of the Judiciary, which will hear the matter.[13]
Court of the Judiciary[edit]
This court hears complaints from the Judicial Inquiry Commission against judges. It is composed of nine members. One intermediate appellate court judge, two circuit court judges selected by the Circuit Judges' Association, one district court judge selected by the District Judges' Association, two members of the state bar selected by the bar's governing body, and three non-lawyers appointed by the governor of Alabama. The appointments made by the governor must be confirmed by the Alabama State Senate.
After the court investigates the complaint and holds a public hearing, the court has the ability to:
| “ |
|
” |
Noteworthy cases[edit]
| • Appeals court tosses murder conviction of man who threw children off bridge | Click for summary→ | |||
|---|---|---|---|---|
|
The Alabama Court of Criminal Appeals threw out the 2009 death sentence for Lam Luong, who was convicted of killing four small children and throwing them off a bridge. The court remanded the case for a new trial after determining that the surrounding publicity made a fair trial in Mobile, where the crime took place, impossible. Three of the children were Luong's own: Hannah, age 2; Lindsey, age 1; and Danny, who was four months old. Three-year-old Ryan, Luong's stepson, was also killed. The bodies were found along coasts in Alabama, Mississippi and Louisiana. Autopsies indicated that the children were alive when thrown off of the 80-foot Dauphin Island bridge into the Mississippi Sound. According to his wife, Luong was addicted to crack cocaine. The appeals court ruled that Luong received an improper trial since all 12 jurors had prior knowledge of the case. The court stated,
The court explained that Luong's attorneys should have been allowed to question the jurors about their knowledge of the case prior to the trial. Additionally, the court ruled that the trial judge should have allowed a video to be presented to the jury in which a police officer simulated the crime by dropping four sandbags off of the bridge. The trial judge also erred, the court stated, in refusing $7,500 to the defense team to travel to Vietnam, from which Luong had immigrated, to investigate his childhood.[17][18] | ||||
State profile[edit]
| Demographic data for Alabama | ||
|---|---|---|
| Alabama | U.S. | |
| Total population: | 4,853,875 | 316,515,021 |
| Land area (sq mi): | 50,645 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 68.8% | 73.6% |
| Black/African American: | 26.4% | 12.6% |
| Asian: | 1.2% | 5.1% |
| Native American: | 0.5% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 1.7% | 3% |
| Hispanic/Latino: | 4% | 17.1% |
| Education | ||
| High school graduation rate: | 84.3% | 86.7% |
| College graduation rate: | 23.5% | 29.8% |
| Income | ||
| Median household income: | $43,623 | $53,889 |
| Persons below poverty level: | 23.3% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Alabama. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern[edit]
- See also: Presidential voting trends in Alabama
Alabama voted Republican in all six presidential elections between 2000 and 2020.
More Alabama coverage on Ballotpedia
- Elections in Alabama
- United States congressional delegations from Alabama
- Public policy in Alabama
- Endorsers in Alabama
- Alabama fact checks
- More...
See also[edit]
| Alabama | Judicial Selection | More Courts |
|---|---|---|
 |
 |
 |
|
|
|
|
External links[edit]
- Alabama Judicial System, "Alabama Court of Criminal Appeals"
Footnotes[edit]
- ↑ Alabama Appellate Courts, "A History of the Alabama Judicial System," 1991
- ↑ Alabama Judicial System, "Alabama Court of Criminal Appeals," accessed May 8, 2015
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ '"Findlaw.com, "Alabama Code-Section 12-3-9: Appellate Jurisdiction Of Court Of Criminal Appeals," accessed May 8, 2015
- ↑ '"Findlaw.com, "Alabama Code-Section 12-3-2: Appellate Jurisdiction Of Court Of Criminal Appeals," accessed May 8, 2015
- ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ 7.0 7.1 Alabama Judicial System, "Qualification of Judges," accessed March 23, 2023
- ↑ 8.0 8.1 Alabama Court of Criminal Appeals, "About the Court," accessed March 23, 2023
- ↑ Alabama Secretary of State, "Minimum Qualifications for Public Office," accessed March 23, 2023
- ↑ Judicial Retirement Laws, "Alabama: Mandatory Retirement Provisions Applicable Generally," 1999
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ National Center for State Courts, "2023 Salaries and Rankings," accessed December 6, 2023
- ↑ 13.0 13.1 13.2 Alabama Judicial System, "Canons of Judicial Ethics," accessed July 17, 2023
- ↑ Alabama Judicial System, "Canons of Judicial Ethics and Discipline," accessed July 17, 2023
- ↑ Justia US Law, "Title 36 - PUBLIC OFFICERS AND EMPLOYEES. Chapter 11 - IMPEACHMENT," accessed July 17, 2023
- ↑ Alabama Appellate Courts, "Court of the Judiciary Overview," accessed May 8, 2015
- ↑ 17.0 17.1 The Province, "Alabama appeals court throws out conviction of man tried for throwing 4 children off bridge," February 16, 2013
- ↑ AL.com, "Appeals court overturns Lam Luong's conviction, death sentence in Dauphin Island bridge deaths," February 16, 2013
| |||||||
| |||
|---|---|---|---|
| Court of Civil Appeals Judges |
Terry A. Moore • Matt Fridy • Bill Lewis • Christy Olinger Edwards • Chad Hanson • | ||
| Court of Criminal Appeals Judges | Mary Windom • J. Elizabeth Kellum • J. William Cole • Richard Minor • Chris McCool • | ||
| Former |
Sue Bell Cobb • Glenn Murdock • Greg Shaw • Kelli Wise • Pamela Willis Baschab • Bucky McMillan • Tommy Bryan • Scott Donaldson (Alabama) • James Allen Main • | ||
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama • U.S. Bankruptcy Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama
State courts:
Alabama Supreme Court • Alabama Court of Civil Appeals • Alabama Court of Criminal Appeals • Alabama Circuit Courts • Alabama Municipal Courts • Alabama Probate Courts
State resources:
Courts in Alabama • Alabama judicial elections • Judicial selection in Alabama
Categories: [State intermediate appellate courts]
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