Alabama Supreme Court

Court Information
Justices: 9
Founded: 1819
Location: Montgomery
Salary
Chief: $161-201k

Associates: $160-200k

Judicial Selection
Method: Partisan elections
Term: 6 years
Active justices

Brad Mendheim
Greg Shaw
Jay Mitchell
Kelli Wise
Michael Bolin
Sarah Stewart
Tom Parker (Alabama)
Tommy Bryan
William Sellers

Founded in 1819, the Alabama Supreme Court is the state's court of last resort. The chief justice of the court is Tom Parker. The court has the authority to review decisions reached by the lower courts and may also review matters of contention where the dollar amount in question exceeds $50,000, as long as no other Alabama court has jurisdiction. The court consists of nine justices: eight associate justices and one chief justice.[1] The supreme court was established by Article VI of the Alabama Constitution, Section 139.

As of August 2021, all nine judges on the court were either elected in partisan elections as a Republican or appointed by a Republican governor. Sue Bell Cobb, who retired in 2011, was the last Democrat to sit on the court.[2][3]

The Alabama Supreme Court meets in the Heflin-Torbert Judicial Building in Montgomery, Alabama.[4]

In Alabama, state supreme court justices are elected in partisan elections. As of November 18, 2021, there are seven states that use this selection method. To read more about the partisan election of judges, click here.

## Contents

* 1 Jurisdiction
* 2 Justices
* 3 Judicial selection
* 3.1 Qualifications
* 3.2 Chief justice
* 3.3 Vacancies
* 4 Elections and appointments
* 4.1 2020
* 4.1.1 Judges with expiring terms
* 4.2 Place 1
* 4.3 Place 2
* 4.4 2018
* 4.5 2017
* 4.6 2016
* 4.7 General election candidates
* 4.7.1 Place 1
* 4.7.2 Place 2
* 4.7.3 Place 3
* 4.8 Election results
* 4.8.1 November 8 general election
* 4.8.2 March 1 primary election
* 4.9 2014
* 4.10 2012
* 4.11 2010
* 4.12 2008
* 4.13 2006
* 4.14 2004
* 4.15 2002
* 5 Caseloads
* 6 Analysis
* 6.1 Ballotpedia Courts: Determiners and Dissenters (2021)
* 6.1.1 Summary of cases decided in 2020
* 6.2 Ballotpedia Courts: State Partisanship (2020)
* 6.3 Bonica and Woodruff campaign finance scores (2012)
* 7 Noteworthy cases
* 8 Ethics
* 8.1 Removal of judges
* 8.2 Judicial Inquiry Commission
* 8.3 Court of the Judiciary
* 9 History of the court
* 9.1 Notable firsts
* 9.2 Former chief justices
* 10 Courts in Alabama
* 11 Party control of Alabama state government
* 12 See also
* 13 External links
* 14 Footnotes

## Jurisdiction[edit]

The supreme court has jurisdiction to review the decisions reached by lower courts within the state. It is also authorized to review matters of contention where the dollar amount in question exceeds $50,000 (if no other Alabama court has jurisdiction) and to review cases over which no other state court has jurisdiction. The court also hears appeals from the Alabama Public Service Commission. The supreme court has a supervisory role over the other courts in the state and is charged with making rules governing administration, practice, and procedure in all courts.[1]

The following text from Article IV, Section 140 of the Alabama Constitution covers the organization and jurisdiction of the court:

“  |

Jurisdiction of Supreme Court Generally; Power of Supreme Court to Issue Certain Remedial and Original Writs

Except in cases otherwise directed in this Constitution, the supreme court shall have appellate jurisdiction only, which shall be coextensive with the state, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law, except where jurisdiction over appeals is vested in some inferior court, and made final therein; provided, that the supreme court shall have power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions. [5]

|  ”

|
|

—Alabama Constitution, Article IV, Section 140

## Justices[edit]

The table below lists the current judges of the Alabama Supreme Court and the appointing governor.

The justices of the Alabama Supreme Court in 2019

Judge | Appointed By

|

Kelli Wise

Elected

Michael Bolin

Elected

William Sellers

Kay Ivey (R)

Sarah Stewart

Elected

Tommy Bryan

Elected

Jay Mitchell

Elected

Greg Shaw

Elected

Brad Mendheim

Kay Ivey (R)

Tom Parker

Elected

## Judicial selection[edit]

See also: Judicial selection in Alabama

The nine justices on the Alabama Supreme Court 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.[6] 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).[6][7]

### Chief justice[edit]

The chief justice of the court is selected by popular vote, serving in that office for his or her full six-year term.[6]

### Vacancies[edit]

See also: How vacancies are filled in state supreme courts

Should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim justice is appointed by the governor. Any justice appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office.[6]

The map below highlights how vacancies are filled in state supreme courts across the country.

## Elections and appointments[edit]

In Alabama, judges are elected in partisan elections to six-year terms. Any vacancies are filled through appointments by the governor.

### 2020[edit]

See also: Alabama Supreme Court elections, 2020

The terms of two Alabama Supreme Court 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. Incumbents Greg Shaw (R) and Brad Mendheim (R) won.

#### Judges with expiring terms[edit]

### Place 1[edit]

General election candidates

* Greg Shaw (Incumbent) (Republican Party) ✔

Democratic primary candidates

The Democratic Party primary was canceled. No candidates filed for this race.

Republican primary candidates

* Greg Shaw (Incumbent) ✔
* Cam Ward

### Place 2[edit]

General election candidates

* Brad Mendheim (Incumbent) (Republican Party) ✔

Democratic primary candidates

The Democratic Party primary was canceled. No candidates filed for this race.

Republican primary candidates

This primary was canceled and this candidate advanced:

* Brad Mendheim (Incumbent) ✔

Note: Because incumbent Brad Mendheim was the only candidate to file for election, the primaries were canceled and he automatically advanced to the general election.

### 2018[edit]

See also: Alabama Supreme Court elections, 2018

The terms of five Alabama Supreme Court justices expired on January 13, 2019. These justices stood for election by voters in 2018 in order to remain on the bench. The primary election took place on June 5, 2018, and the general election took place on November 6, 2018.

In January 2018, Gov. Kay Ivey (R) appointed Brad Mendheim (R) to the court to replace former Justice Glenn Murdock (R), who retired.[8]

### 2017[edit]

In May 2017, Gov. Kay Ivey (R) appointed William Sellers (R) to the court to replace Lyn Stuart (R), who was named chief justice in April 2017.[9] Sellers was elected to a full six-year term on November 6, 2018.

### 2016[edit]

See also: Alabama Supreme Court elections, 2016

Three seats on the Alabama Supreme Court were on the general election ballot on November 8, 2016. A primary was held on March 1.

Justice Kelli Wise (R), Justice Michael Bolin (R), and Justice Tom Parker (R) held the seats heading into the election. All nine seats on the court were held by Republicans prior to the election. Each justice elected to the court serves a six-year term.

Only Place 3, held by Tom Parker, was contested in the 2016 election cycle. This was a primary challenge between two Republicans; the seat was not contested in the general election.

### General election candidates[edit]

#### Place 1[edit]

■ Kelli Wise (R)  (Incumbent/Unopposed)

#### Place 2[edit]

■ Michael Bolin (R)  (Incumbent/Unopposed)

#### Place 3[edit]

■ Tom Parker (R)  (Incumbent/Unopposed)

### Election results[edit]

#### November 8 general election[edit]

Incumbent Michael Bolin ran unopposed in the general election for the Alabama Supreme Court, Place 1.

Alabama Supreme Court, Place 1, 2016

Party | Candidate
| Republican |  Michael Bolin Incumbent (unopposed)

Incumbent Kelli Wise ran unopposed in the general election for the Alabama Supreme Court, Place 2.

Alabama Supreme Court, Place 2, 2016

Party | Candidate
| Republican |  Kelli Wise Incumbent (unopposed)

Incumbent Tom Parker ran unopposed in the general election for the Alabama Supreme Court, Place 3.

Alabama Supreme Court, Place 3, 2016

Party | Candidate
| Republican |  Tom Parker Incumbent (unopposed)

#### March 1 primary election[edit]

Alabama Supreme Court, Place 3, Republican Primary, 2016

Party | Candidate | Vote % | Votes
| Republican  |  Tom Parker Incumbent | 72.50% | 448,747
| Republican  | Donna Beaulieu | 27.50% | 170,194
Total Votes (100% Reporting) | 618,941
Source: Alabama Secretary of State Certified Results

* Election history, 2002-2014 (click to expand)

### 2014[edit]

See also: Alabama judicial elections, 2014

Unopposed|  Judge Greg Shaw (Seat 1)

|

### 2012[edit]

See also: Alabama judicial elections, 2012

Candidate| Incumbency| Party| Place| Primary Vote| Election Vote

|
|
|
|
|

GraddickCharles Graddick | No| Republican| Chief Justice| 25.5%|
MaloneCharles Malone (Alabama) | Yes| Republican| | 24.5%|
JonesDebra H. Jones | No| Republican| Place 1| 34.8%|
PoynterGinger Poynter | No| Independent| | n/a|  A
MurdockGlenn Murdock A| Yes| Republican| | | 98.16% A
LyonHarry Lyon | No| Democratic| Chief Justice| |  A
MainJames Allen Main A| Yes| Republican| Place 4| | 98.13% A
StuartLyn Stuart A| Yes| Republican| | | 98.13% A
MaddoxMelinda Lee Maddox | No| Independent| Chief Justice| n/a|  A
VanceRobert S. Vance | No| Democratic| Place 21| | 48.23% A
Roy Moore | | | | |
BryanTommy Bryan A| No| Republican| | 65.1%A| 98.07% A

### 2010[edit]

In 2010, two incumbents were re-elected to the Alabama Supreme Court. Kelli Wise was elected to the seat vacated by Justice Patricia Smith.[10]

Candidate | Incumbent | Seat| Party| Election votes | Election %

|
|
|
|
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Kelli Wise A | No | Place 1| Republican| 912,254 | 62.9%
Rhonda Chambers | No | Place 1| Democratic| 537,112 | 37%
Candidate | Incumbent | Seat| Party| Election votes | Election %

|
|
|
|
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Michael Bolin A | Yes | Place 2| Republican| 907,029 | 62.7%
Tracy W. Cary | No | Place 2| Republican|  |
Candidate | Incumbent | Seat| Party| Election votes | Election %

|
|
|
|
|

Tom Parker A | Yes | Place 3| Republican| 849,106 | 58.9%
Mac Parsons | No | Place 3| Democratic| 591,133 | 41%
James R. Houts | No | Place 3| Republican|  |
Eric Johnston | No | Place 3| Republican|  |

### 2008[edit]

Harold See retired from the court, leaving an open seat.[11]

Candidate | Incumbent | Seat| Party| Election votes | Election %

|
|
|
|
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Greg Shaw A | No | | Republican| 1,021,371 | 50.3%
Deborah Bell Paseur | No | | Democratic| 1,008,479 | 49.6%

### 2006[edit]

Democrat Sue Bell Cobb was elected Chief Justice of the Alabama Supreme Court, defeating appointed Chief Justice Drayton Nabers, Jr. Glenn Murdock was also elected to the court in 2006, defeating incumbent Justice Jean Brown.

Incumbent Justices Thomas Woodall and Lyn Stuart were re-elected in 2006, after each fending off primary and general election challenges. Justice Champ Lyons was re-elected after running unopposed in the general election.[12]

Candidate | Incumbent | Seat| Party| Election votes | Election %

|
|
|
|
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Sue Bell Cobb A | No | Chief Justice| Democratic| 634,494 | 51.5%
Drayton Nabers, Jr. | Yes | Chief Justice| Republican| 596,237 | 48.4%
Tom Parker | No | Chief Justice| Republican|  |
Candidate | Incumbent | Seat| Party| Primary votes| Primary %| Election votes | Election %

|
|
|
|
|
|
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Champ Lyons A | Yes | Place 1| Republican| 60.3%| 220,886|  |
Ben Hand | No | Place 1| Republican| 39.6%| 145,105|  |
Candidate | Incumbent | Seat| Party| Primary votes| Primary %| Election votes | Election %

|
|
|
|
|
|
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Thomas Woodall A | Yes | Place 2| Republican| 253,732| 71.6%| 665,610 | 56.7%
Gwendolyn Thomas Kennedy | No | Place 2| Democratic| | | 506,691 | 43.2%
Hank Fowler | No | Place 2| Republican| 28.3%| 100,565|  |
Candidate | Incumbent | Seat| Party| Primary votes| Primary %| Election votes | Election %

|
|
|
|
|
|
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Lyn Stuart A | Yes | Place 3| Republican| 267,201| 71.7%| 680,103 | 57.8%
Albert Johnson | No | Place 3| Democratic| | | 495,846 | 42.1%
Alan Zeigler | No | Place 3| Republican| 28.2%| 105,288|  |
Candidate | Incumbent | Seat| Party| Primary votes| Primary %| Election votes | Election %

|
|
|
|
|
|
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Glenn Murdock A | No | Place 4| Republican| 219,594| 61.1%| 651,057 | 54.9%
John England | No | Place 4| Democratic| | | 532,837 | 45%
Tracy Gwyn BirdSong | No | Place 4| Republican| 44,262| 12.3%| 6 |
Jean Brown | Yes | Place 4| Republican| 95,287| 26.5%|  |

### 2004[edit]

Republicans Tom Parker, Patricia Smith and Michael Bolin were all elected to the court after facing challenges in Republican primaries and the general election. [13]

Candidate | Incumbent | Seat| Party| Primary votes| Primary %| Election votes | Election %

|
|
|
|
|
|
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Tom Parker A | No | Place 1| Republican| 107,325| 50.9%| 986,530 | 55.8%
Robert H. Smith | No | Place 1| Democratic| | | 781,197 | 44.1%
Jean Brown | Yes | Place 1| Republican| 103,241| 49%|  |
Candidate | Incumbent | Seat| Party| Election votes | Election %

|
|
|
|
|

Patricia Smith A | No | Place 2| Republican| 1,070,789 | 59.9%
Roger M. Monroe | No | Place 2| Democratic| 716,691 | 40%
Pam Baschab | No | Place 2| Republican|  |
Candidate | Incumbent | Seat| Party| Primary votes| Primary %| Election votes | Election %

|
|
|
|
|
|
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Michael Bolin A | No | Place 3| Republican| 99,964| 49.9%| 1,056,642 | 59.7%
John E. Rochester | No | Place 3| Democratic| | | 712,569 | 40.2%
Peggy Givhan | No | Place 3| Republican| 34,328| 17.1%|  |
(No first name given) Holloway | No | Place 3| Republican| 13,913| 6.9%|  |

### 2002[edit]

Harold See was re-elected to the court in 2002.[14]

Candidate | Incumbent | Seat| Party| Election votes | Election %

|
|
|
|
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Harold See A | Yes | | Republican| 676,539 | 51.4%
James H. Anderson | No | | Democratic| 609,490 | 46.3%
Tom Bear | No | | Libertarian| 29,247 | 2.2%

## Caseloads[edit]

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.

Alabama Supreme Court caseload data

Year  | Filings  | Dispositions
2020  | 1,097 | 1,111
2019 | 1,070 | 1,026
2018 | 1,216 | 1,237
2017 | 1,168 | 1,232
2016 | 1,366 | 1,407
2015 | 1,436 | 1,499
2014 | 1,511 | 1,654
2013 | 1,487 | 1,488
2012 | 1,641 | 1,681
2011 | 1,576 | 1,654
2010 | 1,789 | 1,987
2009 | 1,810 | 1,812
2008 | 1,730 | 1,763
2007 | 1,828 | 1,804

## Analysis[edit]

### Ballotpedia Courts: Determiners and Dissenters (2021)[edit]

See also: Ballotpedia Courts: Determiners and Dissenters

In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

* We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
* We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
* We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
* We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

#### Summary of cases decided in 2020[edit]

* Number of justices: 9
* Number of cases: 692
* Percentage of cases with a unanimous ruling: 83.4% (577)
* Justice most often writing the majority opinion: Justice Mitchell (90)
* Per curiam decisions: 21
* Concurring opinions: 44
* Justice with most concurring opinions: Justice Mendheim (9)
* Dissenting opinions: 33
* Justice with most dissenting opinions: Justice Shaw (10)

For the study's full set of findings in Alabama, click here.

### Ballotpedia Courts: State Partisanship (2020)[edit]

See also: Ballotpedia Courts: State Partisanship

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

* Strong Democrat
* Mild Democrat
* Indeterminate[15]
* Mild Republican
* Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[16]

Alabama had a Court Balance Score of 11.89, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

### Bonica and Woodruff campaign finance scores (2012)[edit]

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Alabama was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Alabama received a score of 0.79. Based on the justices selected, Alabama was the 4th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[17]

## Noteworthy cases[edit]

The following are noteworthy cases heard before the Alabama Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

• Alabama Supreme Court upholds mask mandate (2021)| Click for summary→

|

Munza v. Ivey: On August 11, 2020, Montgomery County Circuit Court Judge Greg Griffin dismissed a lawsuit challenging Alabama Gov. Kay Ivey’s (R) authority to mandate the wearing of face masks to help mitigate the spread of COVID-19. In their complaint, the plaintiffs argued that the mask mandate was promulgated in violation of the Alabama Administrative Procedure Act (AAPA). The plaintiffs alleged that the Alabama Board of Health failed to meet statutory notice and administrative review requirements prior to the issuance of the mask mandate. As a result, the plaintiffs argued, the order was "nothing more than an expression, and does not carry the weight of law and it cannot be valid or effective against any person or party until the proper procedures are met." In their motion to dismiss, state officials argued that the plaintiffs incorrectly challenged the legal basis for the mask mandate. They argued that because Ivey incorporated the order into a gubernatorial proclamation under her own authority, granted by the Emergency Management Act, the plaintiffs' claims were without merit. After hearing oral arguments, Griffin dismissed the case from the bench without explanation.[18][19][20]

The plaintiffs appealed to the state supreme court. On March 19, 2021, the Alabama Supreme Court unanimously affirmed the lower court's dismissal, finding that the plaintiffs lacked standing to proceed with their action. Justice Michael Bolin (R), writing for the court, said that the plaintiffs had failed to prove they were directly injured by the statewide mask order. Bolin also said that the plaintiffs had failed "to even state that they have refused to wear masks or facial coverings in public such that they could be subject to an enforcement action." Alabama's mask mandate was set to expire on April 9, 2021.[21][22]

• Alabama Supreme Court halts same-sex marriage in the state (2015)| Click for summary→

|

Despite the January 2015 order by U.S. District Court Judge Callie Granade lifting Alabama’s ban on same-sex marriage, the Alabama Supreme Court voted 7-1 to halt same-sex marriages in the state. In its March 4, 2015, per curiam ruling, the court said that, by law, marriage in the state was between one man and one woman. The court stated that nothing in the U.S. Constitution or any other federal law overrode Alabama’s right to make its own law on marriage. Justice Greg Shaw was the lone dissenter in the Alabama court opinion. He argued in his dissent that the Alabama Supreme Court lacked jurisdiction to issue its ruling.[23]

Same-sex marriage was made legal across the United States through the U.S. Supreme Court decision, Obergefell v. Hodges, on June 26, 2015.

• Landmark meth lab ruling (2014)| Click for summary→

|

On April 4, 2014, the Alabama Supreme Court issued a ruling that allowed police and fire personnel to enter a building without a warrant if they suspected a meth lab to be present. The underlying case involved an instance where emergency units acted on a report of a possible meth lab in an apartment complex on January 7, 2014. When the police and firefighters arrived they reported smells that were consistent with the meth-making process. Upon entering the apartment, the police and firefighters located an inactive meth lab in a disposable cooler, and the adults were charged with the manufacturing of a controlled substance.

The case moved up the Alabama courts after the trial court found the warrantless search to be unlawful. The Alabama Court of Criminal Appeals upheld the lower court's ruling, but the case was appealed to the Alabama Supreme Court. While the lower courts found the search to be unlawful, the supreme court agreed with the actions of the police on the grounds that the serious risk a meth lab posed was sufficient for warrantless entry.[24]

• Exxon Mobil Corp. v. Alabama Department of Conservation and Natural Resources (2007)| Click for summary→

|

The Alabama Supreme Court reversed a jury award of $3.5 billion in punitive damages against Exxon Mobil in an 8-1 ruling. The state of Alabama sued Exxon Mobil over a royalty revenue dispute. In November 2007, the supreme court found that the state of Alabama did not have a case and that Exxon Mobil did not misrepresent itself in the contract that warranted the awarded damages.[25]

• Powell v. Alabama, due process not afforded (1932) (Powell v. Alabama)
| Click for summary→

|

In 1932, the Alabama Supreme Court found that a lower Alabama court had violated the due process of nine Black defendants who were not afforded the opportunity to obtain counsel for their defense. The root case involved nine Black youths and men who were accused of raping two white women. The defendants did not have access to their attorneys until immediately prior to the case. The youths were sentenced to death.[26] There case was appealed to the Alabama Supreme Court, where the case was found to be improperly handled. While the lower court was found in violation of the Fifth Amendment, the amendment that protects due process of law. Justice George Sutherland also implied that the Sixth Amendment, which guarantees the rights of criminal defendants, was also violated.[27]

## Ethics[edit]

Judges in Alabama must follow the state's Canons of Judicial Ethics. The canons govern the judges' professional conduct.[28]

* 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.

### Removal of judges[edit]

In Alabama, judges may be removed in one of two ways:

* By the Court of the Judiciary upon a complaint filed by the Judicial Inquiry Commission.[28]
* A judge may be impeached.[29]

### 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. If a majority of the members feel there is a "reasonable basis" for finding that a judge has committed professional misconduct or some wrongdoing, then the commission may file a complaint with the Court of the Judiciary, which will hear the matter.[28]

### 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 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:

“  |

* (1) to remove from office, suspend without pay, or censure a judge, or apply such other sanction as may be prescribed by law, for violation of a Canon of Judicial Ethics, misconduct in office, failure to perform his duties, or

* (2) to suspend with or without pay, or to retire a judge who is physically or mentally unable to perform his duties.[5]

|  ”

|
|

## History of the court[edit]

Alabama Supreme Court building in Montgomery, Alabama

The 1819 Constitution of Alabama, in which the state was admitted to the Union, allowed the powers of the supreme court to be vested in several circuit courts and judges. From 1819 until the Reconstruction Constitution in 1868, judges were elected by both houses of the General Assembly. In 1832, the supreme court was revised as a separate entity from the lower courts.

In the wake of the Civil War, and as part of Reconstruction measures, a partisan election system was implemented.

### Notable firsts[edit]

* Former Justice Janie Shores was the first woman to serve on the court. She was elected as a Democrat in 1974. With this election, she was also the first woman elected as a judge of an appellate court in the country.[31]
* Former Chief Justice Sue Bell Cobb was the first woman elected to the position of chief justice in the state of Alabama.
* Justice Oscar William Adams, Jr. was the first African-American to serve on the court. He was appointed by Governor Fob Jones in 1980.[2]

### Former chief justices[edit]

All former chief justices of the Alabama Supreme Court:| click for list →

|

Name:| Dates served:
Clement C. Clay | 1820-1823
Abner S. Lipscomb | 1823-1834
Ruben Saffold | 1834-1836
Henry Hitchcock | 1836-1837
Arthur F. Hopkins|  1837
Henry W. Collier | 1837-1849
Edward S Dargan | 1849-1852
William P. Chilton | 1852-1856
George Goldthwaite |  1856
Samuel F. Rice | 1856-1859
A.J. Walker | 1859-1868
E. Wolsey Peck | 1868-1873
Thomas M. Peters | 1873-1874
Robert C. Brickell | 1874-1884
George W. Stone | 1884-1894
Robert C. Brickell | 1894-1898
Thomas N. McClellan | 1898-1906
Samuel D. Weakley | 1906-1907
John R. Tyson | 1907-1909
James R Dowdell | 1909-1914
John C. Anderson | 1914-1940
Lucien D. Gardner | 1940-1951
J. Ed Livingston | 1951-1971
Howell T. Heflin | 1971-1977
C.C. Torbert, Jr. | 1977-1989
Sonny Hornsby | 1989-1995
Perry Oliver Hooper, Sr. | 1995-2001
Roy Moore| 2001-2003
Drayton Nabers, Jr. | 2003-2007
Sue Bell Cobb| 2007-2011
Charles Malone| 2011-2013

## Courts in Alabama[edit]

See also: Courts in Alabama

In addition to the federal courts in Alabama, there are three types of appellate courts, one general jurisdiction trial court, and five types of limited jurisdiction trial courts. Their infrastructure and relationship are illustrated in the flow chart below.

The structure of Alabama's state court system.

## Party control of Alabama state government[edit]

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

Alabama has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

## See also[edit]

Alabama | Judicial Selection | More Courts

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Courts in Alabama Alabama Court of Criminal Appeals Alabama Court of Civil Appeals Alabama Supreme Court |  Elections: 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Alabama |  Federal courts State courts Local courts

## External links[edit]

* Alabama Judicial System
* Alabama Bar Association

## Footnotes[edit]

1. ↑ 1.0 1.1 Alabama Unified Judicial System, "Supreme Court," accessed July 30, 2014
2. ↑ 2.0 2.1 Alabama Appellate Courts, "A History of the Alabama Judicial System," accessed August 10, 2021
3. ↑ The News Courier, "Alabama Supreme Court chief justice resigning August 1," June 29, 2011
4. ↑ Alabama Judicial System, "Supreme Court and State Law Library," accessed August 10, 2021
5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
6. ↑ 6.0 6.1 6.2 6.3 American Judicature Society, "Methods of Judicial Selection: Alabama," accessed October 2, 2014
7. ↑ Judicial Retirement Laws, "Alabama: Mandatory Retirement Provisions Applicable Generally," accessed August 10, 2021
8. ↑ Dothan Eagle, "Brad Mendheim sworn in as newest Alabama Supreme Court Justice," January 22, 2018
9. ↑ Montgomery Advertiser, "Gov. Kay Ivey appoints Will Sellers, former campaign chair, to Alabama Supreme Court," May 25, 2017
10. ↑ Alabama Secretary of State, "2010 Election Results," August 8, 2011
11. ↑ Alabama Secretary of State, "2008 General Election Results," November 25, 2008
12. ↑ Alabama Secretary of State, "2006 General Election Results," November 29, 2006
13. ↑ Alabama Secretary of State, "2004 General Election Results," November 24, 2004
14. ↑ Alabama Secretary of State, "2002 General Election Results," November 20, 2002
15. ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
16. ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
17. ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
18. ↑ AL.com, "Judge dismisses lawsuit challenging Alabama Gov. Kay Ivey’s statewide mask order," August 11, 2020
19. ↑ Montgomery County Circuit Court, "Munza v. Ivey: Complaint," July 24, 2020
20. ↑ Montgomery County Circuit Court, "Munza v. Ivey: Motion to Dismiss," July 27, 2020
21. ↑ Montgomery County Circuit Court, "Munza v. Ivey: Complaint for Temporary Restraining Order, Preliminary Injunction, and Injunctive Relief," accessed March 23, 2021
22. ↑ Supreme Court of Alabama, "Munza v. Ivey: Appeal from Montgomery Circuit Court," March 19, 2021
23. ↑ Alabama Appellate Court Online Information Service, “Emergency Petition for Writ of Mandamus, In re: Alan L. King, in his capacity as Judge of Probate Court of Jefferson County, et al.,” March 4, 2015
24. ↑ WSFA.com, "Landmark ruling made by Alabama Supreme Court in Meth lab case," April 7, 2014
25. ↑ Law 360, "Ala. Won't Touch Ruling, Letting Exxon Off $3.5B Hook," December 11, 2007
26. ↑ Oyez, "Powell v. Alabama," accessed July 31, 2014
27. ↑ Cornell University, "Powell v. Alabama," accessed July 31, 2014
28. ↑ 28.0 28.1 28.2 Alabama Appellate Courts, "Canons of Judicial Ethics and Discipline," accessed August 10, 2021
29. ↑ National Center for State Courts, "Removal of Judges in Alabama," accessed May 8, 2015
30. ↑ Alabama Judicial Systems, "Court of the Judiciary Overview," accessed May 8, 2015
31. ↑ Litigation Commentary & Review, "Interview - Janie Shores," January/February 2010

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Alabama courts

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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

v • e

Alabama Supreme Court
Judicial selection in Alabama • 2022 elections • 2020 elections • Noteworthy cases • Courts in Alabama

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Current|

Chief Justice: Tom Parker (Alabama) • Michael Bolin • Greg Shaw • Kelli Wise • Tommy Bryan • Sarah Stewart • Brad Mendheim • William Sellers • Jay Mitchell

Former|

Sue Bell Cobb • Drayton Nabers, Jr. • Perry Hooper • Harold See • Champ Lyons • Thomas Woodall (Alabama) • Lyn Stuart • Patricia Smith (Alabama) • Glenn Murdock • Ernest C. Hornsby • C. C. Torbert, Jr. • Howell Heflin • Richard Wilde Walker • Charles Malone (Alabama) • John England • James Allen Main • Roy Moore • John C. Anderson (Alabama) •

v • e

Supreme Courts

Federal|

Supreme Court of the United States

State|

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