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 |
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.
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 |
The table below lists the current judges of the Alabama Supreme Court and the appointing governor.
Judge | Appointed By |
---|---|
Elected |
|
Elected |
|
Elected |
|
Elected |
|
Elected |
|
Elected |
|
Elected |
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.
To serve on this court, a judge must be:
The chief justice of the court is selected by popular vote, serving in that office for his or her full six-year term.[6]
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.
In Alabama, judges are elected in partisan elections to six-year terms. Any vacancies are filled through appointments by the governor.
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.
General election candidates
Democratic primary candidates
The Democratic Party primary was canceled. No candidates filed for this race.
Republican primary candidates
General election candidates
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:
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.
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]
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.
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.
■ Kelli Wise (R) (Incumbent/Unopposed)
■ Michael Bolin (R) (Incumbent/Unopposed)
■ Tom Parker (R) (Incumbent/Unopposed)
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) |
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 |
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 |
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:
For the study's full set of findings in Alabama, click here.
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:
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.
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]
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] | |
Judges in Alabama must follow the state's Canons of Judicial Ethics. The canons govern the judges' professional conduct.[28]
In Alabama, judges may be removed in one of two ways:
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]
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:
“ |
|
” |
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.
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 |
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.
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.
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
|