Section 12-11A-1 – Definitions.
Section 12-11A-1 Definitions. As used in this chapter, private judge means a person who is qualified to act as a judge of a case. (Act 2012-266, p. 514, §1.)
Section 12-11A-2 – Qualifications; Requirements.
Section 12-11A-2 Qualifications; requirements. (a) Persons who may act as private judges shall: (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. […]
Section 12-11A-3 – Registration; Petition for Appointment.
Section 12-11A-3 Registration; petition for appointment. (a) A former judge qualified under this chapter who wishes to serve as a private judge must register with the Director of the Alabama Center for Alternative Dispute Resolution. The director shall verify that the former judge is qualified to serve as a private judge and shall compile and […]
Section 12-11A-4 – Trial Without Jury; Powers of Private Judge; Immunity; Procedures.
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures. (a) A trial conducted by a private judge shall be conducted without a jury. (b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to […]
Section 12-11A-5 – Filing Fee.
Section 12-11A-5 Filing fee. A filing fee of one hundred dollars ($100) shall be required with every petition to appoint a private judge. This one hundred dollar ($100) fee shall be distributed in equal parts to the Administrative Office of Courts and to the office of the clerk of the county in which the case […]
Section 12-11A-6 – Services Provided by Circuit Court Clerk and Sheriff.
Section 12-11A-6 Services provided by circuit court clerk and sheriff. (a) The clerk of the circuit court of the county in which the case is filed shall provide the same case management services as with any other case filed in the circuit clerk’s office. The private judge hearing a case under this chapter shall have […]
Section 12-11A-7 – Time and Place of Hearing; Notice.
Section 12-11A-7 Time and place of hearing; notice. (a) A case heard by a private judge may be heard: (1) At any time. (2) At any place in Alabama. (b) A private judge under this chapter shall provide to the clerk of the court in which the case was filed the dates, times, and places […]
Section 12-11A-8 – Compensation.
Section 12-11A-8 Compensation. Notwithstanding the Rules of Civil Procedure, a private judge may receive compensation for hearing a case in an amount and subject to the terms and conditions agreed to by the private judge and the parties to the case. A contract for the services of a private judge must provide for the payment […]