Article VI of the Alabama Constitution is entitled Judicial Department and consists of 35 sections.
{{AlabamaConstitutionSection|Text=Sec. 154. Tenure of office.
(a) The term of office of each judge of a court of the judicial system of this state shall be six years.
(b) A law reducing the number of judges of the supreme court or of a court of appeals shall be without prejudice to the right of the judges affected to seek retention in office. The reduction shall become effective when a vacancy in the affected court occurs.
| “ | Sec. 161. Continuation of courts, district attorneys, clerks. (a) All courts not herein authorized which are in existence at the time this article becomes effective shall retain their powers for four years, unless sooner terminated by act of the legislature. (b) All judges of the supreme court, court of criminal appeals, court of civil appeals and circuit courts shall retain their offices for the remainder of their respective terms. (c) All justices of the supreme court in office when this article becomes effective shall be justices of the supreme court. All judges of the court of criminal appeals shall be judges of the court of criminal appeals. All judges of the court of civil appeals shall be judges of the court of civil appeals. All circuit judges in office when this article becomes effective shall be judges of the circuit courts. All city judges who are in office when this article becomes effective shall continue to be judges of their respective courts. All present city courts shall continue to function as provided by law for four years. (d) All judges of any court in this state, excepting the supreme court, court of criminal appeals, court of civil appeals, circuit courts, probate courts, and city courts, whose salaries or compensation are paid by their respective counties, who are qualified under the provisions of this article, and who are holding office at the time of the approval of this constitutional amendment by the legislature and on the date of the establishment of the district court, shall be commissioned judges of the district court. Each such judge, accepting commission as a district judge, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election after he has completed three years in office as a district judge. At such election said judicial office shall be filled for a full term of office beginning at the end of the term for which such judge was commissioned. (e) In the event a city ceases to have a city or municipal court, all judges of any city court in this state in cities which have more than one such judge at the time of approval of this constitutional amendment by the legislature and on the date of the establishment of the district court, if otherwise qualified under the provisions of this article, shall be commissioned judges of the district court. Each such judge accepting commission as a district judge shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election after he has completed three years in office as a district judge. At such election said judicial office shall be filled for a full term of office beginning at the end of the term for which such judge was commissioned. (f) All district attorneys of any circuit of this state, who are qualified under the provisions of this article, and who are holding office at the time of the approval of this constitutional amendment by the electors of the state, shall retain their offices for the remainder of their respective terms. (g) All clerks of the circuit court of this state, who are holding office at the time of the approval of this constitutional amendment by the electors of the state, shall retain their offices for the remainder of their respective terms. (h) Except to the extent inconsistent with the provisions of this article, all provisions of law and rules of court in force on the effective date of this article shall continue in effect until superseded in the manner authorized by the Constitution.[1] | ” |
As an expert in constitutional law and government structures, I have a comprehensive understanding of legal frameworks and state constitutions, including their sections and provisions. My expertise extends to analyzing and interpreting legal texts and understanding the implications of specific clauses within a constitution.
The excerpt you provided pertains to Article VI of the Alabama Constitution, which focuses on the Judicial Department of the state. This article consists of 35 sections outlining various aspects related to the tenure, continuation of courts, retention of judges, district attorneys, clerks, and transitional provisions for different judicial offices. Here's a breakdown of the concepts and key points within the excerpt:
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Sec. 154 - Tenure of office: It establishes the term of office for judges within Alabama's judicial system, specifying a six-year term.
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Sec. 161 - Continuation of courts, district attorneys, clerks: This section encompasses several subsections:
- (a) Addresses the continuation of courts not specifically authorized by the constitution, granting them powers for four years unless terminated earlier by legislative action.
- (b) Ensures the retention of various judges in their current positions until the expiration of their respective terms.
- (c) Specifies the continuity of justices and judges of various appellate and lower courts in their roles upon the enactment of this article.
- (d) Discusses the transition of certain judges, not within the aforementioned courts, to become judges of the district court.
- (e) Provides provisions for city judges transitioning to district judges if their city courts cease to exist.
- (f) Ensures the retention of district attorneys in office for the remainder of their respective terms.
- (g) Guarantees the retention of clerks of the circuit court for the remainder of their respective terms.
- (h) States that existing laws and court rules remain in effect unless overridden according to constitutional provisions.
These provisions encompass a range of transitional and continuity measures for various judicial offices within Alabama, ensuring a smooth transition and the retention of incumbents in their roles under specific circ*mstances.
If you have further questions or need more detailed explanations regarding any specific section or legal terminology within this excerpt, please feel free to ask.
