Alabama

In a recent Politico piece, the former chief justice of Alabama's supreme court offered a firsthand perspective on the relationship between electing judges and maintaining impartial courts and judges, and other judges have shared similar sentiments. In 2012, Chief Justice Cobb participated in an IAALS roundtable, which reached consensus on several "cornerstones" for contested judicial elections.

According to a recent study, Alabama should move from partisan elections of judges to commission-based gubernatorial appointment in order to ensure a stable, predictable, and fair legal system for businesses and promote long-term economic growth. The study explores the correlation between states' methods for selecting judges and how attorneys perceive judges' competence and impartiality, as well as other aspects of states' legal environments.

Last week, the Alabama legislature passed a new law that addresses judicial disqualification in cases involving campaign contributors. The state is an ideal target for recusal reform. From 2000-2009, Alabama ranked first in the nation in campaign fundraising and spending for state supreme court races. The 2006 cycle alone saw $14.5 million in contributions and expenditures.

Utah requires divorcing couples to attend a two-hour seminar, and one lawmaker has proposed splitting the seminar into separate segments, the first of which occurring earlier in the process to help remind couples that reconciliation is an option. Meanwhile, a bill in Alabama would require couples with children to take a class designed to increase parents' sensitivity to their children's needs.

In a recent opinion dissenting from the denial of certiorari in an Alabama death penalty case, U.S. Supreme Court Justice Sonia Sotomayor questioned whether the pressures of partisan judicial elections influence judges' decisions in cases involving hot-button issues like capital punishment. Social scientists have examined the question before, and have come to similar conclusions.

Alabama has passed legislation, SB 47 (Act 2012-492), which requires the Alabama Supreme Court to adopt expedited trial procedures for cases in circuit court where the amount in controversy does not exceed $50,000. In contrast, Louisiana also passed legislation, HCR 81, which requests the Louisiana State Law Institute study jury trial procedures and make recommendations for an expedited or summary jury trial program.

Four justices who served with former chief justice Roy Moore are among 10 current and former justices of both parties who have endorsed his opponent in Moore’s bid to be chief justice again. He was removed from the court in 2003 for ignoring a federal court order to remove a Ten Commandments display from the state judicial building.

Recent polling indicates that the chief justice race between Judge Robert Vance Jr. and Roy Moore is a dead heat, a somewhat surprising turn of events given that Vance did not enter the race as the Democratic candidate until September. Since then, Vance has raised $500,000 and received endorsements from two prominent Alabama Republicans.

The Democratic candidate for chief justice was removed as his party’s nominee for reportedly making “disparaging remarks about homosexuals, his Republican opponent and party leaders.” Following a hearing, a five-member party committee voted unanimously to take this step and reopened the qualifying period for candidates.

The state AFL-CIO endorsed the Republican candidate for chief justice, Roy Moore. Though the organization usually backs Democratic candidates, its president said that Moore has a record of “treating the average person fairly in court.” Moore has also received $55,000 in contributions to date from plaintiff attorneys.