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AL SB440

Bill

Status

Introduced

3/5/2014

Primary Sponsor

Robert Ward

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Origin

Senate

Regular Session 2014

AI Summary

  • Requires judges to recuse themselves from civil cases if a reasonable person would perceive impaired impartiality or there is serious objective probability of bias due to a substantial campaign contribution from a party to the case made in the immediately preceding election.

  • Creates rebuttable presumption that judges must recuse if a direct campaign contribution from a party exceeds 10% of total contributions in statewide appellate court races, 15% in circuit court races, or 25% in district court races, when the contribution was made when the case could foreseeably come before the judge.

  • Defines "party" to include the litigant and immediate family, holders of 5% or more of a business entity party, corporate affiliates or subsidiaries, attorneys for the party, and other lawyers in practice with the party's attorney.

  • Makes orders denying recusal motions appealable to the appropriate appellate court within 30 days, with trial court proceedings stayed during the appeal if the contribution threshold is met.

  • Repeals existing campaign contribution disclosure requirements for judges and attorneys under Sections 12-24-1 and 12-24-2 of the Alabama Code.

Legislative Description

Judges, recusals, appearance of impartiality based on campaign contribution, rebuttable presumption if contribution represents 25 percent of total contribution for election cycle, Secs. 12-24-1, 12-24-2 repealed

Judges

Last Action

Indefinitely Postponed

4/1/2014

Committee Referrals

Judiciary3/5/2014

Full Bill Text

No bill text available