ALABAMA’S COURT SYSTEM COURTS OF GENERAL JURISDICTION reached by Alabama’s lower courts. This court also Alabama’s courts operate as a unified judicial Alabama’s circuit courts have general jurisdiction has authority to review legal matters where the system. This unified court system is administered by over the majority of legal matters. Circuit courts amount in controversy exceeds $50,000 and where no the Chief Justice of the Supreme Court of Alabama have jurisdiction over all criminal matters involving other court in Alabama has jurisdiction. and by the Administrative Director of Courts who is felony prosecutions. Circuit courts may also exercise The chief justice of the Supreme Court of Alabama appointed by the chief justice. The Administrative jurisdiction over legal matters filed in Alabama’s also has administrative authority over Alabama’s Director of Courts oversees the Administrative Office district and juvenile courts, and in matters where the Unified Judicial System. In addition, the Supreme of Courts. This office provides essential services to amount in controversy exceeds $3,000. Court of Alabama may make rules governing Alabama’s trial courts across the state. Circuit courts have exclusive jurisdiction over the administration, practice and procedures for matters where the amount in controversy exceeds Alabama’s courts. ALABAMA’S COURTS $10,000. Circuit courts also have appellate jurisdic- Alabama’s courts provide three levels of jurisdiction: tion over certain legal matters that may be appealed WHERE ARE ALABAMA’S COURTS? 1. Courts of limited jurisdiction; directly to the circuit court from the courts of limited Alabama’s municipal courts are located within a city’s 2. Courts of general jurisdiction; and jurisdiction. police jurisdiction. Not all cities have such courts. 3. Courts of appellate jurisdiction. Each of Alabama’s 67 counties has a circuit court. Alabama’s probate, small claims, district, juvenile, Each judicial circuit (consisting of one or more and circuit courts are located in each county. These COURTS OF LIMITED JURISDICTION Alabama counties) also has a presiding judge who courts are normally found in the county’s courthouse, Courts of limited jurisdiction include municipal exercises general supervision of the courts in his or located in the county seat. courts, probate courts, small claims courts, district her circuit. courts, and juvenile courts. Alabama’s 67 counties are WHO ARE ALABAMA’S JUDGES? divided into 41 separate judicial circuits. While some COURTS OF APPELLATE JURISDICTION Alabama’s small claims, district, juvenile and circuit of Alabama’s judicial circuits may consist of more Alabama’s courts of appellate jurisdiction are divided court judges, and Alabama’s appellate court judges than one county, courts of limited jurisdiction are into three separate courts: the Court of Civil Appeals, and justices must be attorneys licensed to practice found in each county. Most Alabama cities also have the Court of Criminal Appeals and the Supreme law in Alabama. This requirement does not apply to municipal courts. Court of Alabama. The appellate courts normally Alabama’s probate judges. All of Alabama’s judges 1. Municipal courts have jurisdiction over violations review legal matters for error only after being decid- and justices currently are elected and hold office for a of municipal ordinances and criminal misdemeanor ed by one of the lower courts of limited or general period of six years. While judicial vacancies are nor- offenses occurring within the city’s police jurisdic- jurisdiction. Alabama’s appellate courts are located mally filled by the appointment of the Governor, the tion. Municipal courts are located in the Alabama’s in the Heflin-Torbert Judicial Building in Alabama’s appointed judge or justice must thereafter be elected cities that have established such a court. capital city, Montgomery, at 300 Dexter Avenue. to hold office. 2. Probate courts have jurisdiction over matters deal- 1. The Court of Civil Appeals consists of five ing with wills, estates, real property, mental illness, judges and has jurisdiction in civil appeals where WHO ARE ALABAMA’S COURT CLERKS? and adoption. Each county has a probate court. the amount in controversy may not exceed $50,000. Alabama’s counties have a court clerk. The court 3. Small Claims courts have jurisdiction over civil This court also considers matters appealed from clerk in each Alabama county is an elected official matters where the amount in controversy does not certain state administrative agencies including deci- and the custodian of the many documents filed in exceed $3,000. You may represent yourself in this sions relating to workers’ compensation. In appeals court each day. Lawsuits and other court documents court. Each county has a small claims court. from court decisions regarding domestic relations, are filed in the office of the court clerk. Each clerk has 4. District courts have jurisdiction over criminal this court considers matters including annulment, many other duties, responsibilities and authorities misdemeanor offenses and the preliminary hearings divorce, alimony, child support, adoption, and child necessary for the day-to-day operation of Alabama’s held in felony prosecutions. District courts also have custody. court system. Alabama’s municipal and appellate jurisdiction in civil matters where the amount in con- 2. The Court of Criminal Appeals consists of five courts also have clerks. troversy exceeds $3,000, but does not exceed $10,000. judges. This court considers all appeals from mis- Each county has a district court. demeanor and felony trials or convictions. These DO YOU NEED A LAWYER? appeals may even include appeals from decisions 5. Juvenile courts have jurisdiction over both civil If you need a lawyer and do not know a lawyer to reached by Alabama’s municipal courts. and criminal matters involving those under the age contact, you may contact a lawyer referral service, 3. The Supreme Court of Alabama consists of 18, including actions where a child is alleged to or you may contact the Alabama State Bar’s Lawyer of a chief justice and eight associate justices. As be delinquent, dependent or in need of supervision. Referral Service by e-mail at [email protected], or by call- Alabama’s highest court, the Supreme Court of These legal proceedings are considered confidential. ing 800-392-5660. Each county has a juvenile court. Alabama has authority to review the decisions WHAT ARE OTHER METHODS FOR the judge may appoint an attorney to represent you. Alabama‘s RESOLVING DISPUTES? You must be provided one in certain criminal cases. Parties in conflict may decide they want to resolve In non-criminal matters, the court may be able to their dispute before they file a claim in court, or if provide you with an attorney through a volunteer lawyers program or through Legal Services Alabama Court they have already filed a lawsuit, before they go before a judge or jury. This is called alternative dis- at http://www.alabamalegalhelp.org. You also may con- pute resolution (ADR) because the method used to tact the Alabama State Bar at http://www.alabar.org or resolve the dispute is an alternative to litigation. by calling (334) 269-1515. System MEDIATION HOW ARE LAWYERS DISCIPLINED? One of the most popular alternative methods of dis- In Alabama, a lawyer’s professional conduct is gov- pute resolution is mediation. Mediation is an infor- erned by the Alabama Rules of Professional Conduct and mal process during which an unbiased third party, Rules of Disciplinary Procedure. After a complaint is the mediator, assists parties in reaching a mutually filed and a review by the Alabama State Bar is com- acceptable agreement resolving their dispute. The pleted, the lawyer’s conduct may be further reviewed mediation session is intended to identify pertinent by the Disciplinary Board of the Alabama State Bar, issues, clarify misunderstandings, explore solu- and if justified, it may result in his or her being disci- tions and work out an agreement that is written and plined. signed by the parties. The mediator does not make a decision for the parties, but helps them decide what HOW ARE JUDGES DISCIPLINED? is best for them. The Alabama constitution creates both the Judicial Inquiry Commission and the Court of the Judiciary. ARBITRATION The Commission may receive, initiate and investi- Arbitration, another common alternative to litigation, gate complaints concerning any judge of a court of is usually established as the method of dispute reso- Alabama’s Unified Judicial System. After review by lution in a consumer or business contract before any the Commission, any resulting complaint may be conflict arises. A clause in the contract requires that heard and decided by the Court of the Judiciary. parties agree to resolve any future dispute in arbi- tration, rather than in court before a judge or jury. WHERE CAN YOU GET MORE INFORMA- Arbitration agreements are found in contracts with TION ABOUT ALABAMA’S COURTS? banks, financial service providers, credit card compa- If you require additional information regarding nies, home builders, brokers, insurance companies, Alabama’s Unified Judicial System, you may contact and automobile and manufactured home dealers. the Alabama State Bar at http://www.alabar.org or During arbitration, each party presents his or her case by calling (334) 269-1515. You also may contact the to an unbiased third party, the arbitrator, and has a Alabama Administrative Office of Courts at chance to listen to and question the other party’s wit- http://www.alacourt.gov. nesses. After both parties are finished, the arbitrator The material in this pamphlet represents general information makes a decision for the parties, much as a judge. concerning Alabama’s courts. It is always best to consult an For more information about mediation or arbitra- attorney about your legal rights and responsibilities regarding tion, you may visit http://www.alabamaadr.org, or call your particular case. the Alabama Center for Dispute Resolution at (334) This pamphlet is published by the Alabama State Bar as a pub- Published by lic service. Copies of this pamphlet and others are available upon 269-0409. request and can be located on the Alabama State Bar’s website at http://www.alabar.org/brochures. WHAT IF YOU CANNOT AFFORD Published by: A LAWYER? Alabama State Bar If you are charged with a crime and cannot afford a 415 Dexter Avenue lawyer, you must make the court aware of that fact. Montgomery, Alabama 36104 After applying the law to your financial circumstances, (334) 269-1515 August 2011