Code of Alabama
Ala. Code § 12-1-12 (2026)
Grounds for Disqualification of Judges from Trial of Cases Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
No judge of any court shall sit in any case or proceeding in which he is interested or related to any party within the fourth degree of consanguinity or affinity or in which he has been of counsel or in which is called in question the validity of any judgment or judicial proceeding in which he was of counsel or the validity or construction of any instrument or paper prepared or signed by him as counsel or attorney, without the consent of the parties entered of record or put in writing if the court is not of record.
(Code 1876, §540; Code 1886, §647; Code 1896, §2637; Code 1907, §4626; Code 1923, §8570; Code 1940, T. 13, §6.)
Notes of Decisions
Cited in 15
cases, 1978–2011 · leading case: City of Bessemer v. McClain, 957 So. 2d 1061 (Ala. 2006).
City of Bessemer v. McClain, 957 So. 2d 1061 (Ala. 2006). “" Ala.Code 1975, § 12-1-12 (emphasis supplied).”
Archer Daniels Midland Co. v. Seven Up Bottling Co., 746 So. 2d 966 (Ala. 1999). “§ 455 (requiring federal judges to recuse themselves from any proceeding in which their `impartiality might reasonably be questioned'); Ala.Code 1975, § 12-1-12 (prescribing general grounds for disqualification of Alabama judges from the trial of cases).”
Alabama State Pers. Bd. v. Garner, 4 So. 3d 545 (Ala. Civ. App. 2008). “” In Ex parte Clanahan, a case in which an attorney for one of the parties was a son-in-law of the trial court judge, our supreme court stated: “The word ‘party’ as set out in § 6, Title 13, Code of 1940 [a predecessor to § 12-1-12 containing substantially the same relevant…”
Smith v. Clark, 468 So. 2d 138 (Ala. 1985). “DISQUALIFICATION: "(1) A judge should disqualify himself in a proceeding in which his disqualification is required by law or his impartiality might reasonably be questioned, including but not limited to instances where: ".”
Davis v. State, 554 So. 2d 1094 (Ala. Crim. App. 1984). “The district court judge's brother, acting in his official capacity as an assistant district attorney, did not have "an interest that could be substantially affected by the outcome of the proceedings[s]," see, Canon 3 C.”
Jackson v. Cent. Bank of the South, N.A., 508 So. 2d 235 (Ala. 1987). “” Ala.Code 1975, § 12-1-12, provides in pertinent part: “No judge of any court shall sit in any case or proceeding in which he is interested or related to any party within the fourth degree of consanguinity or affinity or in which he has been of counsel or in which is called in…”
Davis v. Jones, 506 F.3d 1325 (11th Cir. 2007). “4 In denying this claim, the state appellate court determined that Judge Teel was not required to disqualify himself under Alabama Code § 12-1-12 5 because his brother was not a “party” in the proceeding.”
Walker v. State, 358 So. 2d 800 (Ala. Crim. App. 1978). “” Code of Alabama 1975, § 12-1-12 provides: “No judge of any court shall sit in any case or proceeding in which he is interested or related to any party within the fourth degree of consanguinity or affinity or in which he has been of counsel or in which is called in question the…”
Dunlop Tire Corp. v. Allen, 725 So. 2d 960 (Ala. 1998). “§ 455 (requiring federal judges to recuse themselves from any proceeding in which their "impartiality might reasonably be questioned"); Ala.Code 1975, § 12-1-12 (prescribing general grounds for disqualification of Alabama judges from the trial of cases).”
Noah v. State, 494 So. 2d 870 (Ala. Crim. App. 1986). “Section 12-1-12, Code of Alabama 1975, specifically provides, with reference to members of the judiciary, the following: "No judge of any court shall sit in any case or proceeding in which he is interested or related to any party within the fourth degree of consanguinity or…”
Ex Parte Fowler, 863 So. 2d 1136 (Ala. Crim. App. 2001). “Code 1975, provides: "No judge of any court shall sit in any case or proceeding in which he is interested or related to any party within the fourth degree of consanguinity or affinity or in which he has been of counsel or in which is called in question the validity of any…”
State v. Jones, 86 So. 3d 350 (Ala. 2011). “In conjunction with his Rule 32 petition, Jones filed a “motion to recuse Judge Graddick from presiding over his Rule 32 proceeding,” asserting as grounds Ala. Code 1975, § 12-1-12 (“No judge shall sit in any .”
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