Code of Alabama
Ala. Code § 12-1-14.1 (2026)
Appointment of Special Judge Upon Request; Temporary Service.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) At the request of the affected judge in a particular circuit, the presiding circuit court judge of the circuit may appoint and commission a special circuit court judge, special district court judge, or special judge of probate for temporary service. The person so appointed shall possess the qualifications of the judgeship to which he or she is appointed. The special judge shall qualify by taking the oath of office prescribed in the Constitution of Alabama of 1901. The appointment shall confer on the special judge all powers, authority, and jurisdiction of the judgeship to which he or she is appointed. The special judge shall not receive compensation for his or her services.
(b) As used in this section, the term “temporary service” means not more than 180 consecutive days. A special judge may be reappointed, as needed, for more than one period of 180 consecutive days.
(c) This section is supplemental to Section 12-1-14.
(d) Pursuant to this section, the appointments shall be non-discriminatory.
(Act 2001-969, 3rd Sp. Sess., p. 867, §§1, 2.)
Notes of Decisions
Cited in 9
cases (4 in the last 5 years), 2005–2026 · leading case: Ex parte K.R., 210 So. 3d 1106 (Ala. 2016).
Ex parte K.R., 210 So. 3d 1106 (Ala. 2016). “argued that Dru-han had not been properly appointed as a temporary probate judge and that the matter of appointing a temporary probate judge should be referred either to the presiding judge of the Mobile Circuit Court for reassignment pursuant to § 12-1-14.1, Ala.Code 1975, or…”
Ex Parte Sandifer, 925 So. 2d 290 (Ala. Crim. App. 2005). “Also, § 12-1-14.1, Ala.Code 1975, does not address those situations in which a presiding judge has difficulty accomplishing the duties assigned to him or her by virtue of his or her status as presiding judge.”
Paulk v. Paulk, 249 So. 3d 521 (Ala. Civ. App. 2017). “Michael Druhan, a Mobile attorney, who then entered orders in the case; however, the presiding judge of the Mobile Circuit Court had not appointed Druhan to serve as a temporary probate judge, pursuant to § 12-1-14.1, Ala. Code 1975, and the Chief Justice of the Alabama Supreme…”
Benjamin v. State, 156 So. 3d 424 (Ala. Crim. App. 2013). “” “Temporary service” is defined in § 12-1-14.1(b), Ala. Code 1975 . This section states: “As used in this section, the term ‘temporary service’ means not more than 180 consecutive days.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “) Osborn argues that Judge Howell had no authority to assign the case to Judge Waters because Judge Howell was not the presiding judge of the Morgan Circuit Court when she entered the reassignment order.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “) Osborn argues that Judge Howell had no authority to assign the case to Judge Waters because Judge Howell was not the presiding judge of the Morgan Circuit Court when she entered the reassignment order.”
Garrigan v. Merrill (M.D. Ala. 2021). “CODE § 12-1-14.1. A presiding circuit judge “may assign a circuit or district court judge who is within the circuit to serve within the circuit or within the district courts of the circuit.”
Ex parte David Eugene Files. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF Crim. APPEALS (In re: David Eugene Files v. State of Alabama) (Walker Circuit Court: CC-02-289.63 Crim. Appeals: CR-2023-0062). (Ala. 2024). “On mandamus review, this Court noted that the appointment of special probate-court judges was governed by § 12-1-14.1, Ala. Code 1975, and § 12-13-37, Ala.”
Sp v. Vt, 988 So. 2d 572 (Ala. Civ. App. 2008). “for temporary service," pursuant to § 12-1-14.1(a), Ala.Code 1975, so that Judge Schilleci may review the transcript of the evidence previously presented to him and apply the "best interest" standard to the facts as he had determined them.”
— Ala. Code § 12-1-14.1(a) — 5 cases
Ex Parte Sandifer, 925 So. 2d 290 (Ala. Crim. App. 2005). “Also, § 12-1-14.1, Ala.Code 1975, does not address those situations in which a presiding judge has difficulty accomplishing the duties assigned to him or her by virtue of his or her status as presiding judge.”
Paulk v. Paulk, 249 So. 3d 521 (Ala. Civ. App. 2017). “Michael Druhan, a Mobile attorney, who then entered orders in the case; however, the presiding judge of the Mobile Circuit Court had not appointed Druhan to serve as a temporary probate judge, pursuant to § 12-1-14.1, Ala. Code 1975, and the Chief Justice of the Alabama Supreme…”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “) Osborn argues that Judge Howell had no authority to assign the case to Judge Waters because Judge Howell was not the presiding judge of the Morgan Circuit Court when she entered the reassignment order.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “) Osborn argues that Judge Howell had no authority to assign the case to Judge Waters because Judge Howell was not the presiding judge of the Morgan Circuit Court when she entered the reassignment order.”
Sp v. Vt, 988 So. 2d 572 (Ala. Civ. App. 2008). “for temporary service," pursuant to § 12-1-14.1(a), Ala.Code 1975, so that Judge Schilleci may review the transcript of the evidence previously presented to him and apply the "best interest" standard to the facts as he had determined them.”
— Ala. Code § 12-1-14.1(b) — 3 cases
Benjamin v. State, 156 So. 3d 424 (Ala. Crim. App. 2013). “” “Temporary service” is defined in § 12-1-14.1(b), Ala. Code 1975 . This section states: “As used in this section, the term ‘temporary service’ means not more than 180 consecutive days.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “) Osborn argues that Judge Howell had no authority to assign the case to Judge Waters because Judge Howell was not the presiding judge of the Morgan Circuit Court when she entered the reassignment order.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “) Osborn argues that Judge Howell had no authority to assign the case to Judge Waters because Judge Howell was not the presiding judge of the Morgan Circuit Court when she entered the reassignment order.”
— Ala. Code § 12-1-14.1(c) — 1 case
Ex Parte Sandifer, 925 So. 2d 290 (Ala. Crim. App. 2005). “Also, § 12-1-14.1, Ala.Code 1975, does not address those situations in which a presiding judge has difficulty accomplishing the duties assigned to him or her by virtue of his or her status as presiding judge.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.