Code of Alabama

Ala. Code § 12-14-30 (2026)

Appointment, Terms of Office and Qualifications; Designation, Etc., of Presiding Judge; Filling of Vacancies; Oath; Grounds for Disqualification of Judges from Hearing of Cases; Practice of Law or Receipt of Unauthorized Remuneration for Judicial Services by Full-Time Judges Prohibited.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) The governing body of the municipality shall, by vote of a majority of its members, appoint judges of the municipal court.

(b) The term of office of each full-time municipal judge shall be for a term of four years. The term of office of a municipal judge other than a full-time municipal judge shall be two years. The term of either full-time or part-time municipal judges shall continue until a successor has been appointed and qualified.

(c) In the event that a municipality has more than one judge, the mayor shall designate a presiding judge, who shall have such additional duties and powers and be entitled to receive such additional compensation as provided by ordinance.

(d) Each judge must be licensed to practice law in this state and must be a qualified elector of the state. No judge shall be otherwise employed in any capacity by the municipality during his term of office.

(e) The office of a municipal judge shall be vacant if he dies, resigns or is removed, and vacancies shall be filled by the municipal governing body in the same manner as original appointments are made.

(f) Each municipal judge shall, before assuming office, take and sign the oath provided by the Constitution, and a copy thereof shall be filed in the Office of the Secretary of State, the Administrative Director of Courts and the clerk of the municipality; provided, that failure to file as required by this subsection shall not render invalid any act, order or judgment of said judge.

(g) Municipal judges shall be subject to all grounds of disqualification from hearing specific cases as are applicable to circuit judges.

(h) No full-time municipal judge shall, during his continuance in office, engage in the practice of law or receive any remuneration for his judicial service, except the salary and allowances authorized by the municipality.

(Acts 1975, No. 1205, p. 2384, §8-102.)

Notes of Decisions

Cited in 3 cases, 1985–2012 · leading case: McGlathery v. Alabama Agric. & Mech. Univ., 105 So. 3d 437 (Ala. Civ. App. 2012).

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McGlathery v. Alabama Agric. & Mech. Univ., 105 So. 3d 437 (Ala. Civ. App. 2012). · cites it 3× “Murphy contended that the resolution had indeed passed because a majority of the members of the council had voted in favor of it and § 12-14-30, Ala.Code 1975, provided that municipal judges were to be appointed by a vote of a majority of the council’s members.”

City of Birmingham v. Graffeo, 551 So. 2d 357 (Ala. 1989). · cites it 2× “"The Murphy case involved a conflict between the provisions of § 11-44C-28, which provides for at least five votes to pass a resolution by the Mobile City Council, and § 12-14-30(a), which provides that municipal judges may be appointed by a majority vote of a city council.”

City of Prichard v. Smith, 477 So. 2d 375 (Ala. 1985). · cites it 7× “” We do not interpret the Judicial Article, § 12-14-l(a), or § 12-14-30(b) to provide that part-time municipal judges’ two-year terms would automatically begin to run from December 27, 1977. Thus, the last two-year term granted to the appellees ran from October 4, 1976, to…”

— Ala. Code § 12-14-30(a) — 2 cases

City of Birmingham v. Graffeo, 551 So. 2d 357 (Ala. 1989). “"The Murphy case involved a conflict between the provisions of § 11-44C-28, which provides for at least five votes to pass a resolution by the Mobile City Council, and § 12-14-30(a), which provides that municipal judges may be appointed by a majority vote of a city council.”

City of Prichard v. Smith, 477 So. 2d 375 (Ala. 1985). “” We do not interpret the Judicial Article, § 12-14-l(a), or § 12-14-30(b) to provide that part-time municipal judges’ two-year terms would automatically begin to run from December 27, 1977. Thus, the last two-year term granted to the appellees ran from October 4, 1976, to…”

— Ala. Code § 12-14-30(b) — 1 case

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