Code of Alabama

Ala. Code § 12-2-1 (2026)

Composition of Court; Election and Terms of Office of Justices.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) The Supreme Court, except as otherwise provided, shall consist of a chief justice and eight associate justices, who shall be elected by the qualified electors of the state at the general elections as provided by law for the election of members of the House of Representatives in Congress and who shall hold their offices for the term of six years from the first Monday after the second Tuesday in January next succeeding their election and until their successors are elected and qualified. Subject to the provisions of the Constitution respecting filling of vacancies in judicial offices, members of the Supreme Court shall be elected as follows: The Chief Justice and three associate justices shall be elected at the general election in November, 1976, two associate justices shall be elected at the general election in November, 1978, and three associate justices shall be elected at the general election in November, 1980. Thereafter members of the Supreme Court shall be elected in the general election next preceding the expiration of the respective term for which the incumbent holds office.

(b) Persons elected to the Supreme Court, or appointed to fill a vacant term of office on the Supreme Court, after January 1, 2010, must have been licensed by the Alabama State Bar Association a combined total of 10 years or more, or by any other state bar association for a combined total of 10 years or more, prior to beginning a term of office or appointment to serve a vacant term of office.

(Code 1852, §566; Code 1867, §658; Code 1876, §568; Code 1886, §673; Code 1896, §3825; Code 1907, §5948; Code 1923, §10269; Code 1940, T. 13, §10; Acts 1969, No. 602, p. 1087, §1; Act 2009-562, p. 1632, §1.)

Notes of Decisions
Cited in 8 cases, 1994–2007 · leading case: Hornsby v. Sessions, 703 So. 2d 932 (Ala. 1997).
Hornsby v. Sessions, 703 So. 2d 932 (Ala. 1997). · cites it 8× “He sought a judgment declaring that by virtue of §§ 12-2-1, 17-2-6, and 36-3-2, Ala. Code 1975, his term of office continued until his successor was "elected and qualified" or until he was declared the winner of the November 1994 election for Chief Justice, and declaring that…”
Ex Parte Walker, 972 So. 2d 737 (Ala. 2007). · cites it 2× “Alabama Code 1975, § 12-2-1, provides that this Court "shall consist of a chief justice and eight associate justices.”
White v. State of Ala., 867 F. Supp. 1519 (M.D. Ala. 1994). · cites it 4× “Ala.Code § 12-2-1 (1986). Each of the courts of appeals is composed of five judges.”
Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995). · cites it 4× “Code, § 12-2-1, provides that the Supreme Court shall consist of one chief justice and eight associate justices.”
White v. State of Ala., 867 F. Supp. 1571 (M.D. Ala. 1994). · cites it 2× “Ala. Code § 12-2-1 (1986). Each of the courts of appeals is currently composed of five judges.”
White v. Alabama, 922 F. Supp. 552 (M.D. Ala. 1996). · cites it 2× “602 is codified at 1975 Ala.Code § 12-2-1. . Act No. 987 is codified at 1975 Ala.”
White v. State of Alabama, 74 F.3d 1058 (11th Cir. 1996). · cites it 2× “Acts 1087 (codified at Ala.Code § 12-2-1 (1995)). The legislature also divided the Court of Appeals into the Court of Criminal Appeals and the Court of Civil Appeals, each with three judges.”
White v. State of Alabama, 74 F.3d 1058 (11th Cir. 1996). “Acts 1087 (codified at Ala. Code § 12-2-1 (1995)). The legislature also divided the Court of Appeals into the Court of Criminal Appeals and the Court of Civil Appeals, each with three judges.”
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