Code of Alabama
Ala. Code § 12-2-5 (2026)
Performance of Duties or Functions of Chief Justice in Event of Absence from State or Disability Thereof Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
In the event of the absence of the Chief Justice from the state or in the event of the inability of the Chief Justice to perform any duty or function required by law or rule, such duty or function may be performed by the senior associate justice available in the seat of government, provided he is requested to do so by the Chief Justice.
(Acts 1975, No. 1205, p. 2384, §6-110.)
Notes of Decisions
Cited in 4
cases, 1980–2017 · leading case: City of Bessemer v. McClain, 957 So. 2d 1061 (Ala. 2006).
City of Bessemer v. McClain, 957 So. 2d 1061 (Ala. 2006). “However, he transferred his authority to appoint Special Justices to the senior Associate Justice of the Supreme Court pursuant to § 12-2-5, Ala.Code 1975 (authorizing the senior Associate Justice to perform the Chief Justice's duties in the event the Chief Justice is unable to…”
Champion Intern. Corp. v. State, 405 So. 2d 932 (Ala. 1980). “328 of the Constitution of Alabama which authorizes the Chief Justice to assign appellate justices and judges to any appellate court for temporary service and trial judges, supernumerary justices and judges, and retired trial judges and retired appellate judges for temporary…”
Wood v. State, 261 So. 3d 322 (Ala. 2017). “On August 31, 2017, pursuant to § 12-2-5, Ala. Code 1975, Associate Justice Sellers was appointed to serve as Acting Chief Justice in this case and, pursuant to § 149, Ala.”
Wood v. State, 261 So. 3d 322 (Ala. 2017). “On August 31, 2017, pursuant to § 12-2-5, Ala. Code 1975, Associate Justice Sellers was appointed to serve as Acting Chief Justice in this case and, pursuant to § 149, Ala.”
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