Ala. Code
Code of Alabama

Ala. Code § 12-2-6 (2026)

Performance of Duties of Chief Justice in Event of Extended Absence from Court or Disability Thereof.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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Whenever the Chief Justice of the Supreme Court of Alabama shall, because of illness or otherwise, be disabled from actively performing his duties as chief justice or those ex officio duties imposed upon him by law or shall be absent from the court for a period of 30 days or longer, then, in either event, the duties so imposed upon him shall be performed by the available associate justice of the Supreme Court in order of seniority based upon continuous length of service on the court, and such associate justice of the Supreme Court is hereby authorized and empowered to perform all of the same in lieu of the chief justice during the latter’s disability or absence from the court for said period longer than 30 days.

(Acts 1949, No. 188, p. 220.)

Notes of Decisions
Cited in 3 cases, 1997–2017 · leading case: Hornsby v. Sessions, 703 So. 2d 932 (Ala. 1997).
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Hornsby v. Sessions, 703 So. 2d 932 (Ala. 1997). · cites it 2× “Further, the defendants argue that a Chief Justice is not an indispensable element of the judicial system, because an Associate Justice may perform the duties of the Chief Justice, under § 12-2-6, Ala. Code 1975. Under the facts of this case, we find unpersuasive the defendants'…”
Glassroth v. Houston, 299 F. Supp. 2d 1244 (M.D. Ala. 2004). · cites it 2× “And, as Moore’s successor, according to state law, 1975 Ala.Code § 12-2-6, Houston “automatically,” Fed.”
D.E.R. v. State, 254 So. 3d 242 (Ala. Crim. App. 2017). “] Section 12-2-6 and -7 must be read in conjunction with Section 12-21-5.”
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