Code of Alabama

Ala. Code § 12-9A-8 (2026)

Assignment of Circuit or District Judges by Presiding Circuit Judge.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) A presiding circuit judge, by order, 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. Before assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including the currency, congestion, and backlog of criminal and civil cases.

(b) Assignments of judges by the presiding circuit judge shall be in writing and shall be sent to the assigned judge as soon as practicable. The presiding judge or the judge’s designee may notify the assigned judge orally of the assignment. An oral notification of an assignment is sufficient until a written notification can be prepared and delivered to the assigned judge. A copy of each written assignment shall be filed with the Administrative Director of Courts and in the office of the clerk or register of the court to which the assignment is made.

(c) Except as otherwise provided by law or rule, the presiding judge may assign judicial secretaries, bailiffs, and court reporters in the judicial system within the circuit to service in the circuit or district court as the service may be required.

(d) This section shall not apply in Jefferson County.

(e) It is the intent of the Legislature that pursuant to Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court of Alabama shall amend Rule 13 of the Alabama Rules of Judicial Administration to conform with the provisions of this section.

(Act 2018-567, §§1,2.)

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2021–2026 · leading case: Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026).
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). · cites it 22× “5 Before the enactment of § 12-9A-8, Ala. Code 1975, Rule 13(A), Ala.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). · cites it 22× “5 Before the enactment of § 12-9A-8, Ala. Code 1975, Rule 13(A), Ala.”
Garrigan v. Merrill (M.D. Ala. 2021). “CODE § 12-9A-8. The complaint alleges that Thomason’s appointment is in violation of state law because there is no affected judge that required appointment of Thomason and the appointment of Thomason is indefinite in duration.”
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