Alabama § 12-3-17 Decision of Cases in Event of Absence or Disqualification of Judge or Judges

Alabama Statutes

§ 12-3-17 — Decision of Cases in Event of Absence or Disqualification of Judge or Judges

Alabama § 12-3-17

Title 12Courts

Ch. 3Court of Criminal Appeals and Court of Civil Appeals

This text of Alabama § 12-3-17 (Decision of Cases in Event of Absence or Disqualification of Judge or Judges) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-3-17 (2026).

Text

In the absence of a judge of either of the courts of appeals or in case of the disqualification of a judge, a majority can hold court and decide cases and announce the result when concurred in by them. In the event the remaining judges are equally divided as to the decision, or the court is reduced to less than a majority, the fact must be certified to the Chief Justice of the Supreme Court, and he shall appoint a justice or justices of that court to sit with the divided members to consider and decide said case, or, if the entire court is disqualified, the appointed justice shall consider and decide the case.

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In the absence of a judge of either of the courts of appeals or in case of the disqualification of a judge, a majority can hold court and decide cases and announce the result when concurred in by them. In the event the remaining judges are equally divided as to the decision, or the court is reduced to less than a majority, the fact must be certified to the Chief Justice of the Supreme Court, and he shall appoint a justice or justices of that court to sit with the divided members to consider and decide said case, or, if the entire court is disqualified, the appointed justice shall consider and decide the case.