The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1917-08-12
THE ALABAMA CONSTITUTION
Model Draft of State Statewide Judicature
BY EMMETT o'NEAL.


This is the fourth of series of ar
ticles in The Sunday Age-Herald by
Governor O'Neal on the problems
which will confront the makers of
Alabama's next constitution. The fl
nal installment will appear next Sun
day.
The model draft of the statewide
judicature act by the American Judica-
ture society embodies practically all the
principles outlined in the discussion of
the recommendations of the American
Bar associa ton The Judica ture society
draft creates one great court composed
Of the following branches viz. An APP
pellate court a superior or circuit court,
and county court and district magiS-
trates, and known as the general court
of judicature.
Under this plan, our present supreme
court and the court of appeals would all
become members of the court of appeals,
the supreme court constituting the SUI
Spreme court division of the court and
the appellate court another division of
the same court. The state would be
divided into. say, five or six divisions,
and the present chief justice of the SUI
preme court would be the chief justice
of the court of appeals and the present
circuit judges would be judges of the
circuit or superior courts, with such adj
ditional judges might be required.
Each division of the superior or circuit
court would have a presiding judge, to
be appointed by the chief justice from
among the judges of that division.
The presiding justice of each division
would have the entire control and man
agement of the calling by the judges,
sitting in the DIVISION Of the docket of
cases assigned to his division; would
superintend the preparation of the calen-
dar of cases for trial in his division and
make such classification and distribution
of the same upon different calendars as
he deemed proper. The chief justice
would have power to interchange judges
from one division to another, other than
the presiding justice. He could make
temporary assignments for a period NOT
to exceed six months of any judge of
any division, except presiding justices, to
any other division. He could require any
circuit judge not otherwise engaged in
the trial of cases to take part in the sit
Ttings of any branch or of any division
of the circuit or superior court Each
OF the circuit or superior courts would
be separated into two divisions; First,
the chancery, probate and domestic rea-
tons division; second, the common law
division, consisting of a certain number
of judges.
This plan also establishes in every
county, a county court which shall have
all the jurisdiction now exercised by JUS
tees of the peace, jurisdiction in all
civil matters, both at law and in equity,
in which the amount does not exceed
$500 1t would also have jurisdiction Of
ali criminal cases of a less grade than
a felony or where the punishment did
not exceed a certain number of years in
the penitentary. Another wise provision
is that such a court shall have jurisdic-
ton of all civil cases, regardless of the
amount involved, by written consent of
the parties
Elk OFFICIO JUDGES
The chief justice and the associa te
judges of the appellate court are all
made ex officio judges of the several
county courts of the states. The chief
justice of the state Is made the pre-
siding justice of each and all of the
county courts of the state, but he may
in his, discretion appoint from among
the judges of the superior or circuit or
county judges presiding justice of the
Z county courts in his place, to hold during
his term of office for such time as
he might specify Another novel fea-
ture of the plan. is the creation of what
is termed the judicial council. This
council is to be composed of the chief
Justice, the presiding justices of each of
the several divisions of the superior or
circuit courts and the presiding justices
of the county courts, if he be other than
the chief justice, but if not, then the
county judge to be appointed by the chief
Justice in writing, one justice of the
court of appeals and one judge of the
general court of judieature to be APP
pointed by the chief justice. This ju-
dicial council is entrusted with very
large an, important powers They can
reduce or add to the number of judges
OF any division of the superior or circuit
court, provided they do not exceed the
number of judges provided by law, and
provided that the reduction of the num-
Der of judges can only be effected when
vacancy occurs
This council is intrusted with the power
to make, alter and amend all the rules
OF pleading, practice and procedure in all
the courts of the state, including district
magistrates They have power to regu-
late the duties of the officers of every
county and the costs of proceedings there
in. They are vested with power to make
rules and regulations respecting the con-
duct of the business of the clerk. for
the general court of judicature and the
jury commissioners and prescribe the du-
ties of the clerk and jury commi ssioners
and their subordinates and to regulate
the sittings Of the court of appeals and
all other courts of the state.
The act provides that all the pleading.
practice and procedure in every court in
Alabama shall be repealed as statutes,
but declared to be operative as rules of
court for the general court of judicature,
but subject to the power of the court
and the judicial council thereof to make,