Alabama: 2nd hearing today on plan to require legislature approve of judicial disciplinary proceeding that would remove a judge from office

In September of 2016 Alabama Chief Justice Roy Moore was suspended without pay for the remainder of his term by the state’s judicial disciplinary commission (Court of the Judiciary) on a complaint from the state judicial investigatory arm (the Judicial Inquiry Commission). Now members of the Alabama legislature want to disband both or strip them of power (news reports here and here).

SB 8 of 2017 is a constitutional amendment that would require 2/3rds legislative approval of Supreme Court decisions to remove judges from office. The move comes after the suspension from office of Chief Justice Roy Moore. During the hearing on the bill the lead proponent complained that in the state’s Judicial Inquiry Commission “We have popularly elected judges, and we have a small, unelected body that takes them out.” Opponents expressed concern over separation of powers issues.

SB 8 also ends the practice where a judge or justice is suspended from office upon filing of a complaint by the Judicial Inquiry Commission.