ALABAMA RULES OF JUVENILE PROCEDURE

Rule 2.

Juvenile judge—Assignment

(A) The judge of the district court shall serve as the juvenile court judge unless otherwise ordered by the presiding circuit judge.

(B) The presiding circuit judge shall designate from time to time a circuit judge or a district judge to serve as the juvenile judge.

(C) The presiding circuit judge may designate two or more circuit judges or district judges or a combination of circuit and district judges, one of whom shall be designated as presiding juvenile judge, to hear juvenile cases in situations in which:

(1) The caseload in any district requires more than one juvenile judge;

(2) The district encompasses more than one county; or

(3) The district encompasses a county wherein venue lies within an area of lesser geographic extent than the county pursuant to § 12-12-36, Ala.Code 1975.

(D) The presiding circuit judge shall designate a circuit judge or a district judge within the circuit to sit in juvenile cases in the absence or recusal of the juvenile judge.

(E) The presiding circuit judge shall forward designations of juvenile judges to the administrative director of courts (ADC). Copies of these designations shall be maintained at the administrative office of courts.

(F) When the juvenile judge is a circuit judge, the juvenile court shall have and exercise full jurisdiction and power of the juvenile court and of the circuit court of the state.

(G) When the juvenile judge is a district judge, the juvenile court shall have and exercise full jurisdiction and power of the juvenile court and of the district court of the state.

[Amended eff. 5-1-94.]

Comment

See Ala.Code 1975, § 12-15-3(a). This rule clarifies the administrative duties of the presiding circuit judge in each circuit in designating a judge or judges to exercise juvenile jurisdiction within the circuit. Sections (A), (B), and (C) of this rule clarify the power of the presiding circuit judge to designate a circuit or district judge as the juvenile judge in any circuit or district. This procedural flexibility is necessary due to inability to predict caseloads of district courts, especially in respect to possible municipal jurisdiction. See Ala.Code 1975, § 12-17-70, empowering the presiding circuit judge to establish family court divisions.

[Comment amended effective 5-1-94.]