Alabama Constitution Section 160 Procedure when judge or chancellor incompetent to try hear or render judgment in case
Alabama Constitution – Section 160: Procedure When Judge or Chancellor Incompetent to Try, Hear, or Render Judgment in Case
🔹 Official Text Summary:
When a judge or chancellor is incompetent to try a case, hear it, or render judgment—due to interest, relationship, bias, or any legal disqualification—the Alabama Legislature shall provide by general law how the case shall be transferred or handled.
🔍 Explanation:
Section 160 addresses situations where a judge or chancellor cannot fairly or legally participate in a case. This could happen for several reasons, such as:
Conflict of interest (e.g., the judge has a personal stake in the outcome),
Family relationship with someone involved in the case,
Bias or prejudice,
Any other legal reason that makes the judge "incompetent" or disqualified to act.
⚖️ Legislative Authority:
The Alabama Legislature is required to set up a uniform procedure through general law to handle such situations.
This ensures the legal process continues fairly and efficiently, possibly by:
Assigning another judge,
Transferring the case to a different court, or
Having a special judge appointed temporarily.
✅ Purpose:
To protect fairness and impartiality in the judicial process,
To ensure due process even when a judge or chancellor must recuse themselves,
To give the legislature flexibility to define clear, consistent rules for handling such cases.
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