Rule 8.1 Juvenile court magistrates.

Comment to Rule 8.1 Adopted Effective October 1, 2011

This rule establishes a new category of magistrate titled "juvenile court magistrate." The purpose is to create a separate office with limited authority to handle matters that are under the jurisdiction of the juvenile court.

This rule further provides that juvenile court magistrates shall be subject to the direction and supervision of the clerk of the circuit court if they are employees of or working for that office or to the direction and supervision of the presiding juvenile court judge if they are employees of the juvenile court. The purpose of this provision is to make the juvenile court magistrate responsible to the person in authority who appoints and terminates these employees.

This rule also provides for eligibility requirements, notices of appointment, and oaths of office for juvenile court magistrates. These provisions were patterned after similar provisions for district court magistrates in Rule 18, Alabama Rules of Judicial Administration, including the provision that a magistrate shall not have been convicted of a disqualifying crime. See § 36-2-1, Ala. Code 1975. Magistrates are a part of the judicial branch of government and must exercise independent judgment in the performance of their duties; therefore, and in accordance with decisions of the United States Supreme Court, specifically Shadwick v. City of Tampa, 407 U.S. 345 (1972), any person appointed as a magistrate must be neutral and detached from the law-enforcement function. No person affiliated with the prosecution or with a police organization or function, assigned to a police organization or function, or otherwise connected with law-enforcement activities should be considered eligible for appointment. Additionally, unless otherwise authorized by law, no person affiliated with any other executive or legislative branch of government, including holding any elective or appointive offices or positions of trust, should be considered eligible for appointment.

Subsection (D) requires that all persons appointed as magistrates take and file the oath of office prescribed for public officers by the Constitution of Alabama except when those persons have already taken oaths of office as district court magistrates. Explanation is given for the proper manner of filing the oath of office and the certificate of the administering officer in accordance with Ala. Code 1975, Title 36, Chapter 4, with a specific provision included to ensure that a magistrate's failure to file the oath as directed will not render invalid any acts of that magistrate. This comports with the general rule that any magistrate who enters into office without first taking the oath shall be deemed a de facto officer and that all official acts performed by such an officer are valid.

Comment to Amendment to Rule 8.1 Effective July 1, 2014

Subsection (A)(1) of Rule 8.1 was amended to provide that full-time and part-time Unified Judicial System employees may be appointed juvenile court magistrates. In addition, subsection (B)(1) of Rule 8.1 was amended to delete the prohibition against serving in other capacities in order to leave that issue to be controlled by other law.

Note from the reporter of decisions: The order amending effective October 1, 2011, Rule 1, Rule 2, Rule 3, Rule 5, Rule 6, Rule 8, Rule 9, Rule 12, Rule 13, Rule 14, Rule 15, Rule 15.1, Rule 17, Rule 18, Rule 20, Rule 23, Rule 24, Rule 25, Rule 26, Rule 28, and Rule 31 and adopting effective October 1, 2011, Rule 8.1 and the Comment to Amendment to Rule 1 Effective October 1, 2011; the Comment to Amendment to Rule 2 Effective October 1, 2011; the Comment to Amendment to Rule 3 Effective October 1, 2011; the Comment to Amendment to Rule 5 Effective October 1, 2011; the Comment to Amendment to Rule 6 Effective October 1, 2011; the Comment to Amendment to Rule 8 Effective October 1, 2011; the Comment to Adoption of Rule 8.1 Effective October 1, 2011; the Comment to Amendment to Rule 9 Effective October 1, 2011; the Comment to Amendment to Rule 12 Effective October 1, 2011; the Comment to Amendment to Rule 13 Effective October 1, 2011; the Comment to Amendment to Rule 14 Effective October 1, 2011; the Comment to Amendment to Rule 15 Effective October 1, 2011; the Comment to Amendment to Rule 15.1 Effective October 1, 2011; the Comment to Amendment to Rule 17 Effective October 1, 2011; the Comment to Amendment to Rule 18 Effective October 1, 2011; the Comment to Amendment to Rule 20 Effective October 1, 2011; the Comment to Amendment to Rule 23 Effective October 1, 2011; the Comment to Amendment to Rule 24 Effective October 1, 2011; the Comment to Amendment to Rule 25 Effective October 1, 2011; the Comment to Amendment to Rule 26 Effective October 1, 2011; the Comment to Amendment to Rule 28 Effective October 1, 2011; and the Comment to Amendment to Rule 31 Effective October 1, 2011, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.

Note from the reporter of decisions: The order amending Rule 1, Rule 2, Rule 3, Rule 5, Rule 5.1, Rule 6, Rule 8, Rule 8.1, Rule 12, Rule 13, Rule 14, Rule 15, Rule 18, Rule 20, Rule 24, Rule 26, Rule 28, and Rule 31 effective July 1, 2014, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.