Home Opinion A Benchside Chat with Judge Tracie A. Todd

A Benchside Chat with Judge Tracie A. Todd

3098
0

Tracie ToddCircuit Judge for the State of Alabama Tenth Judicial Circuit – Criminal Division

The American Legal System, since its inception, has been grounded in legal rules, theories and ideas that keep us subservient to its commandments, while at the same time creating a shroud of mystery for lawyers and laypeople alike. Even some of the most learned “legal eagles” find themselves wrestling with notions that sometimes seem contradicting but work well together for the common good. In our next few “chats,” we will explore the organizational structure of our court system, the role of the judge and the relationship of the court to the people.
In the United States, there are two quasi-autonomous court systems – the federal court system and the state court system. While both are parallel in a sense, there is a symbiotic relationship between the systems. Therefore, in the most simplistic terms, to understand one is to understand the other notwithstanding the constitutionally mandated departures.
The Alabama state court system mirrors the federal system in its organizational structure. The system is divided into three primary tiers – courts of limited jurisdiction, courts of general jurisdiction and courts of appellate jurisdiction. Each tier is comprised of varying sub-tiers with corresponding courts.
Courts of limited jurisdiction have authority over certain types of cases in each county of the state. This tier includes municipal, probate, small claims, juvenile, and district courts. Municipal courts are authorized to hear violations of municipal ordinances, misdemeanor criminal cases, and traffic offenses that were charged within its police jurisdiction. Probate courts are responsible for matters involving adoption, mental illness, wills, property, and estates. Small claims courts are responsible for civil cases where the amount in controversy does not exceed $3,000. Juvenile courts are authorized to hear civil and criminal matters relating to children under the age of 18, including juvenile delinquency and dependency. District courts have jurisdiction over criminal misdemeanor offenses and preliminary hearings for felony offenses. In civil matters, district courts have jurisdiction over matters where the amount in controversy exceeds $3,000, but does not exceed $10,000.
The second tier in the Alabama court system, courts of general jurisdiction, has authority over all criminal and civil matters. As it relates to criminal cases, this court has jurisdiction over criminal matters involving most felony prosecutions, and in certain instances misdemeanor and juvenile matters. On the civil side, this court has exclusive original jurisdiction over matters where the amount in controversy exceeds $10,000. This court also holds appellate jurisdiction over certain matters appealed from the courts of limited jurisdiction.
The courts of appellate jurisdiction are included in the third tier of our court system. There are three sub-tiers in this group – The Court of Civil Appeals, The Court of Criminal Appeals, and the Supreme Court of Alabama. These courts have the power of a hear appeals from lower courts, including the power to reverse or modify the lower court’s decision.
Join our next Benchside Chat – The Role of Judges.

LEAVE A REPLY

Please enter your comment!
Please enter your name here