Important Notices
| Publication year | 2014 |
| Pages | 0226 |
| Citation | Vol. 75 No. 4 Pg. 0226 |
Standards for Attorneys Representing Parents in Dependency and Termination Cases
Notice of Changes to the Statute of Judicial Recusal In Alabama
Standards for Attorneys Representing Parents in Dependency and Termination Cases
The Alabama Parents' Attorney Standards Subcommittee, chaired by John Bodie of Trussville, has discussed the adoption of standards for representing parents in dependency and termination-of-parental-rights (TPR) cases in Alabama. A copy of the American Bar Association (ABA)'s "Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases" was distributed to the subcommittee, which agreed that the standards would serve as a working draft. Several amendments were made. Subcommittee comments identified as "Alabama Comments" are included to provide clarifications for interpretation and/or implementation in Alabama.
These standards (available at www.alabar.org) have been approved by the Alabama State Bar's Family Law Section Board and apply to all state-provided attorneys (whether the attorneys are appointed, provided under contract, are public defenders or are otherwise paid for by state funds), recognizing that individuals always maintain the right to hire counsel of their own choosing.
Notice of Changes to the Statute Of Judicial Recusal in Alabama
The Alabama State Bar is providing this notice of change as a service to its members. During the 2014 Legislative Session, the law of judicial recusal was revised, reflecting the standards set forth in recent United States Supreme Court decisions, as well as the new electronic filing requirements that provide greater transparency in contributions. This new law took effect July 1, 2014 and specifically repeals Ala. Code 12-24-1 and 12-24-2, replacing it with the following new requirements.
Section 1. (a) In any civil action, on motion of a party or on its own motion, a justice or judge shall recuse himself or herself from hearing a case if, as a result of a substantial campaign contribution or electioneering communication made to or on behalf of the justice or judge in the immediately preceding election by a party who has a case pending before that justice or judge, either of the following circumstances exist:
(1) A reasonable person would perceive that the justice or judge's ability to carry out his or her judicial responsibilities with impartiality is impaired....
(2) There is a serious,
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