(a) Persons who may act as private judges shall:
- (1) Have been, but are not actively serving as, a judge of a district, circuit, or probate court and have served in the capacity of judge for at least six consecutive years.
- (2) Be admitted to the practice of law in Alabama.
- (3) Be an active member in good standing of the Alabama State Bar Association.
- (4) Be a resident of Alabama.
(b) A person may act as a judge of a case under this chapter only if all of the following occur:
- (1) All parties to the action file a written petition with the circuit clerk of the court in which the action is pending requesting a private judge and naming the person whom the parties wish to have as private judge. The petition shall be accompanied by a form signed by the private judge selected consenting to the appointment.
- (2) The case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction.
- (3) The case is assigned a CV or DR case number by the Alabama Administrative Office of Courts.
(Act 2012-266, p. 514, §2; Act 2018-384, §1.)