Alabama Constitution Section 145 Authority to establish courts of chancery division of state into chancery divisions districts within chancery divisions residency requirements for chancellor
Alabama Constitution – Section 145: Authority to Establish Courts of Chancery
Here is the official text and a breakdown of Section 145 of the Alabama Constitution:
📜 Section 145 - Authority to Establish Courts of Chancery; Division of State into Chancery Divisions; Districts Within Chancery Divisions; Residency Requirements for Chancellor
The legislature shall have power to establish courts of chancery, with original and appellate jurisdiction, and to divide the state into chancery divisions, and to provide for the appointment or election of chancellors, who shall have the same qualifications as the judges of the supreme court, and who shall reside in the division for which they are elected or appointed, and the legislature may provide that the state shall be divided into chancery districts, and that a chancellor for each district may be elected or appointed, who shall reside in the district for which he is elected or appointed.
🔍 Summary and Explanation:
Legislative Authority: The Alabama Legislature is authorized to:
Create courts of chancery, which handle equity cases (such as injunctions, trusts, or disputes not typically resolved by common law).
Grant those courts original and appellate jurisdiction—they can hear cases first and review lower court decisions.
Chancery Divisions & Districts:
The state can be divided into chancery divisions (larger areas).
These divisions can further be divided into districts (smaller judicial regions).
Chancellors:
Chancellors (judges of chancery courts) may be appointed or elected.
They must have the same qualifications as Alabama Supreme Court justices.
A chancellor must reside in the division or district they serve.
✅ Purpose of Section 145:
This section ensures that equity courts are structured fairly and are staffed by qualified judges who live in the communities they serve, maintaining both expertise and accountability.
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