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Alabama Supreme Court raises court filing fees in another hidden tax on citizens


Image of order of Alabama Supreme Court - Public Record

The Alabama Supreme Court, in an order issued August 25, 2009, authorized the court clerks of the Alabama Supreme Court, the Alabama Court of Civil Appeals, and the Alabama Court of Criminal Appeals to raise the filing fees they charge to consumers in the court system.  The Alabama Constitution gives the Alabama Supreme Court the authority to issue rules for the administration of the court system and for practice and procedure in the state courts.  This includes the authority to raise filing fees without requesting approval from the Alabama Legislature.  For this reason, and because most people don't know the fees exist until they try to utilize the services of the court system, raising filing fees is sometimes called a hidden tax on citizens.

The new filing fees are the following:

  • Direct appeal:    $200.00
  • Petition for permission to appeal pursuant to Rule 5, Alabama Rules of Appellate Procedure:    $150.00
  • Petition for a writ of certiorari, civil:    $150.00
  • Petition for a writ of certiorari, criminal:    $150.00

While Alabama citizens on average earn among the lowest wages in the nation with an average salary of $34,950, Alabama's judges are among the highest paid in the nation.  Alabama judges earn the following annual salaries on average:

  • Alabama Supreme Court chief justice: $196,183
  • Alabama Supreme Court associate justices: $169,310
  • Alabama Court of Civil Appeals and Court of Criminal Appeals judges: $175,315
  • Trial court judges: $130,379

The order from the Alabama Supreme Court orders that Rule 35A of the Alabama Rules of Appellate Procedure be amended to reflect the increased fees.  The order did not affect the filing fees charged at the circuit or district court level.

See also:

Alabama judges rank high in pay   

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, Legal News Examiner

William L. Pfeifer, Jr., is an attorney and a freelance writer who writes about legal, political, and consumer issues. For more information about his practice or to contact him directly, visit his website at www.WilliamPfeifer.com.

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