Circuit Courts in Alabama

Alabama's circuit courts serve as the cornerstone of the state's judicial system for both civil and criminal cases. As courts of general jurisdiction, they handle a broad range of serious matters that lower courts (like district or municipal courts) cannot. Each of Alabama's 67 counties has a circuit court (many counties share judges in multi-county circuits), making a total of 41 judicial circuits statewide. This primer provides an authoritative yet accessible guide to how Alabama circuit courts work – covering their civil and criminal jurisdiction, court structure, procedures, and the types of cases they hear – with practical guidance for anyone navigating a legal issue at the circuit court level. Drawing on first-hand insights from Elliott Owen Lipinsky, an experienced attorney in Selma and Montgomery (Pike Road), Alabama, we'll also highlight how his background as both a prosecutor and defense attorney shapes a valuable perspective on the role of circuit courts in the Alabama judicial system.

Overview of Alabama's Circuit Courts

Alabama circuit courts are the state's trial courts of general jurisdiction, meaning they have the authority to hear almost any kind of case – civil or criminal – unless a statute or rule assigns it exclusively to another court. In practice, this means circuit courts take on major criminal cases (primarily felonies) and significant civil disputes, and serve as an appellate forum for certain lower court cases. If no other Alabama court has jurisdiction over a case, it will be heard in circuit court. Circuit courts are therefore often viewed as the workhorses of the Alabama judiciary, handling everything from serious violent crimes to high-value lawsuits.

Each judicial Circuit may encompass one or more counties. Less populous counties are grouped together into a single circuit. In contrast, urban counties (for example, Jefferson County, the 10th Circuit) may stand alone and have multiple judges. Circuit judges in Alabama are elected and serve six-year terms. The state currently has 148 circuit judges across the 41 circuits. Selma, Alabama (Dallas County) and Wilcox County, Alabama, fall within Alabama's 4th Judicial Circuit, for instance, which is served by several judges. No matter the location – be it a larger city like Montgomery (including communities like Pike Road) or a rural county like Wilcox – the local circuit court operates under the same state laws and procedural rules, ensuring uniform administration of justice across Alabama.

Criminal Jurisdiction of Circuit Courts

In Alabama, circuit courts have exclusive original jurisdiction over felony prosecutions – these are the most serious criminal charges, such as homicide, robbery, felony drug offenses, and other crimes punishable by more than a year in state prison. If you are charged with a felony in Alabama (for example, a serious offense occurring in Selma or anywhere in Dallas County), your case will ultimately be bound for the circuit court of that county. Circuit courts also handle certain misdemeanors that are lesser-included offenses to felonies or that arise from the same incident as a felony charge. In other words, if a misdemeanor charge is closely related to a felony case, the circuit court can resolve it alongside the felony.

It's important to note that all felony cases begin with initial proceedings in the lower district court (e.g., a preliminary hearing), but final disposition – whether trial or plea – occurs in circuit court after indictment by a grand jury. One exception is that district courts share jurisdiction with circuit courts to accept guilty pleas in certain non-capital felony cases. This means a defendant might plead guilty to a lower-level felony in district court. Still, generally any contested felony must be resolved in circuit court. The circuit court is also where a defendant can exercise the right to a jury trial for felony charges.

Elliott Lipinsky's experience as an Alabama prosecutor underscores the importance of circuit courts in the criminal justice system. He served as an Assistant District Attorney in Selma from 2013 to 2015, prosecuting felonies in Dallas County's circuit court, and later as a Deputy District Attorney in Wilcox County. Through these roles, Lipinsky handled a broad spectrum of severe criminal cases in circuit courts – from violent crimes to property offenses – gaining an intimate understanding of how felony cases proceed through indictment, motions, trial, and sentencing in Alabama. This prosecutorial background now informs his work as a criminal defense attorney, giving him a dual perspective on navigating circuit court criminal procedure.

Civil Jurisdiction and Types of Cases in Circuit Courts

On the civil side, Alabama circuit courts hear major civil disputes and have jurisdiction based primarily on the amount in controversy and the subject matter. If the amount of money at stake is over $10,000, the case falls under the original jurisdiction of the circuit court. For example, a personal injury lawsuit seeking significant damages or a complex contract dispute involving a large sum would be filed in circuit court. Alabama's district courts handle more minor civil matters (generally those under $6,000 in small claims or up to $10,000 in certain civil cases). There is concurrent jurisdiction between Circuit and district courts for mid-range cases (roughly $3,000 to $10,000). In practice, most civil suits for amounts over $10,000 are heard in circuit court, and circuit courts may also hear cases above $3,000 even if a district court could listen to them. Beyond monetary disputes, circuit courts handle essential categories of cases that other courts cannot. Domestic relations cases – such as divorces, child custody disputes, and alimony – are typically under the exclusive jurisdiction of circuit courts. So, if a couple in Selma or Pike Road needs a divorce or has a custody matter, their case would usually be in the circuit court for Dallas County or Montgomery County, respectively. Circuit courts can also hear equity cases and injunctions that don't involve money damages, and they can step in to decide certain matters transferred from probate court (for example, complex estate or guardianship cases). Essentially, any civil matter not explicitly reserved to another forum will end up in circuit court – including major personal injury lawsuits, wrongful death claims, significant property disputes, and other complex litigation.

From the perspective of an attorney like Elliott Lipinsky, who focuses on personal injury and severe civil cases in Alabama, the circuit court is a venue where individuals and businesses seek justice for substantial harms. Lipinsky's private practice in Selma, Alabama, has included cases such as product liability suits, wrongful death claims, and other high-stakes civil matters that require the circuit court's authority to award substantial damages and to provide jury trials. As a civil attorney in Alabama's circuit courts, he's familiar with the procedural rigor these cases require – from detailed pleadings and discovery to presenting evidence to a jury.

Structure and Role of Circuit Courts in the Judicial System

Alabama's circuit courts play a pivotal role in the judicial system, sitting between the local courts of limited jurisdiction and the appellate courts. In terms of structure, each county's circuit court is part of a broader judicial circuit. Judges may rotate or "ride circuit" to hold court in each county of their Circuit. For instance, the 4th Judicial Circuit covers both Dallas County (Selma) and Wilcox County, among others. Hence, a small number of judges preside over cases in both courthouses. By contrast, a populous county like Montgomery (15th Circuit) or Jefferson (10th Circuit) has multiple resident circuit judges due to heavier caseloads. Regardless of size, all circuit courts follow the Alabama Rules of Civil Procedure and Criminal Procedure, ensuring consistency in how cases are handled statewide.

In their role, circuit courts are the primary trial courts, ensuring litigants receive a full and fair hearing in serious matters. They conduct jury trials in both criminal and civil cases (or bench trials if parties waive a jury), uphold due process, and maintain the official record of proceedings, which can be reviewed on appeal. In criminal cases, the circuit judge handles everything from arraignments and pre-trial motions to trials and sentencing for felonies. In civil cases, the circuit court oversees motions, discovery disputes, trials, and post-trial relief. Circuit courts in Alabama also have appellate jurisdiction over lower court cases. Suppose a party is unhappy with a judgment from a district court (for example, a misdemeanor conviction or a small civil judgment) or a municipal court (e.g., a city ordinance violation). In that case, they typically can appeal to the circuit court for a trial de novo (a completely new trial). The circuit court essentially gives litigants a "second chance" at a full jury trial after coming from the lower courts, a unique feature of Alabama's system. This appellate role reinforces the circuit courts' position as a guarantor of justice – they correct errors from lower courts and ensure that essential issues are fully heard. (Certain cases, like administrative appeals or some limited matters, may go directly to the Alabama Court of Appeals, but most local appeals funnel through circuit court first. Finally, after the circuit court stage, a case can move upward in the system. Decisions of circuit courts can be reviewed by the state appellate courts – the Alabama Court of Civil Appeals or Court of Criminal Appeals, and ultimately the Alabama Supreme Court, depending on the nature of the case. Thus, circuit courts form the backbone of the judicial process: they are where trials happen, records are made, and justice is delivered, subject to oversight by appellate judges. Without the circuit courts functioning effectively, the whole system would fail to provide the trial-level justice that citizens in Selma, Wilcox County, Pike Road, and throughout Alabama rely on.

Navigating the Circuit Court: Guidance for Individuals

For individuals facing a legal issue in an Alabama circuit court – whether you're a defendant in a criminal case or a plaintiff/defendant in a civil lawsuit – the process can feel daunting. Circuit court proceedings are more formal and complex than those in municipal, small claims, or district courts. Here are some practical guidelines to help navigate the experience:

Secure Experienced Legal Representation: Because of what's at stake and the complexity of circuit court procedure, it's highly advisable to engage a qualified circuit court attorney in Alabama early. An experienced lawyer can guide you through formalities, file the proper motions, and advocate effectively at trial. For example, Elliott Lipinsky – with his background as both a prosecutor and a defense lawyer – emphasizes that having counsel who knows the local circuit court's nuances (from Selma to Montgomery) can significantly affect the outcome of a case.

Understand the Formal Procedures and Timeline: Circuit court cases often involve multiple stages – pre-trial hearings, discovery, motions, possibly a jury trial, and sometimes post-trial motions. Be prepared for a process that can span many months for civil cases (as evidence is gathered and exchanged) or several court dates for criminal cases (such as arraignment, status conferences, and trial). Missing a deadline or court appearance can severely damage your case. Your attorney will help manage these procedural steps. Still, if you are representing yourself, you must familiarize yourself with the Alabama Rules of Court and local rules. Always arrive on time for hearings and dress and behave respectfully; the formality of circuit court is part of the process.

Know Your Rights (and Obligations): In circuit court, defendants have the right to a jury trial in criminal cases and in many civil cases as well. Understand whether a jury will hear your case or if it will be a bench trial. If you've appealed a lower court case to circuit court, remember that it will be a brand-new trial – you can present new evidence, and the previous judgment is not considered. On the flip side, be aware of obligations like discovery (in civil cases, you may be required to produce documents, answer interrogatories, or give a deposition under oath). Complying with court orders and deadlines is crucial; failure to do so can result in sanctions or a default judgment.

Utilize Court Resources (Clerk's Office and Self-Help Materials): Each county circuit court has a Circuit Clerk's Office that manages filings, court dates, and records. The clerk's staff can provide information about schedules, explain how to file documents, and direct you to forms. However, remember that clerks cannot give legal advice on how to argue your case. If you are navigating without an attorney (pro se), take advantage of self-help resources, such as the Alabama Access to Justice Commission's guides for self-represented litigants. These resources explain court processes and what to expect in court, helping demystify the experience. Still, for something as crucial as a circuit court case, self-representation carries significant risks; proceed with caution and educate yourself thoroughly.

Stay Organized and Proactive: Circuit court litigation can generate substantial paperwork and requirements. Keep copies of all documents related to your case (complaints, motions, orders, evidence, etc.), and maintain a calendar of all deadlines and court dates. Being proactive also means discussing strategy and potential outcomes with your attorney—for example, whether to seek a plea agreement in a criminal case or whether mediation makes sense in a civil case. Alabama's circuit courts sometimes encourage alternative dispute resolution (like mediation in civil disputes) to help settle cases efficiently. Understanding your options at each stage will help you make informed decisions rather than just reacting to events.

By following these guidelines and seeking professional help when needed, individuals can better navigate the circuit court process. The key takeaway is that circuit court is formal and consequential – the outcomes here can involve large sums of money or one's liberty – so it's worth the effort to approach it diligently and with expert help.

Elliott Owen Lipinsky: Experience in Alabama's Circuit Courts

Elliott Owen Lipinsky's professional journey is a testament to deep experience with Alabama's circuit courts, both in criminal and civil arenas. Residing in Pike Road, Alabama, and based out of Selma, Lipinsky has been serving clients across West and Central Alabama since 2013. He began his career on the front lines of criminal justice as an Assistant District Attorney in Dallas County, prosecuting felony cases in the Selma circuit courts (2013–2015). He also served as a City Prosecutor in Selma and later as a Deputy District Attorney in Wilcox County – roles that had him handling everything from violent felonies to property crimes in circuit court. This background gave him an insider's understanding of how prosecutors build cases and how the system operates from the government's side.

Transitioning to private practice, Elliott Lipinsky has leveraged that experience to become a dedicated criminal and civil attorney in Alabama, focusing on serious matters that land in circuit court. His law offices in Selma, Alabama (with a presence in Montgomery) routinely take on criminal defense cases – including representing individuals charged with felonies in the circuit courts of Dallas County, Montgomery County, Wilcox County, and beyond. On the civil side, he and his firm handle personal injury and other complex civil litigation, often seeking justice and compensation through the circuit courts (for example, representing injury victims in lawsuits well above the $10,000 threshold for circuit court jurisdiction). Lipinsky's nearly decade of practice in these courts means he is intimately familiar with the local courthouse procedures in places like Selma and Camden (Wilcox County's seat), as well as the expectations of circuit judges and juries in Alabama.

Crucially, Elliott Lipinsky's dual perspective – having worked both as a prosecutor and as a defense attorney – equips him to anticipate the strategies of the opposing side and to navigate the nuances of circuit court practice. He has stood before circuit court judges on both sides of the courtroom, argued motions, conducted jury trials, and negotiated settlements or pleas, all of which inform his authoritative yet empathetic approach to client representation. Clients in Selma, Wilcox County, Pike Road, and elsewhere in Alabama who seek out Lipinsky's services can trust that they are engaging an attorney who not only knows the law but also knows the people and processes that define Alabama's circuit courts.

In summary, Alabama's circuit courts are where the most critical local legal battles are fought – from life-altering criminal trials to high-value civil disputes. Understanding how these courts function is crucial for anyone involved in a case, and having knowledgeable counsel can make all the difference. With its broad civil and criminal jurisdiction, structured processes, and vital role in the judicial system, the circuit court is both a venue of opportunity and a challenge to navigate. Armed with the information in this primer and guided by experienced legal professionals like Elliott Lipinsky (who has spent his career in these very courts), individuals can approach Alabama's circuit courts with greater confidence and clarity, knowing what to expect and how best to pursue justice under the court's authority.