One year after Baldwin County judges and commissioners told lawmakers their top priority for the 2025 legislative session was more courtroom space, Alabama legislators have delivered a fix — though not without last-minute drama.

Armed with that clear message, and a cost-effective solution, lawmakers passed a bill through the Alabama House with ease in February. But tensions over a separate school funding issue and a chaotic, filibuster-heavy final day in the Senate nearly derailed the effort.

“I hate that it made it to the last day,” said Rep. Matt Simpson, R-Daphne, sponsor of HB78, which provided a solution for give judges more flexibility to use satellite courses in Foley and Fairhope. “But I’m happy it’s made its way through.”

The measure was officially signed into law by Alabama Gov. Kay Ivey on Wednesday.

Under H78, circuit and district judges within the 28th Judicial Circuit in Baldwin County, can conduct jury and bench trials in Foley and Fairhope year-round.

The legislation removed the 178-day cap in which either of the two satellite courthouses could be used by the judges, a restriction that has grown problematic in a fast-growing county where a crowded Bay Minette courthouse could have led to scheduling snafus later this summer.

“Removing the 175-day restriction on circuit court cases conducted in Foley and Fairhope will go a long way in convenience for the citizens,” Baldwin County Commission Chairman Matt McKenzie said.

The legislation, McKenzie also said, adds greater flexibility for court system that recently added two new circuit judges earlier this year – Karol Kemp and Michael Hoyt, who both started their terms in January – and will be added a district judge in January 2027.

“Granting the court system flexibility as to the type of proceedings in those locations will assist in dealing with the challenges of adding two new circuit judge positions and a new district judge position with the utilization of facilities,” McKenzie said.

Circuit Judge Scott Taylor said he was concerned about the judges running out of days by August to conduct court hearings at the Foley or Fairhope branches. He said under that scenario, it would have forced district judges out of the Bay Minette courthouse while bench trials would have been needed to take place in Bay Minette.

“It’s not only a big advantage for scheduling purposes, but it will ultimately make it where the sheriff doesn’t have to transport prisoners from Bay Minette to the satellite courthouses, and it will allow circuit judges more flexibility in setting bench trail,” Taylor said.

The legislation also gives the presiding judge of the 28th Judicial Circuit authority to issue an order authorizing civil or criminal jury proceedings at any of the branch courthouses within the circuit.

Once the presiding judge issues the order, HB78 states that a civil or criminal jury can take place in a branch courthouse if it’s OK with the circuit clerk and judge presiding over the case.

For criminal jury trials, the sheriff and district attorney must also grant approval, according to the legislation.

Simpson said the legislation removes what he said was a “handcuff” of the 175-day limit for court proceedings at either the Fairhope or Foley courthouses. The two courthouses are located in two of the fastest growing cities in Alabama.

Simpson said he believes that HB78 was the only local bill to pass through during late portion of the session, surviving a political dispute that locked up other pieces of local legislation like annexations.

The dispute focused on the fate of a sales tax dispute that loomed over the legislative delegation throughout the spring.

The school funding dispute revolved around a 1983 law that dedicated almost 40 percent of a 1 percentage point sales tax rate to the Baldwin County School System. At the time, the county school district was the only public school system within the county. But in recent years, Gulf Shores and Orange Beach have split away to form their own city schools, and local officials in each city now want their schools to receive a portion of the tax revenues.

The sales tax dispute was not resolved during the legislative session. But there was enough time to squeeze through the legislation to support the crowded court system.

Taylor said the growth of Baldwin County made the legislation a necessity.

“With the growth of Baldwin County, I would expect we are probably within a few years of being at a point where we have to add more judges again or look at retired judges coming in more and more to help,” he said. “It’s simply because of the growth of the population. Using the satellites allows us a place to be close to the general population centers.”

He added, “With the growth in this county, and the new judges who have come in, we needed the flexibility.”