In re: Steve Williams v. Calhoun County Commission and Kim McCarson

── In re: Steve Williams v. Calhoun County Commission and Kim McCarson ── Court: Supreme Court of Alabama Date: April 24, 2026 Author: Chris McCool Category: General Rel: April 24, 2026 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2025-2026 _________________________ SC-2025-0600 _________________________ Ex parte Kim McCarson PETITION FOR WRIT OF MANDAMUS (In re: Steve Williams v. Calhoun County Commission and Kim McCarson) (Calhoun Circuit Court: CV-24-900325) McCOOL, Justice. SC-2025-0600 Kim McCarson, the circuit clerk of Calhoun County, has petitioned this Court for a writ of mandamus, asking us to direct the Calhoun Circuit Court to dismiss the complaint filed against her by Steve Williams.1 For the reasons set forth herein, we grant the petition and issue the writ. Facts and Procedural History Williams is a licensed bail bondsman and the owner of Steve Williams Bail Bonding. According to his complaint, in his role as a bail bondsman, Williams "act[s] as a surety for … defendants" who are "criminally charged in Calhoun County" but are free on bond, which requires him to monitor those defendants to ensure that they comply with all laws and appear at all mandatory court proceedings. In the event a defendant fails to comply with those requirements or otherwise "breaches the surety agreement," Williams "must obtain a bondsman's process" from the Calhoun County circuit clerk, which authorizes him "to arrest the defendant and remand custody back to the appropriate law enforcement agency." 1Judge Alaric May, a circuit judge in Jefferson County, is currently presiding over the proceedings in this case. 2 SC-2025-0600 In June 2024, Williams filed a complaint against McCarson in her individual capacity.2 According to the complaint, "[Williams] has requested, and tendered payment, for a great deal of bondsman's process(es) from the Calhoun County Court Clerk … during his tenure as a bail bondsman and owner of Steve Williams Bail Bonding. "When requesting a bondsman's process, but prior to receiving documentation from the Court Clerk necessary to effectuate an arrest of a defendant in which [Williams] acts as surety, the Calhoun County Court Clerk … required payment from [Williams] in the amount of Ten Dollars ($10.00). "The Calhoun County Court Clerk …, in requiring payment from [Williams] relative to bondsman's process, is in direct violation of § 15-13-127[, Ala. Code 1975], … which states in pertinent part: 'There shall be no charge to the sureties for the issuance of a bondsman's process.' (Emphasis added.)" Relying on those allegations, Williams asserted claims of negligence and wantonness and sought damages for "financial loss" and "mental anguish and emotional distress." McCarson filed a motion to dismiss the complaint, arguing that she was entitled to "the absolute judicial immunity that's provided in § 12- 17-5[, Ala. Code 1975,] because she was performing her duties associated 2Williams also named the Calhoun County Commission as a defendant, but he later agreed to dismiss the Commission from the case. 3 SC-2025-0600 with a bondsman's process." Williams argued in response that McCarson was not entitled to judicial immunity for purely mini