A circuit judge weighing a contempt order against Alabama's prison commissioner put the pressure on the Legislature on Wednesday to alleviate longstanding prison overcrowding and eliminate inmate backlogs in county jails. The judge did not immediately set a date for a ruling, but his discussion with attorneys indicated that he may wait until after the legislative session, which begins next week and continues through most of April.

A 2003 court order requires that state inmates be transferred from county jails to penitentiaries within 30 days. However, there are currently 794 state inmates who have been in county jails longer than the grace period, leaving counties and sheriff's departments to carry the brunt of the costs, said Ken Webb, an attorney representing counties and their law enforcement in a class-action lawsuit filed in 1992.

Webb argued Wednesday that Commissioner Donal Campbell should be held in contempt for violating the order. Neither side disputed that there is a backlog at the jails, but Campbell's attorneys claimed that he can not be held in contempt if he does not have enough funding to fix the problem.