Ala. Code § 12-17-226.10 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.10
Section 12-17-226.10 Written Agreement; Other Terms and Conditions
Status: in_force

(a) In any case in which an offender is admitted into a pretrial diversion program established under this division, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, as practicable as possible, the costs of the program to the offender, and the period of time after which the district attorney must dispose of the charges against the offender. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge or charges and receives a specific sentence, an agreement concerning when the plea of guilt will occur, to what charges to which the offender will plead guilty, and any sentence to be imposed shall be approved by and submitted to an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior to admission of the offender in the pretrial diversion program.

(b) As a condition of being admitted to the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions:

(1) Pay restitution.

(2) Participate in an education setting to include, but not limited to, K-12, college, job training school, trade school, GED classes, adult basic education courses, or any other workforce development program approved by the district attorney.

(3) If appropriate, attempt to learn to read and write.

(4) Financially support his or her children or pay child support.

(5) Refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used.

(6) Refrain from contact with certain persons or premises.

(7) Maintain or seek employment.

(8) Attend individual, group, or family counseling.

(9) Pay court costs, fees, and fines.

(10) Be required to conduct himself or herself in an honorable manner as a good member of the community, and not endanger in any way the person, property rights, dignity, or morals of others or himself or herself.

(11) Be required to comply with all municipal, county, state, and federal law, ordinances, or orders.

(12) Be required to be absolutely truthful in any oral or written application or reports to the pretrial diversion program.

(13) Be required to pay supervision fees to the agency or entity responsible for monitoring and verifying the offender’s compliance with the terms of the pretrial diversion program set forth by the district attorney. These fees shall be paid by the offender or the district attorney to the supervising agency or entity in a timely manner, pursuant to the agreement.

(14) Observe curfews, home detention, electronic monitoring, or travel constraints as set out in the offender’s agreement.

(15) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support withheld, accounts or assets forfeited, or wages or salary of the offender garnished.

(16) Complete approved community service.

(17) Agree to the terms and conditions of the pretrial diversion program established by the district attorney.

(18) Provide a statement admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program.

(19) Refrain from the possession of or use of any firearm.

(20) Pay the application fee pursuant to this division.

(21) Participate in and complete a certified drug court program, approved by the Administrative Office of Courts.

(22) Complete a certified drug or alcohol addiction evaluation and treatment program, which may also include services pursuant to Section 22-50-17.

(23) Complete a certified mental health evaluation and treatment program.

(24) Abide by all conditions imposed for treatment by the United States Department of Veterans’ Affairs and provide certified proof of completion to the district attorney.

(25) Not to leave the State of Alabama without prior written consent of the district attorney or supervising agency or personnel and to execute a waiver of extradition from any other jurisdiction outside the State of Alabama, to exist only during the term of the pretrial diversion program.

(26) For, but not limited to, offenses involving a violation of any provision of Section 32-5A-191, be required to operate only a motor vehicle installed with an approved ignition interlock device for the duration of his or her time in the program.

(27) Agree to be subject to any other terms or conditions as required by the district attorney set out in the pretrial diversion agreement. The district attorney shall be given broad discretion in designing a program specifically for each offender and circumstances of the offender.

(c) Regardless of the ultimate disposition of the criminal charge, upon an offender’s completion of the program, the district attorney shall notify the court that the offender has completed his or her obligations under the program. At that time, the court shall order the offender to pay any and all remaining unpaid restitution, court costs, fines, fees, or other monies that the offender is statutorily obligated to pay that would have been assessed or owed upon a conviction or adjudication for the underlying criminal offense. These shall include, but are not limited to, supervision or driver’s license reinstatement fees or any statutory fees or assessments to the Alabama Department of Forensic Sciences.

(d) The offender shall further agree to the court’s jurisdiction beyond the term of pretrial diversion, incarceration, probation, parole, or end of sentence for the purposes of the collection of court-ordered or agreed upon fines, fees, court costs, and restitution pursuant to Section 12-17-225, et seq.
Ala. Code § 12-16-202 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-202
Section 12-16-202 Charging of Grand Jury
Status: in_force

(a) The judges of the several courts in this state in which grand juries are organized and empaneled shall give a special charge to the grand jury relative to the criminal laws of this state against the following offenses: laws regulating the ownership, registration and carrying of weapons, violations of election laws, the manufacturing or selling of intoxicating liquors in violation of law, violating the game and fish laws or violating the law prohibiting corporations from contributing to campaign funds.

(b) It shall likewise be the duty of the judges to charge the grand jury as to all other matters which may be required by law and to instruct the grand juries that it is their duty to indict for the above named offenses, if, in the opinion of the grand jury, the evidence justifies the indictment.
Ala. Code § 12-17-69 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-69
Section 12-17-69 Primary Duty to Serve Districts for Which Elected
Status: in_force

Judges shall have a primary duty to serve the district to which they are elected.
Ala. Code § 12-3-33 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-33
Section 12-3-33 Applicability of Provisions of Section 12-2-9
Status: in_force

Within the limitations or jurisdiction conferred on the courts of appeals by this chapter, the provisions of Section 12-2-9 are made applicable to said courts of appeals.
Ala. Code § 12-18-61 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-61
Section 12-18-61 Call to Active Duty of Retired District Judges; Requirements for Retired Judges on Active Duty; Removal from Active Duty
Status: in_force

(a) Any district judge who has retired pursuant to this article or Article 7, on the request of the presiding circuit judge of the applicable judicial circuit and with the approval of the Chief Justice, may be called to interim active duty status in any circuit or district court, upon consent of the retired judge.

(b)(1) A retired district judge who is called to interim active duty status, in addition to his or her retirement benefits, shall receive additional compensation during the term of service in an amount of seven hundred eighty dollars ($780) per day, subject to state funding , including funds within the discretion of the presiding circuit judge of the judicial circuit . A judge may only be called to interim active duty status for a maximum of 50 days in a calendar year.

(2) A retired judge who is called to active duty status pursuant to this section shall receive the same per diem expenses and mileage as state employees paid from funds appropriated to the Unified Judicial System. Additionally, he or she shall be assigned any court and court-supportive personnel necessary to perform his or her duties.

(3) A retired judge who is called to active duty status pursuant to this section shall complete a minimum of six hours of approved continuing legal education annually.

(4) A retired judge who is called to active duty status pursuant to this section shall not be a public official under Chapter 25 of Title 36 by virtue of his or her service under this section.

(c) The Chief Justice and the presiding circuit judge of the applicable judicial circuit shall determine whether a retired judge is satisfactorily performing the assigned duties. Upon determination that the retired judge is not satisfactorily performing the duties, the retired judge shall immediately be removed from interim active duty status, and the additional interim active duty status compensation shall cease.

(d) Except as provided in subdivision (b) (1) or subsection (c), a retired judge shall hold office as an additional or extra judge during good behavior and may only be removed for causes specified in the constitution. Any retired judges may be transferred to inactive status, upon request for the transfer. Judges who revert to inactive status shall be entitled to the same retirement benefits as prescribed pursuant to this chapter.

(e) The Administrative Office of Courts shall adopt policies and procedures for nominations to the Chief Justice and duties assigned to interim active duty status judges.
Ala. Code § 12-15-111 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-111
Section 12-15-111 Contributing to the Delinquency, Dependency, or Need of Supervision of Children
Status: in_force

(a) It shall be unlawful for any parent, legal guardian, legal custodian, or other person to do any of the following:

(1) To willfully aid, encourage, or cause any child to become or remain delinquent, dependent, or in need of supervision.

(2) To permit or encourage the employment of any child in violation of any of the provisions of the child labor law.

(3) To cause a child to fail to attend school as required by the compulsory school attendance law.

(b) Whenever, in the course of any proceedings pursuant to this chapter, or when, by affidavit as provided in this subsection, it shall appear to the juvenile court that a parent, legal guardian, legal custodian, or other person having custody, control, or supervision of a child or any other person not standing in any relation to the child has aided, encouraged, or caused the child to become delinquent, dependent, or in need of supervision, the juvenile court, for the protection of the child from these influences, shall have jurisdiction in these matters, as provided in this section. The juvenile court shall cause the parent, legal guardian, legal custodian, or other person to be brought before the juvenile court upon either summons or a warrant, affidavit of probable cause having first been made.

(c) Whoever violates any provision of this section shall be guilty of a Class A misdemeanor and shall be punished accordingly.

(d) Upon conviction, the juvenile court may suspend any sentence, remit any fine, or place the person on probation pursuant to such orders, directives, or conditions for his or her discipline and supervision as the juvenile court deems fit.
Ala. Code § 12-15-310 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-310
Section 12-15-310 Conduct of Adjudicatory Hearings
Status: in_force

(a) An adjudicatory hearing is a hearing at which evidence is presented for a juvenile court to determine if a child is dependent. At the commencement of the hearing, if the parties are not represented by counsel, they shall be informed of the specific allegations in the petition. The parties shall be permitted to admit or deny the allegations prior to the taking of testimony.

(b) If the allegations are denied by the parties or if they fail to respond, the juvenile court shall proceed to hear evidence on the petition. The juvenile court shall record its findings on whether the child is dependent. If the juvenile court finds that the allegations in the petition have not been proven by clear and convincing evidence, the juvenile court shall dismiss the petition.

(c) A statement made by a child under the age of 12 describing any act of child abuse committed against the child, if it is not otherwise admissible by statute or court rule, is admissible only in dependency cases brought by the State of Alabama acting by and through a local department of human resources if both of the following are true:

(1) The statement was made to a social worker, therapist, counselor, licensed psychologist, physician, or school or kindergarten teacher or instructor, or during a forensic interview.

(2) The juvenile court finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. In making its determination, the juvenile court may consider the physical and mental age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, and any other factor deemed appropriate.

(d) A statement may not be admitted pursuant to this section unless the proponent of the statement makes known to the adverse party the intention of the proponent to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to rebut the statement. This child hearsay exception applies to all hearings involving dependency including, but not limited to, the 72-hour hearing requirement, the adjudicatory hearing, and the dispositional hearing. The exception contained in this subsection shall not apply to a criminal proceeding or charge.
Ala. Code § 12-26-7 — Alabama Code / Title 12 / Chapter 26 / Section 12-26-7
Section 12-26-7 Petition Requirements; Service; Postsentence Report; Effect of Filing
Status: in_force

(a) A petition to obtain an order of limited relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following:

(1) That the petitioner is not subject to the limitations in Section 12-26-6 and is eligible to seek an order of limited relief.

(2) Whether the petitioner has previously applied for an order of limited relief in any jurisdiction and whether an order has been granted previously.

(3) A list specifying any convictions and collateral consequences to which the order should apply.

(b) Once a petition has been filed, the court shall review available presentence and other reports on the defendant and may order a postsentence report to be completed by the Board of Pardons and Paroles or by the Commissioner of the Department of Corrections. The postsentence report shall contain information required by the court, which may include, but not be limited to, any of the following:

(1) A statement of the offense or offenses and surrounding circumstances.

(2) A statement of the petitioner’s criminal and juvenile record.

(3) A record of previous applications for orders of limited relief.

(4) A statement of the petitioner’s medical and psychological history, if available.

(5) A statement of the petitioner’s history while under the custody of the Department of Corrections, if any.

(6) Any previous probation or sentencing reports prepared by the Board of Pardons and Paroles.

(c) Upon completion, the Board of Pardons and Paroles shall provide copies of the postsentence report to the court and to either the petitioner’s attorney or the petitioner, if not represented by an attorney.

(d) When a petitioner seeks relief from a conviction from a jurisdiction other than this state, the circuit court may require the petitioner to have additional documentation sent from that jurisdiction, including, but not limited to, any of the following:

(1) Any orders of limited relief, Certificates of Relief from Disabilities, Certificates of Rehabilitation, or similar documents issued by that jurisdiction.

(2) Any transcripts or other court records.

(3) Any sentencing reports, probation records, or similar documents.

(4) Any other available documentation necessary in considering the merits of the petition.

(e) Filing a petition for an order of limited relief shall constitute a waiver of privilege for any parole or probation records related to the offenses for which the petition is filed.

(f) Following a ruling by the court on the petition, any filed parole or probation records or other material that is otherwise subject to privilege shall be considered confidential.

(g) An individual required to register as a sex offender pursuant to Chapter 20A of Title 15 or convicted of a violent offense as defined in Section 12-25-32 is ineligible to obtain an order of limited relief.
Ala. Code § 12-16-190 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-190
Section 12-16-190 Empaneling of Grand Juries Generally; Recessing and Reassembling of Grand Juries
Status: in_force

(a) There shall be empaneled in every county having less than 50,000 population not less than two grand juries in every year; and, when they have completed their labors, in its discretion, the court may permit them to take a recess subject to the call of the judge of the circuit court or Chief Justice of the Supreme Court, and they may be reassembled at any place where the circuit court of the county is to be held.

(b) In all counties having over 50,000 population, there shall be empaneled not less than four grand juries in every year.
Ala. Code § 12-17-225.6 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-225.6
Section 12-17-225.6 Costs, Bail Bond Forfeitures, Restitution, and Other Court-Ordered Charges Considered Civil Judgement
Status: in_force

In addition to the provisions of this division, all court costs, fines, victim compensation assessments, bail bond forfeitures, and restitution, and other court-ordered charges, including the collection fee of a court of competent jurisdiction in this state, shall be considered civil judgements which can be recorded and enforced in the manner provided by law.
Ala. Code § 12-19-182 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-182
Section 12-19-182 Solicitor’s Fee
Status: reserved

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in this state, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly as follows: Three dollars ($3) from each case to the circuit clerk of the county where collected to be used as provided by law for the operation of the office of the circuit clerk and the remainder of each fee to the solicitor’s fund or district attorney’s fund in the county where collected or to the fund in the county that may be hereafter prescribed by law for the solicitor’s fee. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund.

(b) The solicitor’s fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor’s fee shall be in addition to and not in lieu of any other fees or costs. The solicitor’s fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonable foreseeable future.

(c) The solicitor’s fee may be expended by the district attorney in the county where it is collected for the payment of any and all expenses incurred and for any legitimate law enforcement purpose.

(d) The Legislature may continue to adopt future local laws or repeal existing local laws establishing a solicitor’s fee in criminal cases. This section shall not supersede existing local legislation on July 1, 2010, or enacted after July 1, 2010, in any county providing for a solicitor’s fee in criminal cases, and any county having local legislation establishing a solicitor’s fee shall collect the fee according to the local act until the local act is expressly repealed. Upon repeal of a local act establishing a solicitor’s fee, the county shall collect the fee pursuant to this section or pursuant to a local act enacted after July 1, 2010.
Ala. Code § 12-10A-5 — Alabama Code / Title 12 / Chapter 10A / Section 12-10A-5
Section 12-10A-5 Increase in Fees
Status: in_force

The increase in fees authorized by this chapter shall not affect an increase in the fees authorized in Section 12-17-224, or any existing cost, fee, fine, or assessment except those specifically set out in this chapter.
Ala. Code § 12-3-31 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-31
Section 12-3-31 Payment of Cost of Preserving Records; Furnishing of Record Books, Stationery, Furniture, Etc
Status: in_force

(a) The cost of preserving records according to the provisions of this chapter shall be paid out of the treasury as accounts for printing and binding of the state are paid.

(b) The record books, blanks and stationery and furniture necessary to the courts shall be furnished in like manner as they are furnished to the other public officers in the capitol.
Ala. Code § 12-25-30 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-30
Section 12-25-30 Short Title
Status: in_force

This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003.
Ala. Code § 12-22-200 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-200
Section 12-22-200 Rules and Regulations
Status: in_force

The Supreme Court of the State of Alabama, with the advice and consultation with the Court of Criminal Appeals of Alabama, is authorized to adopt all needful rules and regulations designed to accomplish the purposes set forth in this division; such rules and regulations duly adopted shall have the force and effect of law. The circuit courts and other courts of the state having jurisdiction over proceedings under this division shall have authority to adopt all needful rules and regulations not in conflict with the rules of the Supreme Court designed to accomplish the purposes set forth in this division.
Ala. Code § 12-25-8 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-8
Section 12-25-8 Powers
Status: in_force

The commission shall have the power to perform the functions as necessary to carry out the purposes of this article and may delegate power to any member or designated person. The commission may do all of the following:

(1) Submit appropriation requests to the Legislature.

(2) Serve as an agency to apply for and receive grants, donations, or other monies from public or private sources and to coordinate and conduct studies in connection with any of its purposes and functions.

(3) Enter into and perform contracts, leases, cooperative agreements, and other transactions as may be necessary to fulfill the responsibilities of the commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization.

(4) Accept voluntary and uncompensated services.

(5) Request information, data, and reports from any Alabama agency or judicial officer as the commission may from time to time require and as may be produced consistent with other law.

(6) Hold hearings, conduct fact finding tours, and call witnesses to assist the commission in fulfilling its responsibilities.

(7) Perform other functions as may be necessary to carry out this article.
Ala. Code § 12-9A-3 — Alabama Code / Title 12 / Chapter 9A / Section 12-9A-3
Section 12-9A-3 Jurisdiction, Power, Rights, Etc., of Reallocated Judge
Status: in_force

A district or circuit judge appointed to a reallocated judgeship pursuant to this chapter shall have and exercise all jurisdiction, power, rights, and authority and shall possess all of the qualifications, perform all of the duties, and shall be subject to all of the responsibilities and duties of the office to which other district or circuit judges are subject.
Ala. Code § 12-16-11 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-11
Section 12-16-11 Charge of Court to Jury Generally
Status: in_force

The court may state to the jury the law of the case and may also state the evidence when the same is disputed, but shall not charge upon the effect of the testimony, unless required to do so by one of the parties.
Ala. Code § 12-21-41 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-41
Section 12-21-41 Evidence of Title to Lands
Status: in_force

Copies of the field notes of the original government surveys of lands or other evidences of title to lands furnished by the Secretary of State or by the United States, or any department thereof, to the probate judge, when certified by such judge, are admissible in evidence.
Ala. Code § 12-18-165 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-165
Section 12-18-165 Compliance with Qualification Standards
Status: in_force

The Board of Control is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the plan as may be necessary to ensure the plan’s compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
Ala. Code § 12-5-2 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-2
Section 12-5-2 Service by Administrative Office of Courts as Agency for Application for and Receipt of Grants, Etc., and Coordination of Studies, Etc., as to Improvement of Administration of Justice; Appointment, Compensation, Etc., of Officers, Employees, Etc., of Administrative Office of Courts Generally; Powers of Chief Justice as to Use of Officers, Employees, Moneys, Etc., of Administrative Office of Courts
Status: in_force

(a) The Administrative Office of Courts may serve as an agency to apply for and receive grants or other assistance and to coordinate or conduct studies and projects in connection with the improvement of the administration of justice.

(b) All officials, officers and employees of the Administrative Office of Courts, including the Administrative Director of Courts, shall be appointed, employed, serve and receive compensation in accordance with the provisions of Section 12-2-30, whether employed by grant funds or otherwise.

(c) The Chief Justice shall have the same authority pertaining to the use of officials, officers, employees and moneys of the Administrative Office of Courts and shall have the same authority of direction as he has with and to other governmental judicial entities or courts as is set forth in Section 12-2-30.
Ala. Code § 12-14-91 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-91
Section 12-14-91 Admittance into Program; Completion of Program; Eligibility; Liability Under Program
Status: in_force

(a) A person charged with a criminal offense under the jurisdiction of the municipal court in a municipality that has established a pretrial diversion program may apply to the court for admittance to the program.

(b) Upon receipt of the application and recommendation of the municipal prosecutor, the judge shall determine whether to grant the individual admittance to the program.

(c) Upon admittance to the program, the individual shall be required to enter a plea of guilty at which time the case shall be placed in an administrative docket until such time as the offender has completed all requirements of the pretrial diversion program. Imposition of any sentence shall be deferred until such time as the offender completes the pretrial diversion program or is terminated from the program.

(d) In the event the offender does not satisfactorily complete the program and all terms thereof, the court shall impose an appropriate sentence in the same manner as with any guilty plea.

(e) Upon successful completion of the program and all terms thereof, the court shall dismiss the case pursuant to the rules established by the municipality.

(f) A holder of a commercial driver’s license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a pretrial diversion program pursuant to this article.

(g) Absent wantonness, gross negligence, or intentional misconduct, the municipality, or its officers or employees, shall have no liability, criminal or civil, for the conduct of any offender while participating in a pretrial diversion program established under this article or of any service provider or its agents that are contracted to or who have agreed to provide services to the pretrial diversion program.

(h) The municipality, or its officers or employees, shall have no liability, criminal or civil, for any injury or harm to the offender while the offender is a participant in any pretrial diversion program administered pursuant to this article The municipal prosecutor may require written agreed upon waivers of liability as a prerequisite for admittance into the pretrial diversion program.
Ala. Code § 12-3-17 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-17
Section 12-3-17 Decision of Cases in Event of Absence or Disqualification of Judge or Judges
Status: in_force

In the absence of a judge of either of the courts of appeals or in case of the disqualification of a judge, a majority can hold court and decide cases and announce the result when concurred in by them. In the event the remaining judges are equally divided as to the decision, or the court is reduced to less than a majority, the fact must be certified to the Chief Justice of the Supreme Court, and he shall appoint a justice or justices of that court to sit with the divided members to consider and decide said case, or, if the entire court is disqualified, the appointed justice shall consider and decide the case.
Ala. Code § 12-15-308 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-308
Section 12-15-308 Filing of Petition and Conduct of 72-Hour Hearing as to Necessity for Continuation of Shelter Care of a Child
Status: in_force

(a) When a child alleged to be dependent has been removed from the custody of the parent, legal guardian, or legal custodian and has not been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays, and holidays included, to determine whether continued shelter care is required.

(b) Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time, place, and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian, or legal custodian if he or she can be found.

(c) At the commencement of the 72-hour hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian of the right to counsel and shall appoint counsel if the juvenile court determines he or she is indigent. If the juvenile court already has not done so, it shall appoint a guardian ad litem for a child who is a party to the proceeding. It is the responsibility of the guardian ad litem to present evidence supporting the best interests of the child. The parent, legal guardian, or legal custodian shall also be informed of the contents of the petition and, except as provided herein, shall be given an opportunity to admit or deny the allegations of the petition.

(d) All relevant and material evidence helpful in determining the need for shelter care may be admitted by the juvenile court, even though not admissible in subsequent hearings.

(e) If the child is not released and no parent, legal guardian, or other legal custodian has been notified and none appeared or waived appearance at the hearing, upon the filing of an affidavit by the parent, legal guardian, or legal custodian stating these facts and requesting a hearing, the juvenile court shall hear the matter within 24 hours.

(f) If the child is not released, the juvenile court, at the earliest opportunity in the case, including the 72-hour hearing requirement or the adjudicatory hearing, may order the parent, legal guardian, or legal custodian to provide a list of names and, if possible, addresses and telephone numbers, of known paternal and maternal relatives to the juvenile court.
Ala. Code § 12-17-226.2 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.2
Section 12-17-226.2 Applicants for Admittance
Status: in_force

(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit court or district court in a circuit in which a pretrial diversion program has been created pursuant to this division may apply to the district attorney of the circuit for admittance to the program.

(b) A person charged with any of the following offenses may apply for the pretrial diversion program:

(1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211, trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing controlled substances in the first degree as provided in Section 13A-12-218, or trafficking in an analog controlled substance.

(2) A property offense.

(3) An offense that does not involve serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible compulsion or incapacity of a victim.

(4) A misdemeanor or violation, except the district attorney may determine that a person charged with a misdemeanor offense or violation is ineligible to apply for the program if it is in the best interest of the victim, the offender, the community, or justice.

(5) A traffic or conservation offense, except that a holder of a commercial driver’s license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23.

(c) The following offenses are ineligible for consideration for the pretrial diversion program:

(1) Any Class A felony or capital offense.

(2) Any offense involving serious physical injury to a person.

(3) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States military, or a person over the age of 65.

(4) Any offense involving death.

(5) A person deemed by the district attorney to be a threat to the safety or well-being of the community.

(6) Bribery of a government or public official.

(7) Any offense wherein the offender is a public official and the charge is related to his or her capacity as a public official.

(8) Abduction or kidnapping.

(9) Any sex offense involving forcible compulsion or incapacity.

(10) A violation of Section 13A-12-191, et seq., or Section 13A-6-111, et seq.

(11) Any violation of Section 13A-10-120, et seq.

(12) Perjury in any degree, as defined in Section 13A-10-100, et seq.

(13) Any crime motivated by a victim’s race, color, religion, national origin, ethnicity, or physical or mental disability, as defined in Section 13A-5-13.

(d) As new offenses are created by the Legislature or new criminal acts trend, the Office of Prosecution Services may promulgate rules to include additional disqualifying offenses or eligibility to participate in any pretrial diversion program operating under this division.
Ala. Code § 12-1-5 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-5
Section 12-1-5 Procedure When Bill to Increase or Decrease Number of Judges or Change Boundaries of Circuit or District Introduced in Legislature
Status: in_force

Pursuant to the constitutional requirement that the Supreme Court must, within three weeks after a bill is introduced at any session of the Legislature to increase or decrease the number of circuit or district judges or to change the boundaries of any judicial circuit or district, report to the Legislature its recommendations on the proposed change, the Clerk of the House of Representatives and the Secretary of the State Senate shall file with the Clerk of the Supreme Court immediately a certified copy of any such bill. The recommendations of the Supreme Court shall be filed with the Clerk of the House of Representatives and the Secretary of the State Senate within three weeks from the date of the delivery of such bill to the Clerk of the Supreme Court.
Ala. Code § 12-16-232 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-232
Section 12-16-232 Consent by Parties to Discharge of Member of Jury and to Rendition of Verdict by Remaining Jurors
Status: in_force

(a) At any stage of a trial then pending, whether the jury has retired or not, the parties may unanimously consent in open court, with legal effectiveness, to the discharge from further duty of any member of the jury trying the case and to a continuation of the trial and the rendition of a verdict by the remaining jurors. A verdict returned by the remaining jurors shall be as valid and as legally effective as if it had been returned by the full jury.

(b) Prior to the commencement of a trial, the parties may unanimously stipulate in open court, with legal effectiveness, that in the event it becomes necessary during the pendency of the trial, whether the jury has retired or not, for the court to discharge from further duty any member of the jury trying the case because of the juror’s sickness or other good cause, the trial shall continue with and a verdict be rendered by the remaining jurors. A verdict returned by the remaining jurors shall be as valid and as legally effective as if it had been returned by the full jury.

(c) The provisions of this section shall apply to any and every kind of action except prosecutions for capital felonies.

(d) This section shall be cumulative and alternative to the provisions of Sections 12-16-230 and 12-16-231.
Ala. Code § 12-12-50 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-50
Section 12-12-50 Definitions
Status: in_force

As used in this article, the following terms have the following meanings:

(1) BOATING VIOLATION. As defined in Section 33-5-3.

(2) TRAFFIC INFRACTION. Any violation of a statute, ordinance, or rule relating to the operation or use of motor or other vehicles or the use of streets and highways by pedestrians.
Ala. Code § 12-12-31 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-31
Section 12-12-31 Small Claims Actions; Attorney Representation; When; Attorney Fees; Prosecution of Assigned Claims; License Required
Status: in_force

(a) The district court shall exercise exclusive jurisdiction over all civil actions in which the matter in controversy, exclusive of interest and costs, does not exceed six thousand dollars ($6,000). These actions shall be placed on a small claims docket by each district court and shall be processed according to uniform rules of simplified civil procedure as may be promulgated by the Supreme Court.

(b) A party, including an individual, partnership, or corporation, may appear in cases on the small claims docket of district court with or without representation by an attorney. If a partnership appears without representation by an attorney, the person representing the partnership shall be a partner or employee of the partnership and if a corporation appears without representation by an attorney, the person representing the corporation shall be an officer or full-time employee of the corporation.

(c) No party shall seek or recover any judgment in a case on the small claims docket which includes an award of attorney fees unless the party is represented by a licensed attorney.

(d) No action shall be filed or prosecuted on the small claims docket by an assignee of the claim which is the subject matter of the action without being represented by a licensed attorney; nor shall any person, firm or corporation, excluding licensed attorneys, file or prosecute such an action on behalf of the original owner of the claim.

(e) No action may be filed or prosecuted on the small claims docket by any individual whose license to practice law, at the time of filing or prosecution, has been revoked, suspended, or otherwise impaired for disciplinary reasons by the Alabama Board of Bar Commissioners or the Alabama Supreme Court.

(f) Notwithstanding any other provision of law, the docket fee for cases on the small claims docket in which the matter in controversy exceeds one thousand five hundred dollars ($1,500) shall be the same as the docket fee set for cases in the district court that are not small claims cases.
Ala. Code § 12-17-121 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-121
Section 12-17-121 Punishment for Contempt
Status: in_force

The register, or the clerk if there is no register, when holding a reference by order of the circuit court or when presiding on a show cause order which by law may come before him, may punish for contempt, by fine not exceeding $10.00 and by imprisonment not exceeding two days.
Ala. Code § 12-17-114 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-114
Section 12-17-114 Duties Generally
Status: in_force

(a) It is the duty of the register, within his respective county:

(1) To administer oaths in all cases; to issue all processes from the circuit court as to equitable cases; to make orders of publication for defendants; to grant default judgments for want of answers; to issue attachments and processes of sequestration; to make all interlocutory decrees and orders, not affecting the decision of the controversy between the parties, subject at all times to the control, direction and supervision of the circuit court; and to exercise such other duties as are, or may be, conferred by law, including administrative rules promulgated by order of the Supreme Court of Alabama.

(2) To keep a consolidated docket sheet of all cases filed, in which must be entered the names of plaintiffs and defendants, the names of the attorneys of the several parties, a minute of the time when process issued and was returned, the return thereon and note of all the orders and proceedings.

(3) To issue, within the five days after the decree or order is filed, all process necessary for the enforcement of any orders or decrees made during the term.

(4) To keep all papers, books, dockets and records belonging to his office with care and security, with the papers filed, arranged, numbered and labeled so as to be of easy reference, and the books, dockets and records properly labeled.

(5) To perform all duties concerning absentee voting as set out by the election laws.

(6) On application, and the payment of the legal fees therefor, to make out and deliver to any person a correct transcript, properly certified, of any paper or record in his office.

(b) Any register in the circuit court who fails to perform any duty imposed on him, for the failure to perform which no other punishment is provided, shall, on conviction, be fined not exceeding $200.00.
Ala. Code § 12-17-216 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-216
Section 12-17-216 Oath of Office; Powers and Duties
Status: in_force

Supernumerary district attorneys shall take the oath of office prescribed by the constitution for judicial officers and shall have and exercise all the duties, power and authority of district attorneys of the judicial circuits or circuit courts and shall, upon request of the Governor, the Chief Justice of the Supreme Court or the Attorney General, conduct investigations, attend any regular, adjourned or special session of any circuit court in any of the judicial circuits of Alabama for the investigation of or the prosecution of any criminal case or the prosecution or defense of any case in which the state is interested. The Governor, any member of the Supreme Court or courts of appeals or the Attorney General may request a supernumerary district attorney to perform duties as those prescribed for assistant attorneys general, either in their respective offices or at such other places within or without the state as such officials may assign him. When on such special assignment at the request or designation of one of the aforementioned officials and performing duties as those prescribed for assistant attorneys general, the supernumerary district attorney shall have all the powers and authority of an assistant attorney general and shall be entitled to the same amount of sick leave and annual leave that accrues to an assistant attorney general; and, while performing such duties at the request of the Attorney General, he shall be designated as a special assistant attorney general.
Ala. Code § 12-18-164 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-164
Section 12-18-164 Relation to Other Laws
Status: in_force

No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the state shall apply to members of the plan established by this article, except as to provisions for coverage under the federal Social Security Act, as may be provided by state and federal laws.
Ala. Code § 12-17-276 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-276
Section 12-17-276 Transcript Fees
Status: in_force

Notwithstanding any statutes existing on October 10, 1975, which prescribe fees to be paid to court reporters for producing transcripts of their stenographic notes, the amounts of these fees may be fixed and adjusted by the Supreme Court at such times as it shall determine.
Ala. Code § 12-2-71 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-71
Section 12-2-71 Clerks to Serve Appointing Justices; Dismissal of Clerks and Appointment of Successors
Status: in_force

Each law clerk so appointed shall serve as the law clerk for the Chief Justice or the associate justice appointing him and may be dismissed and a successor appointed at the will of the Chief Justice or the associate justice appointing him.
Ala. Code § 12-18-40 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-40
Section 12-18-40 Retirement at Age 60; Computation; Cost-of-Living; Prior Service
Status: in_force

On or after July 30, 1979, any person assuming office for the first time as a justice of the Supreme Court, judge of a court of appeals or a circuit judge, shall receive and be entitled to all retirement benefits prescribed in Title 12, Chapter 18, Articles 1 and 2, except as follows:

(1) The provisions of subdivisions (3) and (5) of both subsections (a) and (b) of Section 12-18-6, to the contrary notwithstanding, except for disability, no such justice or judge shall be eligible to receive judicial service retirement pay prior to attaining 60 years of age.

(2) The retirement pay or benefit of each such justice or judge shall be based and computed pursuant to the provisions of Section 12-18-10, at the percentage rate therein prescribed of his final salary received from the state at the time of retirement. Retired justices and judges coming under this article shall be entitled to receive cost-of-living increases in their retirement pay equal to any cost-of-living increment received by retired state employees from the State Employees Retirement System, as provided by the Legislature from time to time.

(3) The provisions of Section 12-18-8, to the contrary notwithstanding, no credit for prior creditable service shall be claimed by such justice or judge for inclusion toward judicial retirement except prior creditable service as a judge.

(4) In order for any person, electing to retire under the provisions of this article, to receive benefits authorized for the judicial office in which he is serving at the time of retirement, he must have served not less than one full term, or a time equal to a full term, in such office; if such person has served for a lesser period in such office, he shall only be entitled to retire in, and receive the benefits for, any previous judicial office in which he shall have served for not less than one full term, or a time equal to a full term, such person otherwise having attained the number of years of creditable service and age for such retirement, including all service in the office held at the time of retirement.
Ala. Code § 12-16-90 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-90
Section 12-16-90 Provisions of Article as to Selection, Drawing, Summoning, Etc., of Jurors Directory; Powers, Etc., of Jurors Selected, Drawn, Summoned, Etc., Under Article
Status: in_force

(a) The provisions of this article as to the selection, drawing, summoning or empaneling of jurors are directory merely and not mandatory.

(b) The jurors selected, drawn, summoned and empaneled under the provisions of this article, whether at an earlier or later day than required by this article, must and shall in all respects be deemed legal and to possess in full in every respect power to perform all of the duties belonging to grand and petit jurors.
Ala. Code § 12-22-150 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-150
Section 12-22-150 Duty of Trial Judge to Enter Appeal; Automatic Stay of Execution; How Appeal Governed
Status: in_force

In all cases wherein a defendant is tried and convicted for the commission of a felony against the peace and dignity of the State of Alabama and the death sentence is imposed, it shall be the duty of the trial judge, immediately after the imposition of sentence, to enter of record, with or without the direction or election of the defendant, that the defendant appeals from said judgment of conviction. Upon the entry of an order of appeal from such judgment of conviction, execution of sentence shall automatically be stayed pending said appeal. Said appeal, except as otherwise provided in this division, shall in all respects be governed as provided by law and rules of court.
Ala. Code § 12-5A-13 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-13
Section 12-5A-13 Applicability to Certain Counties
Status: in_force

(a) Notwithstanding the provisions of this chapter to the contrary, and the population of Mobile County, wherever this chapter refers to counties having a population of more than 99,000 according to the 1990 federal decennial census, Mobile County shall not be included and wherever this chapter refers to counties having a population of 99,000 or less according to the 1990 federal decennial census, Mobile County shall be included.

(b) Effective October 1, 2024, notwithstanding the provisions of this chapter to the contrary, and the population of Shelby County, wherever this chapter refers to counties having a population of more than 99,000 according to the 1990 federal decennial census, Shelby County shall not be included and wherever this chapter refers to counties having a population of 99,000 or less according to the 1990 federal decennial census, Shelby County shall be included.
Ala. Code § 12-9-8 — Alabama Code / Title 12 / Chapter 9 / Section 12-9-8
Section 12-9-8 Reports and Recommendations
Status: in_force

Said commission shall make reports and recommendations to the Governor, the Supreme Court of Alabama, the Court of Criminal Appeals, the Court of Civil Appeals, the Department of Court Management, the Legislature of Alabama and any other departments, commissions, boards, institutes or other entities of the state at such times as the commission deems appropriate.
Ala. Code § 12-5A-10 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-10
Section 12-5A-10 Operating Expenses; Inventory of County-Owned Property; Election to Transfer Property to State; County to Provide Office Space, Etc
Status: in_force

(a) Except as otherwise provided in this chapter, the operating expenses for the employees and positions covered by this chapter shall be paid by the state from funds appropriated annually to the Unified Judicial System from the Juvenile Probation Services Fund beginning on October 1 of the year of transition for counties having a population of 99,000 or less according to the 1990 federal decennial census. The expenses shall include, but not be limited to, the salary and expenses of all eligible employees and positions, training and education for juvenile probation officers and other staff, research, equipment, supplies, and state administrative staff. Staff and administrative expenses of juvenile detention facilities and shelter care facilities are specifically excluded from the assumption.

(b) Upon the effective date of this chapter, the Administrative Director of Courts shall forthwith inventory all county-owned property primarily being used by those employees covered by this chapter at the time of its passage in counties having a population of 99,000 or less according to the 1990 federal decennial census. The inventory shall include all equipment, furniture, and supplies utilized in the operation of the juvenile probation offices, with the exception of any county-owned automobiles. The inventory shall indicate where the property is located, the type and classification of property, its age, its purchase or estimated purchase cost where actual cost data is not available, and the county or other government agency possessing title prior to state assumption. The juvenile probation officers and staff shall provide assistance in the formulation of the inventory as requested by the Administrative Director of Courts. The Administrative Director of Courts shall submit the inventory to the county commission for its review and consideration and the county commission shall, within 60 days after receipt thereof, elect in writing to transfer the property to the state or to retain ownership of the property and agree to be responsible for its maintenance and replacement.

(c) Office space and utilities, except long distance telephone service, for all employees in positions covered by this chapter shall continue to be provided and maintained by the counties.
Ala. Code § 12-19-1 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-1
Section 12-19-1 State Responsibility for Operating Expenses of Unified Judicial System Generally; Supplementation of State Expenditures by Counties
Status: in_force

Except as otherwise provided in this chapter, the operating expenses of the Unified Judicial System, exclusive of the expenses of probate courts and municipal courts, shall be paid by the state.

Counties may supplement state expenditures as provided by law.
Ala. Code § 12-5A-1 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-1
Section 12-5A-1 Legislative Findings and Intent
Status: in_force

Juvenile probation officers are an integral part of the juvenile justice system. Juvenile probation officers perform a variety of services which are essential to the proper operation of the juvenile courts including working primarily with youths who are alleged to be delinquent or in need of supervision. It is the intent of the Legislature that a comprehensive system of juvenile probation services be developed, implemented, and administered statewide by the Administrative Office of Courts.
Ala. Code § 12-16-58 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-58
Section 12-16-58 Placement of Names of Prospective Jurors in Master Jury Box
Status: in_force

(a) The name or identifying number of every prospective juror whose name is drawn from the master list pursuant to subsection (b) shall be set forth on a card and placed in the master jury box as provided in this section.

(b) The number of names or identifying numbers to be placed in the master jury box shall be a minimum of 1,000 plus one percent of the total number of names on the master list. From time to time names or identifying numbers of additional prospective jurors may be placed in the master jury box as determined by the jury commission or ordered by the circuit court. The master jury box shall be emptied and refilled by December 31 of each even numbered year.

(c) The names or identifying numbers of prospective jurors which shall be placed in the master jury box shall be selected by the jury commission at random from the master list as follows:

The total number of names on the master list shall be divided by the number of names to be placed in the master jury box and the whole number next greater than the quotient shall be the key number, except that the key number shall never be less than two. A starting number for making the selection shall then be determined by a random method from the numbers one to the key number, both inclusive. The required number of names shall then be selected from the master list by taking in order the first name on the master list corresponding to the starting number and by then taking successively the names appearing on the master list at intervals equal to the key number, recommencing if necessary at the start of the list until the required number of names has been selected. Upon recommencing at the start of the list, or if additional names are subsequently selected for the master jury box, names previously selected from the master list shall be disregarded in selecting additional names.
Ala. Code § 12-15-141 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-141
Section 12-15-141 Emergency Ex Parte Orders Authorized Upon Showing of Verified Evidence of Abuse or Neglect; Evidence Required; Hearing Required Within 72 Hours of Issuance of Order
Status: in_force

The juvenile court may enter an ex parte order of protection or restraint on an emergency basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence of abuse or neglect injurious to the health or safety of a child subject to a juvenile court proceeding and the likelihood that the abuse or neglect will continue unless the order is issued. If an emergency order is issued, a hearing, after notice, shall be held within 72 hours of the written evidence or the next judicial business day thereafter, to either dissolve, continue, or modify the order.
Ala. Code § 12-21-203 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-203
Section 12-21-203 Admissibility of Evidence Relating to Past Sexual Behavior of Complaining Witness in Prosecutions for Criminal Sexual Conduct
Status: in_force

(a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings:

(1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this section.

(2) CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge.

(3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term includes, but is not limited to, evidence of the complaining witness’s marital history, mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards.

(b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in subsection (a) of this section, shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or of other witnesses, except as otherwise provided in this section.

(c) In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in subsection (d) of this section, finds that such past sexual behavior directly involved the participation of the accused.

(d) The procedure for introducing evidence, as described in subsection (c) of this section, shall be as follows:

(1) At the time the defense shall seek to introduce evidence which would be covered by subsection (c) of this section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant’s offer of proof. All in camera proceedings shall be included in their entirety in the transcript and record of the trial and case;

(2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this section, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and

(3) The defense may then introduce evidence pursuant to the order of the court.
Ala. Code § 12-17-226.9 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.9
Section 12-17-226.9 Treatment Programs; Drug Testing
Status: in_force

The district attorney and the offender may enter into an agreement, as a part of a pretrial diversion program established under this division, that the offender be admitted to a certified drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. The district attorney may require the offender to submit to periodic or random drug testing or other terms and conditions related to substance abuse. The offender shall pay the costs of all services unless otherwise approved by the district attorney.
Ala. Code § 12-21-12 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-12
Section 12-21-12 Proof by Substantial Evidence Required; Scintilla Rule Abolished; Higher Standard of Proof; Substantial Evidence Defined; Application
Status: in_force

(a) In all civil actions brought in any court of the State of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the trier of the facts. Proof by substantial evidence shall be required for purposes of testing the sufficiency of the evidence to support an issue of fact in rulings by the court, including without limitation, motions for summary judgment, motions for directed verdict, motions for judgment notwithstanding the verdict, and other such motions or pleadings respecting the sufficiency of evidence.

(b) The scintilla rule of evidence is hereby abolished in all civil actions in the courts of the State of Alabama.

(c) With respect to any issue of fact for which a higher standard of proof is required, whether by statute, or by rule or decision of the courts of the state, substantial evidence shall not be sufficient to carry the burden of proof, and such higher standard of proof shall be required with respect to such issue of fact.

(d) Substantial evidence shall mean evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the fact sought to be proven. A scintilla of evidence is insufficient to permit submission of an issue of fact to the trier of facts.

(e) This section shall not apply to any civil action pending in the courts of this state on June 11, 1987.
Ala. Code § 12-17-225 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-225
Section 12-17-225 Purpose
Status: in_force

It is the purpose of this legislation to ensure that court-ordered restitution to crime victims, victim compensation assessments, bail bond forfeitures, court costs required by law, fines levied against criminals for wrongful conduct, and other court-ordered sums payable to the state or to the crime victims be paid in full and that cost of collection be borne by the person who is responsible for payment. The Legislature of this state further recognizes that the district attorneys of the various judicial circuits are mandated by law to represent the people of the state, and a strong public policy dictates that restitution, court costs, fines, and other court-ordered sums be enforced within each judicial circuit by the district attorneys in conjunction with the circuit clerks and local courts.
Ala. Code § 12-17-2 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-2
Section 12-17-2 Court Personnel Included in State Employee Personnel System; Establishment of Job Descriptions, Rates of Compensation, Etc., Applicable to Court Personnel
Status: in_force

Except as otherwise provided by law, all court personnel shall be included in the state employee personnel system; provided, that job descriptions, regulations, rates of compensation and administrative procedures applicable to court personnel shall be established by the Administrative Director of Courts after consultation with the state employee personnel system; provided, that for any court official or employee with a salary rate which, immediately before October 10, 1975, exceeded the salary rate provided by this title, the county where the court for which he works is located must supplement his salary to an extent sufficient to maintain such former higher rate.
Ala. Code § 12-16-30 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-30
Section 12-16-30 Establishment
Status: in_force

There shall be a jury commission in every county in this state.
Ala. Code § 12-3-16 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-16
Section 12-3-16 Decisions of Supreme Court to Govern Holdings and Decisions of Courts of Appeals; Decisions and Proceedings of Courts of Appeals Subject to General Superintendence and Control of Supreme Court
Status: in_force

The decisions of the Supreme Court shall govern the holdings and decisions of the courts of appeals, and the decisions and proceedings of such courts of appeals shall be subject to the general superintendence and control of the Supreme Court as provided by Constitutional Amendment No. 328.
Ala. Code § 12-21-45 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-45
Section 12-21-45 Evidence That Medical or Hospital Expenses to Be Paid or Reimbursed Admissible as Competent Evidence
Status: in_force

(a) In all civil actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.

(b) In such civil actions, information respecting such reimbursement or payment obtained or such reimbursement or payment which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.

(c) Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, evidence relating to such reimbursement or payment shall be admissible.

(d) This section shall not apply to any civil action pending on June 11, 1987.
Ala. Code § 12-16-46 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-46
Section 12-16-46 Certification of New Jury Roll and Refilling of Jury Box by Commission
Status: in_force

Whenever the names in the jury box are exhausted or so far depleted that they will probably be exhausted at the next drawing of jurors, the jury commission shall proceed to make and certify a new roll and deposit the names in the box in all respects as provided in this article; and, for this purpose, the jury commission shall meet whenever it is necessary and refill the jury box.
Ala. Code § 12-22-20 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-20
Section 12-22-20 Final Judgments, Orders, or Decrees Generally
Status: in_force

An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order or decree of the probate judge; and, in all cases where it may of right be done, the appellate court shall render such decree, order or judgment as the probate court ought to have rendered.
Ala. Code § 12-19-293 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-293
Section 12-19-293 Court of Criminal Appeals Advanced Technology and Data Exchange Fund
Status: in_force

(a) The Court of Criminal Appeals Advanced Technology and Data Exchange Fund is created in the State Treasury.

(b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund through user fees, copy fees, subscriptions, service charges, and any other sources associated with the operation of the appellate court case management system or by the legislative appropriation, grant, gift, or otherwise.

(c) Monies contained in the fund may be expended by the Alabama Court of Criminal Appeals to provide for any activities involving the administration of justice including the following purposes:

(1) Expand methods and means for collection and disbursement of court-ordered monies through the use of credit cards, electronic funds transfers, or other means and provide for electronic transfer of records and storage.

(2) Enhance coordination and sharing of data with local, state, and federal agencies, members of the bar, and the public.

(3) Provide equipment for electronically filing cases.

(4) Improve accountability for case filings and dispositions.

(5) Train and educate employees and officials on the trial or appellate levels of the Unified Judicial System regarding legal and administrative policies and procedures and effective usage of the courts’ management systems.

(6) Provide education materials including manuals, forms, handbooks, books, brochures, and technology for legal research and case management for appellate and trial court officials and employees and component groups of the legal community.

(7) Provide staff, services, and equipment required to maintain and expand technological improvements and conduct continuing education and training in these areas.

(8) Provide for any other use by the Alabama Court of Criminal Appeals for the general operations that further the administration of justice.

(9) Pay service charges, electronic transfer fees, or any other transaction costs associated with subdivisions (1) to (8), inclusive.

(d) The Administrative Office of Courts may transfer to the Court of Criminal Appeals Advanced Technology and Data Exchange Fund established by subsection (a) any amounts on deposit in the Administrative Office of Courts Advanced Technology Data and Exchange Fund to the credit of the Alabama Court of Criminal Appeals.

(e) At the end of any fiscal year, any unexpended or unencumbered monies contributed to or deposited in the fund from any source shall remain in the fund for the use of the Alabama Court of Criminal Appeals.

(f) All monies in the fund shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 and Chapter 19 of Title 41 and only in the amount provided by the Legislature in the general appropriations act or other appropriations act.
Ala. Code § 12-21-147 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-147
Section 12-21-147 Use of Registered Therapy Dog in Certain Legal Proceedings
Status: in_force

(a) For purposes of this section, the following terms shall have the following meanings:

(1) ACTIVE MEMBER. Therapy dog teams who have had recorded visits at facilities including hospitals, nursing homes, libraries, and extended care facilities in the past 18 months.

(2) REGISTERED HANDLER. A volunteer registered by the court system as a therapy dog handler who has not been convicted of sexual, animal, or domestic abuse or any felony, who has been registered by a qualifying therapy dog organization, and has taken an oath of confidentiality. An officer of the court may be a handler only if there is no expense to the state.

(3) REGISTERED THERAPY DOG. a. A trained emotional support dog that has been tested and registered by a nonprofit therapy dog organization that sets standards and requirements for the health, welfare, task work, and oversight for therapy dogs and their handlers, including at a minimum, all of the following:

1. A current annual certificate of health from an Alabama veterinarian on a form designed by the nonprofit therapy dog organization.

2. Markings identifying the dog as a therapy dog while working.

3. An identification card or badge to be prominently displayed on the handler.

4. A minimum of 18 months of recorded visits in institutions such as hospitals, libraries, and nursing homes providing therapy and emotional support to people of all ages, and must have passed a test administered by a nonprofit therapy dog organization demonstrating the dog and handler are qualified to access public buildings and interact with the public.

5. Proof of liability insurance in the minimum amount of five hundred thousand dollars ($500,000) for each therapy dog working in the court system which may be provided through a nonprofit therapy dog organization.

b. Notwithstanding the requirements of paragraph a., a handler with a dog having the appropriate temperament may be tested by a certified Alabama law enforcement canine officer with a minimum of two years’ experience for the ability to be registered as a therapy dog for use in certain legal proceedings.

(4) THERAPY DOG ORGANIZATION. A nationally registered 501(c)(3) nonprofit therapy dog organization that has been continuously active for a minimum of three years as a therapy dog organization with at least 100 active therapy dog teams nationwide and with active members in Alabama.

(b) In a legal proceeding, to reduce the stress of the witness and to enhance the ability of the court to obtain full and accurate testimony, the court may allow a registered therapy dog to accompany a victim or witness while testifying, or in other court proceedings if a registered therapy dog is available.

(c) If the court, in its sole discretion, grants the use of a registered therapy dog, the registered therapy dog shall be accompanied by a registered handler who has received instruction from the district attorney’s office on the protocols and policies of legal proceedings for that circuit and the role of the registered therapy dog and registered handler to assure there is no interference with the collection of evidence and testimony or the administration of justice.

(d) If a jury has been empaneled in the legal proceeding, the registered therapy dog shall be accompanied by the registered handler to the witness stand with the witness outside of the presence of the jury and the registered handler shall return to his or her position in the courtroom within view of the witness stand. Subsequently, the jury shall be seated and the court shall inform the jury of the presence of the registered therapy dog and instruct the jury that the presence of a registered therapy dog should not create any prejudice to any party.

(e) During trial proceedings all precautions should be taken to obscure the presence of a registered therapy dog from the jury.

(f) Markings identifying the dog as a registered therapy dog while working must be visible.

(g) Subject to the Alabama Rules of Criminal Procedure, if requested by either party in a legal proceeding, the court may examine and confirm the credentials of the registered therapy dog and registered handler.

(h) Registered therapy dogs and handlers shall not be dismissed from any therapy dog organization for following the rules and procedures in this section or those set by the court.

(i) Prior to the use of a registered therapy dog in a court proceeding the state or moving party must file a notice of intent to use the registered therapy dog.

(j) A judge may award costs from the judge’s discretionary fund to the registered handler to offset some of the financial cost of using the dog in legal proceedings.
Ala. Code § 12-25-3 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-3
Section 12-25-3 Membership
Status: in_force

(a) The commission shall consist of the following voting members:

(1) The Chief Justice of the Supreme Court, or at his or her designation, a sitting or retired judge, who shall serve as chair, or at his or her designation another member of the commission shall serve as chair.

(2) The Governor, or his or her designee.

(3) The Attorney General, or his or her designee.

(4) Three district attorneys appointed by the President of the Alabama District Attorneys’ Association.

(5) Two circuit judges, active or retired, appointed by the President of the Alabama Association of Circuit Court Judges.

(6) A district judge, active or retired, appointed by the President of the Alabama Association of District Court Judges.

(7) Two victims of a violent felony or persons whose immediate family member was a victim of a violent felony, appointed by the Governor.

(8) The Chair of the House Judiciary Committee, or his or her designee who is a member of the House Judiciary Committee.

(9) The Chair of the Senate Judiciary Committee, or his or her designee who is a member of the Senate Judiciary Committee.

(10) A private attorney specializing in criminal defense appointed by the President of the Alabama Criminal Defense Lawyers’ Association.

(11) A private attorney specializing in criminal law appointed by the President of the Alabama Lawyer’s Association.

(12) A county commissioner appointed by the Governor.

(13) The Commissioner of the Department of Corrections, or his or her designee.

(14) The Chair of the Alabama Board of Pardons and Paroles, or his or her designee.

(15) A member of the academic community with a background in criminal justice or corrections policy appointed by the Chief Justice.

(16) A sheriff appointed by the Sheriff’s Association.

(17) An active police officer appointed by the Association of Chiefs of Police.

(b)(1) Appointed members of the commission shall serve terms of four years and may be reappointed for a second term. Members of the commission who serve because of their public office or position shall serve only as long as they hold such office or position.

(2) A member appointed to fill a vacancy on the commission which occurs before the expiration of the term for which his or her predecessor was appointed shall serve only for the remainder of such term.

(3) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of this state.
Ala. Code § 12-17-24.2 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-24.2
Section 12-17-24.2 Jurisdiction of Family Court Division
Status: in_force

(a) The Family Court Division of the Circuit Court of the 37th Judicial Circuit shall handle all cases and proceedings involving divorces, annulments of marriages, custody and support of children, granting and enforcement of alimony, proceedings under any reciprocal non-support act, and all other domestic and marital matters over which the circuit courts have jurisdiction, including non-support cases arising in the circuit under Title 30, Chapters 3 and 4.

(b) The division shall also have and exercise jurisdiction over juveniles for the purposes of subsection (a), and for the enforcement of Chapter 15 of this title.

(c) All cases and proceedings involving domestic relations and marital matters which originate in the circuit court shall be assigned to the family court division. If the docket of the division is overcrowded, cases may be reassigned by the presiding judge of the circuit court to other circuit and district judges of the circuit.

(d) When the family court division of the circuit court has been organized pursuant to Section 12-17-20 and this section and is ready to function, all cases or causes pending in the District Court of Lee County or the Circuit Court of the 37th Judicial Circuit having jurisdiction of juveniles and matters involving domestic relations shall be transferred to the family court division. However, those pending cases which have been heard and are awaiting a final disposition at the time of the commencement of the family court division, shall remain with the judge who conducted the hearings or trials.
Ala. Code § 12-22-193 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-193
Section 12-22-193 Examination of Petitioner; Subpoena of Witnesses; Ascertainment of Financial Information; Estimate of Costs and Fees
Status: in_force

Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have the defendant or petitioner brought before him and shall examine the defendant or petitioner under oath concerning the required averment in the petition that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal. The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and may call upon the sheriff, the district attorney and other officers of the court to ascertain information relevant to the financial condition and ability of defendant or petitioner. The trial judge shall find from the court reporter or reporters who took stenographic notes at the trial or hearing a general estimate of the costs of transcribing the evidence and other proceedings occurring at the trial, or such part thereof as may be necessary to be transcribed to afford the appellate court with a record on appeal of sufficient completeness as a basis for a fair review of the points insisted upon by the defendant or petitioner and shall also ascertain from the clerk a general estimate of the amount of fees which will be due to said clerk incident to an appeal.
Ala. Code § 12-21-33 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-33
Section 12-21-33 Parol to Show Writing Void
Status: in_force

Parol evidence is admissible to show that a writing was originally void or has subsequently become so.
Ala. Code § 12-18-90 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-90
Section 12-18-90 Provisions of Article Not Applicable to Supernumerary Probate Judges; Receipt of Benefits as Supernumerary Probate Judge, Etc., by Probate Judge Electing to Come Under Provisions of Article 1 of Chapter; Transfer to Judicial Retirement Fund of Moneys Paid to Counties Under Provisions of Article 3 of Chapter 13 of This Title by Probate Judges Electing to Come Under Provisions of Article 1 of Chapter
Status: in_force

This article shall not apply to any supernumerary probate judge.

No probate judge who elects to come under the provisions of Article 1 of this chapter shall be eligible to receive benefits as a supernumerary probate judge or benefits under any other state retirement program; provided, that any probate judge retired under this article may receive all social security benefits to which he or she is entitled, and the receipt of such shall not diminish the retirement benefits herein provided.

When a probate judge elects to come under the provisions of Article 1 of this chapter, all money paid to the county by such probate judge under the provisions of Article 3 of Chapter 13 of this title shall immediately be paid into the Judicial Retirement Fund in the State Treasury.
Ala. Code § 12-21-182 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-182
Section 12-21-182 Proceedings Upon Failure of Subpoenaed Witness to Attend and Remain
Status: in_force

(a) Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena and remain until his testimony is given or he is discharged forfeits $100.00 to the use of the party summoning him, and the attendance of such witness may be compelled by attachment.

(b) A conditional judgment must, on motion of such party, be entered against such witness and a notice issued to him that such judgment will be made absolute unless he appears within 30 days from the date of the service of such notice and renders a good excuse for his default; and, if he fails to appear and render a satisfactory excuse for his default, such judgment may be made absolute or reduced, as the court may direct.

(c) Witnesses failing to attend court may make their excuse by affidavit, or viva voce, in open court, which the court must hear at any time, unless engaged in the trial of a case, and, if the excuse is sufficient, release the party from any fine imposed, without the payment of costs.
Ala. Code § 12-16-171 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-171
Section 12-16-171 Grand Jury Foreman
Status: in_force

The following oath shall be administered to the foreman of the grand jury: “You, as foreman of the grand jury of _____ county, do solemnly swear (or affirm as the case may be) that you will diligently inquire and true presentment make of all indictable offenses given you in charge, as well as those brought to your knowledge, committed or triable within the county; the state’s counsel, your fellows’ and your own you shall keep secret; you shall present no person from envy, hatred or malice, nor leave any one unpresented from fear, affection, reward or the hope thereof; but you shall present all things truly as they come to your knowledge, to the best of your understanding. So help you God.”
Ala. Code § 12-19-274 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-274
Section 12-19-274 Attorney’s Fees Negotiated in Private; Court May Approve Stipulations
Status: in_force

Nothing in this article shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay his attorney. Nothing in this article is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorneys’ fees or costs or an award of attorneys’ fees or costs in a manner different than that provided in this article.
Ala. Code § 12-10A-4 — Alabama Code / Title 12 / Chapter 10A / Section 12-10A-4
Section 12-10A-4 Funding
Status: in_force

(a) To provide the employer’s costs to implement the uniform pay plan adopted by this chapter, there is appropriated to the Unified Judicial System from the State General Fund the following amounts: For fiscal year 2000-2001, nine million five hundred thousand dollars ($9,500,000); for fiscal year 2001-2002, twelve million five hundred thousand dollars ($12,500,000); for fiscal year 2002-2003 and each subsequent fiscal year thereafter, fourteen million one hundred thousand dollars ($14,100,000).

(b) There is appropriated from the State Treasury to the Supreme Court of Alabama the amount of two hundred thousand dollars ($200,000) for the fiscal year ending September 30, 2000, and each fiscal year thereafter, to be used for the furtherance of attorney professionalism and the statewide coordination of pro bono services in civil cases.
Ala. Code § 12-17-63 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-63
Section 12-17-63 Qualifications
Status: in_force

Candidates seeking to be elected as a district court judge shall be licensed to practice law in this state and shall file all necessary documents of qualification with the Secretary of State as provided by law.
Ala. Code § 12-19-155 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-155
Section 12-19-155 Provisions Not to Increase Municipal Share of Docket Fees or Fees Applicable to Traffic Cases
Status: in_force

Notwithstanding any provision of the law to the contrary, the increases in fees and costs provided in this act shall in no instance operate to increase the municipal share of the docket fees collected in municipal ordinance cases in the district and circuit courts. In addition, nothing in this act should be construed to increase the fees and costs applicable to traffic cases in the district courts.
Ala. Code § 12-21-60 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-60
Section 12-21-60 Proof of Written Instrument’s Execution by Maker
Status: in_force

The execution of any instrument of writing attested by witnesses may be proved by the testimony of the maker thereof, without producing or accounting for the absence of attesting witnesses.
Ala. Code § 12-2-93 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-93
Section 12-2-93 Salary
Status: in_force

The salary of the Clerk of the Supreme Court of Alabama shall be fixed under the provisions of the merit system at the maximum paid to attorneys in the classified service and shall be payable out of the treasury as the salaries of other state officers are paid.
Ala. Code § 12-13-32 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-32
Section 12-13-32 Filling of Vacancies
Status: in_force

Vacancies in the office of probate judge shall be filled by the Governor, and the person appointed shall hold office until the election and qualification of his successor.
Ala. Code § 12-22-245 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-245
Section 12-22-245 Effect of Undertaking When Conviction Reversed and Case Remanded
Status: in_force

When the judgment of conviction is reversed and the case remanded, such undertaking binds the defendant to appear from time to time until discharged by law and to answer the charge, as in bail before conviction, but the defendant is not bound to appear before the trial court pending his appeal.
Ala. Code § 12-17-94 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-94
Section 12-17-94 Duties Generally
Status: in_force

(a) The duties of the clerks of the circuit court include all of the following:

(1) To sign and issue all summons, subpoenas, writs, executions, and other processes, under the authority of the court.

(2) To keep a consolidated docket sheet of civil and criminal cases, the names of the parties, the character of action or offense, the names of the attorneys and the sheriff’s return, which shall be entered in all civil and criminal cases standing for trial, in the order in which they are brought, and the bench notes, orders, rulings on motions and pleadings, other preliminary matters and final judgment which have been made in each case by the judge, which shall be the official minutes.

(3) To keep all papers, books, dockets, and records belonging to their office with care and security, with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and the books, dockets and records properly lettered. Parties shall be allowed to inspect the records free of charge.

(4) To make out and deliver, on application and payment of the legal fees therefor, to any person applying for the same, a correct transcript, properly certified, of any paper or record in their offices.

(5) To exercise such duties as are, or may be, conferred upon them by law, including administrative rules promulgated by order of the Supreme Court of Alabama.

(6) To monitor compliance with court orders issued by a state court which assess court costs, fines, and other related court-ordered money against criminal defendants and to utilize accounts receivable systems and other procedures, including notice processes, to ensure payment of court-ordered money.

(b) Any clerk of any circuit court who fails to perform any duty imposed on him or her, for the failure to perform which no other punishment is provided, shall, on conviction, be fined not exceeding $200.00.
Ala. Code § 12-22-221 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-221
Section 12-22-221 Entry of Order on Court’s Minutes; Dismissal If Not Prosecuted to Term Returnable
Status: in_force

When a writ of error is awarded by a judge of an appellate court in vacation, such judge must cause an entry of such order to be made on the minutes of the court at its next term, and if any writ of error is not prosecuted to the term to which it is returnable, it must be dismissed and no writ of error afterwards allowed.
Ala. Code § 12-18-11 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-11
Section 12-18-11 Crediting to Circuit Court Judges Toward Retirement of Prior Service for Which Entitled to Credit Toward Supernumerary Status in Position Other Than as Circuit Judge
Status: in_force

Any judge of a circuit court holding office on September 18, 1973 who is entitled to credit for prior service toward earning supernumerary status in a position other than as a circuit judge shall be entitled to have all such service credited toward retirement status under this article, provided he does so within three years from September 18, 1973, by notifying the Supreme Court in writing of the service for which he is at that time entitled to credit toward obtaining supernumerary status and for which he desires credit toward retirement under the Judicial Retirement Fund provided by this article. Upon receipt of such notice the Supreme Court shall make a judicial determination of the amount of such credit to which such judge is entitled and shall notify the board of control of the State Employees’ Retirement System of this determination, and such service shall be credited to such judge’s retirement benefits and shall be counted as time of service as a circuit judge under this article.
Ala. Code § 12-17-183 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-183
Section 12-17-183 Residence; Vacation of Office for Nonresidency
Status: in_force

Every district attorney must have resided in the circuit for which he is elected or appointed for at least 12 months preceding his election or appointment and must reside in such circuit during his continuance in office. If he shall fail so to do, he shall vacate his office. Upon such failure, it shall be the duty of the judge of the circuit to notify the Governor, and the Governor shall fill the vacancy.
Ala. Code § 12-21-65 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-65
Section 12-21-65 Proof of Unwritten or Common Law of Other States and Territories
Status: in_force

The unwritten or common law of any other state of the United States, or of the territories thereof, may be proved as facts by parol evidence, and the books of reports of cases adjudged in the respective states purporting to be the official reports thereof or to have been published under the authority of the state or as a part of the national reporter system or of any universally accepted system of reports of decided cases and the works of commentators of recognized authority on the law of the particular state involved may also be admitted in evidence in proof of such unwritten or common law.
Ala. Code § 12-21-139 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-139
Section 12-21-139 Disclosure of Evidence Sought by Objected-To Question
Status: in_force

In the examination of witnesses and the introduction of evidence, it shall not be necessary to state or disclose to the court the substance of the anticipated answer of the witness or of the evidence sought to be introduced by the question in order to put the court in error in its ruling on objection to the question unless the court requests that counsel disclose to the court the evidence sought by the question.
Ala. Code § 12-16-40 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-40
Section 12-16-40 Clerks of Commissions - Clerks to Devote Such Time as Required by Commissions to Performance of Duties; Clerks Not to Be Paid for Sundays; Discharge of Clerks
Status: in_force

The clerk of the jury commission shall give such time to the performance of his duties as may be required by the jury commission but shall not be paid for Sundays.

The jury commission may at any time discharge any clerk employed by it and employ another.
Ala. Code § 12-17-227.3 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.3
Section 12-17-227.3 Transfer of Membership Service and Accumulated Contributions
Status: in_force

(a) Any active and contributing member of the District Attorneys’ Plan who, not more than one year prior to becoming a member of the plan was a member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama, may elect to transfer his or her membership service and accumulated contributions in the Employees’ Retirement System or the Teachers’ Retirement System to the District Attorneys’ Plan.

(b) Any active and contributing member desiring to transfer any membership service and accumulated contributions under subsection (a) shall notify the Board of Control of the Employees’ Retirement System of his or her election to transfer membership service and shall authorize the transfer of the amount of his or her accumulated contributions to his or her credit in the Employees’ Retirement System or Teachers’ Retirement System to his or her account in the District Attorneys’ Plan.

(c) The Board of Control transferring the membership service and contributions shall thereupon certify to the Board of Control of the Employees’ Retirement System and to the fund the amount of contributions and service creditable to the member at the time of separation from the transferring retirement system. The member shall be credited in the fund with the membership service and accumulated contributions so certified.

(d) Anything in this division to the contrary notwithstanding, in the application of the foregoing provisions of this section to a member whose membership service includes a period of service as a district attorney and a period of service in another employment classification, the benefit rates applicable to a district attorney shall apply to all membership service as a district attorney, and the benefit rates applicable to the member’s other employment classification shall apply to membership service in such other classification. In all other respects, the pension under this section shall be determined on the basis of the member’s employment classification at the time of his or her withdrawal from service.
Ala. Code § 12-21-103 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-103
Section 12-21-103 Transcribed Records
Status: in_force

Whenever the records of a county or of any court or office, or any part thereof, shall be transcribed in pursuance of law, the copy or transcribed record shall be evidence and shall prima facie have the same force and effect as the original from which the transcript was made.
Ala. Code § 12-26-6 — Alabama Code / Title 12 / Chapter 26 / Section 12-26-6
Section 12-26-6 Petition for Order of Limited Relief - Exceptions
Status: in_force

(a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances:

(1) If the petitioner is serving a custodial sentence with more than six months remaining.

(2) If the petitioner is currently charged with a felony.

(3) If the petitioner is currently charged with a Class A misdemeanor that is alleged to have occurred within the past 12 months.

(b) An individual may not file a petition to obtain an order of limited relief if a separate petition covering the same conviction or convictions has been filed in another circuit.

(c) A court’s rejection of a petition to obtain an order of limited relief on its merits shall be preclusive as to the related convictions for a period of two years, unless otherwise ordered at the court’s discretion.
Ala. Code § 12-15-214 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-214
Section 12-15-214 Ordering and Preparation of Study and Written Report Concerning Child; Ordering, Conduct, and Certification of Findings of Physical or Mental Examination of Child Prior to Hearing on Petition Generally; Examination of Parent, Legal Guardian, or Legal Custodian After Hearing Where Ability to Care for or Supervise Child in Issue
Status: in_force

The juvenile court may direct that a juvenile probation officer conduct a study and submit a written report to the juvenile court with recommendations concerning a child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case. The recommendations may indicate that the child needs further mental health evaluation, especially, in some cases, for the purpose of determining whether the child is competent to stand trial. The recommendations may also include a request that the juvenile court proceed pursuant to Section 12-15-130.
Ala. Code § 12-16-34 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-34
Section 12-16-34 Compensation of Members
Status: in_force

(a) Upon written order of the presiding circuit judge or his designee, the jury commission shall meet on such days as are required to replenish the number of names in the trial court jury box and to perform such other necessary duties as are related thereto. Each member of the jury commission shall be paid the sum of $10.00 for each day he is actually engaged in the discharge of his duties pursuant to the order of the presiding circuit judge. The president of each jury commission shall submit all claims for compensation for its members along with a copy of the order of the presiding circuit judge to the Administrative Director of Courts. Claims shall be submitted on such forms as may be prescribed by the Administrative Director of Courts, and, if approved, shall be processed and paid by the state.

(b) The compensation of each member of the commission shall not exceed for any year of his term the following amounts:

(1) In counties of 25,000 population or less, $200.00;

(2) In counties exceeding 25,000 and not exceeding 50,000 population, $500.00; and

(3) In counties having a population of more than 50,000, but not more than 600,000, $600.00; and

(4) In counties having a population of more than 600,000, $1,200.00.
Ala. Code § 12-14-70 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-70
Section 12-14-70 Appeals to Circuit Courts from Judgments of Municipal Courts and Proceedings Thereon
Status: in_force

(a) All appeals from judgments of municipal courts shall be to the circuit court of the circuit in which the violation occurred for trial de novo.

(b) The municipality may appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance invalid.

(c) A defendant may appeal in any case within 14 days from the entry of judgment by filing notice of appeal and giving bond, with or without surety, approved by the court or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by the court, or in the event no fine is levied the bond shall be in an amount not to exceed $1,000.00, as fixed by the court, conditioned upon the defendant’s appearance before the circuit court. The municipal court may waive appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to provide a surety bond. If an appeal bond is waived, a defendant sentenced to imprisonment shall not be released from custody, but may obtain release at any time by filing a bond approved by the municipal court. If defendant is not released, the prosecutor shall notify the circuit clerk, and the case shall be set for trial at the earliest practicable time.

(d) When an appeal has been taken, the municipality shall file the notice and other documents in the court to which the appeal is taken within 15 days, failing which the municipality shall be deemed to have abandoned the prosecution, the defendant shall stand discharged and the bond shall be automatically terminated.

(e) Upon trial or plea of guilty in the circuit court on appeal, the court may impose any penalty or sentence which the municipal court could have imposed.

(f) Upon failure of an appellant to appear in the circuit court when the case is called for trial, unless good cause for such default is shown, the court shall dismiss the appeal and upon the expiration of 30 days from such date, unless the dismissal is set aside, the circuit clerk shall return the file, with a copy of the order of dismissal, to the clerk of the court from which the appeal was taken and the judge of such court may enter judgment of default on the appeal bond by utilizing the procedures set forth in Section 15-13-81. The circuit court may, on motion of the defendant made within 30 days of the order of dismissal, set aside the dismissal and other orders and reinstate the appeal on such terms as the court may prescribe, for good cause shown by defendant.

(g) Upon receipt of notice of dismissal of an appeal, the municipal court may issue a warrant for arrest of the defendant, who may also be arrested without a warrant as an escapee. Upon arrest, the defendant shall be delivered to the municipal authorities and punished in accordance with the judgment of the municipal court.

(h) If a judgment is entered against a defendant on appeal, the circuit court shall remand the defendant to the municipal authorities for punishment in accordance with the judgment of the circuit court, unless, when the judgment is for fine and costs only, the judgment is paid or a judgment is conferred therefor in favor of the municipality with sureties or as otherwise provided for convictions under state law.

(i) Upon receipt of payment of fines, forfeitures and costs upon appeals, the clerk of the circuit court shall within 30 days pay 90 percent of such fines and forfeitures and 10 percent of the costs to the treasurer of the municipality. The circuit clerk shall be liable on his bond for such fines and costs plus a penalty of five percent per month for default in such payments.
Ala. Code § 12-7-1 — Alabama Code / Title 12 / Chapter 7 / Section 12-7-1
Section 12-7-1 Reimbursement of Expenses of Members of Court
Status: in_force

Members of the Court of the Judiciary shall be reimbursed for actual and necessary expenses incurred in the performance of their duties as such members; provided, that such expenses must be approved by the chief judge of the court and filed with the Comptroller of the State of Alabama.
Ala. Code § 12-9A-7 — Alabama Code / Title 12 / Chapter 9A / Section 12-9A-7
Section 12-9A-7 Temporary Assignment of Circuit or District Judge to Another Circuit
Status: in_force

(a) The Chief Justice of the Supreme Court of Alabama, by order, shall assign a circuit or district judge from a judicial circuit to serve within another judicial circuit for a reasonable period of time to address court congestion, court delay, civil and criminal backlog of cases, or for any other reason necessary for the prompt and thorough administration of justice.

(b) When considering the amount of time a judge may be assigned from his or her home circuit to another circuit, the Chief Justice shall take into consideration all relevant circumstances regarding the judicial needs of the circuits involved.

(c) A judge assigned to serve another circuit under subsection (a) shall be reimbursed for any necessary and reasonable expenses of travel and the same maintenance expense allowances from the State Treasury that the judge would be entitled to receive when attending court or transacting other official business outside of the judge’s home circuit.

(d) This section shall not apply in Jefferson County.
Ala. Code § 12-15-133 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-133
Section 12-15-133 Filing and Inspection of Records
Status: in_force

(a) The following records, reports, and information acquired or generated in juvenile courts concerning children shall be confidential and shall not be released to any individual, department, agency, or entity, except as provided elsewhere in this section:

(1) Juvenile legal files, including formal documents as petitions, notices, motions, legal memoranda, orders, and decrees.

(2) Social records, including but not limited to:

a. Records of juvenile probation officers.

b. Records of the Department of Human Resources.

c. Records of the Department of Youth Services.

d. Medical records.

e. Psychiatric or psychological records.

f. Reports of preliminary inquiries and predisposition studies.

g. Supervision records.

h. Birth certificates.

i. Individualized service plans.

j. Education records, including, but not limited to, individualized education plans.

k. Detention records.

l. Demographic information that identifies a child or the family of a child.

(3) State Criminal Justice Information System records.

(4) Juvenile criminal sex offender notification records.

(b) The records, reports, and information described in subsection (a) shall be filed separately from other files and records of the court. The juvenile legal files described in subdivision (a)(1) shall be maintained in a separate file from all other juvenile records, reports, and information.

(c) Subject to applicable federal law, the records, reports, and information described in subsection (a) shall be open to inspection and copying only by the following, under the specified circumstances:

(1) The judge, juvenile probation officers, and professional staff assigned to serve or contracted for service to the juvenile court.

(2) Representatives of a public or private agency or department providing supervision or having legal custody of the child.

(3) The parent, except when parental rights have been terminated, the legal guardian of the child, and the legal custodian of the child.

(4) The subject of the proceedings and his or her counsel and guardian ad litem. As used in this section, the term “counsel” means a child’s attorney and an attorney for a criminal defendant who was formerly a child subject to proceedings in juvenile court.

(5) The judge, probation, prosecutor, and other professional staff serving a court handling criminal cases for investigating or considering youthful offender applications for an individual, who, prior thereto, had been the subject of proceedings in juvenile court.

(6) The judge, probation, and other professional staff, including the prosecutor and the attorney for the defendant, serving a court handling criminal cases for completing sentencing standards worksheets and considering the sentence upon an individual charged with a criminal offense who, prior thereto, had been the subject of proceedings in juvenile court.

(7) The principal of the school in which the child is enrolled, or the representative of the principal, upon written petition to the juvenile court setting forth the reasons why the safety or welfare, or both, of the school, its students, or personnel, necessitate production of the information and without which the safety and welfare of the school, its students, and personnel, would be threatened; provided, however, certain information concerning children adjudicated delinquent of certain offenses shall be provided as set forth in Section 12-15-217.

(8) The Alabama Sentencing Commission, as set forth in Section 12-25-11.

(9) In any criminal proceeding, including a criminal proceeding in which an individual is adjudicated a youthful offender, as well as any juvenile proceeding pursuant to Section 12-15-105, the prosecutor representing the State of Alabama shall have access to all juvenile legal files specified in subdivision (a)(1) on that individual regardless of the jurisdiction from which the files originate.

(d) Upon determining a legitimate need for access, and subject to applicable federal law, the juvenile court may also grant access to specific records, reports, and information to a prosecutor representing the State of Alabama, department, entity, or agency. The determination of legitimate need by the juvenile court shall be based upon a written request filed with the juvenile court stating the following:

(1) The reason the individual, department, entity, or agency is requesting the information.

(2) The use to be made of the information.

(3) The names of those individuals or entities that will have access to the information.

(e) Petitions, motions, juvenile court notices, or dispositions shall be open to inspection and copying by the victim.

(f) Subject to applicable confidentiality disclosure and case restrictions imposed by federal or state law, confidential juvenile legal files, as described in subdivision (a)(1), may be placed on an automated information sharing system to be shared with the child’s counsel and guardian ad litem, prosecutors, departments, agencies, or entities who are entitled to access pursuant to this section.

(g) Except for the purposes permitted and in the manner provided by this section, whoever discloses or makes use of or knowingly permits the use of information identifying a child, or the family of a child, who is or was under the jurisdiction of the juvenile court, where this information is directly or indirectly derived from the records of the juvenile court or acquired in the course of official duties, upon conviction, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court and also may be subject to civil sanctions. Provided, however, that nothing in this section shall be construed to prohibit or otherwise limit counsel from disclosing confidential information obtained from the juvenile court file of the child as needed to investigate the case of the client or prepare a defense for that client, provided that the disclosure is in furtherance of counsel’s representation of the party.

(h) Anytime that a child commits a violent offense and is adjudicated delinquent, if that child as an adult commits the same or a similar offense, the court records pertaining to the juvenile offense may be used in the prosecution of the adult offense.

(i) This section does not prohibit juvenile courts from communicating with and sharing otherwise confidential information with any court of this state in accordance with Section 26-10E-30 which is currently handling an adoption matter or has entered a final adoption judgment regarding a juvenile. All records shared between the courts are to remain under seal and shall not be shared with the parties or released to the public.
Ala. Code § 12-17-230 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-230
Section 12-17-230 Established; Purpose
Status: in_force

(a) The Office of Prosecution Services is hereby established.

(b) It shall be the purpose of the Office of Prosecution Services to assist the prosecuting attorneys throughout the state in their efforts against criminal activity in the state. Such assistance may include:

(1) The obtaining, preparation, supplementing and dissemination of indexes to and digests of the decisions of the Supreme Court and the Court of Appeals of Alabama and other courts, statutes and other legal authorities relating to criminal matters;

(2) The preparation and distribution of model indictments, search warrants, interrogation advices and other common and appropriate documents employed in the administration of criminal justice at the trial level;

(3) The preparation and distribution of a basic prosecutor’s manual and other educational materials;

(4) The promotion of and assistance in the training of prosecuting attorneys;

(5) The provision of legal research assistance to prosecuting attorneys;

(6) The provision of such assistance to law enforcement agencies as may be lawful; and

(7) The provision of such other assistance to prosecuting attorneys which is necessary for the successful implementation of this article or which hereafter may be authorized by law.
Ala. Code § 12-21-202 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-202
Section 12-21-202 Exclusion of Audience Where Evidence Vulgar, Etc
Status: in_force

In all prosecutions for rape and assault with intent to ravish, the court may, in its discretion, exclude from the courtroom all persons, except such as may be necessary in the conduct of the trial; and, in all other cases where the evidence is vulgar, obscene or relates to the improper acts of the sexes and tends to debauch the morals of the young, the presiding judge shall have the right, by and with the consent and agreement of the defendant, in his discretion and on his own motion, or on the motion of the plaintiffs or defendants or their attorneys, to hear and try the said case after clearing the courtroom of all or any portion of the audience whose presence is not necessary.
Ala. Code § 12-1-22 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-22
Section 12-1-22 Certain Statutes Relative to Judicial Circuits and Court Personnel Continued in Effect
Status: in_force

The adoption of this code shall not repeal or amend any statute in effect on the effective date of this code which is applicable only with respect to one or more judicial circuits of the state, whether such judicial circuits are identified by specific reference thereto, on the basis of population or by any other method of identification or classification; nor shall the adoption of this code be deemed to repeal any general law, general law of local application or local law in effect on the effective date of this code relating to the appointment, election, number, duties, term of office, removal or compensation of any court personnel.
Ala. Code § 12-19-150 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-150
Section 12-19-150 Legislative Intent; Assessment of Fees in Criminal Cases; Submission of Cost Bill by Municipal or District Court Clerk and Making of Final Assessment of Costs in Circuit Court Upon Appeals from Municipal or District Courts to Circuit Courts
Status: in_force

(a) It is hereby declared to be the policy of the state that docket fees and other court costs in criminal cases shall generally be assessed only upon conviction. It is further declared to be the policy of the state that a creditor shall not use the criminal process in order to collect civil debts. The state does recognize that situations will arise from time to time wherein justice may best be served by allowing a judge to enter an order dismissing a case upon the payment of costs by the defendant or by the complainant where the judge has determined that the criminal process has been abused.

(b) Docket fees and other court costs in criminal cases shall be assessed upon conviction; provided that, in the interest of justice, following an arrest or the issuance of a warrant for the arrest of a defendant, a judge may in his or her discretion, on motion of the district attorney or upon his or her own motion, enter an order prior to trial dismissing the case. Such order may be conditioned upon the defendant’s payment of the docket fee and other court costs accruing in the proceeding. It is further provided that such costs may be taxed against any person who has made a complaint upon which a warrant was issued and who subsequently requests that such case be dismissed without just cause or legal excuse. A judge may excuse payment of fees in any case wherein the defendant serves an active jail sentence.

(c) For the purpose of assessing fees in criminal cases, a case shall include all offenses arising out of the same incident. Fees shall be assessed on the basis of the most serious offense of which the defendant is convicted, provided, that the judge, in his or her discretion, may assess costs for each conviction. When two or more defendants are charged in the same indictment or complaint, fees shall be assessed against them separately, as if they had been charged separately.

(d) If an appeal is taken from the district court or the municipal court in a criminal case, the clerk, in making records available to the circuit court, shall submit a cost bill from the district court or municipal court, and the final assessment of cost will be made in circuit court, including unpaid court costs and fees from district, municipal, and circuit courts.
Ala. Code § 12-17-22 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-22
Section 12-17-22 Residence
Status: in_force

Each circuit judge must have resided in the circuit for which he is elected or appointed for at least 12 months preceding his election or appointment and must reside in such circuit during his continuance in office.
Ala. Code § 12-13-6 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-6
Section 12-13-6 When Process of Probate Court May Be Made Returnable
Status: in_force

All executions and other process issuing from the probate court may be made returnable, if no other day is provided by law, not less than three nor more than six months after such issue.
Ala. Code § 12-14-92 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-92
Section 12-14-92 Programs Established Under Local Law
Status: in_force

If, on May 24, 2013, a municipal pretrial diversion program, or an equivalent, has been established by local law, the municipal governing body of the municipality governed by such local law may choose to come under the provisions of this article or continue under the provisions of the local law.
Ala. Code § 12-17-226.18 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.18
Section 12-17-226.18 Ability to Pay Fees or Costs
Status: in_force

Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation, any fees or costs shall not be waived or remitted unless the defendant or party responsible for paying the fees proves to the reasonable satisfaction of the presiding or sentencing judge that the defendant or party is not capable of paying the fees or costs within the reasonably foreseeable future.
Ala. Code § 12-3-12 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-12
Section 12-3-12 Regular Term of Courts
Status: in_force

The regular term of the courts of appeals shall be the same as that of the Supreme Court, but the court may, in its discretion, adjourn from time to time.
Ala. Code § 12-16-80 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-80
Section 12-16-80 Objections Which May Be Taken to Venire of Jurors
Status: in_force

No objection can be taken to any venire of jurors except for fraud in drawing or summoning the jurors.
Ala. Code § 12-23-15 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-15
Section 12-23-15 Indigent Offender Alcohol and Drug Treatment Trust Fund - Established Fee; Sanctions for Failure to Remit Fees
Status: in_force

The Indigent Offender Alcohol and Drug Treatment Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall provide for payment to eligible alcohol and drug treatment programs for treatment and rehabilitation of indigent offenders. This fund shall consist of all moneys paid into the State Treasury to the credit of such fund pursuant to this chapter and all moneys received for the benefit of the Indigent Offender Alcohol and Drug Treatment Trust Fund by legislative appropriation, grant, or otherwise. A fee recommended by the Administrative Office of Courts and approved by the Supreme Court shall be collected from each offender. The fee shall be collected by the court referral officer by the tenth day of each month. The State Treasurer shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust Fund. Failure of a court referral program or court referral officer to remit all fees collected shall be grounds for termination from the program. Additionally, the prosecutor shall be authorized to determine if criminal charges are warranted.
Ala. Code § 12-16-191 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-191
Section 12-16-191 Duty of Grand Juries as to Condition of County Jail, Etc
Status: in_force

It shall be the duty of the grand jury to determine at least once annually the condition of the county jail in regard to its sufficiency for the safekeeping of prisoners and their accommodation and health and to inquire into the manner in which the same has been kept since the last determination. The determination may include a personal inspection and a review of all inspection records of the jail. If it shall be found that such jail is not constructed in the manner prescribed by law and so strongly and securely built as to prevent the escape of prisoners confined therein and properly ventilated, the grand jury shall, as often as may be necessary, present its findings to the district attorney, sheriff and county commission for appropriate action.
Ala. Code § 12-21-2 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-2
Section 12-21-2 Production of Books, Etc., Generally - by Resident Nonparties; Failure to Comply
Status: in_force

(a) When any deed, writing or other document which it may be necessary to use as testimony in any case may be in the possession of any person resident in this state who is not a party to the case, the clerk of the court in which the case is pending shall, upon application of the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed to the person having such book or other document in his possession, requiring him to appear and bring with him into court the paper desired to be used as testimony. Service shall be by a sheriff, constable or some private person, and the official return of the sheriff or constable or the affidavit of such private person shall be sufficient evidence that the same was duly served; but, in all cases, the judge may require the summary production of any book or document by subpoena duces tecum where the witness is able to produce it and where the ends of justice require such summary production.

(b) When a subpoena shall be issued and served as provided in subsection (a) of this section and the person whose attendance is thereby required shall fail to comply with the requisition thereof, the court shall, on motion, issue an attachment against such defaulting person, returnable instantly or to the next term of said court, and shall fine such person in a sum not exceeding $300.00 unless he shall make a sufficient excuse for such failure, to be judged of by the court; but such person shall, nevertheless, be subject to an action at the instance of the party by whom he was subpoenaed, for any damages which such party may have sustained by reason of such failure. If the person so subpoenaed shall, within 10 days after the service of such subpoena, deliver to the party at whose instance the subpoena was issued or his attorney, or file in the office of the court from which such subpoena was issued the paper, the production of which is required by such subpoena, or shall deliver to the said party or his attorney, or shall file in the said office his affidavit that the said paper is not in his power, custody, possession or control and that it was not at the time of serving said subpoena, then such delivery and filing of the paper so sought as aforesaid or of such affidavit shall be considered a full and complete compliance with the requirements of such subpoena duces tecum.
Ala. Code § 12-14-53 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-53
Section 12-14-53 Reimbursement by New Employer for Training Expenses
Status: in_force

In those instances in which a municipal court clerk or municipal court magistrate of any municipality is employed by another municipality within 24 months after completing the certification requirements pursuant to Rule 18 I.(B)(3) of the Alabama Rules of Judicial Administration, the total expense paid by the municipal court clerk’s employer or the municipal court magistrate’s employer to enable the municipal court clerk or municipal court magistrate to become certified, including, but not limited to, salary paid during training, transportation costs paid to the trainee for travel to and from the training facility, room, board, tuition, overtime paid to other employees who fill in for the trainee during his or her absence, and any other related training expenses, shall be reimbursed to the municipality which paid for the training. The municipality which paid for the training shall submit an itemized sworn statement to the new employer of the municipal court clerk or municipal court magistrate, as the case may be, shall demand payment thereof, and may enforce collection of the obligation through civil remedies and procedures. The terms “municipal court clerk” and “municipal court magistrate” refer to those persons appointed pursuant to Rule 18 I.(B)(1) of the Alabama Rules of Judicial Administration.
Ala. Code § 12-22-240 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-240
Section 12-22-240 Consideration of Cases by Court of Criminal Appeals Generally
Status: reserved

In all cases appealable to the Court of Criminal Appeals, the court must consider all questions apparent on the record or reserved in the circuit court and must enter such judgment as the law demands.
Ala. Code § 12-23-3 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-3
Section 12-23-3 Definitions
Status: in_force

For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section:

(1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses, including municipal ordinance violations, in which alcohol and drug abuse is determined from the evidence to have been a factor in the commission of the offense including juveniles charged with possession of controlled substances and adjudicated delinquent.

(2) ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the user, or that of others, is substantially impaired or endangered or the social or economic function of the user is disrupted.

(3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential to the extent that the user has lost the ability of self control, or to the extent that the health, safety, or welfare of the user, or that of others, is substantially impaired or endangered, or the social or economic function of the user is disrupted.

(4) COURT REFERRAL OFFICER PROGRAM. A program established to evaluate defendants’ use of alcohol and/or drugs and to provide assistance to courts in promoting the education and rehabilitation of defendants including juveniles and those granted youthful offender status or convicted of alcohol and/or drug-related offenses.

(5) COURT REFERRAL OFFICERS. Those persons within designated court jurisdictions providing assessment or evaluation of defendants for alcohol and/or drug abuse, recommendations and/or referrals for education or treatment and monitoring for court-ordered compliance.

(6) DUI. Driving or in actual physical control of a vehicle while under the influence of alcohol or drugs as proscribed by Section 32-5A-191, or any other law.

(7) DIVERSIONARY SCREENING. The power of the prosecutor, prior to arraignment, to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken.

(8) PROSECUTORIAL DISCRETION. The discretionary power of a prosecutor to suspend, prior to the arraignment, all formal prosecutorial proceedings against one who has become involved in the criminal justice system as a defendant or an accused.

(9) ACCUSATORY INSTRUMENT. Any complaint, information, or grand jury indictment.

(10) NON-CRIMINAL DISPOSITION. The dismissal of a criminal charge without prejudice to reinstate criminal proceedings on motion of the prosecutor as herein provided.

(11) PRE-TRIAL DIVERSION. The imposition of conditions by the prosecutor upon defendants charged with certain criminal offenses for a specified period of time prior to arraignment.

(12) DEFERRED PROSECUTION. The suspension of prosecution prior to arraignment for a specified period of time upon the request of the accused with the consent of the prosecutor.
Ala. Code § 12-18-59 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-59
Section 12-18-59 Judges’ Disability Benefits
Status: in_force

Any judge retiring pursuant to subdivision (1) of subsection (a) of Section 12-18-55 who has served for 10 years shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the salary payable to the state for the position held at the time of retirement. A disabled judge who has served less than 10 years shall be entitled to receive a monthly benefit equal to 25 percent of the salary payable by the state for the position held at the time of retirement plus 10 percent of such salary for each year of service in excess of five years; provided, that in no event shall such judge receive less than 30 percent of the annual salary being paid to a full-time district court judge by the state at the time of his retirement.
Ala. Code § 12-18-85 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-85
Section 12-18-85 Filing of Declaration as to Intention to Retire with Chief Justice of Supreme Court; Endorsement and Forwarding Thereof by Chief Justice
Status: in_force

Any probate judge of the state who desires to be retired pursuant to this article shall file a written declaration relative to his intention to elect such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.
Ala. Code § 12-26-2 — Alabama Code / Title 12 / Chapter 26 / Section 12-26-2
Section 12-26-2 Exclusions
Status: in_force

This chapter does not do any of the following:

(1) Provide a basis for invalidating a plea, conviction, or sentence.

(2) Provide a cause of action for monetary damages.

(3) Affect any of the following:

a. The responsibilities imposed by the Alabama Sex Offender Registration and Community Notification Act.

b. Any licensure requirements imposed by an interstate compact or other interstate mutual recognition licensure requirements imposed by law to which Alabama is subject, or any licensure requirements imposed by federal law.

c. An attorney’s duty to represent a client.

d. A claim or right of the victim of a criminal offense.

e. A right or remedy under law, other than this chapter, available to an individual convicted of a crime.
Ala. Code § 12-17-225.1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-225.1
Section 12-17-225.1 District Attorneys Authorized to Establish Division
Status: in_force

Any law to the contrary notwithstanding, each district attorney may establish a special division designated the “restitution recovery division” for the administration, collection, and enforcement of court costs, fines, penalty payments, victim compensation assessments, bail bond forfeitures, restitution, or like payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, or judgements entered which have not been otherwise vacated, or judicial relief given from the operation of the order or judgement.
Ala. Code § 12-14-33 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-33
Section 12-14-33 Salary; Retirement
Status: in_force

(a) The salary of the municipal judges shall be fixed from time to time by the municipal governing body and paid by the municipality, but no judge’s salary shall be diminished during his term of office.

(b) A general increase in the compensation of all or substantially all city employees shall be applied proportionately to the salaries of such judges.

(c) The municipality may provide for the retirement of municipal judges, with such conditions, retirement benefits and pensions for them and their dependents as it may prescribe.
Ala. Code § 12-18-14 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-14
Section 12-18-14 Compliance with Qualification Standards
Status: in_force

The Board of Control of the Employees’ Retirement System of Alabama is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the retirement fund as may be necessary to ensure the Judicial Retirement Fund’s compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
Ala. Code § 12-5A-3 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-3
Section 12-5A-3 Juvenile Probation Services Fund
Status: in_force

There is created in the State Treasury a fund to be designated as the Juvenile Probation Services Fund. All funds now or hereafter deposited to the credit of the Juvenile Probation Services Fund shall be expended for the purposes of carrying out the provisions of this chapter which shall include, but not be limited to, providing juvenile probation services for children alleged or adjudged to be delinquent or in need of supervision, salaries and related costs for juvenile probation officers, salaries and related costs for other professional and support staff for juvenile probation services, training and education of juvenile probation officers and staff, research, equipment, printing, supplies, state administrative office support staff, or any other purpose consistent with the purposes of this chapter in counties having a population of 99,000 or less according to the 1990 federal decennial census and for providing salary subsidies for juvenile probation officers in counties having a population of more than 99,000 according to the same census. All funds now or hereafter deposited to the Juvenile Probation Services Fund from appropriations, grants, gifts, donations, bequests, loans, or any other source, public and private, shall be expended for the purposes of carrying out the provisions of this chapter. Notwithstanding the foregoing, no funds shall be withdrawn or expended for any purpose unless the funds have been appropriated by the Legislature and any sums so appropriated shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41. Except for appropriations from the State General Fund or the Education Trust Fund, receipts to the Juvenile Probation Services Fund shall not revert at the end of the fiscal year and shall remain in the fund. Funds from the Juvenile Probation Services Fund shall be appropriated annually to the Unified Judicial System to be expended for the purposes of this chapter or any other purposes specified herein.
Ala. Code § 12-17-112 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-112
Section 12-17-112 Compensation of Registers and Employees in Office of Register
Status: in_force

(a) Each register shall be compensated by the state beginning January 16, 1977. Employees in the office of a register shall be compensated by the state beginning October 1, 1977. Employees in the office of a register compensated at the expense of the individual register shall be continued at their rate of compensation on January 16, 1977, until September 30, 1977, to be paid during that period by the county in which the service is rendered.

(b) When the state assumes responsibility for compensating registers, each shall be paid a salary in lieu of all other fees previously received pursuant to statute or rule, equal to the highest net annual income received for services rendered as register for the three years next preceding January 16, 1977, as certified by the Administrative Director of Courts; provided, that in no event shall the salary of any register be less than the amount established by law as a minimum salary for registers; provided further, that no register who is being paid on a fixed compensation basis on October 10, 1975, shall suffer a reduction in fixed compensation.
Ala. Code § 12-21-144 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-144
Section 12-21-144 Taxation of Costs for Taking of Depositions
Status: in_force

The costs of any deposition introduced, in whole or in part, into evidence at the trial by the party taking it shall be taxed as costs in the case upon the certificate of the person before whom the deposition was taken; the costs of depositions in other cases shall be taxed as costs in the case only if the court so directs.
Ala. Code § 12-14-54 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-54
Section 12-14-54 Certification Program; Continuing Education Requirements
Status: in_force

(a) Each municipal court clerk, within six months after taking office, shall enroll in a municipal court magistrates’ certification program approved by the Administrative Director of Courts. Each municipal court magistrate who is not a municipal court clerk shall enroll in the certification program not later than six months from the date of his or her appointment. Each municipal court magistrate and municipal court clerk shall complete the program in the manner and within the time prescribed by the director and the Administrative Office of Courts. The director shall appoint a Municipal Magistrates’ Certification Program Oversight Committee which shall make educational recommendations to the director for his or her approval. The director shall determine the appropriate administrative sanctions for noncompliance with this section.

(b) After completing the certification program, each municipal court clerk and municipal court magistrate shall meet annual educational requirements prescribed by the Administrative Director of Courts and the Administrative Office of Courts. The director shall determine the appropriate administrative sanctions for noncompliance with this section.
Ala. Code § 12-11-5 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-5
Section 12-11-5 Provision for Regular or Special Sessions of Court
Status: in_force

The presiding circuit judge of each circuit court shall provide, by written direction to the circuit clerk, for the holding of regular or special sessions of the court; provided, that nothing herein contained shall be construed to prevent the transaction of business by the court at times when the court is not in session.
Ala. Code § 12-21-406 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-406
Section 12-21-406 Uniformity of Laws
Status: in_force

(a) In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(b) The privilege extended to persons in other states for discovery under this article shall only apply if the jurisdiction where the action is pending has extended a similar privilege to persons in this state.
Ala. Code § 12-16-222 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-222
Section 12-16-222 Right to Counsel Unaffected; Counsel Prohibited Within Jury
Status: in_force

No provision of this division shall be construed to deny a witness or criminal defendant the right to confer with or be represented by counsel concerning his appearance within or testimony before a duly empaneled grand jury, provided however, nothing contained in this section shall be construed so as to permit or authorize such persons to be accompanied by counsel within a grand jury.
Ala. Code § 12-23-4 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-4
Section 12-23-4 Court Referral Officers or Contracting Entities; Appointment; Supervision by Administrative Director of Courts and Circuit Judges; Compensation; Duties
Status: in_force

(a) The Administrative Director of Courts is authorized to appoint court referral officers or contract with individuals or entities to provide alcohol and drug assessment for courts and to conduct the court referral programs in each court jurisdiction of the state. Such appointments or contracts shall be made or entered into with the advice of the presiding circuit judge. The Administrative Director of Courts shall designate the locations where said court referral programs, court referral officers or contracting entities or individuals shall serve, which designations may be changed from time to time; provided, however, that all appointed court referral officers and approved court referral programs shall serve at the pleasure of the Administrative Director of Courts. Any individual or entity which contracts to conduct the court referral program shall perform all the duties as set out in the statewide policies and procedures manual for court referral programs established by the Administrative Office of Courts or these programs shall meet the national criteria for treatment alternatives to street crimes (TASC) programs. Court referral officers shall work under the general supervision and direction of the Administrative Director of Courts and the judges of the circuit to which they are assigned. Such court referral officers shall be compensated by the state from moneys contained in the alcohol and drug abuse court referral officer trust fund and/or federal grants designated by the Administrative Office of Courts for this purpose. Except for court referral officers currently employed by the Administrative Office of Courts on August 15, 1990, such officers shall not be considered employees of the state for purposes of entitlement to insurance, retirement and other state employee benefits. All such contracts will be null and void unless first reviewed according to Sections 29-2-40 and 29-2-41.

(b) Court referral officers shall be required to perform the following duties:

(1) Attend municipal, district, probate, and circuit courts as needed;

(2) Screen and evaluate all defendants ordered by the prosecutor or trial courts to participate and to recommend to the court appropriate educational and/or rehabilitative programs for such defendants;

(3) Develop and maintain a file on each defendant assigned to the court referral officer, which shall include, but shall not be limited to, information taken from arrest records, test scores, results of chemical blood alcohol tests, drug screens and other personal data;

(4) Continuously monitor defendants who are ordered to complete alcohol and/or drug related educational or rehabilitative programs and to report violations of such orders to the prosecutor or court;

(5) Provide such information and reports on defendants assigned to the court referral officer as may be required by the prosecutor, ordering court or the Administrative Director of Courts;

(6) Provide information or education on the court referral program to judges, clerks, law enforcement personnel, prosecutors and the general public;

(7) Collect and report statistics, data, and other information pertaining to the court referral program and alcohol and drug related offenses as required by the Administrative Director of Courts or area judge(s);

(8) Collect and report information to the courts concerning results of urine screens, drug testing or other appropriate evaluative measures; and

(9) Perform such other duties or functions to further the purposes of this chapter as may be directed by the court which they serve or the Administrative Director of Courts.
Ala. Code § 12-23-11 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-11
Section 12-23-11 Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose of Expenditures; Effect on Other Appropriations
Status: in_force

Moneys contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund shall be expended by the Administrative Director of Courts for purposes set out in Section 12-23-4. Appropriations heretofore or hereafter made to the Unified Judicial System shall not be reduced by the amount of any funds contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund.
Ala. Code § 12-18-91 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-91
Section 12-18-91 Effective Date
Status: in_force

The provisions of this article shall become effective on October 1, 1976, unless otherwise provided in this article. No contributions shall be paid, no elections shall be made, and no benefits shall accrue under this article until October 1, 1976, unless otherwise provided in this article.
Ala. Code § 12-16-150 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-150
Section 12-16-150 Challenges of Jurors for Cause - Grounds Generally
Status: in_force

It is good ground for challenge of a juror by either party:

(1) That the person has not been a resident householder or freeholder of the county for the last preceding six months.

(2) That he is not a citizen of Alabama.

(3) That he has been indicted within the last 12 months for felony or an offense of the same character as that with which the defendant is charged.

(4) That he is connected by consanguinity within the ninth degree, or by affinity within the fifth degree, computed according to the rules of the civil law, either with the defendant or with the prosecutor or the person alleged to be injured.

(5) That he has been convicted of a felony.

(6) That he has an interest in the conviction or acquittal of the defendant or has made any promise or given any assurance that he will convict or acquit the defendant.

(7) That he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.

(8) That he is under 19 years of age.

(9) That he is of unsound mind.

(10) That he is a witness for the other party.

(11) That the juror, in any civil case, is plaintiff or defendant in a case which stands for trial during the week he is challenged or is related by consanguinity within the ninth degree or by affinity within the fifth degree, computed according to the rules of the civil law, to any attorney in the case to be tried or is a partner in business with any party to such case.

(12) That the juror, in any civil case, is an officer, employee or stockholder of or, in case of a mutual company, is the holder of a policy of insurance with an insurance company indemnifying any party to the case against liability in whole or in part or holding a subrogation claim to any portion of the proceeds of the claim sued on or being otherwise financially interested in the result of the case.
Ala. Code § 12-23A-5 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-5
Section 12-23A-5 Confidentiality of Information; Ineligibility for Admission; Evaluation and Eligibility Criteria
Status: in_force

(a) Anyone receiving drug or substance test results, a screening, an assessment, or other personal medical information shall maintain that information in accordance with federal and state confidentiality laws.

(b) An offender shall not be eligible for admission into an accountability court program if:

(1) The offender has a pending violent criminal charge against him or her or any felony charge in which a firearm or deadly weapon or dangerous instrument was used;

(2) The offender has been convicted of a violent felony offense or any felony in which a firearm or deadly weapon or dangerous instrument was used or adjudicated as a youthful offender or delinquent as a juvenile of a violent felony offense or any felony in which a firearm or deadly weapon or dangerous instrument was used;

(3) The offender is required to register as a sex offender or currently charged with a felony sex offense; or

(4) The offender is charged with distribution, manufacturing, or trafficking of a controlled substance.

(c) Eligible offenses may be further restricted by the rules of a specific local accountability court program.

(d) The Commissioner of the Department of Corrections shall develop criteria regarding the evaluation and eligibility of an inmate for early release into a reentry accountability court program consistent with the requirements of subsection (b).
Ala. Code § 12-15-104 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-104
Section 12-15-104 Advisory Boards
Status: in_force

(a) The presiding juvenile court judge may appoint not less than five nor more than 25 citizens of the county, known for their interest in the welfare of children, who shall serve without compensation, to constitute and be the advisory board of the juvenile court in matters relating to the welfare of children. The membership of the advisory board shall be inclusive and reflect the racial, gender, geographic, urban or rural, and economic diversity of the county. The advisory board shall organize by electing officers and by adopting bylaws, rules, and regulations for its government as it shall deem best for the purposes of this chapter. The board shall hold office at the pleasure of the juvenile court or of the judge thereof.

(b) The duties of the advisory board shall be as follows:

(1) To assist the juvenile court in securing the services of volunteer juvenile probation officers when the services of those officers shall be deemed necessary or desirable.

(2) To visit institutions which are charged with caring for children and, whenever practicable, other institutions to which the juvenile court from time to time may award legal custody.

(3) To advise and cooperate with the juvenile court upon all matters relating to the welfare of children.

(4) To recommend to the juvenile court any and all needful measures for the purpose of carrying out the provisions and intent of this chapter and to make themselves familiar with the work of the juvenile court pursuant to this chapter.

(5) To make, from time to time, a report to the public of the work of the juvenile court.
Ala. Code § 12-19-75 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-75
Section 12-19-75 Circuit and District Court Attachment, Garnishment, and Execution Fees
Status: in_force

(a) In civil cases in circuit court and district court there shall be collected a fee for the initiation of each of the following postjudgment proceedings: Attachment, garnishment, and execution. The fee for such proceeding shall be paid at the time the proceeding is initiated.

(b) The amounts of the postjudgment fees shall be as follows:

(1) Twenty-eight dollars ($28) for attachment;

(2) Twenty-eight dollars ($28) for garnishment; and

(3) Twenty-eight dollars ($28) for execution.

(c) The postjudgment fees collected in civil cases shall be distributed as follows:

(1) Twenty-two dollars seventy-five cents ($22.75) of the attachment fee to the State General Fund, ten dollars seventy-five cents ($10.75) of which shall be for judicial and public safety functions; five dollars twenty-five cents ($5.25) of the attachment fee to the county general fund.

(2) Twenty-two dollars seventy-five cents ($22.75) of the garnishment fee to the State General Fund, ten dollars seventy-five cents ($10.75) of which shall be for judicial and public safety functions; five dollars twenty-five cents ($5.25) of the garnishment fee to the county general fund.

(3) Twenty-one dollars forty cents ($21.40) of the execution fee to the State General Fund, sixteen dollars forty cents ($16.40) of which shall be for judicial and public safety functions; six dollars sixty cents ($6.60) of the execution fee to the county general fund.
Ala. Code § 12-2-70 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-70
Section 12-2-70 Appointment
Status: in_force

The Chief Justice and each associate justice of the Supreme Court are hereby authorized to appoint one law clerk to assist the appointing justice in the performance of his duties.
Ala. Code § 12-18-41 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-41
Section 12-18-41 Prior Creditable Service as District or County Court Judge
Status: in_force

Any person with service as a judge of a district court who assumes the office of circuit judge or as a justice of the Supreme Court or judge of a court of appeals shall be entitled to receive creditable service for such time served as judge of a district or county court for inclusion toward retirement under Title 12, Chapter 18, Articles 1 and 2.
Ala. Code § 12-21-4 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-4
Section 12-21-4 Taking of Affidavits Outside State
Status: in_force

Affidavits required in the commencement or progress of any action or judicial proceedings may be taken without this state before any commissioner appointed by the Governor of this state, any judge or clerk of a federal court, any judge or clerk of any court of record or any notary public, who shall certify under their hands and seals of office, if any.
Ala. Code § 12-10-5 — Alabama Code / Title 12 / Chapter 10 / Section 12-10-5
Section 12-10-5 When Recommendations May Be Submitted to Legislature; Recommendations to Become Law Upon Adjournment of Legislative Session to Which Submitted Unless Rejected or Altered by Legislative Act; Recordation and Publication Thereof
Status: in_force

(a) The commission may submit recommendations in the form of a report to the Legislature at any time within the first five calendar days of any session.

(b) Unless rejected by a joint resolution or altered by act of the Legislature at the session to which the report is submitted, the recommendations of the commission shall become law upon the adjournment of that session of the Legislature.

(c) Upon adjournment, the recommendations that have become law shall become effective immediately and shall be recorded and published as other laws.
Ala. Code § 12-1-4 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-4
Section 12-1-4 Transfer of Cases Improperly Submitted to Supreme Court or Courts of Appeals
Status: in_force

When any case is submitted to the Supreme Court which should have gone to one of the courts of appeals or is submitted to one court of appeals when it should have gone to the other, it must not be dismissed but shall be transferred to the proper court; and, when any case is submitted to a court of appeals which should have gone to the Supreme Court, it shall be transferred to the Supreme Court.
Ala. Code § 12-21-407 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-407
Section 12-21-407 Application of Article
Status: in_force

This article applies to requests for discovery in cases pending on or filed after January 1, 2013.
Ala. Code § 12-18-163 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-163
Section 12-18-163 Admissibility of Evidence
Status: in_force

Official copies of records or documents maintained on microfilm, microfiche, or other photo-reproductive material of archival quality by the Employees’ Retirement System shall be admissible as primary evidence in any legal, judicial, or administrative proceeding or action for the purpose of proving the truth of the contents of the photo-reproduced copies of such records or documents, regardless of any rule of evidence or law relating to the proof of such matters, provided the Secretary-Treasurer of the Employees’ Retirement System of Alabama certifies on such copies offered into evidence that the Employees’ Retirement System of Alabama is not in possession of the original and that the copy is a true and correct representation of the original.
Ala. Code § 12-19-98 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-98
Section 12-19-98 Fees, Etc., for Keeping Indexes Not Allowed
Status: in_force

Clerks of the circuit courts and registers of the circuit courts are prohibited from receiving any fees or allowances out of the county treasury for keeping direct and reverse indexes to books and records required by law.
Ala. Code § 12-6-2 — Alabama Code / Title 12 / Chapter 6 / Section 12-6-2
Section 12-6-2 Assistant Executive Director
Status: in_force

(a) The Judicial Inquiry Commission may employ an assistant executive director. The commission shall set the salary of the assistant executive director, who shall serve at the pleasure of the commission and be in the unclassified service of the state.

(b) The employment of an assistant executive director pursuant to this section shall be in lieu of the filling of an administrative position authorized in the classified service on July 1, 2006.
Ala. Code § 12-5A-7 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-7
Section 12-5A-7 Juvenile Probation Officers - Allocation by Population
Status: in_force

On or after October 1, 1999, the allocation of positions or salary subsidies in juvenile probation services shall be as follows:

(1) In counties having a population of more than 99,000 according to the 1990 federal decennial census, the Administrative Office of Courts shall provide salary subsidies for juvenile probation officers on the basis of one salary subsidy per 15,000 population or fraction thereof. Provided, however, if legislation is enacted to provide additional salary subsidies for additional juvenile probation officers, the salary subsidy ratio as provided herein shall be adjusted accordingly. The Administrative Office of Courts shall expend funds to provide a salary subsidy in accordance with subsection (b) of Section 12-5A-5. This subsidy shall be paid to the counties only for juvenile probation officers authorized and employed. Employment for purposes of this subsection includes temporary vacancies of 30 days or less. Salary rates and ranges for juvenile probation officers in these counties shall be established by county personnel boards, county commissions, or any other local entity, but shall reflect a minimum salary of twenty-two thousand dollars ($22,000). Nothing herein shall be construed to prohibit any juvenile probation officer from being covered by the provisions of any local act establishing a local merit system or personnel board in counties having a population of more than 99,000 according to the 1990 federal decennial census.

(2) The juvenile court in counties having a population of more than 99,000 according to the 1990 federal decennial census may appoint one or more juvenile probation officers, as authorized by law and certified by the Administrative Office of Courts, who shall serve at the pleasure of the court. If more than one juvenile probation officer is appointed, one may be designated by the court as the chief probation officer or director of juvenile probation services. The chief probation officer or director of juvenile probation services shall be responsible for the administration of juvenile probation services under the direction of the court.

(3) In counties having a population of 99,000 or less according to the 1990 federal decennial census, the Administrative Director of Courts shall consult with each juvenile court judge and the presiding circuit court judge to determine the need for juvenile probation officers and other staff to support the juvenile probation services within that county. The Administrative Director of Courts shall develop a statewide assessment for juvenile probation services and criteria for allocating juvenile probation officers and other staff in counties having a population of 99,000 or less according to the 1990 federal decennial census. Based upon the statewide allocation criteria, juvenile probation officer and support staff positions shall be allocated to each county by the Administrative Director of Courts. After the effective date for the transition of a county, the presiding juvenile court judge may appoint juvenile probation officers and other support staff to positions approved by the Administrative Director of Courts based upon the allocation criteria for the proper functioning of the juvenile court within the county and subject to funding available at the time of the appointment. The implementation of an allocation formula based upon the statewide assessment and the criteria for allocation shall not affect those persons serving as juvenile probation officers or juvenile probation staff on the effective date of this chapter.
Ala. Code § 12-2-160 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-160
Section 12-2-160 Justices to Make Rules for Preservation and Protection of Libraries
Status: in_force

The justices of the Supreme Court must make such rules as they deem necessary for the preservation and protection of the libraries.
Ala. Code § 12-22-242 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-242
Section 12-22-242 Reversal of Judgment
Status: in_force

If the judgment is reversed, the appellate court may order a new trial or that the defendant be discharged or that he be held in custody until discharged by due course of law or make such other order as the case may require. If the defendant is ordered to be discharged, no forfeiture can be taken on his undertaking of bail.
Ala. Code § 12-13-36 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-36
Section 12-13-36 Offices and Office Hours
Status: in_force

The probate judge shall keep his office at the courthouse, and, unless otherwise provided by a local law, the office of the probate judge shall be kept open for transaction of business on every day, except Sundays and legal holidays, from 9:00 A.M. until 4:00 P.M.
Ala. Code § 12-16-195 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-195
Section 12-16-195 Examination of Books and Papers of County Superintendent of Education by District Attorney and Grand Jury
Status: in_force

It shall be the duty of the district attorney and the grand jury at every session of the circuit court to examine the books and papers of the county superintendent of education.
Ala. Code § 12-17-226.8 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.8
Section 12-17-226.8 Fees
Status: in_force

(a) An offender may be assessed an administration fee when he or she is approved for a pretrial diversion program established under this division. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim’s compensation fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatments required by law, restitution, or costs of supervision or treatment. A schedule of payments for any of these fees may be established by the district attorney.

(b) The amount of the administration fee shall be determined by the district attorney. The administration fees shall not exceed the amount assessed for a first offense pursuant to Section 13A-12-281(a) for each case for which the offender makes application for acceptance into the pretrial diversion program.

(c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay pretrial diversion program fees. Fees established by this division may be waived or reduced for just cause, including indigency of the applicant.

(2) If an offender, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the defendant or the party responsible for paying any fees or costs proves to the reasonable satisfaction of the judge presiding or sentencing judge that the defendant or party is not capable of paying the same within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender’s indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.

(d) Administration fees required by this division shall be collected by the district attorney’s office or, if by agreement of the district attorney and the circuit clerk, the circuit clerk in the county of the judicial circuit in which the offense was filed may collect the fee. All pretrial diversion program fees under this division shall be deposited in a timely manner by the district attorney into the District Attorney’s Solicitor Fund pursuant to Section 12-17-226.11. The district attorney shall make the deposits in a timely manner, pursuant to commonly accepted accounting practices. The District Attorney’s Solicitor Fund shall be subject to regular audits by the Department of Examiners of Public Accounts.

(e)(1) Notwithstanding Section 12-17-226.11, twenty-five dollars ($25) of the administration fee shall be allocated to the appropriate circuit or district court clerk and shall be available for use at the discretion of the clerk to support the office of the clerk in the same way and manner as monies received from or through the District Attorney’s Restitution Recovery Unit.

(2) Notwithstanding Section 12-17-226.11, in pretrial diversion cases arising out of circuit or district court, five dollars ($5) of the administration fee shall be allocated to the Victims of Crime and Leniency and shall be available for use at the discretion of the program to support its services.

(f) The fees allocated to the circuit clerk shall be disbursed to the Restitution Recovery Fund of the Clerk as established pursuant to Section 12-17-225.4(2). Funds deposited into the Restitution Recovery Fund shall be kept and maintained by the clerk to be available for use, at the discretion of the clerk, to support the functions of the office of the clerk and shall be in addition to the amount allocated to the Unified Judicial System for the clerks. Funds retained by the clerk shall not reduce the amount payable to the clerk under any local act or reduce or affect the amounts of funding allocated by the Administrative Office of Courts to the budgets of the clerks.

(g) Fees allocated or funds retained by the district attorney and deposited into the District Attorney’s Solicitor Fund shall be kept and maintained by the district attorney to be available for use, at the discretion of the district attorney, as prescribed by this division or for any other legitimate law enforcement purposes or to support the functions of the office of the district attorney. The funds shall be in addition to the amount allocated to the district attorney pursuant to this division or any other act, grant, fee, assessment, fine, restitution, other monies, or alternative funding retained by the district attorney, and shall not reduce the amount payable to the district attorney of funding allocated by the State of Alabama to the budget of the district attorney.
Ala. Code § 12-13-37 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-37
Section 12-13-37 Appointment of Special Judge When Probate Judge Incompetent, Absent, Sick, Etc., Generally; Powers and Duties of Special Judge and Force, Effect, Etc., of Judgments, Orders and Decrees Thereof
Status: in_force

If in any matter or proceeding arising in the probate court or in reference to which the judge thereof is required to exercise jurisdiction or authority or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency, absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications of a probate judge to act as special probate judge.

Such special judge in relation to such matter or proceeding shall have the jurisdiction and authority and discharge the duties of the probate judge, and the judgments, orders and decrees made or rendered by him shall be entered on the records of such court and shall have the force and effect and shall be subject to revision on appeal or by other revisory remedy, of judgments, orders and decrees of such probate court.
Ala. Code § 12-17-215 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-215
Section 12-17-215 Compensation; Term of Office; Impeachment
Status: in_force

(a) The salary of each supernumerary district attorney shall be an amount equal to $500.00 less than the salary paid by the state to supernumerary circuit judges and shall be paid as other district attorneys’ salaries are now paid, for the payment of which an appropriation is hereby made. Such supernumerary district attorney shall hold office during good behavior of such supernumerary district attorney and may be removed only by impeachment for the causes specified in the Constitution of Alabama.

(b) The repeal of laws providing for supernumerary judges as provided in Section 12-17-40 shall not affect the compensation paid supernumerary district attorneys. The method for computing said compensation will continue with full force and effect as if the laws regarding supernumerary circuit judges were still in effect.
Ala. Code § 12-19-273 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-273
Section 12-19-273 Court to Exercise Sound Discretion and Specifically Set Forth Reasons for Award; Factors to Be Considered
Status: in_force

In determining the amount of an award of costs or attorneys’ fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys’ fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorneys’ fees and costs and the amount to be assessed:

(1) The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted;

(2) The extent of any effort made after the commencement of an action to reduce the number of claims being asserted or to dismiss claims that have been found not to be valid;

(3) The availability of facts to assist in determining the validity of an action, claim or defense;

(4) The relative financial position of the parties involved;

(5) Whether or not the action was prosecuted or defended, in whole or in part, in bad faith or for improper purpose;

(6) Whether or not issues of fact, determinative of the validity of a parties’ claim or defense, were reasonably in conflict;

(7) The extent to which the party prevailed with respect to the amount of and number of claims or defenses in controversy;

(8) The extent to which any action, claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in the state, which purpose was made known to the court at the time of filing;

(9) The amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court;

(10) The extent to which a reasonable effort was made to determine prior to the time of filing of an action or claim that all parties sued or joined were proper parties owing a legally defined duty to any party or parties asserting the claim or action;

(11) The extent of any effort made after the commencement of an action to reduce the number of parties in the action; and

(12) The period of time available to the attorney for the party asserting any defense before such defense was interposed.
Ala. Code § 12-21-68 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-68
Section 12-21-68 Proof of Publication of Notice
Status: in_force

The publication of any notice in a newspaper, when required by law or by order of court, may be proved by the production of a copy of the notice, with the affidavit of the printer, clerk or superintendent of the newspaper specifying the respective numbers and dates of the newspaper in which publication was made, and such affidavit shall be evidence.
Ala. Code § 12-23-2 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-2
Section 12-23-2 Legislative Findings and Intent
Status: in_force

The Legislature finds that the high incidence of crimes which directly involve alcohol and drugs in this state is intolerable; that the problems of alcohol and drug abuse among the citizens of Alabama are extensive and exist at an unacceptable level; that alcohol and/or drug abuse or dependency have been identified as contributing factors in the commission of many crimes; that a concentrated and coordinated state and local effort is needed to address the needs of Alabamians regarding such problems; that a specialized system for screening, evaluating, educating, and rehabilitating defendants convicted of alcohol and drug related offenses is required to address such problems; and that adequate funding should be provided for this purpose. It is therefore the intent of the Legislature:

To establish a specialized court referral officer program to promote the evaluation, education and rehabilitation of persons whose use or dependency on alcohol or drugs directly or indirectly contributed to the commission of an offense for which they were convicted in state or municipal courts and to establish mandatory alcohol and drug abuse treatment programs to provide treatment and rehabilitation for these identified offenders.
Ala. Code § 12-15-113 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-113
Section 12-15-113 Jurisdiction to Make a Parent or Parents, Legal Guardians, or Legal Custodians Parties to Juvenile Court Proceedings
Status: in_force

A juvenile court shall have the authority to make a parent, legal guardian, or legal custodian a party to a juvenile court proceeding pursuant to procedures established by the Alabama Rules of Juvenile Procedure.
Ala. Code § 12-15-139 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-139
Section 12-15-139 Requisites for Order; Notice and Hearing; Evidentiary Standard; Showing of Necessity to Protect Health or Safety of Child Subject to a Juvenile Court Proceeding, Best Interests of the Child
Status: in_force

A protection or restraint order may be issued by the juvenile court, after notice and a hearing, upon proper showing by a preponderance of the evidence that an order is necessary to protect the health or safety of the child subject to a juvenile court proceeding or is otherwise in the best interests of the child.
Ala. Code § 12-19-174 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-174
Section 12-19-174 Distribution of Docket Fees - Felony Cases in Circuit Court
Status: in_force

(a) The following distribution shall be made of docket fees for felony cases in circuit court:

(1) Ten dollars ($10) to the Peace Officers’ Annuity Fund.

(2) Sixteen dollars ($16) to the Fair Trial Tax Fund.

(3) One hundred four dollars ($104) to the State General Fund.

(4) Five dollars ($5) to the county general fund.

(5) An arrest fee of five dollars ($5) to the State General Fund or to the state funds prescribed by law; except, that in cases initiated by county law enforcement officers, the arrest fee shall be distributed to the county general fund.

(6) Thirty dollars ($30) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.

(7) Ten dollars ($10) to the Peace Officers’ Standards and Training Fund.

(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.

(b) The additional five dollars ($5) assessed and collected in felony cases effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
Ala. Code § 12-17-226.14 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.14
Section 12-17-226.14 Funding of Program
Status: in_force

A pretrial diversion program established under this division may apply for grants, may accept donations from individuals or corporations, and may receive funding or appropriations from city, county, or state agencies or departments to be used in the maintenance or expansion of the pretrial diversion program. Absent an express agreement between the county commission, sheriff, and district attorney, no county commission or any of its departments or agencies shall be required to participate in, or provide funding for, any pretrial diversion program established under this division.
Ala. Code § 12-17-203 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-203
Section 12-17-203 Eligibility
Status: reserved

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
Ala. Code § 12-26-1 — Alabama Code / Title 12 / Chapter 26 / Section 12-26-1
Section 12-26-1 Definitions
Status: in_force

As used in this chapter, the following terms have the following meanings:

(1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to engage in a particular occupation. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court, or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification Act.

(2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an individual convicted of a crime serves time in the jurisdictional custody of the state, including, but not limited to, a prison term, jail term, or community corrections sentence.

(3) ORDER OF THE LIMITED RELIEF or ORDER. An order concerning an individual convicted of a crime by a court of conviction that relieves the individual from some or all of the collateral consequences associated with that conviction within this state.
Ala. Code § 12-21-70 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-70
Section 12-21-70 Authentication of Foreign State, Territory, or Country’s Legislative Acts; Effect Thereof
Status: in_force

The acts of the legislature of any state or territory or of any country subject to the jurisdiction of the United States shall be authenticated by having the seals of such state, territory or country affixed thereto. The record and judicial proceedings of the courts of any state or territory or of any such country shall be proved or admitted in any other court within the United States by the attestation of the clerk and the seal of the court annexed, if there is a seal, together with a certificate of the judge, Chief Justice or presiding magistrate that the said attestation is in due form. The said records and judicial proceedings so authenticated shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
Ala. Code § 12-2-15 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-15
Section 12-2-15 Minutes of Court and Reports of Decisions to State Names of Judges Sitting in Final Decision of Cases
Status: in_force

The minutes of the court and the reports of its decisions shall state the names of the judges sitting in the final decision of cases.
Ala. Code § 12-12-30 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-30
Section 12-12-30 Civil Jurisdiction Generally
Status: in_force

The original civil jurisdiction of the district court of Alabama shall be uniform throughout the state, concurrent with the circuit court, except as otherwise provided, and shall include all civil actions in which the matter in controversy does not exceed twenty thousand dollars ($20,000), exclusive of interest and costs, and civil actions based on unlawful detainer; except, that the district court shall not exercise jurisdiction over any of the following matters:

(1) Actions seeking equitable relief other than:

a. Equitable questions arising in juvenile cases within the jurisdiction of the district court.

b. Equitable defenses asserted or compulsory counterclaims filed by any party in any civil action within the jurisdiction of the district court.

(2) Any actions enumerated in Rule 81 of the Alabama Rules of Civil Procedure other than any of the following:

a. Actions based in negligence against municipalities.

b. Actions seeking substitution of lost or destroyed records or instruments.

c. Summary motion proceedings.

d. Relieving disabilities of nonage.

(3) Actions seeking declaratory judgments.

(4) Appeals from probate or municipal courts.
Ala. Code § 12-17-226.16 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.16
Section 12-17-226.16 Utilization of Community Programs and Drug Court Programs; Election to Opt into This Division
Status: in_force

(a) A district attorney, to the extent practicable, may enter into an agreement with a community correction entity, to utilize the services of existing community corrections programs established pursuant to Section 15-18-170, or faith based community programs, which are certified by the Alabama Department of Mental Health, to provide for the supervision of defendants participating in a pretrial diversion program established under this division. The district attorney may enter into an agreement with a drug court entity to utilize the services of existing certified drug court programs established pursuant to Section 12-23A-4, provided that the district attorney determines it would serve the best interest of justice and the community.

(b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11, if, upon enactment of this legislation, a pretrial diversion program, or an equivalent, has been established in the judicial circuit by local law, with regard only to a pretrial diversion program in a circuit court or district court, the district attorney may choose to adopt this division in its entirety or any portion or portions that the district attorney believes would best serve the interest of justice and the community.

(c) If, pursuant to subsection (b), a district attorney elects to opt into any provision or provisions of this division, he or she must file such an election with the Office of Prosecution Services.
Ala. Code § 12-2-21 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-21
Section 12-2-21 Appointment, Compensation, Etc., of Staff Attorneys
Status: in_force

The Alabama Supreme Court is hereby authorized to hire six staff attorneys to assist that court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by the court. The staff attorneys shall be licensed to practice law in the State of Alabama and shall be appointed by and serve at the pleasure of the court. The salaries of each staff attorney shall be fixed within the range of the proper classification of attorneys under the merit system as may be determined by the Supreme Court. Said staff attorneys shall be subject to the Merit System Act only as to the pay plan selected for them by the Supreme Court.
Ala. Code § 12-14-1 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-1
Section 12-14-1 Establishment; Jurisdiction
Status: in_force

(a) There is hereby established, effective December 27, 1977, for each municipal corporation, hereinafter referred to in this chapter as “municipality,” within the state, except those which elect not to have such courts by ordinance adopted before December 27, 1977, a municipal court subject to the authority, conditions and limitations provided by law.

(b) The municipal court shall have jurisdiction of all prosecutions for the breach of the ordinances of the municipality within its police jurisdiction.

(c) The municipal court shall have concurrent jurisdiction with the district court of all acts constituting violations of state law committed within the police jurisdiction of the municipality which may be prosecuted as breaches of municipal ordinances.
Ala. Code § 12-15-202 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-202
Section 12-15-202 Rights of the Child
Status: in_force

(a) Rights of the child when taken into custody. When a child is taken into custody, the person taking the child into custody shall inform the child of all of the following, in language understandable to the child:

(1) The reason that the child is being taken into custody.

(2) That the child has the right to communicate with his or her parent, legal guardian, or legal custodian whether or not that person is present. If necessary, reasonable means will be provided for the child to do so.

(3) The child has the right to communicate with an attorney. If the child does not have an attorney, one will be appointed for him or her. If the child has an attorney who is not present, reasonable means shall be provided for the child to communicate with the attorney.

(b) Rights of the child before being questioned while in custody. Before the child is questioned about anything concerning the charge on which the child was taken into custody, the person asking the questions shall inform the child of the following rights:

(1) That the child has the right to a child’s attorney.

(2) That if the child is unable to pay for a child’s attorney and if the parent, legal guardian, or legal custodian of the child has not provided a child’s attorney, one will be appointed.

(3) That the child is not required to say anything and that anything the child says may be used against the child.

(4) That the child has a right to communicate with his or her parent, legal guardian, or legal custodian, whether or not that person is present. If necessary, reasonable means will be provided for the child to do so.

(5) That even if the child’s attorney is not present or has not yet been appointed, the child has the right to communicate with him or her and that, if necessary, reasonable means will be provided for the child to do so.

(c) When a child is brought to the juvenile court intake office or delivered to a juvenile detention facility or shelter care facility, the juvenile court intake officer or person in charge of the facility shall immediately inform the child of the following:

(1) The reason for the detention of the child.

(2) The right of the child to a hearing to determine if continued detention or shelter care is needed as provided in this article.

(3) That the parent, legal guardian, or legal custodian will be informed of the whereabouts of the child and the reason for the detention of the child.

(d) Rights of the child upon detention in a juvenile court intake office or juvenile detention facility or shelter care facility. When a child is detained pursuant to subsection (c), the person in charge of the juvenile court intake office or the facility shall notify the child of the rights of the child as set out in subsection (b).

(1) The person in charge of the juvenile court intake office or the juvenile detention facility, in the most expeditious manner possible, shall ensure that the parent, legal guardian, or legal custodian of the child is notified of the whereabouts of the child and the reason for the detention of the child. Except in the situation provided herein, the person in charge shall also inform the parent, legal guardian, or legal custodian of the child of the rights of the child and of the right of the parent, legal guardian, or legal custodian to be represented by counsel. The parent, legal guardian, or legal custodian shall also be informed of the right of the child to remain silent. However, if the child has been read his or her rights, understands those rights, and knowingly, voluntarily, and intelligently waives those rights, then it is not necessary that the parent, legal guardian, or legal custodian be notified of the rights of the child or be present during the interrogation. This notification to the parent, legal guardian, or legal custodian, if practicable, shall be made in person or by telephone; otherwise, the communication shall be by the best means practicable.

(2) A written statement containing the information in subdivision (1) shall be given to the parent, legal guardian, or legal custodian of the child at the first meeting with the juvenile court intake officer or person in charge of the facility. If the parent, legal guardian, or legal custodian does not appear at the facility within 24 hours after the placement of the child in the facility, or if the parent, legal guardian, or legal custodian fails to attend the detention or shelter care hearing, this written statement shall be mailed if an address may reasonably be ascertained.

(e) Rights of parties once a petition is filed. If a petition has been filed, the parties shall be informed of their rights as set out in subsections (b) and (d). Additionally, the juvenile court judge or referee shall inform the parties at the commencement of the detention or shelter or other care hearing of the contents of the petition and all of the parties shall be given an opportunity to admit or deny the allegations of the petition.

(f) Additional rights of the child include all of the following:

(1) The child has a right to be represented by a child’s attorney at all stages of a juvenile court proceeding under this article.

a. In any proceeding in which there is a possibility that the child may be placed in an institution in which the freedom of the child may be curtailed, and in which proceeding a child’s attorney has not been retained, a child’s attorney shall be appointed for the child.

b. In all other juvenile court proceedings, the juvenile court may appoint a child’s attorney in any case upon request or when it deems the appointment to be in the interests of justice.

c. In addition to those duties referenced in subdivision (5) of Section 12-15-102, the duties of a child’s attorney include, but are not limited to, the following:

1. Irrespective of the age of the child, meet with the child prior to juvenile court hearings, when apprised of emergencies or significant events impacting on the child, and as necessary to prepare for the juvenile court proceeding. The child’s attorney shall explain, in terms understandable to the child, what is expected to happen at each stage of the proceedings, as well as the rights of the child at each stage of the proceedings.

2. Conduct a prompt, thorough, and independent investigation of the facts, the health, family, social history, and educational background of the child, possible defenses, and applicable law, and seek discovery from the prosecution.

3. Based upon the investigation, advise the child, in terms he or she can understand, as to his or her options for proceeding in the case and the likely outcomes of the various courses of action. Conduct the defense in accordance with the expressed interests of the client regarding whether to seek release from detention, whether to admit or deny the allegations, whether to testify, whether to enter into a negotiated settlement, whether to appeal, whether to accept or oppose a recommended disposition, and the overall goals of the representation.

4. Attend all hearings scheduled by the juvenile court and file all necessary pleadings and motions to promote the expressed interests of the child and protect his or her rights.

5. Maintain familiarity with the dispositional resources available through the juvenile court and in the community, and recommend appropriate services to the child and the family. Advocate in the dispositional process to protect the rights of the client, meet the goals of the representation, and ensure that the juvenile court is aware of any special needs of the child that should be addressed in the dispositional process.

(2) The child, through a child’s attorney, has the right to cross-examine witnesses.

(3) The child has the right to confront all witnesses against the child, subject to limitations recognized by the United States Supreme Court.

(4) The child shall be furnished a transcript on appeal. If the child or the parent, legal guardian, or legal custodian of the child cannot afford a transcript, the juvenile court shall order that the transcript be paid for out of funds set aside for this purpose.
Ala. Code § 12-21-223 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-223
Section 12-21-223 Discharged Codefendant as Witness for Prosecution
Status: in_force

When two or more defendants are jointly indicted, the court may, at any time before the evidence for the defense has commenced, order any defendant to be discharged from the indictment in order that he may be a witness for the prosecution, and such order operates as an acquittal of such defendant, provided he does testify.
Ala. Code § 12-11A-7 — Alabama Code / Title 12 / Chapter 11A / Section 12-11A-7
Section 12-11A-7 Time and Place of Hearing; Notice
Status: in_force

(a) A case heard by a private judge may be heard:

(1) At any time.

(2) At any place in Alabama.

(b) A private judge under this chapter shall provide to the clerk of the court in which the case was filed the dates, times, and places of any proceeding that could result in a judgment. The notice shall be provided to the clerk and entered in the clerk’s records at least three days before the proceeding is conducted.
Ala. Code § 12-19-2 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-2
Section 12-19-2 Continuation of Financial Support by Counties from January 16, 1977, through September 30, 1977
Status: in_force

(a) All counties shall continue from January 16, 1977, through September 30, 1977, to support court services within their respective counties at not less than the same level of expenditures for such court services during the fiscal year ending September 30, 1976; provided, that the county level of expenditure for court services may be decreased to the extent and for individual items, formerly paid by the county, assumed by the state on January 16, 1977.

(b) All authorized appropriations for court services of any kind, including but not limited to, county solicitors, assistant district attorneys and other prosecution and defense expenses, in effect on January 15, 1977, for county courts to be abolished and replaced by district courts and for circuit courts, shall continue to be provided by the counties from January 16, 1977, through September 30, 1977, for district and circuit court services.
Ala. Code § 12-2-37 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-37
Section 12-2-37 Forfeiture by Judge Failing to Order or Attend Special Session of Court, Etc
Status: in_force

For any failure of a judge to order such special session of court or to attend any such court after having called the same or, having been notified by the Chief Justice, to attend and to perform any of the duties required of him by Sections 12-2-33, 12-2-35 and 12-2-36 without a lawful excuse, either being sick himself or having sickness in his family or being engaged in holding court elsewhere or being lawfully absent from the state, he shall forfeit $100.00 to the state, to be recovered in the circuit court of Montgomery County, on motion of the Attorney General, in the name of the state on 10 days’ notice.