Ala. Code § 12-16-76 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-76
Section 12-16-76 Insufficient Number of Qualified Jurors to Form Juries
Status: in_force

Whenever there are not enough qualified jurors in attendance upon the court to form the juries required, the judge of the court shall cause to be provided from the master jury list names of as many prospective jurors as the judge deems necessary to complete the empaneling of all juries then required. The court shall forthwith cause to be summoned all prospective jurors thus drawn to attend court when required, and they may be summoned by personal service or by telephone. The court shall then proceed to empanel or complete the empaneling of the juries as provided in this article.

If, prior to commencement of striking, due to challenges for cause or for any other reason, the number of names on the lists from which the parties are to strike is reduced below the minimums established in Rule 18.4, Alabama Rules of Criminal Procedure, in criminal cases or Rule 47, Alabama Rules of Civil Procedure, in civil cases, unless the parties agree to strike from such lesser number, the court shall fill the deficiency first from the remaining available petit jurors sworn. If the number of available petit jurors sworn is insufficient to fill the deficiency, the remaining deficiency shall in the discretion of the court be filled by waiting until other petit jurors sworn become available or by randomly drawing or causing to be provided from the master jury list at least twice the number of names needed to fill the deficiency remaining. The court shall forthwith cause to be summoned all prospective jurors thus drawn in any of the manners set forth in this section. The names of those persons found competent to hear the case shall be added to the strike list in at least the number necessary to fill the deficiency.
Ala. Code § 12-22-130 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-130
Section 12-22-130 Appealing Judgment of Conviction
Status: in_force

A person convicted of a criminal offense in the circuit court or other court from which an appeal lies directly to the Supreme Court or Court of Criminal Appeals may appeal from the judgment of conviction to the appropriate appellate court.
Ala. Code § 12-21-110 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-110
Section 12-21-110 Receipts for Money
Status: in_force

Receipts for money are always only prima facie evidence of payment and may be denied or explained by parol evidence.
Ala. Code § 12-11-41 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-41
Section 12-11-41 Removal of Administration of Estates from Probate Court
Status: in_force

The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assigning any special equity; and an order of removal must be made by the court, upon the filing of a sworn petition by any such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed and that, in the opinion of the petitioner, such estate can be better administered in the circuit court than in the probate court.
Ala. Code § 12-14-12 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-12
Section 12-14-12 Requirement of Working Out of Amount of Judgment When Not Paid Within Time Prescribed
Status: in_force

The judgment of the municipal court may provide that if a fine and costs are not paid within the time prescribed, the defendant shall workout the amount of the judgment under the direction of the municipal authority, allowing not less than $10.00 for each day’s service.
Ala. Code § 12-15-409 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-409
Section 12-15-409 Role of Attorney as Advocate; Designation of Facilities
Status: in_force

(a) An attorney representing the state, any county, or municipality or the Department of Youth Services or the Department of Human Resources or an attorney representing the person or persons filing a petition to have a minor or child committed may serve as the advocate in support of the petition to commit in all matters regarding the petition.

(b) At the final hearing upon a petition seeking to commit a minor or child to the custody of the department on the basis that the minor or child is mentally ill, the juvenile court may grant the petition if clear and convincing evidence proves all of the following:

(1) That the minor or child sought to be committed is mentally ill.

(2) That, as a consequence of the mental illness, the minor or child poses a real and present threat of substantial harm to himself, herself, or to others.

(3) That the threat of substantial harm has been evidenced by a recent overt act.

(4) That treatment is available for the mental illness of the minor or child or that confinement is necessary to prevent the minor or child from causing substantial harm to himself, herself, or to others.

(5) That commitment is the least restricting alternative necessary and available for treatment of the illness of the minor or child.

(c) Upon these findings, the juvenile court shall enter an order setting forth the findings and may order the minor or child committed to the custody of the department.

(d) The commissioner of the department, or his or her designee, may designate a hospital outside the department where a committed child or minor may receive care and treatment and may place the child or minor in the designated hospital upon commitment to the department.
Ala. Code § 12-21-142 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-142
Section 12-21-142 Exemption of News-Gathering Persons from Disclosing Sources
Status: in_force

No person engaged in, connected with or employed on any newspaper, radio broadcasting station or television station, while engaged in a news-gathering capacity, shall be compelled to disclose in any legal proceeding or trial, before any court or before a grand jury of any court, before the presiding officer of any tribunal or his agent or agents or before any committee of the Legislature or elsewhere the sources of any information procured or obtained by him and published in the newspaper, broadcast by any broadcasting station, or televised by any television station on which he is engaged, connected with or employed.
Ala. Code § 12-22-60 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-60
Section 12-22-60 Liability of Clerk, Register or Probate Judge for Delayed or Defective Record
Status: in_force

If, by reason of negligence or delay of the clerk, register or probate judge, the record on appeal is not delivered to the clerk of the appellate court in time to be filed or if the record on appeal is so defective that the appellate court cannot proceed thereon, the clerk, register or probate judge forfeits to the party aggrieved the sum of $200.00 and is further liable to him, in an action on the case, for all damages sustained by his neglect or delay.
Ala. Code § 12-15-321 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-321
Section 12-15-321 Periodic Review of Efforts to Achieve Adoption of Child in Custody of Another After Parental Rights Terminated
Status: in_force

Where the juvenile court has terminated the parental rights and has placed legal custody of the child with the Department of Human Resources or with a public or private licensed child-placing agency, the juvenile court, at least annually, shall review the circumstances of the child to determine what efforts have been made to achieve permanency for the child.
Ala. Code § 12-17-160 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-160
Section 12-17-160 Clerk of Circuit Court Ex Officio Clerk of District Court
Status: in_force

Except as otherwise provided in this article, the clerk of the circuit court shall be ex officio clerk of the district court within the circuit and shall have administrative responsibility for and supervision of the records and clerical services of the district court in accordance with applicable general laws and rules.
Ala. Code § 12-25-10 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-10
Section 12-25-10 Comprehensive Discretionary Sentencing Plan
Status: in_force

Before or during the 2003 Regular Legislative Session, the commission shall review the present sentencing structure, including laws, policies, and practices, and recommend for consideration in the 2003 Regular Session changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish a comprehensive discretionary sentencing plan for all felony offenses consistent with the purposes and objectives of this article.
Ala. Code § 12-14-9 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-9
Section 12-14-9 Provision of Indigent Defense Services
Status: in_force

A municipality which retains its court shall provide indigent defense services as otherwise provided by law.
Ala. Code § 12-21-85 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-85
Section 12-21-85 Form of Unsworn Declaration
Status: in_force

An unsworn declaration under this subdivision must be in substantially the following form:

I declare under penalty of perjury under the law of the State of Alabama that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

Executed on the (date), day of (month), (year), at

________________________________.

(specific location, including city, state, country, or other descriptive information)

_____________________

(printed name)

_____________________

(signature)
Ala. Code § 12-11-11 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-11
Section 12-11-11 Transfer of Cases - Transfer to Another Court in Same County
Status: in_force

Whenever it shall appear to the court that any case filed therein should have been brought in another court in the same county, the court shall make an order transferring the case to the proper court, and the clerk or register shall forthwith certify the pleadings, process, costs and order to the court to which the case is transferred, and the case shall be docketed and proceed in the court to which it is transferred, and the costs accrued in the court in which the case was originally filed shall abide by the result of the case in the court to which transferred.
Ala. Code § 12-11-8 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-8
Section 12-11-8 “Session of Court” Defined
Status: in_force

The term “session of court,” when used in this code, means any period of time fixed by the presiding judge of the court for the trial of cases or the transaction of any other business, unless the context clearly indicates to the contrary.
Ala. Code § 12-17-26 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-26
Section 12-17-26 Authority and Duties Generally
Status: in_force

Circuit judges have the following authority and duties:

(1) To grant stays of proceedings and writs of certiorari, quo warranto, mandamus and all other remedial and original writs which are grantable by judges at common law.

(2) To grant writs of injunction and ne exeat, returnable into the circuit court.

(3) To administer oaths and take acknowledgments and affidavits in all cases in which oaths and affidavits are required by law.

(4) To exercise such other powers as are or may be granted them by law.
Ala. Code § 12-16-73 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-73
Section 12-16-73 Execution and Return of Order to Summon Jurors by Sheriff
Status: in_force

(a) Every order to summon jurors, except as otherwise provided in this article, shall be executed by the sheriff by either of the following methods at the election of the sheriff:

(1) By giving personal notice to every such person or by leaving a written notice at the place of residence of the summoned juror with some family member of the juror or with some person residing at the same residence, at least two days before the day appointed for the service of the juror in court; or

(2) By placing a written notice to a person named in the order to summon jurors in the United States mail, first class, postage prepaid and addressed to the residence of the person summoned. The envelope in which such notice is mailed shall indicate the return address of the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated address it shall be returned to the sheriff. Such notice must be deposited in the United States mail not less than 15 days before the day appointed for the service of the juror in court. If such notice shall not be returned to the sheriff, the mailed notice shall be considered to be legal service. If any such mailed notice shall be returned to the sheriff more than three days before the day appointed for the service of the juror in court, then such notice may be served in the manner provided in subdivision (1) of this subsection. Any juror whose mailed notice shall be returned to the sheriff three days or less before the day appointed for the service of the juror in court shall be reported by the sheriff as “Not Found.”

(b) Orders to summon jurors instanter may not be served by United States mail but shall be served in the manner provided in subdivision (1) of subsection (a) of this section.

(c) The order to summon jurors shall be returned to the clerk of the court whence it issued, with the proper return thereon, showing the manner of service by the sheriff, on or before the day appointed for appearance of the jurors.
Ala. Code § 12-22-9 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-9
Section 12-22-9 Order Appointing or Refusing to Appoint Receiver
Status: in_force

An appeal will lie to the appropriate appellate court from an order appointing or refusing to appoint a receiver.
Ala. Code § 12-18-2 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-2
Section 12-18-2 Administration of Fund; Disbursement of Funds; Appeals from Decisions of Board of Control
Status: in_force

(a) The Judicial Retirement Fund shall be administered by the Secretary-Treasurer of the State Employees’ Retirement System under the supervision of the Board of Control of the said State Employees’ Retirement System, and said board of control shall be the trustee of such fund and shall handle such fund in the same manner and pursuant to the same rules and regulations that it handles funds in the State Employees’ Retirement System.

(b) The state Comptroller shall issue warrants for the disbursement of such fund in the same manner that he issues warrants for the disbursement of funds of the State Employees’ Retirement System.

(c) Any justice or judge or spouse and/or child of a justice or a judge who is aggrieved by any decision of the Board of Control shall have the right to appeal to the Supreme Court of Alabama, where the Supreme Court shall hear said appeal de novo.
Ala. Code § 12-14-15 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-15
Section 12-14-15 Power of Mayor to Remit Fines and Costs, Commute Sentences Imposed by Municipal Judges, Etc.; Report of Actions to Municipal Governing Body
Status: in_force

The mayor may remit fines and such costs as are payable to the municipality and commute sentences imposed by a municipal court or the court to which an appeal was taken for violations of municipal ordinances and may grant pardons, after conviction, for violation of such ordinances, and he shall report his action to the council or other governing body at the first regular meeting thereof in the succeeding month with his reasons therefor in writing.
Ala. Code § 12-17-233 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-233
Section 12-17-233 Funding; Annual Audit
Status: in_force

It is the intention of the Legislature that the Office of Prosecution Services be funded from the several district attorney or solicitor funds of all 39 judicial circuits. This article hereby authorizes the lawful custodians of such funds to contribute moneys for the administration of the Office of Prosecution Services. Such custodians shall be required to remit, on a monthly basis, 10 percent of the moneys collected for their respective district attorney or solicitor funds to the Office of Prosecution Services; provided, that nothing contained in this article shall prohibit such custodians from contributing over and above 10 percent of the moneys collected for their respective district attorney or solicitor funds. The Department of Examiners of Public Accounts shall audit all the expenditures and revenues of this agency annually. The Legislature may make appropriations to said office, and the office is authorized to receive and expend any such appropriations.
Ala. Code § 12-18-60 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-60
Section 12-18-60 Payment of Benefits to Spouses Upon Death of Judges
Status: in_force

After the death of any district judge, who, while serving as an intermediate court judge or as a district judge, has contributed or paid into a county retirement system or to a state retirement system for a minimum of five years, his spouse shall receive a yearly benefit from the state equivalent to three percent of the salary payable from the State Treasury prescribed by law for his former position as a district judge or as an intermediate court judge, as the case may be, for each year of service not to exceed 30 percent of such salary, payable monthly for the remainder of such spouse’s life or until their remarriage.
Ala. Code § 12-2-98 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-98
Section 12-2-98 Payment of Costs for Preserving Records
Status: in_force

The cost of preserving records according to the provisions of this division shall be paid out of the treasury as accounts for printing and binding of the state are paid.
Ala. Code § 12-14-112 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-112
Section 12-14-112 Electronic Versions of Reports
Status: in_force

(a) By January 1, 2023, the Department of Finance shall create an electronic version of the monthly report form pursuant to Section 12-1-19.

(b) Commencing January 1, 2023, any clerk responsible for preparing the monthly report shall file the report electronically.

(c) Commencing January 1, 2023, the Department of Finance shall publish all reports pursuant to Section 12-1-19 on its website.
Ala. Code § 12-18-154 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-154
Section 12-18-154 Service Retirement Allowance
Status: in_force

(a) Any member who withdraws from service upon or after attainment of age 62 may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member shall have completed 10 or more years of membership service in the Judges’ and Clerks’ Plan.

(b) Any member who has attained age 62 and has previously withdrawn from service may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member shall have completed 10 or more years of membership service.

(c) Upon retirement from service, a member who is a clerk shall receive a service retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a pension, which when added to the member’s annuity shall be equal to three percent (3%) of the member’s average final compensation multiplied by the member’s number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation.

(d) Upon retirement from service, a member who is a judge shall receive a service retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a pension, which when added to the member’s annuity shall be equal to four percent (4%) of the member’s average final compensation multiplied by the member’s number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed seventy-five percent (75%) of the member’s average final compensation. A member who is a judge and who has attained 18 or more years of membership service shall be entitled to a retirement allowance of seventy-five percent (75%) of the member’s average final compensation.
Ala. Code § 12-16-205 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-205
Section 12-16-205 Endorsement of Prosecutor’s Name on Indictment; Endorsement on Indictment Where No Prosecutor Appears
Status: in_force

If a prosecutor appears, his name must be endorsed by the foreman on the indictment; and, if no prosecutor appears, the words “no prosecutor” must be endorsed thereon.
Ala. Code § 12-15-135 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-135
Section 12-15-135 Taking and Disposition of Fingerprints, Photographs, Blood Samples
Status: in_force

(a) Fingerprints of a child who has been charged with a delinquent act shall be taken by the law enforcement agency taking the child into custody. The prints may be retained in a local file and a copy shall be filed with the Alabama Bureau of Investigation.

(b) If latent fingerprints are found during the investigation of a delinquent act and a law enforcement officer has reason to believe that they are those of the child in custody, the officer may fingerprint the child regardless of age or delinquent act for purpose of immediate comparison with the latent fingerprints. The prints may be retained in a local file and copies shall be sent to the Alabama Bureau of Investigation.

(c) Special precautions shall be taken to ensure that the fingerprints will be maintained in a manner and pursuant to safeguards as to limit their use to inspection for comparison purposes by law enforcement officers or by staff of the depository only in the investigation of a crime.

(d) A child who is charged with a delinquent act shall be photographed by the law enforcement agency taking the child into custody for criminal identification purposes. A child in custody for any other reason shall not be photographed for criminal identification purposes without the consent of the juvenile court. The photographs shall be retained in a local file with the same safeguards in place as for fingerprints.

(e) Blood or other samples necessary for DNA testing may be taken for criminal identification purposes from a child who is charged with a delinquent act that would constitute a Class A or B felony if committed by an adult. The samples, if taken, shall be submitted for DNA testing and the DNA records shall be filed with the Department of Forensic Sciences. Special precautions shall be taken to ensure that the DNA records will be maintained in a manner and pursuant to safeguards that will limit their use to inspection for identification purposes by law enforcement officers or by staff of the testing facility only in the investigation of a crime.

(f) Any person who willfully violates this section, upon conviction thereof, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court.
Ala. Code § 12-21-133 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-133
Section 12-21-133 Interpreters for Persons Defective in Speech And/Or Hearing - Duty of Disabled Person; Provisions Cumulative
Status: in_force

It shall be the duty of any handicapped person described in Section 12-21-131 who desires the services of an interpreter as provided in Section 12-21-131, or his or her attorney of record to make known in writing to the presiding judge before whom such case is to be tried or heard, at least 30 days prior to or immediately upon the setting of such case, that such an interpreter is needed during the trial or hearing, so that said presiding judge can have sufficient time to comply with the provisions of Section 12-21-131, thus expediting the proceedings of said court in an orderly manner. Sections 12-21-131 through 12-21-134 shall not prevent any court from selecting and using interpreters as now provided by law, but are cumulative in providing additional means for obtaining qualified interpreters.
Ala. Code § 12-13-38 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-38
Section 12-13-38 Appointment of Special Judge in Event of Refusal to Act, Death, Etc., of Original Special Judge and Continuation of Incompetence, Absence, Etc., of Probate Judge
Status: in_force

If the special judge so appointed fails or refuses to act or, having commenced to act and before finally concluding or determining such matter or proceeding, dies, becomes incompetent or fails or refuses to continue acting therein, the incompetency, absence, sickness or other disqualification of the probate judge continuing, the Alabama Supreme Court, upon the facts being certified to it, shall appoint another special judge of like qualification.
Ala. Code § 12-2-110 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-110
Section 12-2-110 Office Created; Appointment and Removal of Deputy Clerk
Status: in_force

The office of deputy clerk of the Supreme Court of Alabama is hereby created. Such deputy clerk shall be appointed by the justices of the Supreme Court and may be removed at any time the said justices of the Supreme Court may see fit.
Ala. Code § 12-18-54 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-54
Section 12-18-54 Election as to Withdrawal from Retirement Fund and Refunding of Contributions or Receipt of Certificate of Time of Service Accumulated Toward Retirement Upon Termination of Service of Judge Prior to Eligibility for Retirement Benefits Under Article; Filing of Certificate as Proof of Time of Service for Retirement Benefits Under Article Upon Reaching of Retirement Age or Death of Judge
Status: in_force

Should the service of a district judge be terminated prior to the time said judge is entitled to receive retirement benefits under this article, such judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have refunded his contributions to the Judicial Retirement Fund, plus accrued interest thereon, under the same rules, regulations and rates applicable to similar refunds of contributions under the Employees’ Retirement System; provided, that should such judge not elect to withdraw from the Judicial Retirement Fund he shall be entitled to receive a certificate from the Secretary-Treasurer of the Employees’ Retirement System of Alabama showing the time of service accumulated toward retirement.

If any such judge has sufficient time of service for any retirement benefit provided by this article, upon reaching a retirement age or upon death, such certificate may be filed as proof of time of service with the Chief Justice of the Supreme Court.
Ala. Code § 12-15-118 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-118
Section 12-15-118 Duties of Juvenile Court Intake Officers
Status: in_force

A person employed by the judicial branch of government who is designated by a juvenile court as a juvenile court intake officer shall perform the following duties:

(1) Receive and examine written complaints or petitions, made under oath, of allegations of delinquency, in need of supervision, or dependency or concerning proceedings filed pursuant to Section 12-15-132.

(2) Refer to the Department of Human Resources for investigations, reports, and recommendations those complaints and allegations of dependency or other appropriate matters and may refer to the Department of Human Resources for investigations, reports, and recommendations those complaints on children in need of supervision.
Ala. Code § 12-21-1 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-1
Section 12-21-1 Production of Books, Etc., Generally - by Parties; Failure to Comply
Status: in_force

(a) The court may, on motion and due notice thereof, require the parties to produce books, documents or writings in their possession, custody, control or power which contain evidence pertinent to the issues.

(b) If the plaintiff or prosecution fails to comply with such order, the court may, on motion, give the like judgment for the defendant as in cases of dismissal; and, if the defendant fails to comply with such order, the court may, on motion, give judgment against him by default.
Ala. Code § 12-15-303 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-303
Section 12-15-303 Transfer of Dependency Proceedings Between Juvenile Courts Within the State
Status: in_force

(a) If a dependency proceeding is commenced in a county other than the county of the residence of the child, the juvenile court in which the proceedings were commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, may transfer the proceeding before or after adjudication to the county of the residence of the child for the purpose of adjudication, disposition, supervision, or review as mandated by federal and state law for children in foster care or in the custody of the state, or any combination thereof.

(b) For purposes of this section, county of the residence of the child means the county in which the child and legal custodian have established legal residence or have resided for six or more months of a calendar year. This term shall not include placements by a state department or agency.

(c) Certified copies of all legal and social records pertaining to the case shall accompany the transfer.
Ala. Code § 12-23A-8 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-8
Section 12-23A-8 Transfers Between and to Accountability Courts
Status: in_force

(a) Any accountability court in this state may transfer to or accept transfer from any other accountability court in this state and any accountability court, or similar court in any other state which is a part of the Interstate Compact for Adult Offender Supervision, any offender for admission into the respective accountability court program based upon the residence of the offender.

(b) Any accountability court in this state may accept the transfer of offenders with an identified substance abuse disorder or mental illness from any municipal court within its jurisdiction which does not have its own municipal accountability court.
Ala. Code § 12-21-96 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-96
Section 12-21-96 Land Patents
Status: in_force

Land patents issued by the United States, or any state of the United States, and tract books kept in the probate offices of the counties as required by law, or certified copies of entries taken therefrom, must be received in evidence without further proof.
Ala. Code § 12-15-407 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-407
Section 12-15-407 Probable Cause Hearings for Temporary Confinement of the Minor or Child
Status: in_force

(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor or child, pending final hearing upon a petition for mental commitment of the minor or child in the custody of any person, department, or agency other than his or her parent, legal guardian, or legal custodian, the juvenile court at the time the confinement is ordered shall set the matter for a hearing within seven days to determine if probable cause exists that the minor or child should be committed. At the probable cause hearing, the juvenile court shall determine if it is necessary to continue the restraint or confinement pending the final hearing.

(b) Upon a finding of probable cause that the minor or child should be committed, the juvenile court shall enter an order so stating and setting the date, time, and place of the hearing on the merits of the petition.

(c) The final hearing shall be held on the merits of the petition within 30 days of the date that the minor or child was served with a copy of the petition seeking to commit the minor or child.
Ala. Code § 12-15-115 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-115
Section 12-15-115 Original Jurisdiction - Civil
Status: in_force

(a) A juvenile court shall also exercise original jurisdiction of the following civil proceedings:

(1) Removal of disabilities of nonage pursuant to Chapter 13 of Title 26.

(2) Proceedings for judicial consent for a person under the respective legal age to marry, to be employed, withdraw from school, or enlist in military service when this consent is required by law.

(3) Proceedings for the commitment of a minor or child with mental illness or an intellectual disability to the Department of Mental Health, as provided in Article 4 (commencing with Section 12-15-401).

(4) Proceedings for the adoption of a child when these proceedings have been transferred from probate court as provided by law.

(5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title 26.

(6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage Act, Chapter 17 of Title 26.

(7) Proceedings to establish, modify, or enforce support, visitation, or custody when a juvenile court previously has established parentage.

(8) Proceedings to establish, modify, or enforce child and spousal support, or both, in cases brought pursuant to Title IV-D of the Social Security Act, including the Alabama Uniform Interstate Family Support Act, commencing at Section 30-3A-101, when an equivalent court of another state issued an order.

(9) Proceedings filed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, commencing at Section 30-3B-101, when an equivalent court of another state issued an order.

(10) Proceedings to establish grandparent visitation when filed as part of a juvenile court case involving the same child.

(b) A juvenile court also shall have original jurisdiction in proceedings concerning any child in either of the following instances:

(1) The child requires emergency medical treatment in order to preserve his or her life, prevent permanent physical impairment or deformity, or alleviate prolonged agonizing pain.

(2) Where it is alleged that the rights of a child are improperly denied or infringed in proceedings resulting in suspension, expulsion, or exclusion from a public school.

(c) All civil cases before the juvenile court shall be governed by the laws relating thereto and shall be initiated by filing a petition or complaint with the clerk of the juvenile court, with the exception that the proceedings provided in Section 12-15-132 shall be initiated through the juvenile court intake office.
Ala. Code § 12-8-3 — Alabama Code / Title 12 / Chapter 8 / Section 12-8-3
Section 12-8-3 Vacancies
Status: in_force

Vacancies in the membership of the conference shall be filled for the remainder of any term in the same manner as the original appointment was made.
Ala. Code § 12-17-115 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-115
Section 12-17-115 Pleadings to Be Endorsed with Date of Filing
Status: in_force

All answers and other papers filed in any case must be endorsed by the register with the true date on which they were filed.
Ala. Code § 12-25-12 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-12
Section 12-25-12 Director; Employees
Status: in_force

(a) The Chief Justice shall appoint a director for the commission. The Chief Justice may also authorize other employee positions for the commission. The director and employees of the commission shall be paid from any funds appropriated to the commission and shall be employed in the same manner as employees of the Supreme Court.

(b) The executive committee of the commission may employ and fix the compensation of consultants and experts to assist the commission as may be necessary to carry out its responsibilities.
Ala. Code § 12-19-20 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-20
Section 12-19-20 Court Fees in Civil and Criminal Cases in Circuit and District Courts to Be Uniform; Fees Prescribed by Chapter Exclusive; Exceptions
Status: in_force

(a) Court fees in civil and criminal cases in the circuit court and district court shall be uniform for each type of case and each court level.

(b) The fees prescribed in this chapter shall be exclusive of all other fees, except that:

(1) The Administrative Director of Courts may, pursuant to Supreme Court rule, set schedules of fees for payments to court-appointed officers for preparation of transcripts on appeal and for certification of court records;

(2) Fees now or hereafter imposed by law on parties to civil actions and criminal defendants for support of law libraries, public defender services, work release programs and pretrial release programs shall be retained in the county collecting such fees, to be utilized for the purposes now or hereafter authorized by law;

(3) Any fees for counsel, masters, receivers or other court-appointed officials and other items of expense assessed and fixed by rule of the Supreme Court under authority granted by law may be collected; and

(4) Any fees assessed according to law for judicial administration or court administration funds may be collected and retained by the county collecting such fees.
Ala. Code § 12-17-227.1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.1
Section 12-17-227.1 District Attorneys’ Plan Established
Status: in_force

There is hereby created and established the District Attorneys’ Plan under the Judicial Retirement Fund.
Ala. Code § 12-3-35 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-35
Section 12-3-35 Appointment, Compensation, Etc., of Additional Staff Attorneys
Status: in_force

The Alabama Court of Criminal Appeals is hereby authorized to hire two additional 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 all staff attorneys shall be fixed within the range of the proper classification of attorneys under the merit system as may be determined by the court. Said staff attorneys shall be subject to the Merit System Act only as to the pay plan selected for them by the Court of Criminal Appeals. The court is hereby authorized to employ one additional secretary to serve at the pleasure of the court to be classified as a confidential assistant to the court, subject to the Merit System Act only as to pay plan.
Ala. Code § 12-16-35 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-35
Section 12-16-35 Disqualification of Member and Appointment of Successor; Filling of Vacancies Generally
Status: in_force

(a) Should any member of the commission become disqualified under the provisions of this article, the fact of such disqualification and the ground or reason therefor shall be certified to the Governor by the judge of the circuit court for the county; and, when so certified, the office of the member of the commission shall become vacant and the Governor shall appoint his successor to fill out the unexpired term.

(b) In case of any vacancy from any other cause in the office of a member of the commission, the Governor shall appoint a member to fill such vacancy who shall hold office for the unexpired term.
Ala. Code § 12-11A-6 — Alabama Code / Title 12 / Chapter 11A / Section 12-11A-6
Section 12-11A-6 Services Provided by Circuit Court Clerk and Sheriff
Status: in_force

(a) The clerk of the circuit court of the county in which the case is filed shall provide the same case management services as with any other case filed in the circuit clerk’s office. The private judge hearing a case under this chapter shall have access to all pleadings, docket entries, and other filings as would a judge hearing the case.

(b) The sheriff of the county in which the case is filed shall provide such services related to service of process as for any other case filed in the county.
Ala. Code § 12-12-1 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-1
Section 12-12-1 Establishment, Designation, Etc.; Location of Sessions of District Courts; Abolition of Courts Not Authorized by Constitution
Status: in_force

(a) The district court of Alabama, a trial court of limited jurisdiction, is created and established, effective January 16, 1977, and shall be subdivided according to districts and styled the district court of the county. Persons elected or appointed to a district court judgeship must have been admitted to practice law in this state a combined total of four years or more, or admitted to practice law by any other state for a combined total of four years or more, prior to beginning a term of office or appointment to serve a vacant term of office. In addition, the person must not have received from any state or state bar association a suspension or disbarment within the 10 years preceding election or appointment.

(b) Sessions of the district court shall be held in each county seat, each municipality containing a population of 1,000 or more where no municipal court exists, to be restricted to municipal cases, and at other locations within counties in which geographical venue, as described in Section 12-12-36, lies in more than one place.

(c)(1) All courts which are not authorized by Article 6 of the Constitution shall retain their power through January 15, 1977, at which time they shall be abolished. Judgments of courts which cease to exist at the end of that day shall continue in effect, and the courts of the unified system are vested with jurisdiction to enforce such judgments.

(2) All cases then pending in courts which cease to exist shall be transferred to the appropriate district or circuit court. Cases which could be filed in district court under the provisions of this chapter shall be transferred to the district court; provided, that any case containing a demand for a jury trial filed before January 15, 1977, which could have been granted in the court where filed, shall be transferred to the appropriate circuit court.
Ala. Code § 12-19-312 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-312
Section 12-19-312 Disposition of Funds
Status: in_force

(a) The fee allocated to the Solicitor’s Fund shall be expended for the payment of any and all expenses incurred by the district attorney in the discharge of the duties of the office or for any legitimate law enforcement purpose.

(b) The fee allocated for the court clerk’s fund shall be expended at the discretion of the clerk, to support the functions of the office of the clerk.

(c) The fees allocated to the Sheriff’s Fund, administered by the sheriff, shall be expended at the direction of the sheriff for the operation of the jail.

(d) The fees allocated to the Alabama Forensic Services Trust Fund shall be expended for the objective analysis of scientific evidence in pending criminal investigations.
Ala. Code § 12-16-37 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-37
Section 12-16-37 Clerks of Commissions - Authority for Employment; Compensation; Clerical Assistance
Status: in_force

(a) The clerk of the circuit court in counties having a population of 60,000 or less according to the last federal census preceding his election or appointment, may elect to serve as clerk of the jury commission; provided that notice of his intent to serve as clerk for the commission shall be filed in writing with the presiding circuit judge and the Administrative Director of Courts within 30 days after assuming the duties of clerk of the circuit court. Provided that the provisions of this section shall not prohibit any clerk of the circuit court who is on August 17, 1983, serving as clerk of the jury commission or clerk of any similar body established by local law to act in lieu of the jury commission, from serving as clerk of the jury commission as provided in this article, regardless of the population of their respective counties; all provisions to the contrary in subsection (b) of this section notwithstanding. Provided further that on August 17, 1983, any clerk of the circuit court who is serving as clerk of the jury commission or clerk of any similar body established by local law to act in lieu of the jury commission, shall continue to serve as clerk of the jury commission, unless and until notice of their intent not to serve in such capacity is filed with the presiding circuit judge and the Administrative Director of Courts.

(b) In counties having a population of more than 60,000 according to the last or any subsequent federal census and in all other counties where the clerk of the circuit court does not serve as clerk of the jury commission, the commission shall employ a clerk who shall serve at the pleasure of the commission subject, however, to the election of the clerk of the circuit court to serve in such capacity as provided in subsection (a) of this section.

(c) The clerk of the jury commission, whether he is the clerk of the court or not, shall be paid for his services rendered under the direction of the president of the commission, the sum of $10.00 per day while actually engaged in performing his duties. All claims for services rendered by the clerk of the jury commission shall be submitted to the Administrative Office of Courts by the president of the commission on such forms as may be prescribed by the Administrative Director of Courts. If approved, said claims shall be processed and paid by the state.
Ala. Code § 12-15-508 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-508
Section 12-15-508 State Multiple Needs Children Fund Established; Use; Limitations; Accounting System to Be Maintained; Provisions for Yearly Audit
Status: in_force

(a) There is established in the State Treasury a fund to be known as the State Multiple Needs Children Fund which shall be administered by the agency designated by the Executive Council of the State Team. This fund shall consist of all moneys appropriated for these purposes from the State General Fund , the Alabama Education Trust Fund, or the Children First Trust Fund, donations, grants, bequests, loans, or any other sources, either public or private, relating to providing services for children identified as multiple needs children.

(b) The State Multiple Needs Children Fund shall be used to provide services not otherwise provided by state departments or agencies for multiple needs children. Administrative costs connected with the expenditures of state multiple needs children funds shall not exceed a percentage amount established by the Executive Council of the State Team.

(c) All funds now or hereafter deposited to the credit of the State Multiple Needs Children Fund shall be expended for the purposes of carrying out this article; provided, however, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill for any specific fiscal year.

(d) The Chief Examiner of the Department of Public Accounts shall develop a uniform accounting system for the State Multiple Needs Children Fund conforming to generally accepted accounting principles. County teams and programs shall establish and maintain the uniform accounting system.

(e) The annual reports and all records of accounts and financial records of all funds received by the State Multiple Needs Children Fund by grant, contract, or otherwise from state, local, or federal sources, shall be subject to audit annually by the Chief Examiner of the Department of Public Accounts. All audits shall be completed as soon as practicable after the end of the fiscal year of the team.
Ala. Code § 12-1-7 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-7
Section 12-1-7 Powers of Courts as to Preservation of Order, Enforcement of Judgments, Etc., Generally
Status: in_force

Every court shall have power:

(1) To preserve and enforce order in its immediate presence and as near thereto as is necessary to prevent interruption, disturbance or hindrance to its proceedings;

(2) To enforce order before a person or body empowered to conduct a judicial investigation under its authority;

(3) To compel obedience to its judgments, orders and process and to orders of a judge out of court, in an action or proceeding therein;

(4) To control, in furtherance of justice, the conduct of its officers and all other persons connected with a judicial proceeding before it in every matter appertaining thereto;

(5) To administer oaths in an action or proceeding pending therein and in all other cases where it may be necessary in the exercise of its powers and duties; and

(6) To amend and control its process and orders so as to make them conformable to law and justice.
Ala. Code § 12-15-323 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-323
Section 12-15-323 Appeals of Dependency and Termination of Parental Rights Cases
Status: in_force

Appeals relating to dependency and termination of parental rights cases shall take priority over other cases filed on appeal except for emergency matters, including appeals from denial of waiver of parental consent for abortion.
Ala. Code § 12-21-242 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-242
Section 12-21-242 Attendance of Witnesses - on Remand for New Trial
Status: in_force

Where a case has been remanded by the appropriate appellate court for a new trial, the clerk of the court to which said case has been remanded must issue subpoenas for all the witnesses in the case in the same manner as if the case had been continued.
Ala. Code § 12-17-231 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-231
Section 12-17-231 Executive Director and Staff Not Subject to Merit System but Eligible for State Retirement Benefits
Status: in_force

There shall be an executive director of the Office of Prosecution Services and whatever staff is necessary to carry out the purpose of this office. Such director and employees shall not be subject to the provisions of the State Merit System Act but shall be eligible to participate in the State Employees’ Retirement System and shall be credited for retirement purposes by the Alabama State Retirement System for all time employed by the office prior to May 17, 1984, provided that the director and each employee shall pay to the secretary-treasurer within two years from May 17, 1984 the amount he would have been required to contribute to the Employees’ Retirement System for each year of prior service had he been a member, together with eight percent compounded interest. Past employees may obtain credit for past service in the same manner as present employees.
Ala. Code § 12-25-34.2 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-34.2
Section 12-25-34.2 Presumptive Sentencing Standards
Status: in_force

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

(1) AGGRAVATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence above the presumptive sentence recommendation for an offense. Aggravating factors may result in dispositional or sentence range departures, or both, and shall be stated on the record by the court.

(2) DEPARTURE. A sentence that departs from the presumptive sentence recommendation for an offender.

(3) DISPOSITION. The part of the sentencing courts presumptive sentence recommendation other than sentence length.

(4) DISPOSITIONAL DEPARTURE. A sentence that departs from the presumptive sentence recommendation for disposition of sentence.

(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence below the presumptive sentence recommendation for an offense. Mitigating factors may result in disposition or sentence range departures, or both, and shall be stated on the record by the court.

(6) NONVIOLENT OFFENSES. As defined in Section 12-25-32.

(7) PRESUMPTIVE SENTENCE RECOMMENDATION. The recommended sentence range and disposition provided in the sentencing standards.

(8) SENTENCE RANGE. The sentencing court’s discretionary range of length of sentence as provided and recommended in the presumptive sentencing recommendation.

(9) SENTENCE RANGE DEPARTURE. A sentence that departs from the presumptive sentence recommendation as to the sentence range.

(10) VIOLENT OFFENSES. As defined in Section 12-25-32.

(b) (1) The voluntary sentencing standards as provided for in Section 12-25-34, as applied to nonviolent offenses shall become presumptive sentencing standards effective October 1, 2013, to the extent the modification adopted by the Alabama Sentencing Commission become effective October 1, 2013. The standards shall be applied by the courts in sentencing subject to departures as provided herein. To accomplish this purpose as to the existing initial voluntary sentencing standards, the Alabama Sentencing Commission shall adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement this provision including, but not limited to, defining aggravating and mitigating factors that allow for departure from the presumptive sentencing recommendations. The commission’s modifications shall be presented to the Legislature in the commission’s annual report within the first five legislative days of the 2013 Regular Session.

(2) The Alabama Sentencing Commission shall immediately adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement Act 2023-461. The amendatory provisions of Act 2023-461 shall supersede any standards, worksheets, and instructions of the commission that are in conflict with these amendatory provisions.

(c) Durational and dispositional departures from the presumptive sentencing standards shall be subject to appellate review. Along with the modifications provided for in subsection (b), the Alabama Sentencing Commission shall recommend a narrowly defined scope of appellate review applicable to departures from presumptive sentencing recommendations. The scope of appellate review shall become effective upon approval by an act of the Legislature enacted by bill.
Ala. Code § 12-17-226.7 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.7
Section 12-17-226.7 Time for Application
Status: in_force

An offender shall make application to a pretrial diversion program established under this division at a time to be determined by the district attorney, but in the case of a felony, may not be more than 90 days after arraignment.
Ala. Code § 12-11-31 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-31
Section 12-11-31 Equitable Jurisdiction
Status: in_force

The powers and jurisdiction of circuit courts as to equitable matters or proceedings shall extend:

(1) To all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals.

(2) To all cases founded on a gambling consideration, so far as to sustain a petition for discovery and grant relief.

(3) To subject an equitable title or claim to real estate, and generally all equitable assets to the payment of debts.

(4) To such other cases as may be provided by law.

(5) To establish and define uncertain or disputed boundary lines, whether the complaint contains an independent equity or not.
Ala. Code § 12-19-93 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-93
Section 12-19-93 Coroners’ Fees Generally
Status: in_force

The coroners shall be entitled to receive, for services rendered by them in civil cases, the same fees as were allowed to sheriffs for like services on December 18, 1973.
Ala. Code § 12-19-310 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-310
Section 12-19-310 Additional Docket Fees
Status: in_force

(a) In addition to the docket fees now authorized by law, additional docket fees shall be assessed in all circuit, district, and municipal courts as follows:

(1) In civil cases in the circuit and district courts, except child support cases and as further provided for small claims cases, an additional docket fee of forty-five dollars ($45) and in small claims cases an additional docket fee of fifteen dollars ($15).

(2) In criminal cases in the circuit, district, and municipal courts, except juvenile cases and as further provided for traffic cases, an additional docket fee of forty dollars ($40) and in traffic cases, but excluding parking violations, an additional docket fee of twenty-six dollars ($26).

(b)(1) Two dollars ($2) of the traffic docket fee shall be distributed to the Police Officers’ Annuity Fund before any distribution pursuant to subsections (c) and (d).

(2) Ten dollars ($10) of each fee in municipal court shall be retained by the presiding municipal judge or the municipal court clerk for operation of the municipal court and, before any distribution in subsections (c) and (d), distributed to the municipality for the operation of the municipal courts.

(c) There is established in the State Treasury the State Judicial Administration Fund. Two-thirds of the docket fees collected pursuant to subsection (a) shall be distributed to the fund and used by the Administrative Office of Courts as determined by the Administrative Director of Courts for the operation of courts in this state.

(d) There is established in each judicial circuit of this state the Presiding Circuit Judge’s Judicial Administration Fund and in each county in this state the Circuit Clerk’s Judicial Administration Fund. One-sixth of the docket fees collected in each circuit pursuant to subsection (a) shall be distributed to the Presiding Circuit Judge’s Judicial Administration Fund in the circuit. One-sixth of the docket fees collected in each county pursuant to subsection (a) shall be distributed to the Circuit Clerk’s Judicial Administration Fund in the county.

(e)(1) The funds distributed pursuant to subsection (d) shall be expended for the support of local court operations, including, but not limited to, salaries and benefits of court employees where necessary for the efficient operations of the courts in the circuit and for other expenses as individually determined necessary by the presiding circuit judge or any circuit clerk to promote efficient administration of justice. Funds distributed pursuant to subsection (d) shall not reduce the amount payable to the presiding circuit judge or any circuit clerk under any local act or general act or reduce or affect the amounts of funding allocated by the Administrative Office of Courts to the budget of the presiding circuit judge or any circuit clerk.

(2) In addition to subdivision (1) relating to the circuit clerk, each clerk, at his or her discretion, may use the money in the Circuit Clerk’s Judicial Administration Fund for the purpose of awarding merit and promotions raises to full-time employees of the clerk’s office.

(f) All expenditures of funds pursuant to this section shall be audited as all other state funds are audited.

(g) The docket fees assessed pursuant to this section shall not be waived or remitted by the court unless all docket fees associated with the case are waived or remitted.

(h) The court clerk shall distribute the fees provided for in this section on a monthly basis as other costs and fees are distributed.
Ala. Code § 12-12-4 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-4
Section 12-12-4 Powers of Court as to Disposition of Criminal Cases Generally
Status: in_force

In disposing of cases within its criminal jurisdiction, the district court may impose and suspend sentences, place criminal defendants on probation, remit fines and court costs and release defendants on personal recognizance in accordance with standards prescribed by law or rule; provided, that the court may enter an order authorizing the defendant to drive under the conditions set forth in the order.
Ala. Code § 12-19-137 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-137
Section 12-19-137 Claims for Payment of Witness Fees to Be Presented Within Three Months from Date of Collection by Clerk; Payment of Claims
Status: in_force

Any person entitled to such witness fees shall present his claim for payment to the court clerk within three months from the date of its collection by the clerk, by presenting the witness certificate or by filing an affidavit showing its loss and his right and title to the payment, and said court clerk, upon such presentation, shall pay out of state funds to the person presenting said claim the amount shown to be due him.

All claims for witness fees shall be forever barred after three months from the time such fees are collected and subject to disbursement.
Ala. Code § 12-11-6 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-6
Section 12-11-6 Notice of Special Sessions
Status: in_force

When the court or judge has ordered or directed that a special session of the court be held, the clerk of the court shall, as soon as practicable, notify either the parties or one of their attorneys of record of the date of holding such special session, which notice may be given by personal service or by mailing a letter to each of the parties or to one of his attorneys of record, by the clerk of the court.
Ala. Code § 12-12-55 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-55
Section 12-12-55 Schedules of Fines for Traffic Infractions and Boating Violations; Payment of Fines and Costs
Status: in_force

(a) Schedules of fines to be imposed for traffic infractions and boating violations shall be established by law or rule.

(b) The manner in which fines and costs shall be paid to and accounted for by personnel assigned to accept payment shall be provided by administrative rule.
Ala. Code § 12-1-14.2 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-14.2
Section 12-1-14.2 Senior Judge Status
Status: in_force

(a) Any circuit court judge or district court judge who has served for 10 or more years in any combination of service as a judge of the circuit court or district court in this state and who retires pursuant to Chapter 18 of this title, may be appointed as a senior judge. A circuit court judge or district court judge who retires because of a disability may not be appointed as a senior judge.

(b) Any eligible retired judge may apply to the Chief Justice for appointment as a senior judge and the Chief Justice shall appoint each qualified applicant as a senior judge.

(c) A senior judge may be called upon to serve as a justice or judge in any court of this state pursuant to a written request for assistance from the presiding judge of the requesting court made to the Chief Justice. A request for assistance may be made in any of the following situations:

(1) When a judge of the requesting court is disqualified for any cause from presiding in a matter pending before the requesting court.

(2) When a judge of the requesting court is unable to preside in the requesting court because of disability, illness, or absence.

(3) When the business of the requesting court requires the temporary assistance of an additional judge or additional judges.

(d) A senior judge is bound by the same ethical standards as other judges and justices in the state and may be disciplined or have his or her senior judge status withdrawn the in same manner as other judges and justices are disciplined or removed from office.

(e) A senior judge appointment by the Chief Justice to fulfill a specific request made by a presiding judge shall receive no compensation but shall receive the same per diem expenses and mileage as state employees paid from funds appropriated to the Unified Judicial System.
Ala. Code § 12-22-24 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-24
Section 12-22-24 Bond on Appeal of Order Removing Executor or Administrator
Status: in_force

(a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a cash bond or a bond with at least two good and sufficient sureties, payable to the probate judge and in the amount fixed by him, not less than the amount of his bond as executor or administrator, conditioned to prosecute the appeal to effect and, until the same is decided, faithfully to discharge his duties as such executor or administrator.

(b) If such appeal is decided against the appellant, any cash bond posted or part thereof may be ordered forfeited for costs, or, if other than a cash bond was given, execution for costs may issue against him and the sureties on such bond, their names being certified with the record to the appellate court.

(c) Such bond also stands as security for the faithful discharge of his duties as such executor or administrator, from the time the same is approved until the appeal is finally decided.
Ala. Code § 12-5-11 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-11
Section 12-5-11 Direction of Expenditure of Funds Appropriated to Accounts of Colleges of Judges and Accounts for Judicial Education of Justices, Judges or Court-Supportive Personnel and Payment of Expenses of Justices, Judges or Court-Supportive Personnel Attending Colleges, Institutes, Conferences, Etc
Status: in_force

In connection with the continuing judicial education of justices, judges, circuit clerks, and court-supportive personnel, the Administrative Office of Courts and the Administrative Director of Courts may:

(1) Direct the expenditure of funds appropriated to the account of the National College of State Trial Judges or any college of judges by whatever name the account appears, or to any accounts for the judicial education of any justice, judge, circuit clerk, or court-supportive personnel;

(2) Direct that the actual and reasonable expenses incurred by a justice, judge, circuit clerk, or court-supportive personnel attending the National College of State Judiciary or any other college, institute, conference, seminar, or organization be paid;

(3)a. Create and use a nonprofit entity as defined by 26 U.S.C § 501(c)(3) to develop, implement, manage, and fund judicial educational plans, conferences, and programs. The entity may collect nonpublic funds to support this purpose;

b. An entity created under paragraph a. may hold nonpublic funds in an account or accounts maintained outside of the State Treasury, provided the account or accounts are audited or reviewed annually by a certified, independent accounting entity;

c. Any money received by the nonprofit entity that exceeds two thousand five hundred dollars ($2,500) from a single nonpublic source within a fiscal year shall be made publicly available as part of the entity’s audit obligations under paragraph b. Conference registration fees or other similar payments for participation in educational events shall not be considered outside funds for purposes of this paragraph; and

d. Funds received by an entity created under this subsection may not be conditioned upon, directed to, or restricted for the benefit of a particular justice, judge or judges, circuit clerk, or court-supportive personnel. General support provided to develop or expand judicial education programs shall not be considered a prohibited restriction;

(4) Transfer state funds to the nonprofit to support judicial education purposes; and

(5) House the entity created under paragraph (3)a. at the Administrative Office of Courts and staff the entity with employees of the Administrative Office of Courts.
Ala. Code § 12-21-405 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-405
Section 12-21-405 Application for Protective Order
Status: in_force

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 12-21-402 must comply with the rules or statutes of this state and must be submitted to the circuit court in the county in which discovery is to be conducted.
Ala. Code § 12-8-8 — Alabama Code / Title 12 / Chapter 8 / Section 12-8-8
Section 12-8-8 Chief Justice May Direct Use of Appropriated Funds by Conference, Etc.; Application for Grants and Other Assistance for Conference
Status: in_force

(a) In connection with any of the duties and work of the Judicial Conference, including the study of the courts of the state, the Chief Justice is authorized and empowered to direct that any funds appropriated for consultant study or similar purposes to the Supreme Court and any funds appropriated for the Judicial Conference may be used in connection with studies and other work of the Permanent Study Commission on Alabama’s Judicial System, the Judicial Conference and/or the Department of Court Management, in whole or in part.

(b) The Chief Justice is further authorized and empowered to apply for grants and other assistance to any public or any private entity and to take any and all necessary steps and actions pertaining to the same in connection with the duties and work of the Judicial Conference.
Ala. Code § 12-17-81.1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-81.1
Section 12-17-81.1 Prior Service Credit
Status: in_force

Notwithstanding any other provision of law, for the purpose of determining the salary of any circuit clerk pursuant to Section 12-17-81, years of service under Section 12-17-81 shall include any prior service credit purchased toward supernumerary status as a circuit clerk pursuant to Section 12-17-144.1.
Ala. Code § 12-20-27 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-27
Section 12-20-27 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - Generally
Status: in_force

When original papers in civil actions have been lost, mislaid, destroyed or mutilated, a court may cause a substitution thereof to be made by directing the attorneys representing the parties therein to file a copy thereof with the clerk or register of the court.
Ala. Code § 12-5-16 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-16
Section 12-5-16 Membership of Chief Justice and Officers, Employees, Etc., of Administrative Office of Courts and Department of Court Management in Organizations and Associations Devoted to Improvement of Justice, Etc., Authorized; Payment of Membership Dues Therefor and for State Membership in Certain National Organizations and Associations
Status: in_force

The Chief Justice and officers, officials and employees of the Administrative Office of Courts and Department of Court Management are authorized to join organizations and associations devoted to the improvement of justice or related activities, the administration of justice and improvement of courts or related activities and to be reimbursed their membership dues.

The director is further authorized to pay such dues and to pay membership dues for the state membership in The National Center for State Courts, Conference of Chief Justices, Conference of State Court Administrators, Appellate Judges Conference, National Conference of Appellate Court Clerks, National Conference of Trial Judges and National Conference of Special Court Judges and other similar organizations out of any moneys appropriated to the Administrative Office of Courts or the Department of Court Management.
Ala. Code § 12-19-76 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-76
Section 12-19-76 Circuit Court Fee for Filing of Report of Sale of Abandoned Motor Vehicle
Status: reserved

Repealed by Act 2006-414, p. 1027, §2, effective July 1, 2006.
Ala. Code § 12-22-191 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-191
Section 12-22-191 Applicability of Division
Status: in_force

This division shall apply to all criminal cases tried in the courts of the State of Alabama where a direct appeal to the Supreme Court or Court of Criminal Appeals is provided by law, also to all related or collateral proceedings, including habeas corpus and coram nobis proceedings, involving the life, liberty or property of a person convicted of a criminal offense where an appeal is provided to the Supreme Court or Court of Criminal Appeals.
Ala. Code § 12-1-14.1 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-14.1
Section 12-1-14.1 Appointment of Special Judge Upon Request; Temporary Service
Status: in_force

(a) At the request of the affected judge in a particular circuit, the presiding circuit court judge of the circuit may appoint and commission a special circuit court judge, special district court judge, or special judge of probate for temporary service. The person so appointed shall possess the qualifications of the judgeship to which he or she is appointed. The special judge shall qualify by taking the oath of office prescribed in the Constitution of Alabama of 1901. The appointment shall confer on the special judge all powers, authority, and jurisdiction of the judgeship to which he or she is appointed. The special judge shall not receive compensation for his or her services.

(b) As used in this section, the term “temporary service” means not more than 180 consecutive days. A special judge may be reappointed, as needed, for more than one period of 180 consecutive days.

(c) This section is supplemental to Section 12-1-14.

(d) Pursuant to this section, the appointments shall be non-discriminatory.
Ala. Code § 12-23-10 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-10
Section 12-23-10 Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established; Use
Status: in_force

The Alcohol and Drug Abuse Court Referral Officer Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall be used for operation of the alcohol and drug abuse court referral officer program. 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 court referral officer program by legislative appropriation, grant, gift, or contributions by counties or municipalities, or otherwise. Such moneys shall be used and expended by the Administrative Director of Courts to establish, organize, and administer the alcohol and drug abuse court referral officer program throughout the state. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except appropriations from other state funds shall remain in the fund to be preserved for the administration of the alcohol and drug abuse court referral officer program.
Ala. Code § 12-11-60 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-60
Section 12-11-60 Settlements of Estates
Status: in_force

(a) When any error of law or fact has occurred in the settlement of any estate of a decedent to the injury of any party, without any fault or neglect on his part, such party may correct such error by filing a complaint in the circuit court within two years after the final settlement thereof. The evidence filed in the probate court in relation to such settlement must be received as evidence in the circuit court, with such other evidence as may be adduced. A failure to appeal from the decree of the probate court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein provided.

(b) The limitations of subsection (a) of this section do not extend to infants or persons of unsound mind who are allowed two years after the termination of their respective disabilities, but in no case to exceed 20 years.

(c) Errors of law or fact in the settlement of accounts of guardians may be corrected in the circuit court according to the provisions of subsections (a) and (b) of this section.
Ala. Code § 12-16-7 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-7
Section 12-16-7 Duty of Juror to Declare Personal Knowledge as to Fact in Controversy During Trial and Proceedings Upon Such Declaration; Proceedings Upon Declaration of Fact by Juror During Retirement of Jury
Status: in_force

If a juror has personal knowledge respecting any fact in controversy, he must declare it in open court during the trial; and, if during the retirement of the jury a juror declares a fact as of his own knowledge which could be evidence in the case, the jury must forthwith return into court and such juror must, in either case, be sworn and examined as a witness in the presence of the parties.
Ala. Code § 12-19-275 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-275
Section 12-19-275 Application
Status: in_force

This article shall apply to any suit or claim or defense or appeal filed subsequent to June 11, 1987. It shall also apply to any suit or claim or defense or appeal which has been filed prior to June 11, 1987, and which is not dismissed within 180 days of June 11, 1987.
Ala. Code § 12-17-122 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-122
Section 12-17-122 Failure of Register or Commissioner to Made Deed of Land
Status: reserved

Repealed by Acts 1977, No. 607, p. 812, §9901, as amended, effective January 1, 1980.
Ala. Code § 12-19-177 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-177
Section 12-19-177 Distribution of Docket Fees - Preliminary Hearings in District Court
Status: in_force

The docket fee collected in circuit court for preliminary hearings in district court shall be remitted to the State General Fund.
Ala. Code § 12-23-13 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-13
Section 12-23-13 Monitoring Fee
Status: in_force

Any alcohol or drug-related offender referred for assessment and placed on probation by the judge shall pay a monitoring fee to the court referral officer which shall also be remitted to the State Treasurer by the court referral officer by the tenth day of each month as set out in Section 12-23-10. The assessment fee and monitoring fees shall be established and regulated by the Administrative Office of Courts and can be adjusted to ensure that adequate financial resources are available to support the court referral program and administration of the programs.
Ala. Code § 12-22-199 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-199
Section 12-22-199 Judgment for Costs Against Petitioner When Appeal Unfavorable; Payment Thereof into General Fund; Liability for Payment
Status: in_force

In appeals taken under the provisions of this division, if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming said judgment or order shall enter a judgment for costs against the defendant or petitioner, including an amount equal to the fees of the court reporter paid by the state for transcribing the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid into the General Fund of the State of Alabama. If such costs are not presently paid by the defendant or petitioner, or by another in his behalf, execution shall be issued by the trial court upon said judgment against the defendant or petitioner; and, if said execution is levied and collected, the proceeds thereof shall be paid into the General Fund of the state. If such execution is returned to the trial court “no property found,” the defendant or petitioner shall be sentenced additionally by the trial court at hard labor for the county, if the punishment for the offense is a fine or confinement in the county jail or hard labor for the county, or by imprisonment in the state penitentiary, if the punishment for the offense is imprisonment in the penitentiary, for an additional term to pay said costs, at the rate of $5.00 per day.
Ala. Code § 12-16-41 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-41
Section 12-16-41 Duty of Jury Commission as to Preparation of Jury Roll and Jury Box; Entry of Juror’s Name on Jury Roll, Etc.; Scanning of Registration Lists, Telephone Directories, Etc., and Visiting of Precincts by Clerk
Status: reserved

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
Ala. Code § 12-21-284 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-284
Section 12-21-284 Exemption from Arrest or Service of Process of Persons Coming into or Passing through State in Obedience to Summons to Attend and Testify
Status: in_force

(a) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

(b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
Ala. Code § 12-12-32 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-32
Section 12-12-32 Criminal Jurisdiction Generally
Status: in_force

(a) Misdemeanors. The district court shall have exclusive original trial jurisdiction over prosecutions of all offenses defined by law or ordinance as misdemeanors, except:

(1) Prosecutions by municipalities having municipal courts;

(2) Any such prosecution which also involves a felony offense which is within the exclusive jurisdiction of the circuit court, except as the district court is empowered to hold preliminary hearings with respect to felonies and to receive guilty pleas as provided in subsection (b) of this section; and

(3) Any misdemeanor for which an indictment has been returned by a grand jury.

(b) Felonies.

(1) The district court may exercise original jurisdiction concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined by law as felonies not punishable by sentence of death.

(2) The district court shall have jurisdiction to hold preliminary hearings in prosecutions for felonies as provided for in Title 15 of this code.
Ala. Code § 12-1-23 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-23
Section 12-1-23 Reasonable Accommodation for Those in Need of Special Services, Etc
Status: in_force

(a) If any plaintiff, defendant, or witness in any proceeding before the district court, circuit court, appellate court, or grand jury is in need of special services or equipment as required by the Americans with Disabilities Act [P.L. 101-366], the court shall make every effort to make reasonable accommodation for the services or equipment to allow the person to fully participate in the proceedings. All costs for the services or equipment shall be approved in advance by the court.

(b) The costs incurred by the district, circuit, or appellate court providing special services or equipment, when approved by the court in advance, shall be forwarded by the clerk of the court to the State Comptroller to be paid out of funds within the State General Fund known as “court assessed costs not provided for.” Nothing in this section shall prohibit the court from taxing the costs against one or more of the parties for immediate payment or from requiring reimbursement to the state at a later date, if not otherwise prohibited by law.
Ala. Code § 12-17-1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-1
Section 12-17-1 County Court Personnel Serving District and Circuit Courts to Become Employees of State; Court Personnel Subject to Benefits and Regulations of Merit and Retirement Systems; Settlement of Disputes Regarding Which Persons Are Court Personnel
Status: in_force

(a) County personnel. - All full-time county personnel, including all persons for whom funding is provided by the unified judicial budget, serving the district and circuit courts, other than sheriff’s deputies and employees and building maintenance and security personnel, shall become employees of the State of Alabama on October 1, 1977. No such personnel so employed as of August 26, 1976 shall be deemed to be ineligible to continue as an employee of the respective courts by virtue of or by operation of the provisions of Section 41-1-5, nor shall such person be deemed to be in violation of the provisions of Section 41-1-5.

(b) Merit and retirement systems. - Except as otherwise provided by law or rule, all court personnel employed by the state shall be subject to the State Merit System, retirement and other benefits applicable to other state employees.

(c) Determination of controversies as to composition, etc., of court personnel. - Any controversy regarding the composition of that class of persons qualifying as court personnel shall be determined by the Administrative Director of Courts with the advice and consent of the Supreme Court except where such determinations relate to eligibility, membership, benefits or any other question whatsoever related to retirement, such determination shall be made by the board of control of the Employees’ Retirement System of Alabama.
Ala. Code § 12-9-9 — Alabama Code / Title 12 / Chapter 9 / Section 12-9-9
Section 12-9-9 Use of Appropriated Funds or Grants
Status: in_force

In the event funds are appropriated by the Legislature for this commission or any grants or other assistance are received by the commission, then the expenses of the members and all other expenses, including compensation of personnel, secretaries, experts and consultants may be paid out of such funds appropriated or from any grants or other assistance received as may be directed by the chairman of the commission.
Ala. Code § 12-9A-1 — Alabama Code / Title 12 / Chapter 9A / Section 12-9A-1
Section 12-9A-1 Creation and Composition; Duties
Status: in_force

(a) A permanent study commission on the judicial resources in Alabama is hereby created and shall be known as the Judicial Resources Allocation Commission. The commission shall be composed of the following members:

(1) The Chief Justice of the Supreme Court of Alabama, who shall serve as chair.

(2) The legal advisor to the Governor of Alabama.

(3) The Alabama Attorney General.

(4) Three incumbent circuit judges appointed by the President of the Circuit Judges Association, one of whom shall be from the most populous circuit. One member shall be appointed for three years, one member shall be appointed for four years, and one member shall be appointed for five years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for five-year terms. Any member so appointed shall serve only so long as the member remains an incumbent circuit judge.

(5) Three incumbent district judges appointed by the President of the District Judges Association, one of whom shall be from a county without a dedicated circuit judge. One member shall be appointed for three years, one member shall be appointed for four years, and one member shall be appointed for five years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for five-year terms. Any member so appointed shall serve only so long as the member remains an incumbent district judge.

(6) Three licensed attorneys, two appointed by the President of the Alabama State Bar and one appointed by the President of the Alabama Lawyers Association. One member shall be appointed for three years, one member shall be appointed for four years, and one member shall be appointed for five years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for five-year terms. Any member so appointed shall serve only so long as the member remains a member in good standing of the Alabama State Bar.

(b) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The appointing authorities must coordinate together to achieve this diversity.

(c) A majority of the commission shall constitute a quorum for the transaction of business. The commission shall meet at least once annually beginning in the first quarter of 2018. The first committee meeting shall be set by the Chief Justice. Members shall serve without compensation.

(d) The commission shall annually review the need for increasing or decreasing the number of judgeships in each district court and circuit court using the following criteria:

(1) Judicial Weighted Caseload Study, as adopted by the Alabama Supreme Court.

(2) Population of the district or circuit as determined on the basis of the most recent decennial census of the United States or annual population estimates prepared by the United States Bureau of the Census.

(3) Judicial duties in the district or circuit, including consideration of those circuits which have specialized divisions.

(4) Uniformity in the calculation of how civil, criminal, and domestic cases are accounted for between circuits.

(5) Any other information deemed relevant by the commission.

(e) Based on the criteria in subsection (d), the commission shall annually determine the need for increasing or decreasing judgeships in the district and circuit courts and rank each court accordingly. The commission shall provide this list to the Governor and the Legislature no later than 30 days after it is completed.
Ala. Code § 12-12-8 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-8
Section 12-12-8 District Attorney of Circuit Charged with Responsibility for District Court Prosecutions
Status: in_force

The district attorney of the circuit in which a district court is located shall have responsibility for prosecutions in the district court.
Ala. Code § 12-10-1 — Alabama Code / Title 12 / Chapter 10 / Section 12-10-1
Section 12-10-1 Designation and Term of Office of Chairman
Status: in_force

The members of the Judicial Compensation Commission created by Constitutional Amendment No. 328 shall, by majority vote, designate a chairman from among their number who shall serve for one year from the date of election or until his successor is designated and assumes his responsibilities.
Ala. Code § 12-16-59 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-59
Section 12-16-59 Drawings from Master Jury Box; Preparation and Contents of Juror Qualification Forms; Completion of Qualification Forms by Prospective Jurors; Misrepresentation of Material Facts on Qualification Forms
Status: in_force

(a) From time to time and in a manner prescribed by the circuit court, the jury commission shall publicly draw at random from the master jury box the names or identifying numbers of as many prospective jurors as the court orders. Neither the names drawn nor any list thereof shall be disclosed to any person other than pursuant to this article or specific order of the court. The jury commission shall mail to every prospective juror whose name is drawn from the master jury box a juror qualification form accompanied by instructions to fill out and return the form to the jury commission within 10 days after its receipt.

(b) The juror qualification form shall be prepared by the Supreme Court of Alabama and shall elicit the name, age and address of the prospective juror, and whether or not the prospective juror:

(1) Is a citizen of the United States;

(2) Has been a resident of the county for 12 months;

(3) Is able to read, speak, understand and follow instructions given by a judge in the English language;

(4) Has lost the right to vote by conviction for any offense involving moral turpitude.

(c) The juror qualification form shall contain the prospective juror’s declaration that the responses are true to the best of the knowledge of the juror. If the prospective juror is unable to fill out the form, another person may do so for the juror, and shall indicate on the form who filled it out and the reason therefor.

(d) If there is an omission, ambiguity or error in a returned form, the commission shall again send a form to the prospective juror with instructions to make the necessary additions, clarification or correction and return the form within 10 days of its receipt.

(e) In the event any prospective juror fails to return a completed juror qualification form as instructed by the commission, the commission shall notify the prospective juror to appear forthwith before the commission to fill out properly the juror qualification form. At the time of the appearance of the juror before the commission, the juror may be required to fill out another form, and may be questioned with regard to the responses to the questions contained on the form and the grounds for excuses or disqualification. Any information thus acquired shall be noted on the form.

(f) In the event any prospective juror fails to return a completed juror qualification form as instructed by the commission, or fails to appear before the commission, the name of such prospective juror may be certified to the court to appear and show cause for such failure. If the prospective juror fails to appear pursuant to the court’s order, or fails to show good cause for failure to follow instructions of the commission, such prospective juror shall be guilty of criminal contempt of court, and upon conviction shall be punished accordingly.

(g) Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of securing or avoiding service as a juror shall be guilty of a misdemeanor, and upon conviction therefor, shall be punished accordingly.
Ala. Code § 12-17-233.1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-233.1
Section 12-17-233.1 Transfers of Budget Excesses
Status: in_force

For the purposes of Section 41-19-10, the Office of Prosecution Services is considered within the same program as the offices of district attorneys. Upon approval of the finance director, transfers of any budget excesses from district attorneys objects of expenditures may be made to the Office of Prosecution Services objects of expenditures. Any such transfers to said office shall not revert to the General Fund and may be expended by the Office of Prosecution Services in accordance with applicable law. Any such transfers to the Office of Prosecution Services are limited to two and one half percent of district attorneys annual budget.
Ala. Code § 12-3-1 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-1
Section 12-3-1 Courts Created; Composition; Qualifications of Judges
Status: in_force

A Court of Criminal Appeals and a Court of Civil Appeals, each composed of five judges, possessing the qualifications of the Supreme Court justices, including, but not limited to, the qualifications provided in subsection (b) of Section 12-2-1, are hereby created and established.
Ala. Code § 12-11-2 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-2
Section 12-11-2 State Divided into Judicial Circuits; Enumeration of Circuits
Status: in_force

The State of Alabama is divided into judicial circuits for the circuit courts, numbered and composed of counties as follows:

(1) First circuit - Choctaw, Clarke and Washington.

(2) Second circuit - Butler, Crenshaw and Lowndes.

(3) Third circuit - Barbour and Bullock.

(4) Fourth circuit - Bibb, Dallas, Hale, Perry and Wilcox.

(5) Fifth circuit - Chambers, Macon, Randolph and Tallapoosa.

(6) Sixth circuit - Tuscaloosa.

(7) Seventh circuit - Calhoun and Cleburne.

(8) Eighth circuit - Morgan.

(9) Ninth circuit - Cherokee and DeKalb.

(10) Tenth circuit - Jefferson.

(11) Eleventh circuit - Lauderdale.

(12) Twelfth circuit - Coffee and Pike.

(13) Thirteenth circuit - Mobile.

(14) Fourteenth circuit - Walker.

(15) Fifteenth circuit - Montgomery.

(16) Sixteenth circuit - Etowah.

(17) Seventeenth circuit - Marengo, Greene and Sumter.

(18) Eighteenth circuit - Shelby.

(19) Nineteenth circuit - Autauga, Chilton and Elmore.

(20) Twentieth circuit - Henry and Houston.

(21) Twenty-first circuit - Escambia.

(22) Twenty-second circuit - Covington.

(23) Twenty-third circuit - Madison.

(24) Twenty-fourth circuit - Fayette, Lamar and Pickens.

(25) Twenty-fifth circuit - Marion and Winston.

(26) Twenty-sixth circuit - Russell.

(27) Twenty-seventh circuit - Marshall.

(28) Twenty-eighth circuit - Baldwin.

(29) Twenty-ninth circuit - Talladega.

(30) Thirtieth circuit - St. Clair.

(31) Thirty-first circuit - Colbert.

(32) Thirty-second circuit - Cullman.

(33) Thirty-third circuit - Dale and Geneva.

(34) Thirty-fourth circuit - Franklin.

(35) Thirty-fifth circuit - Conecuh and Monroe.

(36) Thirty-sixth circuit - Lawrence.

(37) Thirty-seventh circuit - Lee.

(38) Thirty-eighth circuit - Jackson.

(39) Thirty-ninth circuit - Limestone.

(40) Fortieth circuit - Clay and Coosa.

(41) Forty-first circuit - Blount.
Ala. Code § 12-17-225.5 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-225.5
Section 12-17-225.5 Amnesty Period
Status: in_force

There shall be an amnesty period of 60 days after August 7, 1995 during which any person may voluntarily pay in full any duly assessed court costs, fines, victim compensation assessments, bail bond forfeitures, penalty payments, restitution, or like payments in default. Commencing with the sixty-first day after August 7, 1995, the enforcement and collection procedures provided in this division shall be implemented.
Ala. Code § 12-22-91 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-91
Section 12-22-91 Appeal When Statute Under Which Prosecution Preferred Held Unconstitutional
Status: in_force

In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf of the state to the Supreme Court, which appeal shall be certified as other appeals in criminal cases, and the clerk must transmit, without delay, the record on appeal and the notice of appeal to the Supreme Court.
Ala. Code § 12-18-93 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-93
Section 12-18-93 Cost-of-Living Adjustments
Status: in_force

(a) Any retired judge of probate receiving benefits from the Judicial Retirement Fund shall be entitled to receive any cost-of-living adjustment provided by law for state employees who are retired under the State Employees’ Retirement System after April 21, 1998.

(b) The cost-of-living adjustments provided for retired judges of probate under subsection (a) shall be financed from time to time, from the investment income of the Judicial Retirement Fund.
Ala. Code § 12-10A-6 — Alabama Code / Title 12 / Chapter 10A / Section 12-10A-6
Section 12-10A-6 Applicability to Other Constitutional Officers
Status: in_force

(a) Any district attorney or constitutional officer other than a judge whose compensation is affected by this chapter who receives a local supplement shall have his or her supplement reduced by any increase in his or her state compensation until the supplement is eliminated. No officer appointed or elected after October 1, 2001, shall receive a county supplement or expense allowance in addition to his or her state salary and no salary supplement or expense allowance may increase after June 10, 1999.

(b) The phrase “circuit judges” as used in Section 12-17-182, shall refer to circuit judges who, due to bench experience, are receiving the maximum amount of state compensation.
Ala. Code § 12-21-102 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-102
Section 12-21-102 Copies of Letters Testamentary, Administration, and Guardianship
Status: in_force

Copies of letters testamentary and of administration and guardianship shall be primary evidence of the fact of administration and guardianship to the same extent as the original letters, provided such copies of letters are duly certified from the proper record of the proper officer.
Ala. Code § 12-19-173 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-173
Section 12-19-173 Distribution of Docket Fees - Cases in Circuit and District Courts in Which Bond Forfeited
Status: in_force

(a) The following distribution shall be made of docket fees in cases where the defendant forfeits bond in either the district court or circuit court:

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

(2) Thirty-nine dollars ($39) to the State General Fund.

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

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

(b) Effective October 1, 2000, the docket fees for bond forfeitures in district and circuit courts shall be increased by five dollars ($5) and the additional fee shall be deposited into the Fair Trial Tax Fund.
Ala. Code § 12-16-8.1 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-8.1
Section 12-16-8.1 Discharge of Employee or Adverse Employee Action
Status: in_force

(a) No employer in this state may discharge any employee or subject any employee to an adverse employment action solely because he or she serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his or her next regularly scheduled hour after being dismissed from any jury.

(b) Any employee who is so discharged or subjected to an adverse employment action shall have a cause of action against the employer for the discharge or adverse employment action in any court of competent jurisdiction in this state and shall be entitled to recover both actual and punitive damages.

(c) The provisions of this section are supplemental to any statutes, existing or to be enacted in the future, that are designed to protect and safeguard a citizen’s right and duty to serve on a lawful jury, and the provisions of this section shall not repeal or supersede the provisions of any law not directly inconsistent herewith.
Ala. Code § 12-16-31 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-31
Section 12-16-31 Composition; Qualifications of Members; Members May Not Hold Other Offices or Perform Other Public Duties Under Federal, State, Etc., Governments for Compensation
Status: in_force

Each of said jury commissions shall be composed of three members who shall be qualified electors of the county in which they are appointed and shall be persons reputed for their fairness, impartiality, integrity and good judgment.

Members of the commission shall not during the term for which they are appointed and during their tenure in said office hold any other office by appointment or election or perform any other public duty under the federal, state, county or municipal government which carries with it any compensation whatsoever.
Ala. Code § 12-15-305 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-305
Section 12-15-305 Right to Counsel for Petitioners or Respondent Parents, Legal Guardians, or Legal Custodians in Dependency Proceedings
Status: in_force

(a) Upon request and a finding of indigency, the juvenile court may appoint an attorney to represent the petitioner and may order recoupment of the fees of the attorney to be paid to the State of Alabama.

(b) In dependency and termination of parental rights cases, the respondent parent, legal guardian, or legal custodian shall be informed of his or her right to be represented by counsel and, if the juvenile court determines that he or she is indigent, counsel shall be appointed where the respondent parent, legal guardian, or legal custodian is unable for financial reasons to retain his or her own counsel.
Ala. Code § 12-19-9 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-9
Section 12-19-9 Transfer to State of Title to County-Owned Equipment, Furniture and Supplies Utilized in Operation of Judicial System
Status: in_force

(a) The county-owned equipment and furniture used in the operation of the judicial system shall become the property of the state as follows:

(1) On January 16, 1977, all county-owned equipment and furniture used by circuit judges and district judges, formerly judges of the courts of the county, other than that used by judges of probate and municipal courts, shall become the property of the state; and

(2) On October 1, 1977, all remaining county-owned property used in the operation of the judicial system shall become the property of the state.

(b) Supplies located in offices covered by the inventory shall become the property of the state on the date when the furniture and equipment in the office or agency becomes the property of the state.
Ala. Code § 12-15-504 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-504
Section 12-15-504 Creation of Executive Council of the State Team; Membership; Duties
Status: in_force

There is created an Executive Council of the State Team consisting of the heads of the following departments or agencies: Department of Education, Department of Human Resources, Department of Mental Health, Department of Public Health, and the Department of Youth Services. The Executive Council shall exercise general supervision and oversight over the State Team, approve its state plan and its budget, oversee all financial arrangements, approve all policies and procedures, as well as amendments thereto, and establish minimum standards for the operation of county teams.
Ala. Code § 12-11-32 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-32
Section 12-11-32 Jurisdiction to Sell Property and Franchises of Public Utility Corporation
Status: in_force

All circuit courts of this state are authorized and empowered to order the sale of the property and franchises of public utility corporations upon a civil action by a creditor or creditors having a judgment against such public utility corporations.
Ala. Code § 12-15-207 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-207
Section 12-15-207 Filing of Petition and Conduct of Hearing as to Necessity for Continuation of Detention or Shelter Care of a Child; Violation of Probation and Aftercare
Status: in_force

(a) When a child is not released from detention or shelter care as provided in Section 12-15-127, a petition shall be filed and a hearing held within 72 hours of placement in detention or shelter care, Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether or not continued detention or shelter care is required.

(b) Notice of the detention or shelter care hearing, either verbal or written, stating the date, time, place, and purpose of the hearing and the right to counsel shall be given by a juvenile probation officer to the parent, legal guardian, or legal custodian if they can be found and to the child if the child is over 12 years of age .

(c) At the commencement of the detention or shelter care hearing, the juvenile court shall advise the parent, legal guardian, legal custodian, and the parties of the right to counsel and shall appoint counsel if the juvenile court determines they are indigent. The parties shall be informed of the right of the child to remain silent. The parent, legal guardian, legal custodian, and the parties 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. Prior to the acceptance of an admission of the allegations of the petition, the juvenile court shall: (1) Verify if the child was previously convicted or adjudicated a youthful offender pursuant to Section 12-15-203 or (2) rule on any motion of the prosecutor requesting the juvenile court to transfer the child for criminal prosecution. The juvenile court shall not accept a plea of guilt or an admission to the allegations of the petition in any case in which the child will be transferred for prosecution as an adult, either by grant of the motion of the prosecutor to transfer or pursuant to Section 12-15-203.

(d) All relevant and material evidence helpful in determining the need for detention or 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 rehear the matter within 24 hours

(f) If a person 18 years of age or older is alleged to have violated a condition of probation or aftercare after the person was adjudicated to be delinquent, the juvenile court may order that the person be confined in the appropriate jail or lockup for adults as ordered by the juvenile court.
Ala. Code § 12-25-34.1 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-34.1
Section 12-25-34.1 Approval of the Initial Voluntary Sentencing Standards
Status: in_force

The initial voluntary sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary of the Senate, and the Clerk of the House of Representatives, are approved for implementation effective on October 1, 2006, under the terms and conditions set out in Sections 12-25-34 and 12-25-35; provided however, that these standards shall not apply to any sex offense involving a victim under the age of 12.
Ala. Code § 12-18-130 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-130
Section 12-18-130 Applicability
Status: in_force

This article does not apply to anyone who assumed office as a justice of the Supreme Court, a judge of the Court of Civil Appeals, a judge of the Court of Criminal Appeals, or a circuit judge before July 30, 1979. This article also does not apply to anyone who assumed office as a district judge before July 30, 1979, and later assumed or assumes office as a justice of the Supreme Court, a judge of the Court of Civil Appeals, a judge of the Court of Criminal Appeals, or a circuit judge.
Ala. Code § 12-13-12 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-12
Section 12-13-12 Applicability of Provisions Pertaining to Evidence, Pleading, and Practice, Etc., in Circuit Court
Status: in_force

The provisions of this code in reference to evidence, pleading and practice, judgments and orders in the circuit court, so far as the same are appropriate, and the mode of obtaining evidence by oral examination or by deposition and of compelling the attendance of witnesses and of enforcing orders and judgments, in the absence of express provision to the contrary, are applicable to the proceedings in the probate court.
Ala. Code § 12-21-200 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-200
Section 12-21-200 Proof of Intent to Injure, Defraud or Cheat
Status: in_force

When an intent to injure, defraud or cheat is necessary to be shown in order to constitute the offense, it is sufficient if such intent be to injure, defraud or cheat the United States, this state or any other state, or any public officer thereof, or any county, city, town, corporation, body politic or private individual.
Ala. Code § 12-15-402 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-402
Section 12-15-402 Authority and Procedure
Status: in_force

(a) The state, any county, any municipality, or any governmental department or agency, including, but not limited to, the Department of Human Resources or the Department of Youth Services, or any person, including a parent, legal guardian, or legal custodian, may file a petition in the juvenile court to have any minor or child, as defined in this chapter, committed to the custody of the department on the basis that the minor or child is an individual with a mental illness or intellectual disability and, as a consequence of that mental illness or intellectual disability, poses a real and present threat of substantial harm to self or to others.

(b) The petition shall be verified and filed in the county in which the minor or child is located or resides, petitioning the juvenile court to commit the minor or child to the custody of the department.
Ala. Code § 12-5-1 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-1
Section 12-5-1 Administrative Office of Courts Created
Status: in_force

The Administrative Office of Courts is hereby created.
Ala. Code § 12-17-212 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-212
Section 12-17-212 Qualifications for Supernumerary Status - Twelve Years Service and Total Disability; 25 Years Continuous Service; 20 Years Service as Judge and District Attorney, Etc
Status: in_force

Any district attorney or other like prosecuting officer by whatever name designated of this state who has served continuously for as much as 12 years and who has become permanently and totally disabled, proof of such disability being made by certificate of three reputable physicians, or who has served continuously for as much as 25 years, and any person holding office as a judge of a county law and equity court on January 1, 1960, who has served continuously as a district attorney or other like prosecuting officer by whatever name designated for 20 years or more, may elect to become a supernumerary district attorney of the State of Alabama by filing, while in service as such prosecuting officer or judge, a written declaration to that effect with the Governor, which written declaration shall set forth one of the foregoing conditions under which a person may elect to become a supernumerary district attorney; and, in case of permanent and total disability, such declaration shall have attached thereto the certificate of disability signed by three reputable physicians as above required; whereupon, if the matters set forth in such declaration are true, and other requirements above required are complied with, the Governor shall issue to such declarant a commission as supernumerary district attorney of the State of Alabama.

For the purposes of this section, service in the armed forces of the United States shall not be deemed to interrupt continuous service as such district attorney.
Ala. Code § 12-22-172 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-172
Section 12-22-172 Stays of Execution on Confessed Judgments in Misdemeanors
Status: in_force

In the case of a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and costs as if no appeal were taken, but execution thereon must be stayed pending the appeal, pursuant to the Alabama Rules of Appellate Procedure. If the judgment of conviction is reversed, the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or the appeal is dismissed, execution on such confessed judgment may issue at once.
Ala. Code § 12-21-111 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-111
Section 12-21-111 Verified Itemized Statement as Evidence of Account’s Correctness
Status: in_force

In all actions upon accounts, an itemized statement of the account, verified by the affidavit of a competent witness, taken before and certified by, a notary public or any officer having authority under the laws of this or another state to take and certify affidavits, is competent evidence of the correctness of the account if the plaintiff, at the time of bringing his action, files with his complaint such verified itemized statement and endorses on the complaint the fact that the account is verified by affidavit. Unless the defendant, within the time allowed him for pleading, files in the case an affidavit denying on information and belief the correctness of the account, which affidavit of the defendant shall state whether or not the defendant denies liability and whether or not he disputes the whole account or only a part or parts or an item or items thereof (if defendant disputes only a part or parts or an item or items of the account and not the whole account, he shall state in such affidavit what parts or items are disputed by him), the verified account so filed and noted by the plaintiff shall be competent evidence of the correctness of all parts and items of the account not disputed by defendant’s affidavit. Any person who files a denial of the correctness of the verified account and thereby causes delay or a continuance of the case, when, on final hearing of the case, the judge of the court does not believe that the denial affidavit was made in good faith, shall be penalized in a sum not exceeding five percent of the amount of the judgment recovered, which sum shall be added to and become a part of the judgment. The presence on the affidavit of the seal of the officer purporting to take such affidavit shall be prima facie evidence of the fact that it was affixed thereto by such officer.
Ala. Code § 12-16-210 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-210
Section 12-16-210 Disclosure of Indictment by District Attorney, Grand Juror, Etc., Prior to Arrest, Etc., of Person Indicted
Status: in_force

Any judge, district attorney, clerk or other officer of court or grand juror who discloses the fact that an indictment has been found before the person indicted has been arrested or has given bail for his appearance to answer thereto shall, on conviction, be fined not less than $200.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Ala. Code § 12-22-73.1 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-73.1
Section 12-22-73.1 Applicability of 1987 Amendment to Sections 12-22-72 and 12-22-73
Status: in_force

On the effective date of Act No. 87-188 [June 11, 1987], the provisions contained therein shall apply to all causes of action not yet filed, any lawsuit upon which any judgment has not been rendered and/or all judgments which have not been affirmed by an appropriate appellate court and had a 10 percent penalty assessed as so provided by Section 12-22-72 and/or Section 12-22-73.
Ala. Code § 12-18-12 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-12
Section 12-18-12 Applicability of Provisions of Article to Future Additional State Judicial Offices
Status: in_force

Should there hereafter be created a different or additional state judicial office, for which officeholders receive compensation from the State Treasury, then the provisions of this article shall be applicable to such state judicial officeholders; provided, however, that if the different or additional office is an appellate position, then the provisions applicable to a judge of the Court of Criminal Appeals or Court of Civil Appeals shall be applicable to such different or additional judicial office; and, if the different or additional judicial office is a trial position, then the provisions of this article applicable to a circuit judge shall be applicable to the different or additional judicial position.
Ala. Code § 12-17-211 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-211
Section 12-17-211 Qualifications for Supernumerary Status - Fifteen Years of Service and Not Less Than 70 Years of Age
Status: in_force

Any district attorney of this state who has served continuously for 15 years as district attorney and who is not less than 70 years of age may elect to become a supernumerary district attorney of the state by filing, while in service, a written declaration to that effect with the Governor, who shall, if the age of the declarant is not less than 70 and his continuous service as district attorney is not less than 15 years, thereupon issue to such declarant a commission as supernumerary district attorney of the State of Alabama.
Ala. Code § 12-12-3 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-3
Section 12-12-3 Trial of Cases
Status: in_force

All cases in the district court shall be tried by the judge, who shall determine all issues of law and fact without a jury.
Ala. Code § 12-18-52 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-52
Section 12-18-52 Contributions to Retirement Fund by Judges
Status: in_force

After January 16, 1977, each district judge who comes under the provisions of Article 1 of this chapter by election or by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of his annual compensation paid by the State of Alabama; provided, that after February 1, 1977, the rate of contribution to be paid by such judge shall be six percent of his salary derived from the State of Alabama, but such increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%) of their salary. Such percentages shall be deducted by the state Comptroller from each such judge’s salary and paid into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the judge from whose salary it was deducted.

The Supreme Court of Alabama may provide that the state shall pickup member contributions to the Judicial Retirement Fund, as required by Section 12-18-5 and this section, on behalf of all appellate justices or judges, circuit and district judges who participate in the judicial retirement fund and that the counties shall pickup member contributions to the Judicial Retirement Fund, as required by Section 12-18-81, on behalf of all probate judges who participate in the Judicial Retirement Fund, by a corresponding reduction in the salary of the member, such pickup to be mandatory for all such judges, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. These contributions shall be paid from the same source of funds which is used in paying earnings to the member. If member contributions are so picked up they shall be treated for all other purposes of state law in the same manner and to the same extent as member contributions made prior to the date picked up.
Ala. Code § 12-17-64 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-64
Section 12-17-64 Residence
Status: in_force

Each district judge must have resided in the district from which he is elected, appointed or commissioned for at least 12 months preceding his election or appointment and must reside in such district during his continuance in office.
Ala. Code § 12-15-505 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-505
Section 12-15-505 State Team Established; Membership; Term; Duties; Hiring Authority
Status: in_force

(a) The State Team is created and shall consist of a representative appointed by the head of the following departments, agencies, or organizations: The Department of Education, the Department of Human Resources, the Department of Mental Health, the Department of Public Health, the Department of Youth Services, and the Alabama Chief Probation Officers Association.

(b) The appointments to the State Team shall be for a term of three years beginning October 1, 1993, and each three years thereafter and until their successors are appointed, except that the initial appointments of the representatives of the Department of Human Resources and the Department of Mental Health shall be for three years; the initial appointments of the representatives of the Department of Education and the Department of Youth Services shall be for two years; and the initial appointments of representatives of the Department of Public Health and the Alabama Chief Probation Officers Association shall be for one year. Any vacancies in the appointed positions shall be filled in like manner as their predecessors and shall serve for the remainder of the term of their predecessors and until a successor is appointed. Representatives may be reappointed for additional terms.

(c) The State Team shall annually select one of its members to serve as chair and may select other officers as needed.

(d) The State Team shall meet at least monthly at a time and place that is mutually agreeable.

(e) The State Team shall:

(1) Develop and implement interagency plans for statewide services for multiple needs children.

(2) Develop guidelines, policies, and procedures for the allocation of available resources for services to multiple needs children. These guidelines, policies, and procedures shall be approved by the Executive Council of the State Team.

(3) Be authorized to exchange records, documents, and information among members of the state and county teams as well as the departments or agencies the members represent for the purposes of assessment, planning, and delivery of services to children.

(4) Consult with the county teams to ensure that all efforts to provide services locally and in the least restrictive environment are exhausted before a case is referred to the State Team. Upon receiving a referral, the State Team shall develop a plan which shall be binding on the county team. The State Team may allocate resources to implement the plan for services and treatment in accordance with the budget approved by the Executive Council of the State Team.

(5) The State Team may accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing this section. All these funds shall be deposited into the State Multiple Needs Children Fund, which shall be under the management of the State Team. Moneys of the fund may be withdrawn by vouchers authorized by the Director of the Multiple Needs Child Office in accordance with the operations plan approved by the Executive Council of the State Team.

(6) The State Team shall report periodically to the Alabama Children’s Policy Council on the services available within the state, the number of cases upon which the State Team has been consulted or requested to formulate a service plan, and budgetary needs or constraints affecting delivery of services.

(f) The State Team may employ staff, conditioned upon appropriation of funds, to carry out the duties of the State Team. Employment may be through contract or appointment pursuant to the State Merit System, utilizing one of the member departments or agencies as the appointing or contracting authority. Supervision of the Director of the Multiple Needs Child Office shall be by the chair of the State Team.
Ala. Code § 12-21-86 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-86
Section 12-21-86 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 12-15-217 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-217
Section 12-15-217 Notice of Delinquent Acts. (Amended by Act 2026-305)
Status: in_force

AMENDED BY ACT 2026-305, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Notwithstanding subsection (a) of Section 12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has been found delinquent of an act which if committed by an adult would be a Class A or B felony or any other crime, at the discretion of the juvenile court, shall be provided within seven days to the superintendent of the school district of attendance, or, if the child attends a private school, to the principal of the school. The juvenile court shall provide the notice using whatever method it deems appropriate or otherwise as decided by the Administrative Office of Courts. The prosecutor may recommend to the juvenile court that notice be given to the school for any delinquent act. Written notice shall include only the offenses, enumerated by the appropriate code section and brief description, found to have been committed by the child and the disposition of the case involving the child. Where applicable, this notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the child. In addition, the principal may disseminate the information to any teacher, administrator, or other school employee directly supervising or reporting on the behavior or progress of the child whom the principal believes needs the information to work with the pupil in appropriate fashion or to protect other students and staff.

(b) Any information received by a teacher, counselor, administrator, or other school employee pursuant to this section shall be received in confidence for the limited purpose of rehabilitating the child and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the child, his or her parent, legal guardian, legal custodian, law enforcement personnel, and the juvenile probation officer of the child is necessary to effectuate the rehabilitation of the child or to protect students and staff.

(c) An intentional violation of the confidentiality provisions of this section is a Class A misdemeanor under the jurisdiction of the juvenile court.
Ala. Code § 12-17-227.2 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.2
Section 12-17-227.2 Scope and Application of Plan; Contributions
Status: in_force

(a) Every district attorney first elected or appointed to his or her position on or after November 8, 2016 shall come under this division by operation of law. Each district attorney shall contribute to the fund eight and one-half percent (8.5%) of his or her annual salary. The percentages shall be deducted by the employer from each district attorney’s salary and paid into the fund in the State Treasury and credited to the individual account of the district attorney from whose salary it was deducted.

(b) On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the annual salary of each member to be the employer’s contribution. The percentage rate of such contribution shall be fixed for each fiscal year on the basis of the liabilities as shown by the last annual actuarial valuation, and such percentage rate as established by such valuation shall take effect the following October 1 and continue in effect for the fiscal year. Such contribution shall be made by the Office of the District Attorney who employs the member.
Ala. Code § 12-19-130 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-130
Section 12-19-130 Circuit and District Court Witness Fees Generally
Status: in_force

In civil cases in circuit court and district court, witness fees shall be collected in the amount prescribed by law and shall be distributed to witnesses pursuant to law.
Ala. Code § 12-17-193 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-193
Section 12-17-193 Fees of District Attorneys to Be Paid into State Treasury
Status: in_force

All fees which may be by law taxed as district attorneys’ fees against defendants on convictions belong to the state and, when collected, shall be paid into the State Treasury.
Ala. Code § 12-14-90 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-90
Section 12-14-90 Establishment of Pretrial Diversion Program
Status: in_force

(a) The governing body of any municipality may establish or abolish a pretrial diversion program for that municipality and may provide for the assessment and collection of fees for the administration of such program.

(b) Any pretrial diversion program established pursuant to this article shall be under the supervision of the presiding judge for the municipality pursuant to any rules and regulations established by the municipal governing body. The presiding judge, with approval of the municipal governing body and the municipal prosecutor, may contract with any agency, person, or business entity for any service necessary to accomplish the purpose of this article.

(c) The presiding municipal judge, acting in consultation with the municipal prosecutor, shall have the authority to establish all rules and terms necessary for the implementation of a pretrial diversion program.
Ala. Code § 12-16-2 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-2
Section 12-16-2 Persons Exempted from Jury Duty
Status: reserved

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
Ala. Code § 12-16-42 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-42
Section 12-16-42 Preparation, Maintenance, Etc., of Jury Roll, Cards and Box Generally
Status: reserved

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
Ala. Code § 12-19-192 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-192
Section 12-19-192 Coroners Generally
Status: in_force

(a) Coroners shall be entitled to the following fees:

(1) For going to and returning from the place where he holds an inquest, for each mile traveled ..... $.06

(2) For holding an inquest, when ordered by a judge of a court of record or by the district attorney ..... 7.50

(3) For summoning a jury on inquest ..... 1.00

(4) For each subpoena ..... .25

(5) For each warrant of arrest ..... .50

(6) For each bond or undertaking returned to court ..... .50

(7) For investigation and certification of the cause of death when no jury is summoned or postmortem examination made by a physician or surgeon as provided in Section 12-19-193, $.06 for each mile traveled in going and returning, and $7.50 to be paid from the county treasury.

(8) For all services performed when discharging the duty of the sheriff in cases authorized by law, the same fees that were allowed the sheriff for similar services on December 18, 1973.

(b) In no event shall the coroner be entitled in any one year to fees exceeding in the aggregate $1,200.00.
Ala. Code § 12-9-3 — Alabama Code / Title 12 / Chapter 9 / Section 12-9-3
Section 12-9-3 Reimbursement of Expenses of Members
Status: in_force

The members of the study commission on Alabama’s judicial system are entitled to reimbursement for their actual and necessary expenses, including travel, lodging and meals, while on official business of said commission or attending its meetings, which said expenses may be paid as follows:

(1) The expenses of the Lieutenant Governor and the members who are legislators may be paid out of any funds appropriated to the Legislature or out of any funds appropriated for joint interim committees of the Legislature as the chairman of the commission may direct, but in the amounts as if they were performing legislative duties.

(2) The expenses of the members of the Judicial Conference while on official business of the commission may be paid out of any funds authorized for the Judicial Conference, as the chairman of the commission may direct.

(3) The expenses of the Governor’s legal advisor, member of the Attorney General’s staff and judges and justices may be paid out of funds available for travel in their respective departments or courts or circuit judges’ travel allowance as the chairman of the commission may direct.
Ala. Code § 12-17-24.1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-24.1
Section 12-17-24.1 Family Court Divisions; Implementation Plan
Status: in_force

(a) Except as provided in subsection (c), the presiding circuit judge of any judicial circuit may establish by means of a written order, a family court division or divisions of the judicial circuit. The presiding circuit judge shall assign one or more of the existing circuit or district judges to preside in the family court division. The circuit or district court judges assigned to the family court division shall handle all cases and proceedings involving domestic relations, divorces, annulments of marriage, legal separations, custody and support of children, granting and enforcement of alimony, proceedings under any uniform interstate support or custody act, and all other domestic and marital matters over which the circuit courts have jurisdiction, including non-support cases arising in the circuit court under Chapter 3 and Chapter 4, Title 30, as well as other matters within the jurisdiction of the juvenile court. In the event a district judge is assigned, the district judge shall serve as an ex officio circuit judge when handling cases. The presiding circuit judge may assign other relevant cases to the family court division.

(b) The presiding circuit judge of each judicial circuit choosing to establish a family court division shall coordinate with the Administrative Director of Courts in the development of a written implementation plan and shall submit the plan to the Chief Justice of the Alabama Supreme Court for approval. The plan shall become effective no later than 90 days upon approval by the Chief Justice of the Alabama Supreme Court.

(c) This section shall not apply to any circuit which already has a family court structure established by local law, including the Sixth, Seventh, Tenth, Thirteenth, Fifteenth, Twentieth, Twenty-third, and Thirty-seventh Judicial Circuits, unless otherwise provided by local law.
Ala. Code § 12-17-191 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-191
Section 12-17-191 Allowance for Attendance Outside Home County
Status: in_force

District attorneys in judicial circuits of more than one county shall receive the sum of $1,000.00 per annum, payable monthly from the treasury, said additional allowance to be in reimbursement for reasonable expenses while in attendance upon court outside of their home county.
Ala. Code § 12-15-401 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-401
Section 12-15-401 Definitions
Status: in_force

For purposes of this article, the following words and phrases shall have the following meanings:

(1) COMMIT. Transfer legal and physical custody.

(2) DEPARTMENT. The Department of Mental Health.
Ala. Code § 12-21-143 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-143
Section 12-21-143 Failure of Witnesses to Testify
Status: in_force

(a) Any witness refusing to testify, unless privileged by law from testifying in the case, must be committed to the jail of the county, there to remain without bail until he consents to testify.

(b) No witness so imprisoned shall be discharged at the adjournment of the court, or afterwards, until he gives bond and surety in an amount to be prescribed by the judge of such court, to be approved by the clerk of the court, payable to the state and conditioned to appear at the next session and give evidence in the case.
Ala. Code § 12-21-104 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-104
Section 12-21-104 Copies of Required Official Bonds, Etc., and Transcripts
Status: in_force

Copies of official bonds or other instruments or papers, required to be kept by any officer of this state and transcripts from the books and proceedings required to be kept by any sworn officer of the state are presumptive evidence in any case and have the same effect as if the original were produced and proved, upon the certificate of the custodian thereof that it is a true copy of the original.
Ala. Code § 12-2-14 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-14
Section 12-2-14 Appointment of Members of Bar to Sit as Special Judges in Determination of Certain Cases
Status: in_force

When by reason of disqualification the number of judges competent to sit in a case is reduced to eight or to six and there is equal division among them on any question material to the determination of the case, the fact shall be certified by the Chief Justice or, when he is disqualified, by the judges sitting to the Governor, who shall thereupon appoint a member of the bar of the Supreme Court to sit as a judge of said court in the determination of said case. Similarly, when by reason of disqualification no one of the judges is competent to sit in a case or the number is reduced below six, the fact shall be certified by the Chief Justice, if he is competent to sit, or, if not, by the judge or judges sitting, or, if no one is competent, by the clerk of the court to the Governor, who shall thereupon appoint members of the bar of the Supreme Court to constitute a special court of seven members for the consideration and determination of such case.

The word “disqualification,” as used in this section, shall include inability to sit by reason of prolonged illness of a chronic nature.
Ala. Code § 12-12-11 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-11
Section 12-12-11 Applicability of Alabama Rules of Civil Procedure
Status: in_force

The Alabama Rules of Civil Procedure shall be applicable to all civil actions brought in the district court, except as they are inconsistent with this chapter and except as the Supreme Court may otherwise provide by rule.
Ala. Code § 12-13-8 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-8
Section 12-13-8 Garnishments - Applicability of Provisions Pertaining to Garnishments in Circuit Court
Status: in_force

The provisions of this code in reference to garnishments in the circuit court are applicable to garnishments in the probate court.
Ala. Code § 12-18-30 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-30
Section 12-18-30 Right of Election of Justices of Supreme Court and Judges of Circuit Courts Becoming Supernumerary Justices or Judges Prior to September 18, 1973, to Come Under Provisions of Article 1 of Chapter; Filing of Instrument as to Election with Clerk of Supreme Court
Status: in_force

Any former justice of the Supreme Court or judge of any of the several circuit courts of this state who became a supernumerary justice or judge under the applicable laws of this state prior to September 18, 1973, may elect to come under the provisions of Article 1 of this chapter by filing with the Clerk of the Supreme Court of Alabama, within one year after October 1, 1976, an instrument in writing electing to come under the provisions of Article 1 of this chapter.
Ala. Code § 12-13-15 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-15
Section 12-13-15 Chief Clerk of Probate Court - Acts Which May Be Performed by Chief Clerk During Vacancy in Office of Probate Judge; Authority, Compensation and Liability of Chief Clerk for Acts Performed During Such Vacancy
Status: in_force

Whenever a vacancy shall occur in the office of the probate judge, the chief clerk in that office, appointed and qualified as authorized by law, shall, during such vacancy and until the qualification of a lawful successor, perform all the duties of that office which he is authorized by law to perform when there is no vacancy, but must not receive money on decrees or executions or become the custodian of trust funds pertaining to the court. He may make all necessary orders for the continuances of cases and proceedings pending in the court.

All such duties are to be performed, during such vacancy, by such chief clerk in his own name as clerk of the probate court, and he is entitled to the lawful fees therefor. For his official acts under this article, such chief clerk and the sureties on his bond to the probate judge shall be liable to persons injured according to the legal effect of official bonds as declared by statute.
Ala. Code § 12-18-84.1 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-84.1
Section 12-18-84.1 Election to Retire with 24 Years of Service
Status: in_force

Notwithstanding any law to the contrary, any judge of probate who has served for not less than 24 years on any one or more of such courts or has 24 years of creditable service in the Judicial Retirement Fund shall be eligible to retire under this chapter, regardless of age, if upon electing to retire with less than 25 years of service, prior to his or her date of retirement he or she pays to the Secretary-Treasurer of the Judicial Retirement Fund a lump sum in an amount equal to the annual employer and employee contributions necessary to purchase one year of creditable service in the fund based on the final annual state salary earned by the judge during his or her most recent fiscal year of active judicial service.
Ala. Code § 12-15-119 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-119
Section 12-15-119 Informal Adjustment of Certain Cases Prior to Filing of Juvenile Petition
Status: in_force

After a verified complaint has been filed and before a petition alleging delinquency or in need of supervision is filed, the juvenile court intake officer, subject to the direction of the juvenile court, may give counsel and advice to the parties for the purpose of an informal adjustment pursuant to rules of procedure adopted by the Supreme Court of Alabama.
Ala. Code § 12-25-31 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-31
Section 12-25-31 Statement of Purpose
Status: in_force

(a) It is essential that Alabama manage its criminal justice system in the manner best able to protect public safety and make the most effective and efficient use of correctional resources. Based on the findings and recommendations of the Alabama Sentencing Commission, the Legislature finds that all of the following are necessary to protect public safety by providing a fair, effective, and efficient criminal justice system:

(1) Voluntary sentencing standards used to guide judicial decision makers in determining the most appropriate sentence for convicted felony offenders.

(2) The abolition of traditional parole and good time credits for convicted felons.

(3) The availability of a continuum of punishment options.

(b) The Legislature further finds, based on the findings and recommendations of the sentencing commission, that subdivisions (1) to (3), inclusive, of subsection (a) are necessary to best achieve all of the following goals:

(1) Incapacitating through incarceration the most dangerous and violent offenders in the state.

(2) Eliminating unwarranted disparity in sentencing.

(3) Assuring truth-in-sentencing.

(4) Providing the most effective use of correctional resources.

(5) Assuring the greatest opportunity for victim restitution.

(6) Protecting against prison and jail overcrowding.

(7) Maintaining meaningful judicial discretion.
Ala. Code § 12-25-1 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-1
Section 12-25-1 Created
Status: in_force

There is created within the judicial branch as an agency of the Supreme Court the Alabama Sentencing Commission, hereinafter called the “commission.”
Ala. Code § 12-15-220 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-220
Section 12-15-220 Orders of Disposition Not to Be Deemed Convictions, Impose Civil Disabilities, Etc.; Disposition of Child and Evidence in Hearing Not Admissible in Another Court
Status: in_force

(a) An order of disposition or other adjudication in a proceeding pursuant to subsection (a) of Section 12-15-114 shall not be considered to be a conviction or impose any civil disabilities ordinarily resulting from a conviction of a crime or operate to disqualify the child in any civil service application or appointment.

(b) The disposition of a child and evidence given in a hearing in the juvenile court shall not be admissible as evidence against him or her in any case or proceeding in any other court, whether before or after reaching majority, except in a dispositional hearing in a juvenile court or in sentencing proceedings after conviction of a crime for the purposes of a presentence study and report or for consideration of an application for youthful offender status.
Ala. Code § 12-17-194 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-194
Section 12-17-194 Commencing Prosecution on Own Affidavit
Status: in_force

Any district attorney who commences a prosecution for any criminal offense by his own affidavit, except for an offense against his person or property or for a violation of the revenue laws or the prohibition laws, or unless the affidavit is upon his personal knowledge of the commission of the offense, shall, on conviction, be fined not less than $50.00.
Ala. Code § 12-26-10 — Alabama Code / Title 12 / Chapter 26 / Section 12-26-10
Section 12-26-10 Determination That Petition Filed Under False Pretenses, Etc.; Voiding of Order; Revocation of Order
Status: in_force

(a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 days to file a response to the court’s determination. After 30 days or the filing of the response, whether or not the petitioner was able to be located, the court may order a hearing or enter an order revoking the order.

(b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited relief.

(c) When an order is issued while the petitioner is on probation for the related offense, the court may revoke the order upon a finding that the petitioner has violated the terms or conditions of probation.
Ala. Code § 12-15-324 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-324
Section 12-15-324 Applicability
Status: in_force

The provisions of Sections 12-15-317 and 12-15-319 as amended by Act 98-370, regarding termination of parental rights petitions required to be filed by the Department of Human Resources shall apply to all children coming into foster care after April 22, 1998. In the case of children in foster care on April 22, 1998, the department shall comply with the timetable established by federal law for the processing of such cases.
Ala. Code § 12-19-52 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-52
Section 12-19-52 Recovery of Full Costs by Defendant Upon Showing of Usurious Interest
Status: reserved

If it shall be made to appear that usurious interest has been intentionally taken or reserved, the defendant shall recover full costs.
Ala. Code § 12-5-19 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-19
Section 12-5-19 Payment of Expenses of Conferences or Meetings Sponsored by Administrative Office of Courts or Department of Court Management
Status: in_force

In the event the Administrative Office of Courts or the Department of Court Management sponsors any conference or any meeting of members of the judiciary or court-supportive personnel or sponsors a conference or meeting on behalf of any other agency, entity, court or unit of government or any group of individuals involved in projects designed to improve the administration of justice or continuing education, the Administrative Director of Courts or court administrator of the Department of Court Management is authorized to direct the payment for meal meetings of such conferences or meetings and meeting room expenses, as well as other expenses of such conferences or meetings.
Ala. Code § 12-18-153 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-153
Section 12-18-153 Transfer of Membership Service and Accumulated Contributions
Status: in_force

(a) Any active and contributing member of the Judges’ and Clerks’ 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 Judges’ and Clerks’ 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 Judges’ and Clerks’ 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 article 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 judge or clerk and a period of service in another employment classification, the benefit rates applicable to a judge or clerk shall apply to all membership service as a judge or clerk, 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 § 12-19-96 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-96
Section 12-19-96 When Coroners or Constables Entitled to Receive Full Commissions
Status: in_force

Coroners or constables shall not be entitled to full commissions until after actual levy of execution on property of the defendant and the money made or paid to the plaintiff in execution, and then only on the amount actually collected or paid.
Ala. Code § 12-19-47 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-47
Section 12-19-47 Liability for Receiving Unauthorized Fees - Probate Judges
Status: in_force

(a) Any probate judge who knowingly receives any other or higher fees than are allowed by law shall forfeit $50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal representative or guardian, shall be assets of the estate. This penalty shall be no bar to an indictment for extortion.

(b) Any probate judge who corruptly receives any fee or item of costs not authorized by law must, on conviction, be fined not less than $100.00 nor more than $500.00, and the grand jury must present an indictment, if justified by the evidence. Upon such conviction, the office shall be vacated and the fact of such conviction shall be certified to the Governor by the presiding judge.
Ala. Code § 12-15-142 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-142
Section 12-15-142 Modification, Extension, or Termination of Order After Notice and Hearing for Person Subject Thereto; Findings Required Concerning Best Interests of the Child Subject to a Juvenile Court Proceeding
Status: in_force

After notice and opportunity for a hearing afforded to a person subject to a protection or restraint order, the order may be modified or extended for a further specified period, or both, or may be terminated if the juvenile court finds that the best interests of the child subject to a juvenile court proceeding will be served thereby.
Ala. Code § 12-17-226.1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.1
Section 12-17-226.1 Authorization to Establish Program; Discretionary Powers; Supervision and Control; Intervention Plans
Status: in_force

(a) The district attorney of any judicial circuit of this state may establish a pretrial diversion program within that judicial circuit or any county within that judicial circuit.

(b) All discretionary powers endowed by the common law, provided for by statute and acts of this state, or otherwise provided by law for the district attorneys of this state shall be retained.

(c) A county pretrial diversion program established under subsection (a) shall be under the direct supervision and control of the district attorney. The district attorney may contract with any agency, person, or corporation, including, but not limited to, certified and judicially sanctioned community corrections programs, certified mental health and drug treatment programs, family service programs, or any certified not-for-profit programs for services related to this division. The district attorney may employ persons necessary to accomplish the purposes of this division, who shall serve at the pleasure of the district attorney.

(d) The pretrial diversion program should utilize individual and realistic intervention plans which feature achievable goals. Any plan formulated shall occur as soon as possible after enrollment by the offender and shall be reduced to writing.

(e) This division shall not apply to juvenile delinquency proceedings in juvenile court.
Ala. Code § 12-3-4 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-4
Section 12-3-4 Presiding Judges
Status: in_force

(a) The presiding judge of the Court of Criminal Appeals shall be elected by the members of such court for a term to be set by such court, in no event for a longer time than the term for which such judge is chosen.

(b) The presiding judge of the Court of Civil Appeals shall be the judge of such court who has served the longest period of time as judge of such court. In cases of equal seniority, the presiding judge shall be chosen as follows:

(1) If more than one judge was elected at the same election, the presiding judge shall be elected by lot from the judges who are so situated, and shall serve as presiding judge for the term which he is then filling as a judge of such court.

(2) If more than one judge was appointed by the Governor at the same time, their seniority shall be governed by the order in which their names appear on the list of appointees submitted by the Governor to the Secretary of State.
Ala. Code § 12-25-2 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-2
Section 12-25-2 Purpose
Status: in_force

(a) The purposes of the commission shall be to review existing sentence structure, including laws, policies, and practices, and to determine and recommend to the Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and other aspects of sentencing policies and practices appropriate for the state which:

(1) Secure the public safety of the state by providing a swift and sure response to the commission of crime.

(2) Establish an effective, fair, and efficient sentencing system for Alabama adult and juvenile criminal offenders which provides certainty in sentencing, maintains judicial discretion and sufficient flexibility to permit individualized sentencing as warranted by mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants with like criminal records who have been found guilty of similar criminal conduct. Where there is disparity, it should be rational and not related, for example, to geography, race, or judicial assignment.

(3) Promote truth in sentencing, in order that a party involved in a criminal case and the criminal justice process is aware of the nature and length of the sentence and its basis.

(4) Prevent prison overcrowding and the premature release of prisoners.

(5) Provide judges with flexibility in sentencing options and meaningful discretion in the imposition of sentences.

(6) Enhance the availability and use of a wider array of sentencing options in appropriate cases.

(7) Limit the discretion of district attorneys in determining the charge or crime.

(b) In fulfilling its purposes, the commission shall be mindful of the purposes of sentencing that include, but are not limited to, all of the following:

(1) Protecting the public.

(2) Promoting respect for the law.

(3) Providing just and adequate punishment for the offense.

(4) Deterring criminal conduct.

(5) Imposing sanctions which are least restrictive while consistent with the protection of the public and the gravity of the crime.

(6) Promoting the rehabilitation of offenders.
Ala. Code § 12-14-10 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-10
Section 12-14-10 Powers of Courts as to Trial and Disposition of Cases Generally
Status: in_force

Municipal courts shall have the authority to continue the case from time to time to permit the fine and costs to be paid, remit fines, costs and fees, impose intermittent sentences, establish work release programs, require attendance of educational, corrective or rehabilitative programs, suspend driving privileges for such times and under such conditions as provided by law and order hearings to determine the competency of the defendant to stand trial; provided further, that the court may enter an order authorizing the defendant to drive under the conditions set forth in the order.
Ala. Code § 12-25-37 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-37
Section 12-25-37 Post-Release Supervision
Status: in_force

(a) An offender sentenced based on the voluntary truth-in-sentencing standards is released from incarceration to post-release supervision on the date equivalent to the expiration of the minimum term of sentence plus any additional time added by the Department of Corrections on the offender’s extended term of sentence. In no event, however, shall an offender’s initial release date be later than the date equivalent to the extended term less the time equivalent to the period of post-release supervision.

(b) An offender may not refuse post-release supervision.

(c) An offender whose offense was committed after the effective date of the voluntary truth-in-sentencing standards but whose sentence of active incarceration was a departure from the standards, shall be released to post-release supervision one year prior to the date calculated as the end of the offender’s sentence.

(d) Before an offender is released to post-release supervision, the Board of Pardons and Paroles shall design a release plan to reintegrate the offender into society and to further hold the offender accountable for his or her offense by collecting restitution and other court indebtedness.

(e) Post-release supervision shall be provided by probation and parole officers or other officers designated by the Board of Pardons and Paroles.
Ala. Code § 12-18-53 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-53
Section 12-18-53 Payment into Judicial Retirement Fund of Moneys Previously Paid into Retirement Funds for Benefit of Judges by Counties or Municipalities; Crediting to Judges of Such Payments
Status: in_force

When a district judge elects to come under the provisions of Article 1 of this chapter, all money paid by the county or municipality into a retirement fund for the benefit of such judge shall immediately be paid into the Judicial Retirement Fund on account of the judge electing to come under the article, and the same shall be credited to him under the rules and regulations applicable to similar contributions under the Employees’ Retirement System of Alabama.
Ala. Code § 12-22-22 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-22
Section 12-22-22 Appeal from Circuit Court Judgment on Appeal
Status: in_force

An appeal to the Supreme Court may be taken from the judgment of the circuit court on an appeal brought to such court under the provisions of this division.
Ala. Code § 12-22-194 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-194
Section 12-22-194 Report on Financial Condition of Petitioner
Status: in_force

The trial court, either before, after or during said hearing, may designate a probation officer of the court or may designate the county Department of Human Resources to make inquiry and ascertain facts concerning the financial condition and ability of defendant or petitioner, and it shall be the duty of such agencies to investigate and file a written report of its findings with the trial judge. Such report shall state with certainty any and all sources from which the defendant or petitioner could be expected to obtain financial aid to pay such fees.
Ala. Code § 12-17-264 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-264
Section 12-17-264 Prior Service Credit
Status: in_force

Prior service credit may be obtained by any former magistrate who is entitled to take advantage of this article for years served in his individual capacity as magistrate or judge of any inferior court, municipal judges excluded, by contributing an amount equal to six percent of his then salary for each year for which prior service credit is sought.
Ala. Code § 12-13-30 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-30
Section 12-13-30 Election; Term of Office
Status: in_force

A probate judge shall be elected by the qualified voters of each county, who shall hold office for a term of six years from the first Monday after the second Tuesday in January next after his election and until his successor is elected and qualified.
Ala. Code § 12-1-13 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-13
Section 12-1-13 Grounds for Disqualification of Justices of Supreme Court and Judges of Courts of Appeals from Participation in Decision of Cases
Status: in_force

No justice of the Supreme Court or judge of a Court of Appeals of Alabama shall participate in the decision of any case in the Supreme Court or a court of appeals appealed to said court from any lower court of the State of Alabama, of which lower court said justice was judge at the time said case was decided and who presided at the trial of said case in said lower court.
Ala. Code § 12-2-7 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-7
Section 12-2-7 Jurisdiction and Powers of Court Generally
Status: in_force

The Supreme Court shall have authority:

(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision of the trial judge upon the facts where the evidence is not taken orally before the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment as it deems just.

(2) To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.

(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs as are necessary to give to it a general superintendence and control of courts of inferior jurisdiction.

(4) To make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, that such rules shall not abridge, enlarge, or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided further, that the right of trial by jury as at common law and declared by Section 11 of the Constitution of Alabama of 1901 shall be preserved to the parties inviolate.

(5) To punish for contempts by the infliction of a fine not exceeding $100, and imprisonment not exceeding 10 days or both.

(6) To transfer to the Court of Civil Appeals, for determination by that court, any civil case appealed to the Supreme Court and within the appellate jurisdiction of the Supreme Court, except the following:

a. A case that the Supreme Court determines presents a substantial question of federal or state constitutional law.

b. A case that the Supreme Court determines involves a novel legal question, the resolution of which will have significant statewide impact.

c. A utility rate case appealed directly to the Supreme Court under the provisions of Section 37-1-140.

d. A bond validation proceeding appealed to the Supreme Court under the provisions of Section 6-6-754.

e. A bar disciplinary proceeding.

(7) To exercise such other powers as are or may be given to the Supreme Court by law.