Ala. Code § 12-21-71 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-71
Section 12-21-71 Authentication of Foreign State, Territory, or Country’s Public Records or Books; Effect Thereof
Status: in_force

All records and exemplifications of books which may be kept in any public office of any state or territory or of any country subject to the jurisdiction of the United States not appertaining to a court shall be proved or admitted in any court or office in any other state or territory or in any such country by the attestation of the keeper of said records or books and the seal of his office annexed, if there is a seal, together with a certificate of the presiding justice of the court of the county, parish or district in which such office may be kept, or of the governor or secretary of state, the chancellor or keeper of the great seal of the state, territory or country that the said attestation is in due form and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk of said court, who shall certify under his hand and the seal of his office that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor or keeper of the great seal, it shall be under the great seal of the state, territory or country aforesaid in which it is made. The said records and exemplifications so authenticated shall have such faith and credit given to them in every court and office within the United States as they may have by law or usage in the court or offices of the state, territory or country as aforesaid from which they are taken.
Ala. Code § 12-12-6 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-6
Section 12-12-6 Powers as to Punishment for Contempt
Status: in_force

In all matters before the district court, the district court shall have and possess power to punish for contempts as heretofore or hereafter granted to the circuit court by law, in Section 12-11-30 or otherwise, and by the common law of this state.
Ala. Code § 12-18-8 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-8
Section 12-18-8 Transfer into Judicial Retirement Fund of Contributions Made to Employees’ Retirement System of Alabama and Receipt of Credit for Prior Service Under Employees’ Retirement System, Etc., Upon Payment of Contribution for Prior Years of Service; Refund of Contributions to Judicial Retirement Fund Upon Termination of Service Prior to Eligibility for Retirement Benefits Under Article
Status: in_force

(a) Any justice or judge holding office as a member of the Supreme Court, a court of appeals or of a circuit court on September 18, 1973, who has paid contributions into the Employees’ Retirement System of Alabama, shall be entitled to have such contributions transferred from the Employees’ Retirement System of Alabama into the Judicial Retirement Fund and to receive credit for the time of service he had acquired under the Employees’ Retirement System of Alabama as time of service in the judicial position which he holds on September 18, 1973, regardless of whether or not such time of service was continuous, provided such time of service acquired under the Employees’ Retirement System of Alabama was in a legal or judicial position, and further provided such justice or judge requests such transfer within three years from September 18, 1973. Upon request of such justice or judge, the Secretary-Treasurer of the Employees’ Retirement System of Alabama shall transfer such contributions and accrued interest thereon into the Judicial Retirement Fund and shall certify to the Judicial Retirement Fund and to such justice or judge the time of service that such justice or judge has accumulated in the Employees’ Retirement System of Alabama, which said time of service shall count toward any judicial retirement benefit. Any justice or judge of the Supreme Court, a court of appeals or of a circuit court holding office on September 18, 1973, who has had time of service in a legal or judicial position in which he could have become a member of the Employees’ Retirement System of Alabama, if he had elected to do so but did not so elect, or who has time of service in the Employees’ Retirement System of Alabama in a legal or judicial position, but has since withdrawn the contributions to such system or who has time of service in the Legislature of Alabama, provided that credit may be claimed for a maximum of two and one-half years’ service in the Legislature, shall be entitled to have such time of service, regardless of whether or not such time of service was continuous, treated as time of service in the judicial position he holds on September 18, 1973; provided, that such justice or judge shall pay into the Judicial Retirement Fund of Alabama a sum equal to four and one-half percent of his then annual salary for each year of such service that he elects to count toward judicial retirement; provided further, that such election and payment shall be made to the Secretary-Treasurer of the Employees’ Retirement System of Alabama within three years from September 18, 1973. Should the records of the Employees’ Retirement System of Alabama fail to reflect the position held thereunder, affidavits from disinterested persons that such position was a legal or judicial position shall suffice as proof thereof.

(b) Should the service of a justice or a judge of the Supreme Court, a court of appeals or a circuit court be terminated prior to the time he is entitled to receive retirement benefits under this article, then such justice or judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have refunded to him his contributions to the Judicial Retirement Fund plus accrued interest thereon; provided, that should such a justice or 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 he has accumulated toward retirement. If he has sufficient time of service for any retirement benefit provided for in this article, upon reaching a retirement age or upon becoming permanently disabled as defined in this article or upon his death, such certificate may be filed as proof of time of service with the then Secretary-Treasurer of the Judicial Retirement Fund in lieu of the requirements of Section 12-18-7; provided, that such justice or judge shall indicate to the Chief Justice of the Supreme Court his desire as to inactive or active retired status.
Ala. Code § 12-12-60 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-60
Section 12-12-60 Electronic Uniform Non-traffic Citation and Complaint
Status: in_force

(a)(1) Whenever any person is arrested for a violation of any non-traffic offense enumerated in Rule 20, Appendix B of the Alabama Rules of Judicial Administration, as adopted by the Supreme Court of Alabama, the arresting officer, unless otherwise provided in this section, shall take the name and address of the person and the license number or identification number of his or her motor vehicle or vessel, as appropriate, and shall issue a summons or otherwise notify him or her in writing to appear at a time and place to be specified in such summons, notice, or electronic uniform non-traffic citation and complaint (eUNTCC).

(2) For purposes of this section, eUNTCC means a ticket that is electronically generated and printed at the site of a violation. Only violations enumerated in Rule 20, Appendix B of the Alabama Rules of Judicial Administration may be electronically transmitted to the court.

(3) The eUNTCC may also be used to initiate the summons and complaint process pursuant to the Alabama Rules of Criminal Procedure in a printed form wherein it is processed by the court as is any other written ticket not otherwise transmitted electronically.

(4) The person arrested, if he or she so desires, shall have a right to a hearing within 24 hours at a convenient time before a magistrate within the county or city where the arrest occurred, or if an eUNTCC is written, the person may have a hearing within 24 hours at a convenient time before any magistrate in this state. In enforcing this section, a law enforcement agency may require a sufficient written court appearance bond of the arrested person.

(5) Except when an arresting officer cites a person with an eUNTCC, the arresting officer, upon the giving by the person of a sufficient written bond approved by the arresting officer to appear at such time and place, forthwith shall release the person from custody. Except when an arresting officer cites a person with an eUNTCC, a person refusing to give bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. When an eUNTCC is used by an arresting officer, the person, upon accepting a written copy of the eUNTCC, shall be deemed, without signature, to have given his or her written bond to appear in court on the date specified on the eUNTCC. A person refusing to accept a written copy of the eUNTCC shall be deemed to be refusing to give bond to appear and the person shall be taken immediately by the arresting officer before the nearest or most accessible magistrate.

(6) Any person who, not having pled guilty as provided in Rule 20 (E) (1) of the Alabama Rules of Judicial Administration, willfully violates his or her written bond by failing to timely appear shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

(b) This section shall not apply to any of the following and the arresting officer shall take the person forthwith to the nearest or most accessible magistrate:

(1) A person arrested and charged with an offense involving, causing, or contributing to an accident resulting in injury or death.

(2) A person charged with driving or operating a vehicle or vessel while under the influence.

(3) A person who the arresting officer has good cause to believe has committed a felony.

(c) Any officer violating this section shall be guilty of misconduct in office and shall be subject to removal from office.
Ala. Code § 12-1-24 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-24
Section 12-1-24 Pretrial Hearings in Certain Cases to Be Conducted by Audio-Video Communications
Status: in_force

(a) The presiding judge of each judicial circuit may authorize pretrial motion hearings in civil and criminal matters in the circuit courts, district courts, and probate courts to be conducted by telephone conferencing or other audio-video telecommunications means. The presiding judge shall develop and publish procedures for the conduct of the civil and criminal hearings in the circuit courts, districts courts, and probate courts in his or her judicial circuit.

(b) The telephone or audio-video telecommunications device used in the hearing shall enable the judge and all parties to converse simultaneously with each other.
Ala. Code § 12-17-40 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-40
Section 12-17-40 Continuation of Laws Concerning Duties, Benefits, Etc.; Election of Supernumerary Status
Status: reserved

(a) All laws dealing with the eligibility of judges of the circuit court to assume duties and obligations, and to claim and receive benefits, as supernumerary judges are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of September 18, 1973, continued in full force and effect, and shall not be repealed by the adoption of this code. Notwithstanding the foregoing, on the date that all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits, as, or, in the case of surviving spouses, on account of, supernumerary judges as of September 18, 1973, or those persons so electing pursuant to subsection (b), are deceased, all relevant laws relating thereto shall be repealed.

(b) Notwithstanding subsection (a), any person may elect to become a supernumerary circuit judge if he or she had completed the years of judicial service prescribed for eligibility for supernumerary status before September 18, 1973, and has reached the age prescribed for eligibility by the laws in force and effect on September 18, 1973. Any person electing supernumerary status pursuant to this subsection shall otherwise be eligible to receive the same benefits as provided for any other person taking supernumerary status pursuant to subsection (a).
Ala. Code § 12-16-60 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-60
Section 12-16-60 Qualifications of Jurors
Status: in_force

(a) A prospective juror is qualified to serve on a jury if the juror is generally reputed to be honest and intelligent and is esteemed in the community for integrity, good character and sound judgment and also:

(1) Is a citizen of the United States, has been a resident of the county for more than 12 months and is over the age of 19 years;

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

(3) Is capable by reason of physical and mental ability to render satisfactory jury service, and is not afflicted with any permanent disease or physical weakness whereby the juror is unfit to discharge the duties of a juror;

(4) Has not lost the right to vote by conviction for any offense involving moral turpitude.

(b) The jury commission shall determine, on the basis of information provided on the jury qualification form or interviews with the prospective juror or other competent evidence:

(1) If the prospective juror is qualified. If so, the name or identifying number of the juror shall be placed in the trial court jury box.

(2) If not, the commission shall notify the prospective juror of its decision and certify the juror’s name to the court as disqualified. The juror shall have 10 days within which to appear before the court to review such decision. If the court finds such juror to be qualified, the court shall so certify to the commission. If the juror fails to appear, or the court finds such juror not qualified, the court shall so certify to the commission.

(c) In any event, the jury commission shall enter on the master list the ultimate determination of the qualification of each juror.
Ala. Code § 12-22-10 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-10
Section 12-22-10 Grant or Refusal of Motion for New Trial
Status: in_force

Either party in a civil case, or the defendant in a criminal case, may appeal to the appropriate appellate court from an order granting or refusing a motion for a new trial by the circuit court.
Ala. Code § 12-16-50 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-50
Section 12-16-50 Probate Judge to Purchase Supplies for Commission
Status: in_force

The probate judge of every county shall, upon the request of the president of the commission, purchase the necessary books in which to keep the jury rolls and the record of the proceedings and the necessary cards, stationery and things of all kinds required by the commission and shall draw his warrant on the county treasury for the payment of the same.
Ala. Code § 12-17-190 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-190
Section 12-17-190 Suspension from Office - When Order of Suspension Set Aside
Status: in_force

When it shall be known to the court that there is no indictment pending in the court in which such indictment was found or in any court to which a case may have been removed by change of venue, against a district attorney who has been suspended, the order suspending such district attorney shall be set aside.
Ala. Code § 12-25-38 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-38
Section 12-25-38 Revocation of Post-Release Supervision Status
Status: in_force

(a) Offenders who fail to comply with the conditions of post-release supervision as specified by the Board of Pardons and Paroles may have their release status revoked.

(b) At any time during the period of post-release supervision, the Board of Pardons and Paroles may issue a warrant and may cause the offender to be arrested for violating any of the conditions of post-release supervision.

(c) Any probation officer, police officer, or other officer with power of arrest, when requested by the probation officer or other supervising officer, may arrest an offender under post-release supervision without a warrant. To arrest the offender without a warrant, the arresting officer shall have a written statement by the probation officer or other supervising officer declaring that the offender under post-release supervision, in his or her judgment, has violated the conditions of post-release supervision. The statement shall be sufficient warrant for the detention of the person under post-release supervision in the county jail or other appropriate place of detention until the offender under post-release supervision is brought before the Board of Pardons and Paroles; provided that no person detained under this section shall be held in the county jail for more than 20 days, and if his or her detention exceeds 20 days, he or she shall be immediately transferred to a state correctional facility. The probation officer or other supervising officer shall forthwith report the arrest and detention to the Board of Pardons and Paroles and shall submit in writing a report demonstrating how the offender under post-release supervision violated the terms of his or her release status.

(d) If the offender violates a condition of post-release supervision, the Board of Pardons and Paroles, after a hearing, may implement one or more of the following options:

(1) Continue the existing term of post-release supervision.

(2) Issue a formal or informal warning to the offender under post-release supervision that further violation may result in revocation of his or her post-release supervision status and a return to incarceration for a period of time not to exceed the remainder of the maximum sentence imposed at the time of sentencing. An offender shall not receive credit on his or her sentence for time served on post-release supervision.

(3) Conduct a formal or informal conference with the offender under post-release supervision to reemphasize the necessity of compliance with the conditions of his or her release status.

(4) Modify the conditions of post-release supervision, including, but not limited to, short periods of confinement.

(5) Revoke the post-release supervision status of the offender and order the offender returned to custody for such period of time as provided in subdivision (2).

(e) The Board of Pardons and Paroles may not revoke the release status of an offender and order additional confinement unless the board finds, on the basis of the original offense and the intervening conduct of the offender, either of the following:

(1) That no measure short of confinement will adequately protect the community from further criminal activity by the offender.

(2) That no measure short of confinement will avoid depreciating the seriousness of the violation.

(3) In lieu of a formal hearing, the Board of Pardons and Paroles may issue a standing order authorizing supervising officers to impose the sanctions listed in subdivisions (1), (2), or (3) of this subsection (d) or any pre-approved sanction that does not include a period of confinement. All instances of non-compliance and disciplinary actions shall be immediately reported to the Board of Pardons and Paroles.
Ala. Code § 12-26-11 — Alabama Code / Title 12 / Chapter 26 / Section 12-26-11
Section 12-26-11 Form; Annual Report
Status: in_force

(a) The Administrative Office of Courts may establish a standard order of limited relief form to be used by all courts in the state.

(b) Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying by jurisdiction the number of applicants requesting an order of limited relief, the number of orders granted, and a list of the underlying offenses for which an order was granted. The report may not include any case-specific identifying information.
Ala. Code § 12-16-101 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-101
Section 12-16-101 Drawing, Selection, and Empaneling of Juries in Criminal Cases - Where Two or More Persons Tried Jointly
Status: in_force

In case two or more persons are tried jointly, the district attorney shall strike one, and each defendant shall have the right to strike off one name, and they shall continue thus to strike off names until only 12 jurors remain, and the 12 jurors thus selected shall be the jury charged with the trial of the defendants.
Ala. Code § 12-17-226.13 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.13
Section 12-17-226.13 Liability of District Attorney, Staff, Officers, Etc
Status: in_force

(a) Absent wantonness, negligence, or intentional misconduct, the district attorney or his or her staff shall have no liability, criminal or civil, for the conduct of any offender while participating in a pretrial diversion program established under this division or of any service provider or its agents that are contracted to or who have agreed to provide services to the pretrial diversion program.

(b) Absent wantonness, negligence, or intentional misconduct, the district attorney, or his or her staff or its officers or employees, shall have no liability, criminal or civil, for any injury or harm to the offender while the offender is a participant in any pretrial diversion program administered pursuant to this division. The district attorney may require written agreed upon waivers of liability as a prerequisite for admittance into the pretrial diversion program.

(c) Absent an agreement which includes the consent of the county commission, the sheriff, and the district attorney, neither the county nor the sheriff shall have any responsibility for a pretrial diversion program established under this division, including, but not limited to, the payment of any expenses which may be necessary to operate the program. Under no circumstances shall the county or the sheriff have any liability, criminal or civil, for any conduct by an offender or any injury or harm to the offender while he or she is a participant in any program authorized by this division.
Ala. Code § 12-17-99 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-99
Section 12-17-99 Supplemental Salary for Elected Deputy Circuit Clerks
Status: in_force

In addition to any salary paid by the state, each elected deputy circuit clerk shall be paid a supplemental salary from the county at a rate equal to 50 percent of the supplemental salary paid by the county to each circuit judge; provided, that the total salary of such elected deputy circuit clerk shall in no event be in excess of the total salary of the circuit clerk of the same circuit or county. The county commission shall pay such supplemental salary in equal biweekly installments from the general fund of the county.
Ala. Code § 12-20-1 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-1
Section 12-20-1 Costs and Fees of Substitution
Status: in_force

The cost of any proceedings for substitution under any of the provisions of this chapter shall be paid by the party applying for such substitution if there is no defense; and, if a defense is interposed, the costs are to be paid by the unsuccessful party; but in no case shall any officer be entitled to any fees in such proceedings if the loss or destruction of the paper or instrument sought to be substituted was caused by his neglect or fault.
Ala. Code § 12-19-26 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-26
Section 12-19-26 Administrative Fee for Periodic Payments; Payment to General Fund; Notice of Fee
Status: in_force

(a) There is hereby imposed an administrative fee of $1.00 to be collected by the clerks of the circuit and district courts and the registers of the circuit courts for the receipt and disbursement of each periodic payment made to their offices under any order, decree or judgment of the circuit or district court which provides for periodic and continuing payments of alimony, child support, or court-ordered restitution, except for payments received from a responding state pursuant to Sections 30-4-80 through 30-4-98. Said fee shall be collected from the individual responsible for the periodic payments at the time each payment is receipted through the office of the clerk or register, whether such payment is collected for the benefit of a private individual or the state, including any department or agency thereof and whether the duty to collect such payments is imposed upon the clerk or register by statute, court rule or order of the court. Provided, however, that in the event the obligor fails to submit sufficient funds to cover the fee and the required payment at the time such payment is made, then said fee shall be deducted from the proceeds of the payment prior to any other distribution thereof, except in cases arising under Title IV-D of the Social Security Act, as amended, and the obligor shall be in default to the obligee for the amount so deducted. Said fee shall be remitted to the State General Fund.

(b) The clerks of the circuit and district courts and the registers of the circuit court shall provide written notice to each person who is currently under an obligation to make periodic payments as provided in subsection (a) if such obligation will continue beyond September 30, 1984, advising them of the administrative fee prescribed herein for the receipt and disbursement of each such payments. Said notice shall be served by first-class mail at the last known address of the obligor, and the date of mailing shall be noted on the case action summary of the underlying case for which said payments are being made. Said fee to become due and payable for any payment as prescribed in subsection (a) made on or after October 1, 1984.
Ala. Code § 12-1-21 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-21
Section 12-1-21 Salaries of Court Personnel, Etc
Status: in_force

Salaries or compensation of court personnel and any other persons paid by or by authority of the judicial department of the State of Alabama, whose salary, including any local supplement thereto, is set by statute, shall be paid in accordance with such statute, as shown in the journal of salaries and compensation prepared pursuant to Section 36-6-9. Nothing contained in this code or such journal of salaries and compensation shall be construed to amend or repeal any salary or compensation established by the State Judicial Compensation Commission, nor to amend or repeal any authority of the State Judicial Compensation Commission to establish salaries, compensation or expense allowances of any person.
Ala. Code § 12-15-132 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-132
Section 12-15-132 Proceedings Against Children Violating Terms of Probation or Aftercare; Disposition of These Children
Status: in_force

(a) A child on probation or aftercare incident to an adjudication as a delinquent child or a child in need of supervision who violates the terms of his or her probation or aftercare may be proceeded against for a revocation of the order.

(b) A proceeding to revoke probation or aftercare shall be commenced by the filing of a petition entitled “petition to revoke probation” or “petition to revoke aftercare.” Except as otherwise provided, these petitions shall be screened, reviewed, and prepared in the same manner and shall contain the same information as provided in Sections 12-15-120 and 12-15-121. The petition shall recite the date that the child was placed on probation or aftercare and shall state the time and manner in which notice of the terms of probation or aftercare was given.

(c) Probation or aftercare revocation proceedings shall require clear and convincing evidence. In all other respects, proceedings to revoke probation or aftercare shall be governed by the procedures, safeguards, and rights and duties applicable to delinquency and child in need of supervision cases contained in this chapter.

(d) If a child is found to have violated the terms of his or her probation or aftercare pursuant to a revocation hearing, the juvenile court may extend the period of probation or aftercare or make any other order of disposition specified for a child adjudicated delinquent or in need of supervision.

(e) A violation of probation for a child in need of supervision is not an adjudication of delinquency.
Ala. Code § 12-5A-14 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-14
Section 12-5A-14 Construction
Status: reserved

(a) All laws or parts of laws, both general and local, and any rules or portions of rules adopted by the Supreme Court which conflict with this chapter are expressly repealed. The provisions of this chapter are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith.

(b) The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

(c) The provisions of this section shall not be construed as repealing any local act which is in effect upon the passage of this chapter and which provides for the collection of additional court costs to be placed in a fund in the county treasury for the general use and maintenance of the juvenile probation office. Any local acts are amended so as to provide that the funds so collected and deposited in the county treasury shall not be utilized for the purpose of supplementing the salary of any juvenile probation officer, but shall, after the effective date of this chapter, be utilized for probation service activities as may be directed by the juvenile court judge, the provisions of any local act to the contrary notwithstanding.
Ala. Code § 12-23A-12 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-12
Section 12-23A-12 Construction of Chapter
Status: in_force

Nothing in this chapter shall be construed to require a county commission or any county employee to participate in or fund in whole or in part the development or operation of an accountability court program authorized in this chapter.
Ala. Code § 12-5A-6 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-6
Section 12-5A-6 Phase-Out of Financial Support from Counties
Status: in_force

In counties having a population of 99,000 or less according to the 1990 federal decennial census, after the state assumes responsibility for salaries and benefits of juvenile probation officers and staff of juvenile probation services, financial support from those counties for these functions shall be phased out over a five-year period. In the initial year of each county’s transition, the county shall pay to the Juvenile Probation Services Fund in the State Treasury a sum equal to the total amount expended by the county during fiscal year 1997-98 for salaries and fringe benefits of juvenile probation officers, excluding the amount reimbursed by the state through salary subsidy payments, and staff of juvenile probation services as well as expenditures for supplies, travel, and administrative costs which can be documented. Each county shall enter into a contract with the state which establishes the amount to be paid and the terms of payments over the years of transition. The amount shall specifically exclude the salaries of staff and expenses of juvenile detention facilities and shelter care facilities. For each of the years two through five after transition begins, the annual amount paid by each county to the state shall be reduced by an additional 20 percent of the initial year’s amount so that at the end of the five-year period, the county shall not remit any reimbursement to the state. Remittance for the reimbursement from the county shall be made by the tenth of each month to the Juvenile Probation Services Fund in the State Treasury.
Ala. Code § 12-13-49 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-49
Section 12-13-49 Payment of Probate Judge for Receipt of Money Under Section 12-13-48
Status: in_force

The probate judge shall be entitled to one half of one percent for receiving money under Section 12-13-48, to be paid by the party from whom the same is received out of his own funds, and the probate judge shall not be bound to receive this money until such percentage is paid.
Ala. Code § 12-15-701 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-701
Section 12-15-701 Definitions; Applicability of Prostitution Statutes; Procedures
Status: in_force

(a) For the purposes of this section, sexually exploited child shall mean an individual under the age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected to sexual exploitation because he or she is any of the following:

(1) A victim of the crime of human trafficking sexual servitude as provided in Section 13A-6-150, et seq.

(2) Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121.

(3) A victim of the crime of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113.

(b) A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts.

(c) In any proceeding based upon a child’s arrest for an act of prostitution, there is a presumption that the child satisfies the definition of a sexually exploited child as provided in this section.

(d) If a law enforcement officer or a person seeks to file a complaint against a child for an offense of prostitution as provided in Section 13A-12-120 or 13A-12-121, the juvenile court intake officer shall evaluate the complaint to determine if the child is a sexually exploited child and could have another complaint filed stating that the child is alleged to be in need of supervision or alleged to be dependent, and not a child alleged to be delinquent, pursuant to Rule 12 of the Alabama Rules of Juvenile Procedure. A juvenile probation officer who is designated to be a juvenile court intake officer may determine if a child alleged to be in need of supervision is appropriate for an informal adjustment pursuant to Rule 15 of the Alabama Rules of Juvenile Procedure.

(e) If a petition alleging that a sexually exploited child is in need of supervision or is dependent is filed, a sexually exploited child may be adjudicated a child in need of supervision or a dependent child pursuant to Section 12-15-102(4) and (8). Once the sexually exploited child is adjudicated, the juvenile court shall retain jurisdiction over the sexually exploited child and may enforce prior orders requiring payment of court-ordered monies pursuant to Section 12-15-117. The juvenile court may issue any requisite order or conduct any hearing necessary to protect the health or safety of a sexually exploited child that is determined to be in the best interests of the child. The juvenile court may also, on an emergency basis, enter an order of protection or restraint to protect the health or safety of a sexually exploited child.

(f) A sexually exploited child who commits an act of prostitution as provided in Section 13A-12-120 or 13A-12-121 may not be transferred from the jurisdiction of juvenile court to any adult court pursuant to Section 12-15-203, except in those cases where the child has been convicted or adjudicated a youthful offender divesting the juvenile court of jurisdiction as provided in Sections 12-15-203(i) and 12-15-204(b).

(g) A sexually exploited child who commits an act of prostitution as provided in Section 13A-12-120 or 13A-12-121 shall be afforded all rights pursuant to Section 12-15-202.

(h) All social and community services shall be made available to a sexually exploited child. Services may include, but are not limited to, any of the following:

(1) Forensic evidence collection.

(2) Forensic interviewing.

(3) Counseling.

(4) Advocacy.

(5) Shelter.

(6) Alcohol or substance abuse treatment.

(7) Mental health services.

(8) Medical treatment.

(9) Legal services.

(10) Educational tutoring, counseling, and language interpreter services.

(11) Crisis intervention services.

(12) Safety planning.

(13) Investigation and prosecution of the individuals subjecting the child to sexual exploitation or abuse.
Ala. Code § 12-22-73 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-73
Section 12-22-73 Affirmation of Stayed Judgment - Right of Property
Status: in_force

When an appeal is taken on a trial of the right of property and the judgment is stayed by the execution of a supersedeas bond, if the appellate court affirms the judgment of the court below, it must also enter judgment against the obligors in said bond for the amount of the costs of the appellate court.
Ala. Code § 12-17-220.1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-220.1
Section 12-17-220.1 Appointment of Investigators by District Attorney of Any Judicial Circuit
Status: reserved

(a) Unless otherwise provided by local law, the district attorney of any judicial circuit in this state may appoint a chief investigator and, from time to time, additional investigators who will each be a peace officer pursuant to Section 6-5-338. The chief investigator and other investigators shall serve at the pleasure of the district attorney. The chief investigator and any additional investigators shall meet the minimum standards for law enforcement officers and hold a current certification from the Alabama Peace Officers’ Standards and Training Commission. The chief investigator and other investigators shall have the same authority as deputy sheriffs and other law enforcement officers in this state. They shall be responsible to the district attorney and shall perform duties as assigned by the district attorney.

(b) The Legislature may continue to enact local laws in the future or repeal existing local laws authorizing the appointment of investigators and providing for the powers of those investigators. This section shall not supersede existing local acts on June 9, 2011, or any local act enacted after June 9, 2011, providing for appointment of investigators by the district attorney in any county. Any district attorney appointing investigators pursuant to a local act may continue to appoint investigators according to that act until it is expressly repealed. Any investigator appointed pursuant to a local act of the Legislature may continue to exercise the powers and authorities provided in the local act until the local act is expressly repealed. Upon repeal of a local act authorizing the district attorney to appoint investigators and providing for the powers and authority of the investigators, the district attorney may appoint investigators pursuant to this section.
Ala. Code § 12-17-227.4 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.4
Section 12-17-227.4 Service Retirement Allowance. (Amended by Act 2026-404)
Status: in_force

AMENDED BY ACT 2026-404, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(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 District Attorneys’ 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, the member 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.
Ala. Code § 12-17-225.2 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-225.2
Section 12-17-225.2 Court or Clerk of Court to Notify District Attorney When Payments to State or Victim Are in Default
Status: in_force

The court or the clerk of the court shall notify the district attorney in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims’ restitution, or victims’ compensation assessments or like payments in any civil or criminal proceeding ordered by the court to be paid to the state or to crime victims have not been paid or are in default and the default has not been vacated. Upon written notification to the district attorney, the restitution recovery division of the office of the district attorney may collect or enforce the collection of any funds that have not been paid or that are in default which, under the direction of the district attorney, are appropriate to be processed. In no event shall a court or court clerk notify the district attorney in less than 90 days from the date the payments are due to be paid in full.
Ala. Code § 12-16-74 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-74
Section 12-16-74 Hearing of Excuses, Claims of Exemptions, Etc.; Drawing, Swearing and Empaneling of Grand and Petit Jurors
Status: in_force

The court shall require the names to be called from the venire list of all persons who have been served with a summons to appear in court that day for service as jurors and whose service has not been previously excused or postponed. The court may hear any excuses not previously heard and shall pass upon the qualifications of those in attendance for grand jury service. The court may in any case, including capital cases, excuse or postpone the service of any prospective juror outside the presence of the parties and their counsel in accordance with the provisions for excusal contained in Section 12-16-63.

If a grand jury is to be empaneled, the court shall draw from the venire list on a random basis the names of 18 persons qualified and in attendance who shall be sworn and empaneled as the grand jury. If a petit jury is also to be empaneled, all qualified persons remaining whose service is not excused or postponed shall be sworn as petit jurors. If no grand jury is to be empaneled, all persons appearing who are qualified and not excused or whose service is not postponed shall be sworn as petit jurors. The court shall then cause to be randomly compiled a master strike list containing the names of all petit jurors so sworn as jurors.
Ala. Code § 12-18-56 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-56
Section 12-18-56 Filing of Notice of Intention to Retire with Chief Justice of Supreme Court by District Judge; Endorsement and Forwarding Thereof by Chief Justice
Status: in_force

Any judge of the state who desires to be retired pursuant to this article shall file a written notice of election to retire with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.
Ala. Code § 12-18-9 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-9
Section 12-18-9 Offices Deemed Vacant Upon Retirement of Justices of Supreme Court, Judges of Courts of Appeals or Judges of Circuit Courts; Filling of Vacancies
Status: in_force

Whenever a justice of the Supreme Court or judge of one of the courts of appeals or judge of a circuit court of the state retires pursuant to this article the office then held by him shall become vacant, and the vacancy shall be filled as provided by Constitutional Amendment No. 328 or other applicable provisions of the Constitution.
Ala. Code § 12-17-227.11 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.11
Section 12-17-227.11 Supernumerary Program; Participation Election
Status: in_force

(a) An individual serving as district attorney, supernumerary district attorney, or who has made an election to assume the office of supernumerary district attorney or is otherwise entitled to participate in the supernumerary district attorney program established under Division 2 of this article, subject to subsection (c), shall continue to serve or participate in the supernumerary district attorney program, which shall include the assumption of the office of the supernumerary district attorney after November 8, 2016, according to the terms and conditions of Division 2, notwithstanding the fact that the individual may be re-elected after November 8, 2016, to the office he or she is holding on November 8, 2016.

(b)(1) No individual may participate in both the supernumerary district attorney program and the Employees’ Retirement System based on the same service.

(2) An individual who independently qualifies for the supernumerary district attorney program and the Employees’ Retirement System based on separate years of service may participate in both programs.

(c) A district attorney who was elected prior to November 8, 2016, and who is serving in the capacity of district attorney on and after November 8, 2016, and had prior service credit in the Employees’ Retirement System, Teachers’ Retirement System, or Judicial Retirement Fund prior to being elected district attorney shall have 30 days from November 8, 2016, to elect to participate in the District Attorneys’ Plan established by this division. This election shall be irrevocable.

(d) An assistant or deputy district attorney who obtains service credit in that position as a Tier I plan member and is elected or appointed district attorney on or after November 8, 2016, may withdraw from service after completion of not less than 25 years of creditable service and may retire without a reduction in retirement allowance 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.
Ala. Code § 12-22-111 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-111
Section 12-22-111 Issuance, Execution and Return of Subpoenas for Witnesses; Liability of Witnesses Failing to Appear
Status: in_force

In cases of appeal, the clerk of the court shall issue subpoenas for such witnesses as may be required, both for the state and for the accused, returnable to the next session of the court to which the appeal is taken, which subpoenas shall be executed by the sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify as required, they shall be liable to the same penalties, forfeitures and proceedings as if the subpoenas had been issued out of the circuit court.
Ala. Code § 12-13-34 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-34
Section 12-13-34 Persons Who May Institute Civil Actions on Bonds of Judges
Status: in_force

Civil actions may be instituted on all bonds given by a probate judge by anyone sustaining any injury by reason of any neglect or omission of such officer to take good and sufficient surety from any executor, administrator or guardian or from any officer whose bond it is his duty to approve or in any case in which it is his duty to require additional bond and he fails so to do or by the failure of such judge to perform any other official duty or by reason of the commission by him of any wrongful act in the performance of his official duties or under color of his office.
Ala. Code § 12-12-35 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-35
Section 12-12-35 Transfer of Adoption Proceedings to District Court from Probate Court; Maintenance of Records of Adoption Proceedings
Status: reserved

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.

(a) Adoption proceedings, primarily cognizable before the probate court, may be transferred to the district court on motion of a party to the proceeding in probate court.

(b) When adoption proceedings are transferred to the district court, a copy of the record of such proceedings shall be filed in the probate court, and the probate court offices shall maintain records of all adoption proceedings within their respective counties.
Ala. Code § 12-25-33 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-33
Section 12-25-33 Powers and Duties of Commission
Status: in_force

To achieve the goals recognized by the Legislature in Chapter 25 and Section 12-25-31, the commission shall:

(1) Develop, maintain, and modify as necessary a system of statewide voluntary sentencing standards for use in felony cases which shall take into account historical sentencing data, concerning time actually served for various felony offenses, sentences imposed for various felony offenses, and such other factors as appear historically relevant to determining both the duration and disposition of sentences in felony cases. The standards shall recognize a continuum of punishments in recommending the disposition of sentences.

(2) Educate judges, prosecutors, defense attorneys, victim’s service officers, community corrections officials, probation officers, and other personnel, where appropriate, in the use of the voluntary sentencing standards and worksheets.

(3) Develop, distribute, and periodically update sentencing worksheets for the use of courts in determining both the duration and disposition of sentences in felony cases.

(4) Prepare, distribute, and periodically update a form for sentencing courts to record the sentence of the offender and the reason or reasons for any departure from the voluntary sentencing standards.

(5) Develop and distribute voluntary standards for sentencing courts that include recommended intermediate punishment options.

(6) Evaluate validated risk and needs assessment instruments used by the Board of Pardons and Paroles, the Department of Corrections, and other agencies and entities and assist in developing an offender risk and needs assessment instrument for use in felony cases, based on a study of Alabama felons, that is intended to be predictive of the relative risk that a felon will become a threat to public safety.

(7) Collect, analyze, and maintain data regarding sentencing practices in felony cases, including the use of the voluntary sentencing standards, and recommend changes or modifications of the standards and worksheets as the commission deems appropriate.

(8) Collect and analyze information including sentencing data, crime trends, and existing correctional resources to enable the commission to make recommendations regarding projected correctional resource needs and to make recommendations to the Governor, the Legislature, the Chief Justice, and the Attorney General in the annual report of the commission. This annual report should also include data showing the impact of the initial voluntary standards and the truth-in-sentencing standards by race, gender, and location of the offender.

(9) Study felony statutes in the context of sentencing patterns as they evolve and make recommendations for the revision of criminal offense statutes to provide more specific offense definitions and more narrowly prescribed ranges of punishment.

(10) Study bills introduced in the Legislature affecting criminal laws and procedure and prepare impact statements of proposed legislation on Alabama’s criminal justice system, including the prison population.

(11) Report upon its work and recommendations annually to the Governor, the Legislature, the Chief Justice, and the Attorney General, to include the number of incarcerated inmates that are currently only serving a sentence for a nonviolent offense and who also have a violent offense in their criminal history. The Department of Corrections shall provide to the commission any information necessary to complete such report.

(12) Conduct the research necessary to determine the appropriate point values for offenses classified as Class D felonies for purposes of the sentencing guidelines and establish such point values within the sentencing range set forth in Section 13A-5-6.

(13) Perform such other functions as may be required by law or necessary to carry out the duties of the commission prescribed in this chapter and this article.
Ala. Code § 12-20-28 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-28
Section 12-20-28 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - in Pending Action or Proceeding
Status: in_force

If the action or proceeding in which the substitution of a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined, the substitution must be made on notice of not less than one day to the adverse party or his attorney of record, if he has such an attorney, accompanied with a copy of the paper offered in substitution; but, if such adverse party or his attorney of record does not reside in the county, notice may be given by the filing of the paper and the entry of a motion to substitute, or the filing of such motion, for one day prior to the making thereof. On the hearing of such motion, affidavits and counter affidavits may be received as to the correctness of the proposed substitute.
Ala. Code § 12-3-24 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-24
Section 12-3-24 Bond of Clerk of Court of Civil Appeals
Status: in_force

Before entering upon the duties of his office, the Clerk of the Court of Civil Appeals shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
Ala. Code § 12-21-112 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-112
Section 12-21-112 Written Contract as Evidence of Debt or Duty; Impeachment Thereof
Status: in_force

Every written contract, the foundation of the action, purporting to be executed by the party sought to be charged, his partner, agent or attorney-in-fact, is evidence of the existence of the debt or that the party undertook to perform the duty for which it was given and that it was made on sufficient consideration, but may be impeached by answer, and, when so impeached, the burden of proof is on the defendant.
Ala. Code § 12-17-221 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-221
Section 12-17-221 Submission to Office of Prosecution Services by District Attorneys of Estimates of Amounts Needed for Personnel and Office Expenses for Fiscal Year; Form and Contents Thereof; Submission to Legislature by Office of Prosecution Services of Unified Budget Request for Funding of Offices of District Attorneys
Status: in_force

(a) Each district attorney shall submit to the Office of Prosecution Services 60 days prior to each general session of the State Legislature a written report containing an estimate in itemized form showing the amount needed for personnel and office expenses for the year beginning October 1,1978, and each fiscal year thereafter. Each district attorney shall calculate his estimated budget according to the population and case load of his judicial circuit. Each such estimate shall itemize the expenditures required for the district attorney submitting it for his assistants as follows:

(1) Salaries of assistant district attorneys;

(2) Salaries of secretarial and clerical staff;

(3) Salaries of investigators; and

(4) Salaries for any other personnel or other law enforcement expenses.

(b) The form of such reports shall be prescribed by the Office of Prosecution Services and shall be uniform.

(c) The Office of Prosecution Services shall, based upon the various budgets submitted to it by the district attorneys pursuant to subsection (a) of this section, compile and submit to the State Legislature a unified budget request for the funding of the office of district attorney of the several judicial circuits in the manner consistent with other state agencies.
Ala. Code § 12-22-21 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-21
Section 12-22-21 Other Orders, Judgments, or Decrees
Status: in_force

Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the circuit court in such cases shall be within the time hereinafter specified:

(1) From the decree, judgment or order on a contest as to the validity of a will, to be taken within 42 days after the determination of the contest;

(2) From the decree, judgment or order on an application claiming the right to execute a will or administer an estate, to be taken within 42 days after the hearing and decision of such application, unless the application was denied because the applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason of improvidence, intemperance or want of understanding, in which case the appeal must be taken within seven days from the denial of the application;

(3) Upon any decree, judgment or order removing an executor or administrator, in which case the appeal must be taken within seven days after such decree, judgment or order;

(4) By a legatee or person entitled to distribution, on the decision of the court, in proceedings instituted to compel the payment of a legacy or distributive share, at any time within 42 days after such decision;

(5) After a final settlement, upon any order, judgment or decree, made on such settlement, or respecting any item or matter thereof, or any previous settlement or item, or matter thereof, within 42 days thereafter;

(6) Upon any issue as to the insolvency of an estate and upon any issue as to an allowance of any claim against insolvent estates, in which cases the appeal must be taken within 42 days after the determination of such issue; and

(7) On an application for a division or partition of real or personal property, in which case the appeal must be taken within 42 days, and the decree, judgment or order may be stayed upon the execution, within 14 days, of a supersedeas bond, payable to the appellee, in an amount and upon condition to be prescribed by the probate judge, such stay of execution to continue until the appeal is decided.
Ala. Code § 12-18-8.3 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-8.3
Section 12-18-8.3 Restoration of Prior Creditable Service; Participation in Other Public Retirement Systems
Status: in_force

Notwithstanding any other provisions in this chapter, any judge who is currently a member of the Judicial Retirement Fund or who becomes a member of the Judicial Retirement Fund at a future date, who had previously withdrawn his or her funds from the Judicial Retirement Fund or whose account had been terminated due to a five-year absence shall have restored to him or her all creditable service if the judge completes two years of contributing membership service after he or she again becomes a member of the retirement fund and subsequently repays to the Secretary-Treasurer of the Judicial Retirement Fund the amount previously returned to him or her including compounded interest of eight percent to the date of repayment, prior to the date of retirement of the member.

Notwithstanding the foregoing provisions, any member who elects to purchase credit for withdrawn service shall be eligible to purchase the credit only to the extent that the member does not have credit established with any other public retirement system for the period of service. Should any member have established part credit with another public retirement system for any period of withdrawn service, then the member shall only be eligible to purchase that portion of the withdrawn service for which the member does not otherwise have credit. In determining credit with other public retirement systems, coverage under the federal Social Security program shall not be considered. The provisions of this section that allow creditable service to be restored for previously withdrawn service shall terminate February 1, 1998, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to February 1, 1998.
Ala. Code § 12-21-132 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-132
Section 12-21-132 Interpreters for Persons Defective in Speech And/Or Hearing - How Furnished
Status: in_force

The presiding judge before whose court a case involving such handicapped person or persons described in Section 12-21-131, when requested to do so as provided in Section 12-21-133, must furnish said interpreter from a roster of interpreters kept by the Clerk of the Alabama Supreme Court in his office at Montgomery, Alabama, said roster being provided by and approved solely by the Alabama Association of the Deaf.
Ala. Code § 12-19-73 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-73
Section 12-19-73 Circuit and District Court Defendant Service Fees
Status: in_force

(a) The following defendant service fees shall be collected in civil cases in circuit court and district court: For each defendant in excess of one, where personal service is required, there shall be collected a service fee of $10.00; provided, however, where service on any defendant is by publication or by registered mail, the actual cost of such service shall be collected as the service fee. All service fees shall be paid at the time of filing; except, that prepayments shall not be required if the court finds that payment of such fee will constitute a substantial hardship. A verified statement, signed by the plaintiff and approved by the court, shall be filed with the clerk of court attesting to such substantial hardship.

(b) Fees for personal service collected in civil cases shall be distributed as follows: The first $3.00 of each such service fee shall be paid to the county general fund, and the balance thereof shall be paid to the State General Fund.
Ala. Code § 12-22-241 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-241
Section 12-22-241 Consideration of Automatic Appeals; Reversal of Judgment and Granting of New Trial
Status: in_force

In all cases of automatic appeals, the appellate court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of the appellant and may reverse thereon, even though no objection was made thereto. The appellate court shall consider all of the testimony; and, if upon such consideration it is of opinion the verdict is so decidedly contrary to the great weight of the evidence as to be wrong and unjust and that upon that ground a new trial should be had, the court shall enter an order of reversal of the judgment and grant a new trial, though no motion to that effect was presented in the court below.
Ala. Code § 12-17-273 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-273
Section 12-17-273 Oath
Status: in_force

Before any official court reporter, special reporter or roving reporter shall enter upon the duties of his office, he must subscribe to an oath to support the constitution and laws of the State of Alabama and to faithfully perform all the duties of such office.
Ala. Code § 12-10A-3 — Alabama Code / Title 12 / Chapter 10A / Section 12-10A-3
Section 12-10A-3 Applicability to Judicial Retirement Compensation
Status: in_force

(a) Passage of this chapter shall not repeal any law which, on June 10, 1999, provides for the retirement compensation payable from the treasury of any county to a circuit or district judge. Any contribution required by law to be made by a circuit or district judge to be entitled to retirement benefits shall continue at the dollar amount required to be contributed on June 10, 1999, and for any judge elected or appointed on or after June 10, 1999, any benefit paid from the treasury of any county to judges who in the future shall retire shall be fixed at the dollar amount required to be paid on June 10, 1999.

Nothing in this chapter shall be construed as reducing the benefits payable from the county treasury to judges who have retired or to judges who are in active service on June 10, 1999.

(b) Notwithstanding any provision herein to the contrary, any circuit or district judge who is first elected or appointed after October 1, 2001, shall receive retirement benefits only from the Judicial Retirement Fund of Alabama, and shall not receive any retirement benefit from any county.

(c) No provision of this chapter shall reduce the amount of retirement benefits from the Judicial Retirement Fund currently authorized for retired justices and judges.
Ala. Code § 12-17-65 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-65
Section 12-17-65 Term of Office
Status: in_force

Each district judge, except for judges filling positions pursuant to Section 12-17-66, shall be elected for a term of six years by the qualified voters of the district which he is to serve.
Ala. Code § 12-15-311 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-311
Section 12-15-311 Dispositional Hearing
Status: in_force

(a) If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that a child is dependent, the juvenile court may proceed immediately, in the absence of objection showing good cause or at a postponed hearing, to make proper disposition of the case.

(b) In dispositional hearings, all relevant and material evidence helpful in determining the best interests of the child, including verbal and written reports, may be received by the juvenile court even though not admissible in the adjudicatory hearing. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports.

(c) On its own motion or that of a party, the juvenile court may continue the dispositional hearing pursuant to this section for a reasonable period to receive reports and other evidence bearing on the disposition or need for care or rehabilitation. In this event, the juvenile court shall make an appropriate order for temporary care for the child, or the release of the child from temporary care during the period of the continuance, subject to those conditions as the juvenile court may impose.
Ala. Code § 12-5-7 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-7
Section 12-5-7 Entitlement to Insurance, Retirement and Other State Employees’ Benefits of Officers, Employees, Etc., of Administrative Office of Courts and Department of Court Management
Status: in_force

The officers, officials and employees of the Administrative Office of Courts and Department of Court Management shall be entitled to insurance, retirement and other state employees’ benefits regardless of whether they are not under the State Merit System or employed in whole or in part by grant funds; provided, that for retirement purposes the state shall contribute only on the funds paid by the state, and such salaries as are paid by the state shall be the only amounts included in their average final compensation unless additional employer costs are appropriated from the grant funds.
Ala. Code § 12-21-63 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-63
Section 12-21-63 Accounting for Alteration in Writing Introduced as Genuine
Status: in_force

The party producing a writing as genuine which has been altered or appears to have been altered after its execution in a part material to the question in dispute must account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made or that the alteration did not change the meaning of the language of the instrument. If he does that, he may give the writing in evidence, but not otherwise.
Ala. Code § 12-15-601 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-601
Section 12-15-601 Appeals from Judgments and Orders of Juvenile Courts
Status: in_force

A party, including the state or any subdivision of the state, has the right to appeal a judgment or order from any juvenile court proceeding pursuant to this chapter. The procedure for appealing these cases shall be pursuant to rules of procedure adopted by the Supreme Court of Alabama. All appeals from juvenile court proceedings pursuant to this chapter shall take precedence over all other business of the court to which the appeal is taken.
Ala. Code § 12-16-83 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-83
Section 12-16-83 Unlawfully Placing in or Withdrawing Names from Jury Box, Destruction, Etc., of Jury Box, Etc
Status: in_force

Any person who shall unlawfully place in or withdraw from the jury box any name or names of persons or destroy, conceal or remove such jury box or place on or erase from the jury roll the name of any person or destroy, mutilate, conceal or remove such jury roll shall be guilty of a felony and, upon conviction, shall be sentenced to the penitentiary or to hard labor for the county for not less than six months nor more than two years, such period to be fixed by the court.
Ala. Code § 12-17-197 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-197
Section 12-17-197 District Attorney’s Fund
Status: reserved

(a) This section shall be effective in those judicial circuits of Alabama now or hereafter created where there is no local, general or special law providing for a district attorney’s fund for the use of the district attorneys in the discharge of their duties and for law enforcement.

(b) All district attorneys’ fees taxed as costs and collected in all criminal cases in the circuit courts in the judicial circuits defined in subsection (a) of this section shall be paid into the county treasury of the county in which said fees are taxed and collected, and said fund shall be kept as a separate fund in the county treasury and shall be known as the district attorney’s fund and shall be used and expended by the district attorney of the judicial circuit of which said county is a part, as hereinafter provided.

(c) The district attorney of each judicial circuit, as defined in subsection (a) of this section, is hereby authorized to requisition expenditures from the district attorney’s fund for the payment of any and all expenses to be incurred by him for law enforcement and in the discharge of the duties of his office, as he sees fit. The treasurer of each county in each judicial circuit, as defined in subsection (a) of this section, shall pay out of said funds to the said district attorney upon requisition made to the treasurer by the district attorney.

(d) All laws and parts of laws in conflict with this section are hereby repealed, but it is not intended to repeal or modify or change in any manner any general, local or special law creating district attorneys’ funds for certain judicial circuits, and the same shall remain in full force and effect.
Ala. Code § 12-18-7 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-7
Section 12-18-7 Filing of Declaration as to Intention to Retire by Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts; Endorsement and Forwarding Thereof by Chief Justice of Supreme Court; Oath, Powers, Duties, Etc., of Retired Justices and Judges; Forfeiture of Right to Receive Retirement Benefits by Certain Justices or Judges Upon Failure to File Declaration of Intention to Retire
Status: in_force

(a) Any justice of the Supreme Court or any judge of one of the courts of appeals or of a circuit court of the state who desires to be retired pursuant to this article shall file a written declaration relative to his intention to elect such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.

(b) The retiring justice or judge, upon being retired, shall take the oath of office as a retired justice or judge and thereupon become an extra or additional judge of the state. Thereafter, on the request of the Chief Justice, the presiding judge of one of the courts of appeals or the Governor, any such retired justice or judge may serve on the Supreme Court, on either of the courts of appeals or on any circuit court in the state. Such retired justice or judge, when serving on a court in the absence or disqualification of the regular justice or judge, as the case may be, shall have and exercise all the duties and functions of the regular justice or judge for whom he is substituting. When serving on a court for reasons other than the absence or disqualification of the regular justice or judge, the duties of a retired justice or judge shall be as prescribed by the Chief Justice when serving on the Supreme Court or by the presiding judge when serving on a court of appeals or by the presiding judge, when serving in a circuit court; provided, that nothing contained in this provision shall prevent the Chief Justice from assigning a justice or a judge to special temporary duty in other courts. A recital in the minutes of the court that a regular justice or judge is absent or disqualified and that a retired justice or judge is sitting in his place at the request of the Chief Justice, the presiding judge of one of the courts of appeals or the Governor shall be conclusive evidence of his authority to act.

(c) The Chief Justice or any associate justice of the Supreme Court or any judge of a court of appeals or a circuit court who becomes 70 years of age during the term for which he has been elected and is serving, who is qualified to be retired pursuant to this article and who does not at or before the expiration of his term file his written declaration stating that he intends to retire at the end of the term he is then serving shall be deemed to have waived and forfeited his right to receive any retirement benefits under this article. He shall, however, be entitled to a refund of his contributions to the retirement fund.
Ala. Code § 12-18-131 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-131
Section 12-18-131 Eligibility to Retire Regardless of Age
Status: in_force

Notwithstanding Section 12-18-40 or 12-18-55, any justice of the Supreme Court, any judge of the Court of Civil Appeals, any judge of the Court of Criminal Appeals, any circuit judge, or any district judge who has served for not less than 25 years on any one or more of such courts or has 25 years of creditable service in the Judicial Retirement System shall be eligible to retire under this chapter regardless of age.
Ala. Code § 12-21-11 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-11
Section 12-21-11 Applicability of Provisions Regulating Admissibility or Proof of Facts
Status: in_force

Any provision of this division regulating the admissibility or proof of facts in any proceeding shall apply only if the admissibility or proof of such facts is not governed by the Alabama Rules of Civil Procedure, or any other rule of practice as may be adopted by the Supreme Court of Alabama, or by Title 6 of this code.
Ala. Code § 12-21-148 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-148
Section 12-21-148 Use of Certified Facility Dog in Certain Legal Proceedings. (Amended by Act 2026-375)
Status: in_force

AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

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

(1) CERTIFIED FACILITY DOG. A trained working dog that is a graduate of an assistance dog organization, a nonprofit organization that sets standards of training for the health, welfare, task work, and oversight for assistance dogs and their handlers, and shall have at a minimum all of the following:

a. Two years of training and must have passed the same public-access test as a service dog.

b. Documentation showing that the certified facility dog has graduated from an assistance dog organization.

c. A current annual certificate of health from an Alabama veterinarian.

d. Proof of liability insurance in the minimum amount of five hundred thousand dollars ($500,000).

(2) CERTIFIED HANDLER. A certified handler who has received training from an assistance dog organization and has received training on the protocols and policies of legal proceedings and the role of the certified facility dog and certified handler to assure there is no interference with the collection of evidence and testimony, or the administration of justice.

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

(c) If the court, in its sole discretion, grants the use of a certified facility dog, and a jury has been empaneled in the legal proceeding, the certified facility dog shall be accompanied by the certified handler to the witness stand with the witness outside of the presence of the jury, and the certified handler shall return to his or her position in the courtroom within view of the witness stand. Subsequently the jury shall be seated and the court shall instruct the jury on the presence of the certified facility dog and that the presence of a certified facility dog should not create any prejudice to any party.

(d) During trial proceedings, all precautions should be taken to obscure the presence of the dog from the jury.

(e) Markings identifying the dog as a certified facility dog while working must be visible.

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

(g) Prior to the use of a certified facility dog in a court proceeding the state or moving party must file a notice of intent to use the registered therapy dog.
Ala. Code § 12-1-20 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-20
Section 12-1-20 Appellate Courts, Administrative Office of Courts and Department of Court Management Authorized to Contract with Counties, Municipalities, Etc., for Offices and Other Physical Facilities for Courts
Status: in_force

The appellate courts, the Administrative Office of Courts and the Department of Court Management are authorized and empowered to contract with county commissions, municipalities, private individuals, corporations or entities for offices and other physical facilities at locations outside the seat of government, as well as in Montgomery, to be used for the hearing of cases and court needs, as well as office needs of justices, judges and court-related personnel.
Ala. Code § 12-19-50 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-50
Section 12-19-50 Issuance of Execution Against Plaintiff or Appellant for Own Costs; Issuance of Execution Against Sheriff, Etc., Failing to Return, Levy, or Collect Execution Issued Against Plaintiff or Appellant for Costs
Status: in_force

(a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return of an execution “no property found” against the defendant by the proper officer of the county in which the judgment was entered, or, if the execution is from the Supreme Court or courts of appeals, of the county from which the case was brought, may issue execution against the plaintiff or appellant, as the case may be, for the costs actually created by the plaintiff or appellant, but for none other, to be collected and returned as other executions.

(b) Judgment may be entered on motion in the circuit court of such county, in the name of the clerk or probate judge issuing the execution, against the sheriff or his sureties, or either of them, upon three days’ notice, for dereliction of duty on the part of the sheriff for failing to return, levy or collect such execution so issued against the plaintiff or against the plaintiff and his sureties or against the appellant or against the appellant and his sureties for such costs, as follows:

(1) Twenty percent upon the amount of the execution for failing to return same;

(2) For failing to collect the amount of such execution when the same could have been collected by said sheriff by the use of reasonable diligence, the full amount of such execution and 10 percent on the amount thereof as damages; and

(3) For failure to pay over the amount collected thereon, the full amount of the sum so collected and not paid over and five percent per month damage for each month after demand.
Ala. Code § 12-17-199 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-199
Section 12-17-199 Entitlement of Elected Assistant District Attorneys to Entitlements in Article
Status: in_force

All laws to the contrary notwithstanding, any elected assistant district attorney in this state is hereby entitled to all entitlements enumerated in this article.
Ala. Code § 12-2-131 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-131
Section 12-2-131 Confidential Secretaries for Associate Justices and Supernumerary Justices - Appointment, Compensation, Etc
Status: in_force

Each associate justice of the Supreme Court and each supernumerary justice of said court, while serving at the request of the Governor or Chief Justice, is hereby authorized to appoint and employ a confidential secretary, who shall serve at the pleasure of the associate justice or supernumerary justice. Such confidential secretary shall be subject to the Merit System Act only as to the pay plan.
Ala. Code § 12-21-248 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-248
Section 12-21-248 Conditional Judgment Against Defaulting Witnesses - Notice; When Made Absolute
Status: in_force

Where a conditional judgment has been entered against a defaulting witness in a criminal case, if he does not appear before the docket then in process of being heard is completed and show a sufficient cause for his default, a notice must be issued by the clerk of the court within 30 days notifying him of the entry of such conditional judgment and that the same will be made absolute at the expiration of 30 days from the date of service of said notice unless he appears and shows sufficient excuse for his default, which notice must be served by the sheriff and return thereof made to the clerk. If he fails to appear as required or fails to show sufficient excuse for his default, to be determined by the court, the judgment must be made absolute against him.
Ala. Code § 12-21-6.1 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-6.1
Section 12-21-6.1 Reproduction and Delivery of Medical Records
Status: in_force

(a) The following words and phrases used in this section shall have the following meanings:

(1) ACTUAL COSTS. The cost of material and supplies used to duplicate the medical record, the labor costs, and other costs associated with duplication of the medical records.

(2) PERSON. Any medical provider or company or other legal entity that maintains medical records.

(b)(1) Notwithstanding any other provision of law, any person required to release copies of medical records may condition the release upon payment by the requesting party of the reasonable costs of reproducing the medical records.

(2) The reasonable costs of reproducing copies of written or typed documents, or reports shall not be more than one dollar ($1) for each page of the first 25 pages, not more than 50 cents ($.50) for each page in excess of 25 pages, and a search fee of five dollars ($5). If the medical records are mailed to the person making the request, reasonable costs shall include the actual costs of mailing the medical records.

(3) A person may charge in addition to the fees allowed in subdivision (2) of this subsection the actual cost of reproducing X-rays and other special medical records.

(4) Unless other arrangements for payments are made between the requesting party and the person supplying the medical records, the requesting party shall pay the fees charged for reproduction and delivery of the medical records prior to delivery of the medical records.

(c) The provisions of this section shall not apply to records subpoenaed by the State Board of Medical Examiners.

(d) This section shall not affect any fees or costs currently paid by state agencies.
Ala. Code § 12-19-315 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-315
Section 12-19-315 Jurisdiction
Status: in_force

The court shall maintain jurisdiction to collect restitution, fees, fines, costs, and other court ordered monies beyond the termination of a defendant’s sentence or probation.
Ala. Code § 12-12-36 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-36
Section 12-12-36 Venue Generally; Transfer of Actions Improperly Located; Designation of Additional Locations for Court Sites
Status: in_force

(a) Venue in the district court lies in the county where venue would lie for civil or criminal actions brought in the circuit court, except that:

(1) In counties where venue has lain within an area of lesser geographic extent than the county for any categories of cases which were on December 18, 1973, within the jurisdiction of a court inferior to the circuit court, venue lies in such lesser geographic area; and

(2) Venue of prosecutions for violations of municipal ordinances shall be in the district court sitting in the municipality or, if none, the district court within the county and nearest to the municipality;

(b) If any action is filed in a court located where venue does not lie, any party may move to transfer the action to a location where venue may properly be laid.

(c) Additional locations for purposes of court sites may be designated by the Administrative Director of Courts to serve the best interest and administration of justice.
Ala. Code § 12-14-11 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-11
Section 12-14-11 Acceptance of Defendant’s Bond Upon Showing of Inability to Make Immediate Payment of Fines and Costs; Issuance of Execution on Bond Upon Nonpayment of Fines and Costs
Status: in_force

Upon conviction, the court may, upon a showing of inability to make immediate payment of fines and costs, accept defendant’s bond with or without surety and with waiver of exemptions as to personalty, such fines and costs to be payable within 90 days and, upon nonpayment of which execution may issue upon the bond as upon judgments in state courts.
Ala. Code § 12-19-181 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-181
Section 12-19-181 Schedule and Distribution of Additional Fees
Status: in_force

(a) In addition to any other docket fees provided by law, including, but not limited to, the docket fees provided in Sections 12-19-171 and 12-19-176, the following fees shall be automatically assessed in cases in municipal, juvenile, district, and circuit courts upon conviction or adjudication of the defendant of any of the following offenses:

(1) Unlawful possession of marihuana in the second degree in violation of Section 13A-12-214 .........$40.

(2) Possession of drug paraphernalia, misdemeanor conviction or adjudication, in violation of subsection (c) of Section 13A-12-260 ..........$40.

(3) Delivery, sale, manufacture, etc. of drug paraphernalia in violation of subsection (d) of Section 13A-12-260:

a. Misdemeanor ..............$40.

b. Felony .........................$60.

(4) Felony unlawful possession of a controlled substance in violation of Sections 13A-12-212 and 13A-12-213 ...............$60.

(5) Obtaining a controlled substance by fraud in violation of subdivision (3) of subsection (a) of Section 20-2-72............$60.

(6) Unlawful distribution, manufacture, or sale of a controlled substance in violation of Section 13A-12-211 .............$260.

(7) Trafficking in a controlled substance in violation of Section 13A-12-231 ...............$600.

(b) The fees collected pursuant to this section shall be collected by the court clerk and remitted monthly to the State Treasury in accordance with Rule 4 of the Alabama Rules of Judicial Administration and distributed as follows:

(1) Three-eighths of the fee collected shall be deposited in the Fair Trial Tax Fund in the State Treasury and shall be used solely to pay the fees and expenses for the representation of indigent criminal defendants and other persons pursuant to Sections 15-12-21 to 15-12-23, inclusive.

(2) One-eighth of the fee collected shall be deposited in the Advanced Technology and Data Exchange Fund.

(3) One-fourth of the fee collected shall be deposited in the State General Fund and shall be used to provide for the statewide coordination of pro bono legal services in civil matters and for the furtherance of professionalism among members of the bench and bar.

(4) One-fourth of the fee collected shall be deposited in the State General Fund to implement the uniform judicial pay plan.
Ala. Code § 12-5-6 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-6
Section 12-5-6 Department to Be Responsible for Trial Court Administration
Status: in_force

Unless the Chief Justice otherwise directs, the Department of Court Management, under the direction of the Administrative Director of Courts, shall have the responsibility for trial court administration.
Ala. Code § 12-2-11 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-11
Section 12-2-11 Advisory Opinions on Constitutional Questions - Request and Receipt by Court of Briefs from Attorney General and Amici Curiae as to Questions Presented
Status: in_force

The justices of the Supreme Court may request briefs from the Attorney General, and may receive briefs from other attorneys as amici curiae as to such questions as may be propounded to them for their answers.
Ala. Code § 12-20-50 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-50
Section 12-20-50 Establishment or Restoration of Lost, Etc., Records of State, County, or Municipality
Status: in_force

The circuit courts of this state shall have jurisdiction of an action by the state, a county or municipality or any citizen who will give security for the costs of the proceeding to establish or restore any lost, mislaid, destroyed or mutilated records of the state, county or municipality, or of any department, agency or instrumentality thereof. Such courts shall have jurisdiction and power to prescribe all necessary rules, regulations and proceedings proper or necessary to establish or restore lost, mislaid, destroyed or mutilated records and, when so established or restored, to declare them to be the proper and legal records as the original which was so lost, mislaid, destroyed or mutilated. The proceedings shall be ex parte, and any citizen of the state who will give security for the costs of the appeal may appeal from the order, judgment or decision of the circuit court establishing or restoring or refusing to establish or restore such records to the appropriate appellate court of the state. The evidence on the hearing in the circuit court may be by depositions or affidavits, and witnesses may be examined orally and their testimony taken down by the court stenographer and transcribed and certified by him as being true and correct. On appeal to the appropriate appellate court, the transcript of the record, proceedings, and all testimony shall be certified by the circuit court; and, upon the hearing in the appropriate appellate court, such court may affirm or reverse the judgment or order of the circuit court or may enter such judgment, order or decision as the circuit court should have entered on the record and evidence so certified. The proceeding under this section shall not be deemed exclusive, but additional or supplementary to any other remedy given by common law or statute.
Ala. Code § 12-16-82 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-82
Section 12-16-82 Effect of Failure of Person Summoned as Juror to Obey Summons
Status: in_force

If any person summoned as a grand or petit juror shall fail to obey such summons without good excuse, to be determined by the court, he or she shall be deemed guilty of a contempt of court; and, if no sufficient excuse is rendered for him or her at the time of his or her default, an order shall be entered for him or her to show cause why he or she shall not be adjudged guilty of contempt and punished accordingly; and, if he or she shall fail at the next session after the service of such notice to render such excuse, he or she shall be fined by the court not more than three hundred dollars ($300) and may be imprisoned in the county jail for not more than 10 days. In courts holding sessions longer than 30 days, the order shall be made returnable 20 days after it issues, and the person in default shall have 10 days after service in which to appear and render his or her excuse.
Ala. Code § 12-19-314 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-314
Section 12-19-314 Collection of Fees
Status: in_force

All fees or fines imposed pursuant to this chapter shall be collected as provided for by the statute for other court ordered monies in this state.
Ala. Code § 12-19-49 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-49
Section 12-19-49 Assessment of Prepaid Fees as Costs Against Defendant; Execution for Prepaid Fees Assessed as Costs Against Defendant; Issuance of Execution Against Plaintiff for Unpaid Fees Where Execution Against Defendant Returned Indicating “No Property Found.”
Status: in_force

(a) Prepaid fees shall be assessed as additional costs of the proceedings when costs are assessed against the defendant.

(b) A plaintiff may have execution against a defendant for prepaid fees assessed as costs against a defendant by a final judgment.

(c) Execution may be had against a plaintiff when execution against a defendant for unpaid fees results in a sheriff’s return indicating “no property found.”
Ala. Code § 12-16-63.1 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-63.1
Section 12-16-63.1 Request for Postponement of Service
Status: in_force

(a) Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time only. When requested, postponements shall be granted, upon consideration of the following:

(1) The juror has not previously been granted a postponement.

(2) The prospective juror appears in person or contacts the clerk by telephone, electronic mail, or in writing to request a postponement.

(3) Prior to the grant of a postponement with the concurrence of the court, the prospective juror fixes a date certain on which he or she will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session.

(b) A subsequent request to postpone jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden grave illness, or a natural disaster or a national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror shall fix a date certain on which the individual will appear for jury service within six months of the postponement on a date when the court will be in session.
Ala. Code § 12-3-8 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-8
Section 12-3-8 Powers of Judges as to Issuance of Writs of Certiorari, Granting of Injunctions, Etc
Status: in_force

The judges of said courts shall each have authority to issue writs of certiorari and to grant orders for stays of judgments or orders to all inferior courts and injunctions, subject to the limitations prescribed by law.
Ala. Code § 12-13-70 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-70
Section 12-13-70 Continuation of Laws Concerning Duties, Benefits, Etc
Status: reserved

All laws dealing with the eligibility of probate judges to assume duties and obligations, and to claim and receive benefits, as supernumerary probate judges are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of October 1, 1976, continued in full force and effect, and shall not be repealed by the adoption of this code. But at such time as all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits as, or, in the case of surviving spouses, on account of, supernumerary probate judges as of October 1, 1976, are deceased, all such laws shall thereupon be repealed.
Ala. Code § 12-14-18 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-18
Section 12-14-18 Remittance of Court Costs, Fines and Forfeitures Previously Collected Upon Abolition of Municipal Court
Status: in_force

When a municipal court is abolished as provided by law, the court costs, fines and forfeitures collected by the court clerk as a result of enforcement of ordinances of the municipality shall be remitted as follows: Ninety percent of the fines and forfeitures and 10 percent of the costs, exclusive of earmarked funds, shall be paid to the treasurer of the municipality or to the officer corresponding to the treasurer thereof within 30 days after receipt by the clerk of the circuit and/or district court.
Ala. Code § 12-19-92 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-92
Section 12-19-92 Constables’ Fees Generally; Exception as to Jefferson County
Status: in_force

(a) Constables shall be entitled to the following fees for the following services in civil cases in which the amount in controversy is less than $20.00:

(b) In civil cases, the fees of constables shall be the same as the sheriff’s fees on December 18, 1973, when performing the same or like services, where the amount in controversy is twenty dollars ($20) or more, except in Jefferson County where constables shall receive an administrative fee of ten dollars ($10) for each process or alias process issued to the constable and a fee of ten dollars ($10) for actual service of each process, and a gasoline allowance of ten dollars ($10) for the actual service of each process.
Ala. Code § 12-17-227.10 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.10
Section 12-17-227.10 Legislation to Include Costs
Status: in_force

All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.
Ala. Code § 12-15-307 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-307
Section 12-15-307 Notice and Right to Be Heard to Be Given to Relatives, Preadoptive Parents, or Foster Parents
Status: in_force

Relative caregivers, preadoptive parents, and foster parents of a child in foster care under the responsibility of the state shall be given notice, verbally or in writing, of the date, time, and place of any juvenile court proceeding being held with respect to a child in their care.

Foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state have a right to be heard in any juvenile court proceeding being held with respect to a child in their care.

No foster parent, preadoptive parent, and relative caregiver of a child in foster care under the responsibility of the state shall be made a party to a juvenile court proceeding solely on the basis of this notice and right to be heard pursuant to this section.
Ala. Code § 12-18-50 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-50
Section 12-18-50 Entitlement to Retirement and Receipt of Pension of District Judges Generally; Retirement Order
Status: in_force

Every district judge who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension as provided in this article. Such retirement shall be on order of the Board of Control of the Judicial Retirement Fund and upon the request of the district judge to be retired or on an order signed by a majority of the members of the Supreme Court.
Ala. Code § 12-15-411 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-411
Section 12-15-411 Discharge of the Minor or Child from Custody of the Department
Status: in_force

(a) Any minor or child committed to the custody of the department who has gained maximum benefit from institutional treatment, who is no longer in need of the services of the department, or who has gained maximum benefit from the programs of the department shall be discharged from the custody of the department. The minor or child shall not be received again by the department pursuant to the original commitment order unless deemed appropriate by a court of proper jurisdiction holding a subsequent hearing.

(b) The department shall notify the committing juvenile court or the court to which the case is transferred and the parties to the commitment action in writing, which must be received by the juvenile court at least 10 days in advance of the proposed discharge. The committing juvenile court, at the time of discharge, shall transfer custody to a person or another state department or agency deemed suitable by the juvenile court.
Ala. Code § 12-18-92 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-92
Section 12-18-92 1984 Cost of Living Increase
Status: reserved

(a) There is hereby provided, commencing October 1, 1984, to any probate judge retired prior to October 1, 1983, under the Judicial Retirement Fund of Alabama and who is receiving a retirement allowance therefrom, a cost-of-living increase in his maximum retirement allowance as follows:

(1) If such person retired prior to October 1, 1979, a 15 percent increase in his maximum retirement allowance.

(2) If such person retired on or after October 1, 1979, but prior to October 1, 1981, a 10 percent increase in his maximum retirement allowance.

(3) If such person retired on or after October 1, 1981, but prior to October 1, 1983, a five percent increase in his maximum retirement allowance.

(b) Any person retired under the Judicial Retirement Fund of Alabama who assumed office for the first time on or after July 30, 1979, for purposes of this section, shall not be entitled to receive the cost-of-living increase provided.

(c) The board of control of the Employees’ Retirement System shall determine annually the amount required to pay the costs of the benefits provided in this section and shall certify such amounts to the state Comptroller as payable to the Judicial Retirement Fund for the purpose herein defined.

The provisions of this subsection shall govern and override any seeming or actual conflicts with other provisions of this section.

(d) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to retired probate judges of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
Ala. Code § 12-10B-1 — Alabama Code / Title 12 / Chapter 10B / Section 12-10B-1
Section 12-10B-1 Uniform Pay Plan for Circuit Judges, District Judges, Appellate Court Judges, and Supreme Court Justices
Status: in_force

(a) Pursuant to Section 148 of the Constitution of Alabama of 2022, and notwithstanding any other provision of law, beginning on October 1, 2021, judges and justices shall be compensated as follows:

(1) The chief justice of the supreme court’s initial salary shall be one hundred seventy-six thousand dollars ($176,000).

(2) An associate supreme court justice’s initial salary shall be one hundred seventy-five thousand dollars ($175,000).

(3) An appellate court judge’s initial salary shall be one hundred seventy-four thousand dollars ($174,000). The presiding judge of any appellate court shall receive additional compensation of five hundred dollars ($500) per year.

(4) A circuit judge’s initial salary shall be one hundred forty thousand dollars ($140,000).

(5) A district judge’s initial salary shall be one hundred thirty-nine thousand dollars ($139,000).

(b) Each of these amounts shall be adjusted by the Administrative Office of Courts to reflect any cost-of-living adjustment effective on or after October 1, 2021.

(c)(1)a. The salary of circuit judges and district judges shall be increased by 7.5 percent on October 1 after the completion of six full years of service as a circuit or district judge. The salary shall be increased by an additional 7.5 percent on October 1 after the completion of 12 full years of service as a circuit or district judge. The salary shall be increased by an additional 7.5 percent on October 1 after the completion of 18 full years of service as a circuit or district judge.

b. A district judge who is subsequently appointed or elected as a circuit judge shall receive as an initial salary the base salary of a circuit judge plus the appropriate amount for bench experience as a circuit or district judge as provided in paragraph a.

c. A circuit or district judge who is subsequently appointed or elected as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court shall receive the initial salary of the chief justice of the supreme court, a supreme court justice, or an appellate court judge as provided in subdivisions (a)(1), (a)(2), or (a)(3).

(2)a. The salary of the chief justice of the supreme court, supreme court justices, and judges of the appellate courts shall be increased by 7.5 percent on October 1 after the completion of six full years of service as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court. The salary shall be increased by an additional 7.5 percent on October 1 after the completion of 12 full years of service as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court. The salary shall be increased by an additional 7.5 percent on October 1 after the completion of 18 full years of service as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court.

b. A chief justice of the supreme court, a supreme court justice, or a judge of the appellate court who is subsequently appointed or elected as a chief justice of the supreme court, a supreme court justice, or a judge of an appellate court shall receive as an initial salary the base salary of the judge or justice as provided in subdivisions (a)(1), (a)(2), or (a)(3), plus the appropriate amount for bench experience as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court as provided in paragraph a.

(3) The compensation paid by the state to any judge or justice in service on October 1, 2021, may not be diminished pursuant to this section. If a judge’s or justice’s compensation would be diminished pursuant to subsection (a), his or her compensation received on October 1, 2021, shall remain the same as it was prior to October 1, 2021, and may not be increased until the bench experience increase provided for in subsection (c) exceeds his or her current compensation.

(d)(1) Notwithstanding any existing general or local law, existing circuit or district judges in service on October 1, 2021, and any circuit or district judge appointed or elected after October 1, 2021, may only be paid compensation from the State Treasury, and may not receive any salary supplement or expense allowance, or both, from any county.

(2) This subsection shall supersede any local law providing a salary supplement or expense allowance for a circuit or district judge.
Ala. Code § 12-15-219 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-219
Section 12-15-219 Serious Juvenile Offenders; Disposition; Serious Juvenile Offender Review Panel; Facility and Programs
Status: in_force

(a) The juvenile court may find a child to be a serious juvenile offender if:

(1) The child is adjudicated delinquent and the delinquent act or acts charged in the petition would constitute any of the following if committed by an adult:

a. A Class A felony.

b. A felony resulting in serious physical injury as defined in subdivision (14) of Section 13A-1-2.

c. A felony involving deadly physical force as defined in subdivision (6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2; or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2.

(2) The child has been adjudicated delinquent for an act which would constitute a Class A or B felony or burglary in the third degree involving a residence and the child has previously been adjudicated delinquent of two previous acts which would have been a Class A or B felony or burglary in the third degree involving a residence if the acts had been committed by an adult.

(b) A child found to be a serious juvenile offender shall be committed to the custody of the Department of Youth Services, where he or she shall remain for a minimum of one year.

(c) A serious juvenile offender review panel shall be created by the Board of the Department of Youth Services. The serious juvenile offender review panel shall review quarterly the progress of each serious juvenile offender and determine at the end of the one-year term served by each child, a further treatment plan for that child. The panel may extend the commitment, order alternative treatment, or release the child. The serious juvenile offender review panel shall provide the juvenile court with all reports and recommendations, and notify the judge in writing of the decision to release the child at least 30 days in advance of the release.

(d) The Department of Youth Services shall maintain and staff a separate, secure facility and implement programs for serious juvenile offenders. The minimum one-year term required by this section shall be served at the facility and the review panel may extend the period of confinement in the facility as determined necessary.

(e) Nothing in this section shall be construed to prevent the juvenile court from transferring a child for criminal prosecution pursuant to Section 12-15-203.
Ala. Code § 12-17-195 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-195
Section 12-17-195 Assistant District Attorneys Representing Defendants Charged with Criminal Offenses
Status: in_force

Any assistant district attorney who acts as attorney for, represents or defends any defendant charged with a criminal offense of any kind or character in any court, state, municipal or federal, in this state, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 nor more than $1,000.00.
Ala. Code § 12-19-23 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-23
Section 12-19-23 Fees Collected from Proceeds of Judicial Sale; Payment into General Fund; Application of Section
Status: in_force

(a) For each judicial sale in any district or circuit court in this state a fee, which shall equal one percent of the sales price, shall be collected from the proceeds of such sale prior to any other distribution therefrom.

(b) The fee provided herein is in addition to any other fees or costs which may be authorized by law. Fees collected as herein prescribed shall be remitted to the State General Fund.

(c) This section shall apply to any judicial sale in any district or circuit court in this state made on or after October 1, 1984, provided the case was filed after January 15, 1977, and provided further that the provisions of this section shall not apply to any judicial sale in any probate court in this state.
Ala. Code § 12-15-103 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-103
Section 12-15-103 Juvenile Court Judges May Be Circuit or District Court Judges; Maintenance of Separate Juvenile Case Action Summaries; Promulgation of Rules of Procedure for Juvenile Courts; Powers of Judges of Juvenile Courts as to Issuance of Writs and Processes and as to Equity Generally
Status: in_force

(a) A circuit or district court judge may be designated as a juvenile court judge.

(b) The juvenile court shall maintain a separate docketing and case filing system.

(c) The Supreme Court of Alabama shall promulgate rules governing procedure in the juvenile court.

(d) The juvenile court shall issue all writs and processes necessary to the exercise of its jurisdiction and to fulfill the purposes of this chapter.

(e) The judge of the juvenile court shall issue warrants of arrest, pick-up orders, and writs of habeas corpus to have individuals brought before the juvenile court pursuant to this chapter.

(f) The juvenile court shall have and exercise equity power.
Ala. Code § 12-18-113 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-113
Section 12-18-113 Transfer of Contributions and Creditable Service - Probate Judge’s Adjusted Benefit Formulas; Spouse’s Benefits
Status: in_force

In the event a member of the Judicial Retirement Fund, who is a probate judge, or a surviving spouse thereof, must employ and count creditable service transferred under this article to qualify for retirement and/or benefits under the fund, the benefits or allowances payable to such member or spouse shall be calculated as follows, and shall be in lieu of any and all other rights, benefits and allowances, except Social Security payments:

(1) The annual service allowance payable to a retiring probate judge shall be an annual amount equal to the sum of:

a. The amount which results when 75 percent of the base sum or salary upon which such judge was contributing, as provided in Section 12-18-82, immediately prior to retirement is multiplied by the ratio created when the member’s number of years of creditable service, excluding transferred credit, is compared to the number of years of creditable service required under Article 4 of this chapter, to retire on service with respect to the member’s age at the time of retirement; and

b. Two and one-eightieth percent of the member’s average final compensation, that is the average annual compensation, during the three years in the last 10 years of creditable service transferred under this article for which such average is highest, or during his entire period of transferred creditable service if less than three years credit is transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.

The annual service allowance shall be payable to such retiring probate judge in equal monthly installments but, anything in this section to the contrary notwithstanding, shall not exceed 75 percent of the base sum or salary upon which such judge was contributing immediately prior to retirement.

(2) The annual disability allowance payable to a retiring probate judge shall be an annual amount equal to the sum of:

a. A percentage of the base sum or salary contributed upon immediately prior to retirement by such probate judge multiplied by the member’s number of years of creditable service, excluding transferred credit, in accordance with the following schedule:

b. Two and one-eightieth of the average final compensation for the period of transferred service credit multiplied by the member’s number of years of creditable service transferred under this article.

The annual disability allowance shall be payable in equal monthly installments but, anything in this section to the contrary notwithstanding, said allowance shall not exceed 75 percent of the salary or base sum upon which the member was contributing immediately prior to retirement.

(3) The annual allowance payable to the surviving spouse of a probate judge shall be an annual amount equal to the sum of:

a. Three percent of the base sum or salary upon which the judge of probate was paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement, multiplied by the number of years of creditable service as a judge of probate, not to exceed 10 years.

b. Forty percent of two and one-eightieth percent of the member’s average final compensation for the creditable service transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.

The annual allowance to the surviving spouse shall be payable in equal monthly installments for the remainder of the surviving spouse’s life or until remarriage, but, anything in this section to the contrary notwithstanding, said annual allowance shall not exceed 30 percent of the salary upon which the judge of probate was paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement.
Ala. Code § 12-16-204 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-204
Section 12-16-204 Concurrence of 12 Jurors Required for Finding of Indictment; Endorsement and Signature of Indictment Generally
Status: in_force

The concurrence of at least 12 grand jurors is necessary to find an indictment, and when so found it must be endorsed “a true bill” and the endorsement signed by the foreman.
Ala. Code § 12-15-112 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-112
Section 12-15-112 Interference with Performance of Duties by Juvenile Probation Officers
Status: in_force

(a) It shall be unlawful for any person to interfere knowingly with or oppose or otherwise obstruct any juvenile probation officer or representative of the Department of Human Resources in the performance of his or her duties pursuant to this chapter.

(b) Any person violating any of the provisions of this section shall be guilty of a Class A misdemeanor and shall be punished accordingly.

(c) The juvenile court however, shall have the power to suspend any sentence, remit any fine, or place the person on probation pursuant to orders, directives, or conditions for his or her discipline and supervision as the juvenile court deems fit.
Ala. Code § 12-19-10 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-10
Section 12-19-10 Local Purchasing Procedures
Status: in_force

In order to facilitate the prompt purchase and delivery of equipment, clerical office supplies, court forms, stationery and other printed court supplies, hereinafter referred to as “clerical office supplies,” used by and in the offices of circuit judges, district judges, circuit clerks, district clerks, registers, court administrators, official court reporters, magistrates and jury commissions, the presiding circuit judge of each judicial circuit is hereby authorized to administer local purchasing procedures within such judicial circuit and each county thereof as provided in this section.

(1) Not more than 90 days prior to the beginning of each fiscal year, each circuit judge, district judge, circuit clerk, district clerk, register, court administrator, official court reporter, magistrate and each jury commission shall submit to the Administrative Director of Courts a written estimate of the costs of clerical office supplies anticipated to be needed and used for the efficient operation of such court office of such court official during the next fiscal year. The Administrative Director of Courts shall thereupon review each such estimate and shall determine and allocate to each such court office, on a quarterly basis, the amount of funds approved and set aside within the funds appropriated to the Unified Judicial System for the purpose of requisitioning and purchasing such clerical office supplies for each such court office. No such court office shall requisition and purchase such clerical office supplies in excess of the quarterly allotment therefor.

(2) The circuit clerk of each county shall be the local court purchasing agent, hereinafter referred to as the “court agent,” to purchase clerical office supplies for the various court offices within such county; provided, that the presiding circuit judge may designate by instrument in writing such additional court official or officials within the county as local court purchasing agent or agents for any court office or offices other than the office of the circuit clerk. Such clerical office supplies may be requisitioned and purchased on requisition and purchase order forms provided by the Administrative Director of Courts as follows: The court agent shall submit requisitions and purchase orders to the Administrative Director of Courts for his prompt approval therefor in writing; and upon such approval, the court agent shall then purchase such clerical office supplies by delivering such requisition and purchase order to the appropriate vendor for delivery of such clerical office supplies to the court agent together with an itemized invoice therefor. No further approval shall be necessary to authorize the purchase of such clerical office supplies nor obligate funds and the payment therefor notwithstanding any provision contained in Chapter 4 of Title 41 of this code. Upon the receipt of such clerical office supplies and the itemized invoice, the court agent shall promptly execute a material receiving report, approve in writing such invoice for payment and, together with a copy of the requisition and purchase order, forward all such documents to the Administrative Director of Courts, who shall deliver such documents to the state Comptroller for the prompt payment thereof out of funds appropriated to the Unified Judicial System. Each purchase of clerical office supplies by the court agent shall be in conformity with the state competitive bid laws.
Ala. Code § 12-18-160 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-160
Section 12-18-160 Legislation to Include Costs
Status: in_force

All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.
Ala. Code § 12-5-17 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-17
Section 12-5-17 Attendance at Colleges, Conferences, Etc., Pertaining to Administration of Courts by Chief Justice, Officers, Employees, Etc., of Administrative Office of Courts and Department of Court Management, Members of Judiciary and Court-Supportive Personnel Authorized; Reimbursement for Expenses Thereof
Status: in_force

(a) Notwithstanding any other provision of law relating to reimbursement of traveling expenses of public officers and employees, the Chief Justice, officers, officials, personnel and employees of the Administrative Office of Courts and Department of Court Management are authorized to attend colleges, schools, conferences, seminars and other meetings pertaining to the administration of justice and courts, as well as performing the duties of their office, in or outside the State of Alabama, provided the chief justice requests them to do so, and are entitled to be reimbursed for their actual and necessary expenses, including, but not limited to, travel expenses, lodging, subsistence outside the County of Montgomery, tuition fees, registration fees and membership fees or dues.

(b) Members of the judiciary and court-supportive personnel are authorized to attend judicial colleges, institutes, seminars, conferences, court sessions or other meetings concerning the administration of justice, in or outside the State of Alabama; and, notwithstanding any other provision of law relating to reimbursement of traveling expenses of public officers and employees, such members of the judiciary and court-supportive personnel shall be reimbursed their actual and necessary expenses, including, but not limited to, travel expenses, lodging, subsistence outside the circuit or district in which they are employed, registration fees and membership dues or fees; provided, that the Chief Justice orders such member of the judiciary or any court-supportive personnel to attend the same.
Ala. Code § 12-15-406 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-406
Section 12-15-406 Determination of Placement of the Minor or Child
Status: in_force

(a) At the time that a minor or child sought to be committed is first brought before the juvenile court, the juvenile court shall determine the placement of the minor or child pending further hearings. No limitations shall be placed upon the minor or child unless limitations shall be necessary to prevent the minor or child from doing substantial harm to self or to others or to prevent the minor or child from leaving the jurisdiction of the juvenile court.

(b) No child shall be placed in a juvenile detention facility unless the child is charged with a delinquent act.

(c) The juvenile court may order the minor or child to be held in a public or private facility pending receipt by the department.

(d) The juvenile court shall order the minor or child to appear at the times and places set for hearing the petition and may order and require the minor or child to appear at designated times and places to be examined by medical doctors or mental health professionals.
Ala. Code § 12-12-56 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-56
Section 12-12-56 Law Enforcement Officers, Etc., Not to Dispose of Uniform Traffic Tickets or Complaints, Etc., in Unauthorized Manner; Persons Soliciting, Etc., Unauthorized Disposition, Etc., of Uniform Traffic Ticket and Complaint Subject to Punishment for Criminal Contempt
Status: in_force

(a) No law enforcement officer or other officer or public employee shall dispose of a uniform traffic ticket and complaint or any portion thereof or the record of issuance thereof in a manner other than as required under rules or regulations promulgated pursuant to this subsection.

(b) Any person who solicits or aids in the disposition or attempted disposition of a uniform traffic ticket and complaint or any portion thereof in any unauthorized manner is subject to the criminal contempt power of the district or municipal court.
Ala. Code § 12-16-145 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-145
Section 12-16-145 Alternate Juror Selection and Qualification Plan; Master List; Random Selection; Disqualification
Status: in_force

Notwithstanding any provision of Title 12, Chapter 16, the presiding circuit judge, with the consent of the circuit judges of the court, may elect to utilize the following alternate juror selection and qualification plan after notice to the Administrative Director of Courts, which eliminates the master jury box and the interposition of the jury commission in the qualifying process, and embraces and combines the qualification and summoning process, as follows:

The jury commission shall meet and cause to be compiled and maintained a master list of persons in the county, together with their residence addresses, who may be called for jury service. The list shall be compiled and maintained, avoiding duplication as far as possible, from one or more of the sources named in Section 12-16-57 to include persons whose listings will foster the policy and protect the rights provided in Sections 12-16-55 and 12-16-56. This list shall be compiled prior to the implementation of the alternate plan and shall be revised by December 31 of each even-numbered year thereafter.

When jurors, grand or petit, are needed for any future term or terms of court, at least 20 days prior to the first day on which the prospective jurors are to serve, the presiding circuit judge or a circuit judge designated by him shall cause to be randomly drawn from the master list the names of prospective jurors in a number he deems sufficient to obtain the juries needed for the term or terms for which the names are drawn; provided, however, if prior to the first day of service, it appears that an insufficient number of the prospective jurors summoned will be available to constitute the juries for the period for which their names were drawn, the court shall cause the names of additional prospective jurors to be drawn randomly and cause them to be summoned for service forthwith. The prospective jurors whose names are drawn, along with any other person whose jury service has been postponed to such time, shall be summoned by first-class mail notwithstanding any other provision of law; the cost of summoning the prospective jurors under this alternate plan shall be an expense of the court.

Prior to the date on which a prospective juror has been summoned to appear, the presiding circuit judge, or a court official designated by him, shall have the authority to disqualify the prospective juror or to excuse or postpone his service to any future date, notwithstanding the provisions of any other law.

On the day the prospective jurors have been summoned to appear in court, a circuit judge shall examine the prospective jurors on oath touching upon their qualifications as jurors and either qualify or disqualify them in accordance with the provisions for qualification contained in Section 12-16-60. Those persons qualified and whose jury service is not excused or postponed shall become the venire from which grand or petit juries are chosen in accordance with other provisions of law.

The presiding circuit judge, with the consent of the circuit judges of the court, may at any time elect to discontinue use of the alternate plan and to proceed according to other available provisions of this article.
Ala. Code § 12-18-155 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-155
Section 12-18-155 Disability Retirement Allowance
Status: in_force

(a) Upon application of an active and contributing member, any such member who has 10 or more years of membership service who becomes disabled may be retired on a disability retirement allowance by the Board of Control not less than 30 days nor more than 90 days next following the date of filing of such application; provided that the medical board, after a medical examination of such member, shall certify that such individual is totally and permanently mentally or physically incapacitated from regular and substantial gainful employment and that such member should be retired.

(b) Upon retirement for disability, a member who is a clerk shall receive a service retirement allowance if he or she has attained age 62; otherwise, he or she shall receive a disability 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 disability retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation.

(c) Upon retirement for disability, a member who is a judge shall receive a service retirement allowance if he or she has attained age 62; otherwise, he or she shall receive a disability 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 disability 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 disability retirement allowance of seventy-five percent (75%) of the member’s average final compensation.

(d) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once every three-year period thereafter, the Board of Control may require any disability beneficiary who has not yet attained age 62 to undergo a medical examination, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon by a physician or physicians of or designated by the medical board. Should any disability beneficiary who has not yet attained age 62 refuse to submit to such medical examination, his or her retirement allowance may be discontinued until his or her withdrawal of such refusal, and should his or her refusal continue for one year, all his or her rights in and to his or her pension may be revoked by the Board of Control. Should the medical board report and certify to the Board of Control that a disability beneficiary has the capacity to engage in regular and substantial gainful employment, the Board of Control shall discontinue the beneficiary’s retirement allowance until the beneficiary is otherwise eligible for service retirement.
Ala. Code § 12-15-408 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-408
Section 12-15-408 Conducting Hearings to Commit the Minor or Child
Status: in_force

At all hearings conducted pursuant to this section to commit a minor or child to the custody of the department, the following shall apply:

(1) The minor or child sought to be committed shall be present unless, prior to the hearing, the child’s attorney for the minor or child has filed in writing a waiver of the presence of the minor or child on the ground that the presence of the minor or child would be dangerous to his or her physical or mental health or that the conduct of the minor or child could reasonably be expected to prevent the hearing from being held in an orderly manner and the juvenile court has determined from the evidence that the waiver should be granted and has entered an order approving the waiver.

(2) The minor or child sought to be committed shall have the right to compel the attendance of and offer the testimony of witnesses, to be confronted with the witnesses in support of the petition and to cross-examine those witnesses, and to testify in his or her own behalf. No minor or child shall be compelled to testify against himself or herself.

(3) The juvenile court shall cause the hearing to be recorded stenographically, mechanically, or electronically and shall retain the recording for a period of not less than three years from the date the petition is denied or granted, and not less than the duration of any commitment pursuant to the hearing.

(4) All hearings shall be heard by the juvenile court without a jury, and the persons who may be present shall be as provided in Section 12-15-129.
Ala. Code § 12-3-26 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-26
Section 12-3-26 Powers and Duties of Clerks
Status: in_force

Each clerk shall have the authority and it shall be his duty:

(1) To administer oaths and take affidavits;

(2) To issue and sign all writs and process of every description, issued under the authority of the court;

(3) To keep in regular order the papers, dockets and records of the court;

(4) To keep dockets as prescribed by the courts;

(5) To enter from day to day the judgments and proceedings of the courts; and

(6) To have the transcripts of the records of all cases, with a copy of the orders made and of the final judgment or order in each case, and the manuscript opinions of the courts decided at such term, properly preserved so as to show the term at the end of each term. Such transcript and copy of the orders and of final judgment and the manuscript opinion of the court shall constitute the record in each case.
Ala. Code § 12-15-503 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-503
Section 12-15-503 Recommendation by County Team; Decision by Juvenile Court of Multiple Needs Child
Status: in_force

(a) Within 21 days of receipt of a juvenile court referral or within another time specified by the juvenile court, the county team shall present to the juvenile court a plan of services addressing the needs of the child referred to the county team and the respective responsibilities of departments, agencies, and organizations composing this county team. Upon receipt of this plan, the juvenile court may find the child a multiple needs child. When the juvenile court finds it is in the best interests of the multiple needs child, the juvenile court may order the use of any dispositional alternative or service available for dependent children, delinquent children, or children in need of supervision, children who are emotionally disturbed, children with an intellectual disability or mental illness, or children who need specialized educational services, or children who need health services, or any combination thereof. The departments, agencies, or organizations shall be responsible for the implementation of the service plan adopted by the juvenile court.

(b) No multiple needs child, unless alleged or adjudicated delinquent, shall be placed in secure custody, except as provided in Section 12-15-208.

(c) The juvenile court may appoint a guardian ad litem for a multiple needs child.

(d) The provisions of subsections (a), (b), and (c) which require new or additional services beyond those already provided by the departments or agencies which are members of the State Team are mandated only to the extent that additional funds are appropriated to the State Multiple Needs Children Fund to implement its provisions. Nothing in the provisions relating to multiple needs children shall prohibit or restrict departments or agencies charged with the duty of providing services for children and families from working cooperatively and providing financial assistance to address needs which have been identified prior to a case being referred to a county team.
Ala. Code § 12-2-4 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-4
Section 12-2-4 Salary of Justices
Status: in_force

The salary of the Chief Justice of the Supreme Court and every associate justice of the Supreme Court shall be such amount as is provided by law, and shall be paid as the salaries of other state officers are paid.
Ala. Code § 12-21-61 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-61
Section 12-21-61 Subscribing Witnesses - When Must Be Produced
Status: in_force

The subscribing witness to prove execution of private documents must be produced in all cases except the following, unless otherwise specially provided:

(1) Ancient writings which prove themselves;

(2) If from any cause the witness cannot be produced or sworn;

(3) Official bonds required by law to be approved or tested by a particular functionary;

(4) If the paper is only incidentally or collaterally material to the case;

(5) If the party executing the written instrument testifies to its execution; or

(6) If the document is self-proving or properly acknowledged.
Ala. Code § 12-4A-1 — Alabama Code / Title 12 / Chapter 4A / Section 12-4A-1
Section 12-4A-1 Appointment of Court Personnel
Status: in_force

The Supreme Court and the courts of appeal may employ sufficient personnel to carry out their constitutional duties payable from any funds appropriated or available to such courts. The Supreme Court, after consultation with the presiding judges of the courts of appeal, may provide, by order or rule, for the appointment, qualifications, and duties of the State Law Librarian, the Reporter of Decisions of the Supreme Court and the courts of appeal, and the personnel for the security, maintenance, and operation of the State Judicial Building, State Law Library, and the Office of Reporter of Decisions. The Supreme Court and the courts of appeal may each respectively provide, by order or rule, for the appointment, qualifications, and duties of any personnel employed by each court. The Supreme Court and the courts of appeal shall consult with the Administrative Office of Courts in promulgating the procedures for the appointment of employees under this chapter and shall fix all salaries under the State Judicial Personnel System.
Ala. Code § 12-21-131 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-131
Section 12-21-131 Interpreters for Persons Defective in Speech And/Or Hearing - Qualified Interpreter Provided in Certain Criminal and Juvenile Proceedings; Requirements; Fees
Status: in_force

(a) Deaf person means any person either totally deaf, or who has defective hearing, or who has both defective hearing and speech.

(b) For the purpose of this section, the term qualified interpreter means an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is not available, an interpreter whose qualifications are otherwise determined. Efforts to obtain the services of a qualified interpreter certified with a legal skills certificate or a comprehensive skills certificate will be made prior to accepting services of an interpreter with lesser certification. No qualified interpreter shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately interpret the statements of the deaf person and interpret the proceedings in which a deaf person may be involved.

(c) In any case in law or equity before any court or the grand jury or during the juvenile court intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama Rules of Juvenile Procedure, wherein any deaf person is a party to such action, either as a complainant, petitioner, plaintiff, child, defendant, or witness, the court shall appoint a qualified interpreter to interpret the proceedings to the deaf person and interpret his or her testimony or statements and to assist in preparation with counsel.

(d) In any proceeding before any department, board, commission, agency, or licensing authority of the state, in any political subdivision or municipality, wherein any deaf person is a principal party of interest, either as a complainant, respondent, plaintiff, defendant, or witness such department, board, commission, agency, licensing authority or municipality shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret his or her testimony or statements.

(e) In the event a person who is deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer and his or her superiors shall procure a qualified interpreter in order to properly interrogate such deaf person and to interpret such person’s statements. No statement taken from such deaf person before an interpreter is present may be admissible in court.

(f) Every deaf person whose appearance before a proceeding entitles him or her to an interpreter should notify the appointing authority of his or her need prior to any appearance and should request at such time the services of an interpreter; provided that where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day he or she should notify the appointing authority and such notification shall be sufficient for the duration of his or her participation in the proceedings.

(g) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of his or her deafness when the appointing authority has reason to believe that the person is not deaf.

(h) It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through (1) The Alabama Registry of Interpreters for the Deaf; (2) Alabama Association of the Deaf; or, in the alternative, (3) any community resource wherein the appointing authority or the deaf person is knowledgeable that such qualified interpreters can be found. It shall be the responsibility of the Alabama Registry of Interpreters for the Deaf to compile and update annually a listing of qualified interpreters approved by the Alabama Association for the Deaf and to make this listing available to authorities in possible need of interpreter service as provided in this section.

(i) Before a qualified interpreter will participate in any proceedings subsequent to an appointment under the provisions of this section, such interpreter shall make an oath or affirmation that such interpreter will make a true interpretation in an understandable manner to the deaf person for whom he or she is appointed and that such interpreter will interpret the statements of the deaf person desiring that statements be made, in the English language to the best of such interpreter’s skill and judgment. The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter so indicates. Any and all information that the interpreter gathers from the deaf person pertaining to any proceeding then pending shall at all times remain confidential and privileged, or on an equal basis with the attorney-client privilege, unless such deaf person desires that such information be communicated to other persons.

(j) An interpreter appointed under the provisions of this section shall be entitled to a reasonable fee for such services. The fee shall be in accordance with standards established by the Alabama Registry of Interpreters for the Deaf, in addition to actual expenses for travel and transportation. When the interpreter is appointed by a court, the fee and expenses shall be paid out of the State General Fund from “Court Costs Not Otherwise Provided.” When the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.
Ala. Code § 12-12-34 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-34
Section 12-12-34 Juvenile Jurisdiction
Status: in_force

Juvenile jurisdiction shall be exercised concurrently by the district court and the circuit court as provided by law.
Ala. Code § 12-1-19 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-19
Section 12-1-19 Monthly Reports of Clerks of Circuit, District and Municipal Courts as to Fines, Fees, Etc., Collected
Status: reserved

The clerks of the circuit courts and the clerks of the district and municipal courts in this state shall each prepare a monthly report on a form to be approved by the Chief Examiner of Public Accounts showing by totals the amount of fines, trial tax, district attorney fees and other fees that accrue to benefit of the state, county or municipality that were collected the preceding month. The report forms shall be prepared in triplicate. The original copy shall be furnished the State Comptroller, the duplicate copy shall be furnished the county commission, and the triplicate copy shall be retained in the office of the clerk.

All laws or parts of laws and all rules or regulations requiring reports with a detailed itemization of collections by cases are hereby repealed to the extent that they conflict with this section; provided, that nothing contained in this section shall relieve the clerks from maintaining a cashbook containing detailed entries and making detailed reports as required by the Department of Public Safety and Department of Conservation and Natural Resources.
Ala. Code § 12-3-21 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-21
Section 12-3-21 Bond of Clerk of Court of Criminal Appeals
Status: in_force

Before entering upon the duties of his office, the Clerk of the Court of Criminal Appeals shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
Ala. Code § 12-22-197 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-197
Section 12-22-197 Order to Prepare Record on Appeal; Order Authorizing Payment of Fees and Transmission Thereof to State Comptroller
Status: in_force

If it appears to the trial court, after full investigation, that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure same, to pay the court reporter all of his lawful fee for transcribing the evidence and other proceedings had at the trial or the fees of the clerk incident to an appeal or that the defendant or petitioner has reasonably available to him only enough funds to pay a part of such fees, he shall make and enter an order requiring the court reporter to transcribe all or such parts of evidence of the proceedings occurring at the trial that may be necessary to afford the appellate court a record of sufficient completeness for review and shall order the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter an order authorizing the payment of a sum certain to the court reporter of all or a part of his estimated fees, calculated at the rate provided by law, upon the completion and delivery of a transcript and three carbon copies thereof, duly certified and filed with the clerk, one of said carbon copies to be delivered by the clerk to the defendant or petitioner. The court shall also at said time make and enter an order authorizing the payment of a sum certain to the clerk of all or a part of his estimated fees incident to the appeal. Such order shall not be made unless and until the defendant or petitioner has paid to the court reporter and to the clerk that part of the amount due the court reporter and the clerk which the court has found must be borne by the defendant or petitioner, and the defendant or petitioner shall furnish to the court satisfactory evidence of such payment. The trial court shall cause a certified copy of such order to be delivered to the court reporter and to the clerk; and, upon the filing of said transcript and three carbon copies thereof by the court reporter with the clerk of the trial court and the complete preparation of the record on appeal by the clerk, the clerk shall transmit such order to the state Comptroller, whereupon the state Comptroller shall cause to be paid to the court reporter and to the clerk out of the general funds in the State Treasury, not otherwise appropriated, the amount of said fees.
Ala. Code § 12-16-12 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-12
Section 12-16-12 When Charge Must Be Written and Filed in Record
Status: in_force

The charge of the judge must be taken down by the court reporter or by some stenographer appointed by the court and reduced to writing and filed as a part of the record proper of the case, unless both parties or their counsel waive the reporting and making the charge a part of the record.
Ala. Code § 12-17-234 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-234
Section 12-17-234 Restriction on Powers of Office
Status: in_force

Anything in this article to the contrary notwithstanding, the Office of Prosecution Services may not exercise any power, supervisory or otherwise, undertake any duty or perform any function presently or hereafter assigned by law to the Governor of this state, the Attorney General, the Chief Justice of the Supreme Court or any district attorney of any court of record in this state.
Ala. Code § 12-17-227.6 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.6
Section 12-17-227.6 Payments from Plan; Optional Allowances; Replacement Beneficiaries
Status: in_force

(a) Should a member cease to be a district attorney except by death or by retirement under the provisions of this division, the contributions standing to the credit of his or her individual account in the fund shall be paid to him or her upon demand and, in addition to the payment, there shall be paid five-tenths of the interest accumulations standing to the credit of his or her individual account if he or she shall have not less than three but less than 16 years of membership service, six-tenths of the interest accumulations if he or she shall have not less than 16 but less than 21 years of membership service, seven-tenths of the interest accumulations if he or she shall have not less than 21 but less than 26 years of membership service, and eight-tenths of the interest accumulations if he or she shall have not less than 26 years of membership service.

(b) In case of the death of a member eligible for service retirement pursuant to Section 12-17-227.4, an allowance shall be paid to the surviving spouse, if designated as the sole beneficiary, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 2, as set forth in subsection (d), or to such other person who the member shall have designated, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 3, as set forth in subsection (d). Alternatively, if the surviving spouse or other designee desires, he or she may choose to receive, in lieu of the allowance provided under Option 2 or Option 3, the accumulated contributions of the member plus an amount equal to the accumulated contributions of the member not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section.

(c) Upon the death of a member on account of whom no survivor allowance is payable under subsection (b), the accumulated contributions of the member plus an amount equal to the accumulated contributions not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section shall be paid to his or her estate or to such person as he or she shall have nominated by written designation duly executed and filed with the Board of Control.

(d) Optional allowances. With the provision that the election of an option shall be effective on the effective date of retirement, any member may elect prior to retirement to receive, in lieu of his or her retirement allowance payable throughout life, the actuarial equivalent, at that time, of his or her retirement allowance in a reduced retirement allowance payable throughout life with the provisions that:

(1) OPTION 1. If he or she dies before he or she has received in annuity payments the present value of his or her annuity as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to such person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control;

(2) OPTION 2. Upon his or her death, his or her reduced retirement allowance shall be continued throughout the life of and paid to such person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement;

(3) OPTION 3. Upon his or her death, one half of his or her reduced allowance shall be continued throughout the life of and paid to such person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement; or

(4) OPTION 4. Some other benefit or benefits shall be paid either to the member or to such person or persons as he or she shall nominate; provided, that those other benefits, together with the reduced retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance and shall be approved by the Board of Control.

(e) Notwithstanding any other provisions of this section to the contrary, when a designated beneficiary for a member predeceases the member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4, the member may designate a replacement beneficiary for the deceased beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.

(f) Notwithstanding any provision of this section to the contrary, if a retired member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4 divorces his or her designated beneficiary, the member may designate a replacement beneficiary for the beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.
Ala. Code § 12-2-90 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-90
Section 12-2-90 Appointment and Removal of Clerk
Status: in_force

A Clerk of the Supreme Court shall be appointed by the justices and shall be removable at any time for cause, to be determined by the court and entered at length on its record.
Ala. Code § 12-17-91 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-91
Section 12-17-91 Bond
Status: in_force

The official bond of the clerk of the circuit court shall in no case be less than $5,000.00.
Ala. Code § 12-17-201 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-201
Section 12-17-201 Creation and Establishment of Fund; Source of Fund
Status: reserved

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
Ala. Code § 12-22-70 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-70
Section 12-22-70 Procedure Upon Reversal of Judgment or Decree
Status: in_force

The appellate court may, upon the reversal of any judgment or decree, remand the same for further proceedings or enter such judgment or decree as the court below should have entered or rendered, when the record enables it to do so.
Ala. Code § 12-16-47 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-47
Section 12-16-47 Certification to Commission by Court Clerks of Names of Persons Empaneled on Juries; Entry of Notation on Jury Roll by Clerk of Commission
Status: in_force

The clerks of the several courts in which juries are empaneled shall, from time to time as the juries are empaneled, certify to the jury commission the names of all persons so empaneled, and the clerk of the commission, under the direction of the commission shall note opposite the names of such persons on the jury roll the date on which and the court in which they were empaneled.
Ala. Code § 12-15-206 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-206
Section 12-15-206 Transfer of Delinquent and Child in Need of Supervision Proceedings Between Juvenile Courts Within the State
Status: in_force

If a child resides in a county of the state and the delinquency or child in need of supervision proceeding is commenced in a juvenile court of another county, the juvenile court in the county in which the proceeding was commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, may transfer the proceeding to the county of the residence of the child for such further action or proceedings as the juvenile court receiving the transfer may deem proper.

A transfer may also be made if the residence of the child changes pending the proceeding.

The proceeding shall be so transferred if the child has been adjudicated delinquent or in need of supervision and other proceedings involving the child are pending in the juvenile court of the county of his or her residence.

Certified copies of all legal and social records pertaining to the case shall accompany the transfer.
Ala. Code § 12-16-36 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-36
Section 12-16-36 Appointment of Persons to Act as Members of Commission in Event of Absence from State, Sickness, Etc., of Two Members
Status: in_force

In the event that two members of the jury commission are absent from the state, sick or for any reason cannot discharge the duties imposed upon them by this article, then the other member of the commission shall notify any judge of a court of record residing in the county to appear and take the place of the absent members; and, in such case, one judge and one member shall constitute a quorum. If no such judge is present or able to serve, the other member must immediately notify the Governor, who shall appoint competent persons to act as members of the commission until the regular members are present and able to discharge their duties.
Ala. Code § 12-3-10 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-10
Section 12-3-10 Appellate Jurisdiction of Court of Civil Appeals
Status: in_force

The Court of Civil Appeals shall have exclusive appellate jurisdiction of all civil cases where the amount involved, exclusive of interest and costs, does not exceed $50,000, all appeals from administrative agencies other than the Alabama Public Service Commission, all appeals in workers’ compensation cases, all appeals in domestic relations cases, including annulment, divorce, adoption, and child custody cases and all extraordinary writs arising from appeals in said cases. Where there is a recovery in the court below of any amount other than costs, the amount of such recovery shall be deemed to be the amount involved; otherwise, the amount claimed shall be deemed to be the amount involved; except, that in actions of detinue the alternate value of the property as found by the court or jury shall be deemed to be the amount involved.
Ala. Code § 12-17-226.11 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.11
Section 12-17-226.11 Disposition of Funds
Status: in_force

(a) All remaining administration fees shall be allocated to the district attorney’s office. At the discretion of the district attorney, all administration fees paid by the offender pursuant to this division may either be paid to the district attorney, to be placed in the District Attorney’s Solicitor Fund, or if the district attorney and the clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the District Attorney’s Solicitor Fund. In the event that the district attorney elects to have the administration fee paid to the circuit clerk for ultimate distribution to the Solicitor Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for processing.

(b) All fees paid to the district attorney pursuant to this division shall be paid into the District Attorney’s Solicitor Fund and shall be used to pay costs associated with the administration of the pretrial diversion program or for any other law enforcement purpose.

(c) Costs associated with program administration shall be paid from fees collected and include, but are not limited to, salaries, rent, vehicles, uniforms, telephones, postage, office supplies, public education, reports, equipment, training and travel services, service contracts, or professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and justice dictate.
Ala. Code § 12-5-20 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-20
Section 12-5-20 Review, Etc., of Administrative Decisions of Chief Justice or Administrative Director of Courts by Supreme Court Justices
Status: in_force

The justices of the Supreme Court shall have the power and authority to review, countermand, overrule, modify or amend any administrative decision by either the Chief Justice or the Administrative Director of Courts. A majority of all the justices shall constitute a quorum for such purpose. The concurrence of a majority of all the justices shall be sufficient to determine the question of whether and how such decision shall be so reviewed, countermanded, overruled, modified or amended.
Ala. Code § 12-2-92 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-92
Section 12-2-92 When Additional Bond Required; Effect of Failure to Give Additional Bond
Status: in_force

The clerk must give additional bond, on the requisition of the Chief Justice, whenever the public interest requires; and, upon his failure so to do within the time fixed by the Chief Justice, his office shall be vacated.
Ala. Code § 12-15-208.1 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-208.1
Section 12-15-208.1 Requirements for the Detainment of Juveniles
Status: in_force

(a) No person under the age of 18 years, including one who has been transferred for criminal prosecution pursuant to Section 12-15-203 or charged pursuant to Section 12-15-204, shall be detained or confined in any facility under the control of the Department of Corrections unless the facility is fully compliant with the sight and sound separation requirements in subsection (d) of Section 12-15-208. The use of solitary confinement or other practice resulting in extended isolation as a method of complying with subsection (d) of Section 12-15-208 shall be prohibited.

(b) The implementation of this section shall be contingent on funds being appropriated to accomplish this provision.
Ala. Code § 12-21-165 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-165
Section 12-21-165 Incompetent Witnesses
Status: in_force

(a) Persons who have not the use of reason, such as idiots, lunatics during lunacy and children who do not understand the nature of an oath, are incompetent witnesses.

(b) The court must, by examination, decide upon the capacity of one alleged to be incompetent from idiocy, lunacy, insanity, drunkenness or infancy.
Ala. Code § 12-21-13 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-13
Section 12-21-13 Physical Evidence Not Precluded from Jury or Court Because of Break in Chain of Custody
Status: in_force

Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due to a failure to prove the chain of custody of the evidence. Whenever a witness in a criminal trial identifies a physical piece of evidence connected with or collected in the investigation of a crime, the evidence shall be submitted to the jury or court for whatever weight the jury or court may deem proper. The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.
Ala. Code § 12-16-152 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-152
Section 12-16-152 Challenges of Jurors for Cause - Additional Grounds for Challenge by State in Certain Cases
Status: in_force

On the trial for any offense which may be punished capitally or by imprisonment in the penitentiary, it is a good cause of challenge by the state that the person would refuse to impose the death penalty regardless of the evidence produced or has a fixed opinion against penitentiary punishment or thinks that a conviction should not be had on circumstantial evidence, which cause of challenge may be proved by the oath of the person or by other evidence.
Ala. Code § 12-13-39 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-39
Section 12-13-39 Probate Judges Deemed Conservators of Peace
Status: in_force

Probate judges shall be conservators of the peace in their respective counties.
Ala. Code § 12-17-62 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-62
Section 12-17-62 Numbering and Designation of Positions on Ballots in Districts in Which More Than One Judge Elected
Status: in_force

In districts with more than one district judge, each position shall be numbered and designated on primary and general election ballots.
Ala. Code § 12-22-173 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-173
Section 12-22-173 Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal
Status: in_force

In all cases where there is judgment staying sentence, at any time before the record on appeal has been forwarded to the clerk of the appellate court, the defendant, in person or by his attorney, may waive the benefit of the stayed sentence by filing in the office of the clerk of the court in which the case was tried a statement in writing to that effect, signed by himself or his attorney of record. The clerk must then enter the fact and date of such waiver of stay of sentence upon the margin of the record of the judgment and shall report said convict to the board of corrections as in cases where there is no judgment or stay of sentence, but such waiver of the stay shall not affect the appeal.
Ala. Code § 12-19-112 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-112
Section 12-19-112 Probate Court - Ad Quod Damnum Proceedings
Status: in_force

The viewing jurors in cases of erection of dams and establishment of public mills and all jurors summoned under writs of ad quod damnum are each entitled to $5.00 per day, to be paid by the applicant before return of verdict.
Ala. Code § 12-17-68 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-68
Section 12-17-68 Compensation
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-441 EFFECTIVE OCTOBER 1, 2021.
Ala. Code § 12-17-96 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-96
Section 12-17-96 Duty of Clerk When Convict Indicted; Convict Not to Be Released until Bail Given
Status: in_force

The clerk of any circuit court shall, without delay, certify a copy of any indictment in his court against a convict sentenced to the penitentiary or to hard labor for the county to the head of the department having supervision over convicts; and such convict, if pardoned for the offense for which he is sentenced, shall not be discharged until he enters into a recognizance to answer such indictment at the next session of the court in which the same is pending, if the case is bailable, or is otherwise legally discharged from such indictment.
Ala. Code § 12-16-64 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-64
Section 12-16-64 Preservation of Records
Status: in_force

All records and papers compiled and maintained by the jury commission in connection with the selection and service of jurors shall be preserved by the jury commission for four years after the master jury box used in their selection is emptied and refilled and for any longer period ordered by the court.
Ala. Code § 12-5A-4 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-4
Section 12-5A-4 Duties Transferred to Administrative Office of Courts; Transition of Personnel
Status: in_force

(a) On October 1, 1998, all duties currently assigned to the Department of Youth Services relating to the establishment of minimum standards and the certification of juvenile probation officers, providing continuing education for juvenile probation officers, and allocating salary subsidies to the counties for authorized juvenile probation positions, shall be transferred to the Administrative Office of Courts.

(b) On October 1, 1999, the juvenile probation officers and other juvenile probation personnel in any county having a population of 99,000 or less according to the 1990 federal decennial census shall be transitioned to the state court system personnel system administered by the Administrative Office of Courts. The aforementioned personnel shall not include any personnel providing services for detention or shelter care facilities.
Ala. Code § 12-21-3 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-3
Section 12-21-3 Compelling Books, Etc., to Be Produced; Parol in Lieu Thereof
Status: in_force

The court may, upon affidavit of their necessity and materiality, upon motion, compel, by order, either party to produce, at or before the trial, any book, paper or document in his possession or power. The order may be made upon the application of either party, upon reasonable notice to the adverse party or his attorney. If not produced, parol evidence may be given of its contents.
Ala. Code § 12-5-9 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-9
Section 12-5-9 Administrative Director of Courts to Assist Chief Justice with Duties as Administrative Head of Judicial System
Status: in_force

The Administrative Director of Courts shall assist the Chief Justice of the Supreme Court of Alabama in connection with the Chief Justice’s duties as administrative head of the judicial system of Alabama, the Chief Justice’s task of seeing that the business of the courts of the state is attended with proper dispatch and the Chief Justice’s task that the dockets of court are not permitted to become congested and that trials and appeals of cases are not delayed unreasonably.
Ala. Code § 12-15-126 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-126
Section 12-15-126 Issuance of Pick-Up Order for Taking into Custody
Status: in_force

If it appears from a sworn statement, written or verbal, presented to the juvenile court that a child needs to be placed in detention or shelter or other care, the juvenile court may issue a pick-up order that a law enforcement officer or other person authorized by this chapter shall at once take the child into custody and take him or her to the place of detention or shelter or other care designated by the juvenile court.
Ala. Code § 12-18-58 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-58
Section 12-18-58 Judges’ Retirement Benefits
Status: in_force

The annual retirement benefit payable to a judge retiring pursuant to subdivisions (2) through (5) of subsection (a) of Section 12-18-55 shall be 75 percent of the salary payable by the state to district judges on the date such judge retires. Retired district judges shall also be entitled to receive cost-of-living increases in their retirement pay equal to any cost-of-living increment received by retired state employees from the State Employees’ Retirement System, as provided by the Legislature from time to time. District judges retirement benefits shall be payable monthly for the life of the beneficiary and shall not be subject to writs of attachment or garnishment.
Ala. Code § 12-21-62 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-62
Section 12-21-62 Subscribing Witnesses - Proof of Execution When Dead, Etc
Status: in_force

Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent or are without the state or their residence is unknown or, being produced, they do not recollect the transaction, then proof of the actual signing by, or of the handwriting of, the alleged maker or subscribing witness shall be received as primary evidence of the fact of execution; and, if such evidence is not attainable, the court may admit evidence of the handwriting of the subscribing witnesses or other secondary evidence to establish such fact of execution.
Ala. Code § 12-16-220 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-220
Section 12-16-220 Evidence, Other Than Juror’s Questions, Considerations, Etc., Disclosed to District Attorney’s Staff
Status: in_force

Grand jury evidence other than the questions, considerations, debates, deliberations, opinions or votes of any grand juror may be disclosed by a district attorney or other prosecutor in the performance of his official duties to members of his staff for the purposes of bona fide criminal investigations and prosecutions.
Ala. Code § 12-16-89 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-89
Section 12-16-89 Negligent Failure of Sheriff or Deputy to Summon Juror
Status: in_force

If the sheriff or any deputy shall negligently fail to summon any person to serve as a juror whom he is commanded to summon, he shall be held and deemed guilty of a contempt of court and shall be fined not more than $100.00 in every case where the person is not so served, and he may also be imprisoned in the county jail for not more than five days.

The return of any such person as “not found” shall be prima facie evidence of negligence on the part of the sheriff or deputy making the return, and he shall be punished by the court unless the court is reasonably satisfied from evidence produced that he was not negligent.
Ala. Code § 12-15-115.1 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-115.1
Section 12-15-115.1 Disposition of Adoption Proceeding Records
Status: in_force

Once an adoption proceeding in the juvenile court has been completed, a copy of all the juvenile court records, including filings and documents originally sent upon transfer by the probate court, shall be forwarded to the probate court from which the case was transferred. All other filings and documents that are retained by the juvenile court pertaining to the adoption proceeding shall be sealed, kept as a permanent record of the court, and withheld from inspection except as otherwise ordered by the court for good cause shown.
Ala. Code § 12-7-2 — Alabama Code / Title 12 / Chapter 7 / Section 12-7-2
Section 12-7-2 Court Reporter
Status: in_force

The chief judge of the Court of the Judiciary is authorized to employ a court reporter, as needed, who shall assist the court by performing those duties assigned to him by the chief judge. The court reporter shall be compensated at a rate established by the chief judge and paid in the same manner as employees of the state.
Ala. Code § 12-16-206 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-206
Section 12-16-206 Duty of Grand Juror to Disclose to Fellow Jurors Public Offense of Which He Has Knowledge, Etc
Status: in_force

If any grand juror knows or has reason to believe that a public offense has been committed which may be indicted and tried in that county, it shall be his duty to disclose the same to his fellow jurors, who must thereupon investigate it.
Ala. Code § 12-15-106 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-106
Section 12-15-106 Juvenile Court Referees’ Qualifications and Appointment; Conduct of Hearings of Cases by Juvenile Court Referees; Transmission of Findings and Recommendations for Disposition of Juvenile Court Referees to Juvenile Court Judges; Provision of Notice and Written Copies of Findings and Recommendations of Juvenile Court Referees to Parties; Rehearing of Cases by Juvenile Court Judges; When Findings and Recommendations of Juvenile Court Referees Become Decree of the Juvenile Court
Status: in_force

(a) Appointment of Referees. The Administrative Director of Courts may authorize one or more referee positions in any judicial circuit on either a full-time or a part-time basis upon submission of a written request by the presiding juvenile court judge and upon consideration of funding and the juvenile and child-support caseload in the circuit. Once the Administrative Director of Courts approves the request, the presiding judge of the juvenile court may appoint an attorney the judge believes to be qualified to fill the position, subject to the approval of the Administrative Director of Courts. The amount to be paid the referee and the manner of payment shall be determined by the Administrative Director of Courts.

(b) Cases Handled by Referees. The presiding judge of the juvenile court may direct that the referee handle various kinds of juvenile and child-support cases unless any of the following occurs:

(1) The referee has agreed to hear certain juvenile and child-support cases pursuant to an agreement or a contract.

(2) The hearing in a particular case is one to determine whether the case will be transferred for criminal prosecution.

(3) The hearing involves the termination of parental rights as defined in subdivision (10) of Section 12-15-301.

(4) A party objects to a hearing being held by a referee.

(c) Duties of Referees. Referees shall perform one or more of the following duties in juvenile and child-support cases:

(1) Take testimony in hearings.

(2) Evaluate evidence and make findings of fact and recommendations to determine paternity and to establish and enforce child-support orders.

(3) Accept voluntary acknowledgments of child-support liability or paternity and stipulated agreements setting the amount of child support to be paid.

(4) Prepare a default order upon a showing that process has been served on the defendant and that the defendant failed to respond to service in accordance with the Alabama Rules of Juvenile Procedure or the Alabama Rules of Civil Procedure.

(5) Order genetic tests in contested paternity cases without the necessity of obtaining an order from a judge.

(6) Enter orders relating to the administration of the docket of the juvenile court to which the referee is assigned without the necessity of obtaining a signature of a judge.

(7) All other duties as authorized by law or rule.

(d) Duty to Inform Parties of Right to Object to Referee. Before conducting a hearing in a juvenile or child-support case, the referee shall inform all of the parties that the referee is not a judge and that the hearing may be conducted before a judge if any party objects to the hearing being held by the referee.

(e) Written Findings and Recommendations of the Referee.

(1) After conducting a hearing in a juvenile or child-support case, if the referee has made a decision at the conclusion of the hearing, the referee shall immediately reduce his or her findings and recommendations to writing and then transmit those written findings and recommendations to the clerk of the juvenile court for filing and to a judge with authority over juvenile matters for his or her signature pursuant to subsection (g). If the parties are present at the hearing, copies of the written findings and recommendations shall be given to the parties in open court. The written findings and recommendations shall contain a notice that any party has a right to request a rehearing within 14 days of the date those findings and recommendations were filed in the office of the clerk of juvenile court.

(2) If the referee has not made a decision on the matter at the conclusion of the hearing or if the parties are not present in open court, the referee, within three business days of making his or her decision, shall transmit his or her written findings and recommendations to the clerk of the juvenile court for filing and to a judge with authority over juvenile matters for his or her signature pursuant to subsection (g). Once the clerk files the written findings and recommendations, the clerk shall send to the parties, by first class mail, copies of the findings and recommendations containing a notice informing them that they have the right to request a rehearing within 14 days of the date the findings and recommendations were filed in the office of the clerk of the juvenile court.

(3) Notice to a party represented by counsel shall be given to counsel rather than the party and the notice shall be sufficient as notice to the party unless the juvenile court orders otherwise.

(f) Rehearing Before the Juvenile Court. A rehearing before a judge with authority over juvenile court matters concerning the matter heard by the referee shall be scheduled if any party files a written request therefor within the time frames provided in subsection (e). Once a rehearing is scheduled, the parties shall be notified of the date, time, and the place of the rehearing. Notice to a party represented by counsel shall be given to counsel, and this notice shall be sufficient unless the juvenile court orders otherwise. When an adequate record has been made in the proceeding before the referee, the judge shall review the record before rehearing and may admit new evidence at the rehearing. If the record is not adequate, the rehearing shall be de novo.

(g) Ratification by the Judge. The findings and recommendations of the referee shall become the order of the juvenile court when ratified by the original signature of a judge with authority over juvenile matters.

(h) Matters Before the Referee Needing Immediate Action. If a matter before a referee requires immediate action, the referee shall state in his or her written findings and recommendations why the recommendations should be effective immediately. These matters for immediate action may include, but are not limited to, matters of contempt, the physical safety of the child, or the safety of others, or when the personal liberty of the child may be infringed. In such event, the written recommendations of the referee shall be effective and binding, upon the consent of the parties, for a period not exceeding 72 hours. In the event the parties do not consent to immediate action, the recommendations shall be reviewed immediately by any judge with authority over juvenile matters, who may order an appropriate temporary order based on the findings and recommendations, which order will be effective for a period not exceeding 72 hours. In any event, the findings and recommendations of the referee and any temporary orders in a matter needing immediate attention shall be reviewed by a judge with authority over juvenile matters within 72 hours after being made. Upon such review, the judge shall rescind, modify, or continue the order in effect and conduct such further proceedings as may be permitted under subsection (f).
Ala. Code § 12-11-7 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-7
Section 12-11-7 Witnesses and Process for Special Sessions
Status: in_force

The circuit clerk shall, immediately after an order for a special session is made, mail to each party and his attorney of record in any case subject to trial at such session a copy of such order, addressed to such party or attorney at the post office nearest his residence, if known, duly stamped. Subpoenas shall issue for witnesses in any civil or criminal case at such special session.
Ala. Code § 12-17-341 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-341
Section 12-17-341 Secretaries for Clerks
Status: in_force

(a) Positions authorized and existing on June 1, 1975. Each circuit clerk who is authorized the position of confidential or private secretary as of June 1, 1975, shall be entitled to keep such position. Such confidential secretary shall be appointed and serve at the pleasure of the circuit clerk, shall be entitled to all rights, privileges and benefits of merit system employees and shall be paid from the same fund as merit system employees, without regard to merit system qualifications or regulations, at the highest rate of pay that an employee of the circuit clerk in his circuit is entitled to receive.

(b) Additional confidential secretaries. Each circuit clerk may employ a confidential secretary subject to the merit system for pay purposes only, to serve at the pleasure of the circuit clerk. However, before the appointment of such a secretary, not serving on June 1, 1975, the Administrative Director of Courts shall certify to the state Comptroller and presiding circuit judge of the respective circuit that such a secretary is needed; provided, that the job positions so authorized shall not become effective until the necessary appropriations have been provided.
Ala. Code § 12-21-282 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-282
Section 12-21-282 Procedure for Securing Attendance of Witness Within State at Criminal Proceeding, Etc.; in Another State; Fees and Allowances; Effect of Failure of Summoned Witness to Attend and Testify
Status: in_force

(a) If a judge in a court of record in any state which, by its laws, has made provision for commanding persons within that state to attend and testify in this state certifies under seal of such court that there is a criminal proceeding pending in such court or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such proceedings or grand jury investigation and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person resides or the county in which such person is found if he is not a resident of this state, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place for the hearing.

(b) If, at the hearing, the judge determines that the witness is material and necessary and that it will not cause undue hardship to the witness to be compelled to attend and testify in the criminal proceeding or grand jury investigation in the other state and that the laws of the state in which the proceeding is pending or the grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by the ordinary course of travel, will give him protection from arrest and service of civil and criminal process in connection with any matter which arose before his entrance into the state under the summons, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the criminal proceeding is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing, the certificate shall be prima facie evidence of all facts stated therein.

(c) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing. If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the criminal proceeding or grand jury investigation in the other state and that the laws of the state in which the criminal proceeding is pending or grand jury investigation has commenced or is about to commence will give to him the protection from arrest and service of civil and criminal process in connection with any matter which arose before his entrance into the state under the summons, the judge may, in lieu of issuing a subpoena or summons, order that said witness be taken into the custody and delivered to an officer of the requesting state. The certificate shall be prima facie proof of such desirability.

(d) If the witness, who is summoned as provided in this section, after being paid or tendered by some properly authorized persons the sum of $.15 a mile for each mile by the ordinary traveled route to and from the court where the proceeding is pending and $15.00 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Ala. Code § 12-21-184 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-184
Section 12-21-184 Securing Attendance of Witnesses until Case Disposed Of
Status: in_force

In all civil cases where the case is not decided at the first session, witnesses who have been served with subpoenas must not again be summoned by the clerk for further attendance, unless otherwise directed by the party originally summoning them, but such witnesses are bound to attend from session to session until the case is disposed of. If a judgment is entered in the case which is reversed on appeal, new subpoenas must be issued when the case is reset for trial; provided, however, that in the circuit court of counties having a population of 400,000 or more, according to the last or any subsequent federal census, the clerk of the said court must subpoena witnesses to attend court at each regular setting of a case after said witnesses have once been ordered summoned by the party, unless otherwise directed by said party originally summoning them.
Ala. Code § 12-15-140 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-140
Section 12-15-140 Content of Order; Order May Set Forth Reasonable Conditions of Behavior for Parents, Persons Responsible for Care; Enumeration of Certain Specific Requirements Which May Be Included in Order
Status: in_force

(a) The protection or restraint order may set forth reasonable conditions of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or other person legally responsible for the care of the child subject to a juvenile court proceeding, or the spouse of the parent, or spouse of any other person legally responsible for the care of the child, or relatives of any of the above, or residents of the home of the child, or any other person.

(b) The protection or restraint order, among other things, may require any person or persons to do any of the following:

(1) Stay away from the home in which the child subject to a juvenile court proceeding resides, the family or the child.

(2) Vacate the home in which the child subject to a juvenile court proceeding resides.

(3) Permit a parent, legal guardian, or legal custodian to visit the child subject to a juvenile court proceeding at stated periods pursuant to stated conditions or deny visitation.

(4) Deny access to the home in which the child subject to a juvenile court proceeding resides to persons who have been harmful to the child.

(5) Refrain from acts of commission or omission that tend to make the home in which the child subject to a juvenile court proceeding resides an unsafe place for the child.

(6) Cooperate with any treatment or Department of Human Resources service plan found necessary to the best interests of the child subject to a juvenile court proceeding.

(7) Obtain or participate in individual or family counseling.

(8) Refrain from abusive, disruptive, or harassing behavior toward the child subject to a juvenile court proceeding, the other parent, legal guardian, or legal custodian.

(9) Limit or refrain from contact or communication with the child subject to a juvenile court proceeding, family, children in the home, or any other child.

(10) Pay temporary support for the child subject to a juvenile court proceeding or other family members and the costs of medical, psychiatric, or physical treatment or care of the child or other family members.
Ala. Code § 12-13-44 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-44
Section 12-13-44 Reports to Department of Human Resources as to Adoptions - Required
Status: in_force

It shall be the duty of the probate judges to make, on or before the tenth day of each month, to the State Department of Human Resources, reports on all adoptions handled by such courts during the preceding month. All reports required by this section shall be made upon forms furnished by the State Department of Human Resources.
Ala. Code § 12-17-262 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-262
Section 12-17-262 Term of Office; Salary
Status: in_force

Every such supernumerary magistrate shall serve for life and receive in equal monthly installments on the first of each month an annual salary to be paid by the state in an amount equal to 50 percent of the salary paid from time to time to supernumerary district attorneys under Acts 1969, No.1050, p. 1965, or its successors, now appearing as Section 12-17-215, for the payment of which an appropriation shall be made from the State General Fund.