Ala. Code § 12-18-55 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-55
Section 12-18-55 Eligibility for Retirement of District Judges; Right of Election of Former County Court Judges, District Attorneys or Assistant District Attorneys Serving as Circuit Judges on January 16, 1977, to Come Under Provisions of Article 1 of Chapter; Filing of Notice of Election with Clerk of Supreme Court by Same
Status: in_force

(a) Any district judge shall be eligible for retirement and may elect to be retired pursuant to this article if he:

(1) Has served as much as five years as a district judge or judge of a county court immediately prior to retirement and has become permanently, physically, or mentally unable to carry out his duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians;

(2) Has served for 12 years as a district judge or judge of a county court and has reached or passed the age of 65 years;

(3) Has served for 15 years as a district judge or judge of a county court and is not less than 62 years of age or has served as such for more than 15 years and has attained age 62, less one year for each year of service in excess of 15; provided, however, that no district court judge shall retire under the provision of this subdivision prior to attaining the age of 60 years;

(4) Has served for 10 years as a district judge or judge of a county court and is not less than 70 years of age; or

(5) Has served for not less than 18 years or three full terms or a time equal to three full terms as a circuit judge, district judge, judge of a county court or any two or more of the positions; provided, that he shall not be less than 60 years of age.

(b) Any provision of this article to the contrary notwithstanding, a district court judge shall not be eligible to retire on service or otherwise receive service retirement benefits on account of his participation in said fund, unless such member shall have attained 60 years of age; provided, however, that nothing in this subsection shall be construed as limiting, altering or amending existing provisions of law relating to eligibility for entitlement to disability benefits.

(c) Any former judge of a county court, former district attorney or former deputy district attorney serving as circuit judge on January 16, 1977, shall have the right, within one year from January 16, 1977, to elect to come under the provisions of Article 1 of this chapter, receiving prior service credit under such article for years served as a judge of a county court, district attorney, or deputy district attorney to the same extent that years served as a circuit judge would render the circuit judge eligible for retirement, notwithstanding any contrary provisions of Article 1 of this chapter. The notice of election to come within Article 1 of this chapter shall be filed with the Clerk of the Supreme Court.
Ala. Code § 12-21-109 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-109
Section 12-21-109 Effect of Written Receipts, Releases, Discharges, and Judgments Entered Pursuant to Pro Tanto Settlements Generally
Status: in_force

All receipts, releases and discharges in writing, whether of a debt of record, a contract under seal or otherwise, and all judgments entered pursuant to pro tanto settlements, must have effect according to their terms and the intentions of the parties thereto.
Ala. Code § 12-21-9 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-9
Section 12-21-9 Exclusion of Audience Where Evidence Vulgar, Etc
Status: in_force

In all civil cases sounding in damages involving the question of rape, assault with intent to ravish, seduction, divorce or any other case where the evidence is vulgar, obscene or relates to the improper acts of the sexes and tends to debauch the morals of the young, the presiding judge shall have the right, in his discretion and on his own motion, or on motion of plaintiffs or defendants or their attorneys, to hear and try the case after clearing the courtroom of all or any portion of the audience whose presence is not necessary.
Ala. Code § 12-11A-8 — Alabama Code / Title 12 / Chapter 11A / Section 12-11A-8
Section 12-11A-8 Compensation
Status: in_force

Notwithstanding the Rules of Civil Procedure, a private judge may receive compensation for hearing a case in an amount and subject to the terms and conditions agreed to by the private judge and the parties to the case. A contract for the services of a private judge must provide for the payment of the judge’s compensation by the parties, the compensation of all personnel, and the costs of all facilities and materials that are used in relation to the case and not otherwise covered.
Ala. Code § 12-17-220 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-220
Section 12-17-220 Employment of Assistants, Investigators, Etc.; Compensation; Use of Funds; Financial Support
Status: in_force

(a)(1) The district attorney of each judicial circuit may employ, in any manner as he or she shall determine necessary, assistant district attorneys, investigators, clerical, secretarial, and other personnel, who shall be paid from funds available for that purpose. Unless otherwise provided by local law for Talladega County, all of these employees shall serve at the pleasure of the district attorney and shall not be considered employees under the State Merit System Act.

(2) The district attorney’s authority to employ personnel pursuant to subdivision (1) shall not be limited by the residency of any current or potential personnel.

(b) The district attorney may supplement the salaries of personnel employed within his or her office.

(c) The district attorney may use funds available to him or her from all sources such as grants, appropriations, gifts, and other sources for the purposes stated in this section or for any other law enforcement purpose.

(d) Counties are authorized to supplement state expenditures as they deem necessary and shall provide other financial support as required by laws in effect on September 30, 1977.
Ala. Code § 12-13-7 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-7
Section 12-13-7 Garnishments - Issuance, Enforcement, Etc., Generally
Status: in_force

The probate court may issue process of garnishment upon decrees for money, in favor of plaintiffs in such decrees, returnable within 30 days, upon compliance with the laws respecting garnishments in the circuit courts on judgments and may render judgments or decrees on the answers of such garnishees, enforce the collection thereof by execution, as may be necessary, and try all collateral issues that may grow out of the answers of such garnishees, both as to a contest of an answer or a claim of an alleged transferee.
Ala. Code § 12-15-205 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-205
Section 12-15-205 Venue Generally
Status: in_force

If delinquency or in need of supervision is alleged, proceedings shall be commenced in the county where the acts constituting the allegation occurred.
Ala. Code § 12-13-11 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-11
Section 12-13-11 Grounds for Granting New Trials; Costs Therefor
Status: in_force

(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:

(1) Irregularity in the proceedings of the court, jury or prevailing party, or any order of court, or abuse of discretion, by which the party was prevented from having a fair trial.

(2) Misconduct of the jury or prevailing party.

(3) Accident or surprise, which ordinary prudence could not have guarded against.

(4) Excessive or inadequate damages.

(5) Error in the assessment of the amount of recovery, whether too large or too small where the action is upon a contract or for the injury or detention of property.

(6) The verdict or decision is not sustained by the great preponderance of the evidence or is contrary to law.

(7) Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.

(8) Error of law occurring at the trial and properly preserved by the party making the application.

(b) The court, in granting new trials, may allow the same upon the payment of such costs by party applying therefor, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.
Ala. Code § 12-9A-8 — Alabama Code / Title 12 / Chapter 9A / Section 12-9A-8
Section 12-9A-8 Assignment of Circuit or District Judges by Presiding Circuit Judge
Status: in_force

(a) A presiding circuit judge, by order, may assign a circuit or district court judge who is within the circuit to serve within the circuit or within the district courts of the circuit. Before assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including the currency, congestion, and backlog of criminal and civil cases.

(b) Assignments of judges by the presiding circuit judge shall be in writing and shall be sent to the assigned judge as soon as practicable. The presiding judge or the judge’s designee may notify the assigned judge orally of the assignment. An oral notification of an assignment is sufficient until a written notification can be prepared and delivered to the assigned judge. A copy of each written assignment shall be filed with the Administrative Director of Courts and in the office of the clerk or register of the court to which the assignment is made.

(c) Except as otherwise provided by law or rule, the presiding judge may assign judicial secretaries, bailiffs, and court reporters in the judicial system within the circuit to service in the circuit or district court as the service may be required.

(d) This section shall not apply in Jefferson County.

(e) It is the intent of the Legislature that pursuant to Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court of Alabama shall amend Rule 13 of the Alabama Rules of Judicial Administration to conform with the provisions of this section.
Ala. Code § 12-10-3 — Alabama Code / Title 12 / Chapter 10 / Section 12-10-3
Section 12-10-3 Reimbursement of Expenses of Members of Commission
Status: in_force

Commission members shall be reimbursed for actual and necessary expenses incurred in the performance of their duties on the commission; provided, that such expenses shall be approved by the chairman and shall be filed with the Comptroller of the State of Alabama.
Ala. Code § 12-15-216 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-216
Section 12-15-216 Legislative Intent
Status: in_force

The Legislature reaffirms its belief that juvenile court records, in general, should be confidential. However, it is the intent of the Legislature by Act 99-433, 1999 Regular Session, to provide for limited exceptions to juvenile court record confidentiality to promote more effective communication among juvenile courts, law enforcement agencies, and schools to aid in the rehabilitation of children as well as to lessen the potential for drug use, violence, and other forms of delinquency.
Ala. Code § 12-17-29 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-29
Section 12-17-29 Absence of Judge Adjourns Court
Status: in_force

When any circuit judge fails to attend, the court stands adjourned from day to day until the judge or another circuit or special judge appears to open and hold the court.
Ala. Code § 12-21-285 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-285
Section 12-21-285 Construction of Subdivision
Status: in_force

This subdivision shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
Ala. Code § 12-20-25 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-25
Section 12-20-25 Taking File in Pending Action from Office of Clerk, Etc
Status: in_force

The file pertaining to a pending action shall not be taken from the office of the clerk, register or probate judge except by an attorney of record of a party to the action upon a receipt in writing signed by such attorney, stating the number and title of the case and the papers contained in the file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the file and a surrender of the receipt, the costs of substituting them must be paid by the attorney taking them.
Ala. Code § 12-21-281 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-281
Section 12-21-281 Definitions
Status: in_force

As used in this subdivision, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) WITNESS. A person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.

(2) STATE. Any state or territory of the United States and the District of Columbia.

(3) SUMMONS. A subpoena, order or other notice requiring the appearance of a witness.
Ala. Code § 12-16-13 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-13
Section 12-16-13 Charges Moved for by Parties; Appeals; General Charges
Status: in_force

Charges moved for by either party must be in writing and must be given or refused in the terms in which they are written, and it is the duty of the judge to write “given” or “refused,” as the case may be, on the document and sign his name thereto, which thereby becomes a part of the record. Charges which are marked “given” by the trial judge must be taken by the jury with them on retirement, and those “refused” must be retained by the clerk. The court shall, after the conclusion of his charge to the jury, read such written charges as he has given for the parties in a clear and audible voice, saying to the jury, “these are instructions given you by the court at the request of the plaintiff or defendant, as the case may be, and are correct statements of the law to be taken by you in connection with what has already been said to you.” The refusal of a charge, though a correct statement of the law, shall not be cause for a reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the court’s general charge or in charges given at the request of parties. In case of appeal, the charges must be set out in the record on appeal in the following manner: (1) The charge of the court; (2) The charges given at the request of the plaintiff or the state; (3) The charges given at the request of the defendant; and (4) The charges refused to the appellant.

Every general charge shall be in writing or be taken down by the court reporter as it is delivered to the jury.
Ala. Code § 12-17-223 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-223
Section 12-17-223 Construction of Division
Status: in_force

The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict herewith.
Ala. Code § 12-22-26 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-26
Section 12-22-26 Appeals by Next Friends or Guardians of Minors or Persons of Unsound Mind
Status: in_force

The next friend or general guardian of a minor or of a person of unsound mind may, in the name of such minor or person of unsound mind, take and prosecute an appeal from any final decree of the probate court or from any judgment, order or decree of the probate judge, on giving security for the costs of the appeal; but a guardian ad litem may take and prosecute an appeal without giving any security for costs of the appeal and shall not be liable personally for costs of the appeal.
Ala. Code § 12-20-21 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-21
Section 12-20-21 Copying of Orders, Etc., into Final Record Not Required
Status: in_force

The orders, judgments and decrees entered upon the minutes of a court are parts of the record of the cases to which they pertain and need not be copied into the final record. If so copied, no fee shall be charged therefor.
Ala. Code § 12-2-157 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-157
Section 12-2-157 Library Fund
Status: in_force

The library fund of the Supreme Court and state law library shall consist of funds appropriated by the Legislature, fees collected under the provision of law and moneys collected from the sale of copies, books and other materials or received from donations, gifts, grants and funds other than those appropriated. Expenditures out of this fund shall be made by the state law librarian for the use and benefit of the appellate courts under the direction of the justices.
Ala. Code § 12-17-117 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-117
Section 12-17-117 General Direct and Reverse Indexes
Status: in_force

Registers shall keep general direct and reverse indexes of all record books in their offices, which must always be in good, substantial and well-bound books; but they are not required to prepare any new indexes if those already in their offices are sufficient.
Ala. Code § 12-21-8 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-8
Section 12-21-8 Destruction of Exhibits Offered and Received in Evidence
Status: in_force

The registers and clerks of the circuit courts of this state are authorized to and may destroy all exhibits offered and received in evidence in civil cases on or after the expiration of one year from the final disposition of such cases; provided, however, that such destruction shall not be accomplished until it has been approved by the presiding judge of the circuit; provided further, that prior to destruction of the exhibits, the clerk shall notify the party who offered the same into evidence that said exhibits may be obtained within 30 days from the clerk if the offering party so desires. The authority given by this section shall authorize the destruction of such items as certified copies of hospital records subpoenaed by the parties, depositions of parties and witnesses, subpoenas for witnesses, paper exhibits, bulky exhibit items or such other similar items of evidence; provided, however, that such itemization shall not be deemed to be all inclusive; provided further, that after the expiration of the appeal period in such cases and before such destruction, any party at interest, or counsel for such party, may permanently remove and withdraw such exhibits offered by such party upon the execution of an appropriate receipt therefor, which receipt shall be signed and recorded on the consolidated trial docket sheet of such case.
Ala. Code § 12-17-275 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-275
Section 12-17-275 Duties
Status: reserved

The official court reporter shall attend in person, except as otherwise herein provided, the sessions of court held in the circuit for which he is appointed, and in every case, where directed by the judge or requested by a party thereto, he shall take full stenographic notes of the oral testimony and proceedings, except argument of counsel, and note the order in which all documentary evidence is introduced, all objections of counsel, the rulings of the court thereon and exceptions taken or reserved thereto. When directed by the judge, he shall attend the investigations of the grand jury and there take such notes of the testimony as directed by the district attorney or foreman. The original stenographic notes of such court reporter in each case or proceeding officially reported shall be preserved by him and treated as a part of the records of the respective courts, and upon his retirement from office, shall be turned over to the clerks of such courts. In cases where the testimony is taken orally before the judge, the court reporter, whenever ordered by the judge, shall transcribe his stenographic notes of such oral testimony and file the same.
Ala. Code § 12-21-180 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-180
Section 12-21-180 Subpoenas for Witnesses
Status: in_force

(a) At the request of any party to a pending case, or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose addresses shall be given by the person requesting the subpoena, specifying therein the time and place for their appearance, the title of the case and the party at whose instance they are summoned and commanding them to appear in conformity therewith and give testimony.

(b) No subpoena shall issue for a witness residing more than 100 miles from the place of trial, computed by the route usually traveled, unless the person requesting the subpoena makes affidavit that the personal attendance of the witness is necessary to a proper decision of the case and that the deposition of the witness would be insufficient for that purpose, and the fact that such affidavit has been made must be endorsed by the clerk upon the subpoena.

(c) A subpoena issued under this section shall be directed “To any sheriff of the State of Alabama” and, unless the person requesting the subpoena directs that it be personally served as provided in subdivision (1) of this subsection, at the election of the sheriff, the subpoena shall be served by either of the following methods:

(1) By serving the subpoena personally on the witness or by leaving a copy at the place of residence of the witness; or,

(2) In cases or proceedings involving misdemeanors, if any such subpoena is requested more than 10 days before the date the witness is required to appear, the subpoena may be served by placing a copy of such in the United States mail, first class, postage prepaid, addressed to the witness at the address given by the person requesting the subpoena. The envelope in which such subpoena is mailed shall indicate the return address of the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated address it shall be returned to the sheriff. If the mailed subpoena is returned to the sheriff more than three days before the date the witness is required to appear, the sheriff may serve the subpoena in the manner provided in subdivision (1) of this subsection. Any witness whose mailed subpoena shall be returned to the sheriff three days or less before the date the witness is required to appear shall be reported by the sheriff “Not Found.” If the subpoena is served by mail, the date of service shall be the date upon which the sheriff deposits such in the United States mail.

(d) The sheriff shall make return by endorsing on the subpoena the date and manner of service and such return shall be prima facie proof of service.

(e) A witness may acknowledge service of a subpoena by endorsing acceptance thereof on the subpoena, in writing, in which event service by the sheriff shall not be required.

(f) All subpoenas issued while the court is in session commanding the appearance of a witness in a case or proceeding then being heard or to be heard during the term of the court then in session shall be served in the manner provided in subdivision (1) of subsection (c) of this section, unless, on the motion of either party or upon the court’s own motion, service by mail under subdivision (2) of subsection (c) of this section shall be directed by the court.
Ala. Code § 12-19-311 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-311
Section 12-19-311 Bail Bond Fees
Status: in_force

(a)(1) In addition to all other charges, costs, taxes, or fees levied by law on bail bonds, additional fees as detailed in paragraph a. and paragraph b. shall be imposed on every bail bond in all courts of this state.

The fee shall not be assessed in traffic cases, except for those serious traffic offenses enumerated in Title 32, Chapter 5A, Article 9. Where multiple charges arise out of the same incident, the bond fee pursuant to this section shall only be assessed on one charge. For the purposes of this section, the term same incident shall be defined as the same date, location, and proximate time. Where the charge is negotiating a worthless negotiable instrument, the fee shall not be assessed more than three times annually per person charged. The fees shall be assessed as follows:

a. A filing fee in the amount of thirty-five dollars ($35) on each bond executed.

b. For a misdemeanor offense, a bail bond fee in the amount of 3.5 percent of the total face value of the bail bond or one hundred dollars ($100), whichever is greater, but not to exceed four hundred fifty dollars ($450). For a felony offense, a bail bond fee of 3.5 percent of the total face value of the bail bond or one hundred fifty dollars ($150), whichever is greater, but not to exceed seven hundred fifty dollars ($750). Except that if a person is released on a judicial public bail, recognizance, or signature bond, including a bond on electronic traffic and nontraffic citations, the fee shall be affixed at twenty-five dollars ($25). For purposes of this section, face value of bond shall mean the bond amount set by court or other authority at release, not the amount posted at release on bail.

(2) The fees assessed pursuant to paragraph a. of subdivision (1) of subsection (a) are required whether the release from confinement or admittance to bail is based on cash, judicial public bail, personal recognizance, a signature bond, including a bond on electronic traffic and nontraffic citations for those serious traffic offenses enumerated in Title 32, Chapter 5A, Article 9, an appearance bond, a secured appearance bond utilizing security, a bond executed by a professional surety company, or a professional bail company using professional bondsmen; provided, however that no fee shall be assessed pursuant to paragraph a. of subdivision (1) of subsection (a) if a person is released on judicial public bail or on personal recognizance for a documented medical reason. The fee shall be assessed at the issuance, reissuance, or reinstatement of the bond.

(b) The fee in paragraph a. of subdivision (1) of subsection (a) shall be collected by either the official executing the bond or by the clerk of the court. If the fee is collected by the official executing the bond, it shall be collected at the execution of the bond or at the time of release. If the fee is collected by the clerk of the court, it shall be collected at the execution of the bond, at the time of release, or within two business days of release. The fee may be remitted via money order, electronic means, U.S. mail to the court clerk postmarked within 48 hours of release, or by any other method approved by the sheriff. If the fee is collected by an official other than the clerk of the court, the official shall remit the fee to the clerk of the court, attached to the executed bond, within 30 days or upon adjudication or conviction of the underlying offense, whichever occurs first; if the fee is not collected by the official, the official shall provide documentation of the nonpayment, attached to the executed bond, to the clerk of the court within two business days. The clerk of the court may accept the payment of the fee if the clerk has the executed bond, together with proof of nonpayment and charging instrument, in hand. This fee shall be paid by the bondsman, surety, guaranty, or person signing as surety for the undertaking of bail. If the person is released on own recognizance, judicial public bail, or non-custodial offense pursuant to Rule 20 of the Alabama Rules of Judicial Administration, the fee shall be assessed at the time of adjudication or at the time that any other fees and costs are assessed.

(c) Upon the failure to pay the fee in paragraph a. of subdivision (1) of subsection (a) and upon a finding of contempt in subsection (d), the bondsman, surety, guaranty, or individuals required to pay the fee shall be punished by a fine of not less than five hundred dollars ($500) in addition to the fee imposed in paragraph a. of subdivision (1) of subsection (a). The fine shall not be remitted, waived, or reduced unless the person(s) fined can show cause to the court that he or she cannot pay the fine in the reasonably foreseeable future. In addition, upon a finding of contempt, if the responsible party is a professional surety company or a professional bail company or otherwise operating as a bondsman under Alabama law, the presiding judge may revoke the entity or individual’s authority to write or issue bonds pursuant to Section 15-13-159 or 15-13-160 until such time as the payment is rendered in full.

(d) If the fee in paragraph a. of subdivision (1) of subsection (a) is not paid in full within 30 days, the clerk of the court shall provide notification of the delinquency to the district attorney or prosecuting attorney on a monthly basis. Upon receipt of the certification of delinquency or failure to pay from the court, the district attorney or prosecuting attorney may take appropriate action which may include, but shall not be limited to, contempt proceedings. If contempt proceedings are initiated the district attorney or prosecuting attorney shall send notice by U.S. Mail to the last known address of the person charged with the crime, bondsman, surety, guaranty, or person signing as surety for the undertaking of bail of the failure to pay and provide them 10 days to remit payment in full pursuant to this section. If the surety is the person charged with the crime where the fee applies, the district attorney or prosecuting attorney may file a petition for contempt and the court shall set the contempt hearing on the person’s next regularly scheduled court appearance. If the surety is not the person charged with the crime the district attorney or prosecuting attorney may file a petition for contempt with the court, which may, after hearing, find the bondsman, surety, guaranty or person signing as surety the undertaking of bail in contempt. The municipal court clerk shall provide a list to the prosecuting attorney and district attorney every 60 days that shall include, but not be limited to, the name of every person who has failed to pay the fee, the municipal case number, and the name of the person signing as surety for the undertaking bail. If the prosecuting authority of the municipality does not initiate contempt proceedings pursuant to this section within 30 days of receiving notice from the clerk of the court, the district attorney with jurisdiction may file the contempt petition in the municipal court. If the district attorney initiates contempt proceedings in a municipal case and the person is found in contempt, the fine shall be distributed as follows: 50% to the general fund of the municipality and 50% to the district attorney Solicitor’s Fund.

(e)(1) The fee imposed on bail bonds under paragraph b. of subdivision (1) of subsection (a) shall be assessed to the defendant and be imposed by the court when the defendant appears in court for adjudication or sentencing.

(2) Notwithstanding (e)(1), if the bail bond has been secured by cash, the conditions of release have been performed, and the defendant has been discharged from all obligations of the bond, or if the cash bail bond is forfeited the clerk of the court shall, unless otherwise ordered by the court, retain as the bail bond fee the amount pursuant to paragraph b. of subdivision (1) of subsection (a) and disburse the remainder as provided by law.

(3) Notwithstanding (e)(1), if the property bail bond has been secured, the conditions of release have been performed and the defendant has been discharged or released from all obligations of the bond, or if the property bail bond is forfeited, then the bond shall be reduced to the bail bond fee amount pursuant to paragraph b. of subdivision (1) of subsection (a) and the property shall not be discharged or released by the court until the bail bond fee pursuant to paragraph b. of subdivision (1) of subsection (a) has been paid in full.

(4) The fees shall be collected pursuant to paragraph b. of subdivision (1) of subsection (a) by the clerk of the court. The fees pursuant to this section shall not be remitted, waived, or reduced unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the same within the reasonably foreseeable future. The fees pursuant to this section shall not be remitted, waived, or reduced unless all other costs, fees, and charges of court are remitted or waived.

(5) The fees shall not reduce or affect the funds allocated to the office of the court clerk, the sheriff, the municipality, the district attorney, or the Alabama Department of Forensic Sciences under any local act or other funding mechanism under the law. These funds shall be in addition to and not in lieu of any funds currently available to the office of the court clerk, sheriff, municipality, the district attorney, and the Alabama Department of Forensic Sciences.

(f) The court clerks shall distribute on a monthly basis as other fees are distributed, the fees collected pursuant to paragraph a. of subdivision (1) of subsection (a) as follows: Ten percent from each fee shall be distributed either to the county general fund to be earmarked and distributed to the Sheriff’s Fund, administered by the sheriff, in the county where the bond was executed or, where the bond is executed by the municipality, to the municipality; 45 percent of the fee to the court clerk’s fund where the bond was executed or where the bond is executed by the municipal court, to the municipality; 45 percent of the fee to the Solicitor’s Fund in the county where the bond was executed. The bail bond fee records shall be audited by the Department of Examiners of Public Accounts.

(g) The court clerks shall distribute on a monthly basis as other fees are distributed, the fees collected pursuant to paragraph b. of subdivision (1) of subsection (a) as follows: Twenty-one dollars and fifty cents ($21.50) from each fee shall be distributed to the county general fund which shall be earmarked and distributed to the Sheriff’s Fund, administered by the sheriff, in the county where the bond was executed or, where the bond was executed by a municipality, to the municipality; 40 percent of the remainder of the fee to the court clerk’s fund where the bond was executed or where the bond is executed by the municipal court, to the municipality; 45 percent of the remainder of the fee to the Solicitor’s Fund in the county where the bond was executed; five percent to the State General Fund and ten percent to the Alabama Forensic Services Trust Fund. The bail bond fee records shall be audited by the Department of Examiners of Public Accounts.
Ala. Code § 12-22-90 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-90
Section 12-22-90 Appeals in Habeas Corpus
Status: in_force

(a) Any party aggrieved by the judgment on the trial of a habeas corpus may appeal to the appropriate appellate court.

(b) The district attorney or other prosecuting officer or attorney may take an appeal on behalf of the state to the appropriate appellate court when, on habeas corpus, any person held in custody under a charge or conviction for crime or for extradition as a fugitive from justice from any other state is discharged from custody or when any person held in custody under an indictment by the grand jury charging him with a capital offense is admitted to bail. In all such cases the judgment must be stayed pending the appeal.

(c) Pending the appeal, the person restrained shall be admitted to bail, with sufficient sureties, conditioned that he will appear before such court or officer as may be prescribed by the judge and abide the judgment entered, provided such person is charged with an offense that is bailable under the laws of this state and is not a prisoner serving his sentence and the judgment appealed from is not a judgment denying his application for bail.
Ala. Code § 12-1-16 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-16
Section 12-1-16 Voluntary Diminution of Compensation, Benefits, Etc., by Judges, Officers, Employees, Etc., of Judicial Branch of Government
Status: in_force

It shall be lawful for any justice, judge, official, officer or employee of the judicial branch of government, including any retired or supernumerary justice, judge, officer, official or employee, to voluntarily diminish the compensation, salary, retirement benefits or any other benefits of monetary value fixed by law to which he is entitled, from time to time, to such extent as he may desire, on forms and in the manner prescribed by the Administrative Office of Courts; provided, that this provision shall not prevent such justice, judge, officer, official or employee from drawing his travel expenses or allowances, provided he is performing duties or engaging in activities in behalf of the judicial system of Alabama.
Ala. Code § 12-19-72 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-72
Section 12-19-72 Circuit and District Court Filing Fee - Distribution
Status: in_force

The filing fees collected in civil cases shall be distributed as follows:

(1) For cases filed on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or less, seventeen dollars ($17) to the Fair Trial Tax Fund; thirteen dollars ($13) to the State General Fund; and five dollars ($5) to the county general fund.

(2) For cases on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, exceeds one thousand five hundred dollars ($1,500) but does not exceed three thousand dollars ($3,000), twenty-one dollars ($21) to the Fair Trial Tax Fund; seventy-five dollars ($75) to the State General Fund; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and eight dollars ($8) to the county general fund.

(3) For other district court cases, including small claims cases, in which the matter in controversy, exclusive of interest, costs, and attorney fees, exceeds three thousand dollars ($3,000) but does not exceed ten thousand dollars ($10,000), twenty-one dollars ($21) to the Fair Trial Tax Fund; one hundred fifty-nine dollars fifty cents ($159.50) to the State General Fund, eighty-four dollars fifty cents ($84.50) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and twelve dollars fifty cents ($12.50) to the county general fund.

(4) For cases filed in circuit court other than cases filed on the domestic relations docket of the circuit court, twenty-five dollars ($25) to the Fair Trial Tax Fund; two hundred forty-six dollars seventy-five cents ($246.75) to the State General Fund, one hundred forty-one dollars seventy-five cents ($141.75) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and twenty dollars twenty-five cents ($20.25) to the county general fund.

(5) For other circuit court cases in which the matter in controversy, exclusive of interest, costs, and attorney fees, does not exceed fifty thousand dollars ($50,000), twenty-five dollars ($25) to the Fair Trial Tax Fund; one hundred fifty-three dollars fifty cents ($153.50) to the State General Fund, forty-eight dollars fifty cents ($48.50) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and thirteen dollars fifty cents ($13.50) to the county general fund.

(6) For uncontested and contested cases filed on the domestic relations docket in circuit court, twenty-five dollars ($25) to the Fair Trial Tax Fund; one hundred five dollars ($105) to the State General Fund; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and ten dollars ($10) to the county general fund.

(7) For cases filed on the domestic relations docket of the circuit court seeking to modify or enforce an existing domestic relations court order, twenty-five dollars ($25) to the Fair Trial Tax Fund; two hundred one dollars ($201) to the State General Fund, ninety-six dollars ($96) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and seventeen dollars ($17) to the county general fund.

(8) For a counterclaim, cross claim, third party complaint, third party motion or an action for a declaratory judgment filed in a civil action of the circuit court and for a motion or complaint to appear as an intervenor or a third party plaintiff in a civil action of the circuit court other than cases filed on the domestic relations docket of the circuit court, twenty-five dollars ($25) to the Fair Trial Tax Fund; two hundred thirty-six dollars seventy-five cents ($236.75) to the State General Fund, two hundred thirty-six dollars seventy-five cents ($236.75) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and thirty dollars twenty-five cents ($30.25) to the county general fund.

(9) For any fifty dollar ($50) fee collected for each additional plaintiff in civil cases filed on the small claims docket of the district court where the amount in controversy does not exceed three thousand dollars ($3,000), forty-six dollars fifty cents ($46.50) shall be distributed to the State General Fund for judicial and public safety functions and three dollars fifty cents ($3.50) shall be distributed to the county general fund.

(10) For any fifty dollar ($50) fee collected for each additional plaintiff in civil cases filed in the district court, including small claims cases where the amount in controversy exceeds three thousand dollars ($3,000), as well as, any fifty dollar ($50) fee for any party filing a dispositive motion, i.e., a motion for a judgment on the pleadings, a default judgment, or a summary judgment, forty-five dollars ($45) shall be distributed to the State General Fund for judicial and public safety functions and five dollars ($5) shall be distributed to the county general fund.

(11) For any one hundred dollar ($100) fee collected for each additional plaintiff in civil cases filed in the circuit court, ninety-three dollars ($93) shall be distributed to the State General Fund for judicial and public safety functions and seven dollars ($7) shall be distributed to the county general fund.

(12) Ten dollars ($10) of all sums paid pursuant to subdivision (13) of Section 12-19-71 shall be paid to the Fair Trial Tax Fund; eighty-six dollars fifty cents ($86.50) to the State General Fund, forty-five dollars fifty cents ($45.50) of which shall be for judicial and public safety functions; and three dollars fifty cents ($3.50) shall be distributed to the county general fund.
Ala. Code § 12-18-10 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-10
Section 12-18-10 Retirement and Disability Benefits of Justices of Supreme Court, Judges of Courts of Appeals, and Judges of Circuit Courts; Interim Active Duty Status; Removal from Active Duty
Status: in_force

(a) The retirement benefit payable to a justice of the Supreme Court or judge of one of the courts of appeals retiring pursuant to Section 12-18-6(a)(2), (3), (4), or (5) shall be 75 percent of the salary prescribed by law for the position from which he or she retires, payable monthly for the rest of his or her life. The benefit shall continue to be 75 percent of his or her salary prescribed by law for the position and shall change in amount as the salary is increased or decreased by law and may not be subject to writs of attachment or garnishment.

(b) The retirement benefit payable to a judge of a circuit court retiring pursuant to Section 12-18-6(b)(2), (3), (4), or (5) shall be 75 percent of the salary prescribed by law of the salary payable from the State Treasury to circuit judges. The retirement benefits shall be payable monthly for the life of the beneficiary and shall continue to be 75 percent of the salary then prescribed by law for the respective position and shall change in amount as the salary is increased or decreased by law and may not be subject to writs of attachment or garnishment.

(c) After the death of any justice or judge who held office for a minimum of five years, his or her spouse shall receive a yearly benefit equivalent to three percent of the salary payable from the State Treasury prescribed by law for his or her former position as either a justice or judge, for each year of service, not to exceed 30 percent of the salary, payable monthly for the remainder of the spouse’s life or until his or her remarriage, and the benefit shall change in amount as the salary is increased or decreased by law.

(d) Any justice or judge retiring pursuant to Section 12-18-6(a)(1) or (b)(1) who has served for 10 years shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the salary payable from the State Treasury for the position held at the time he or she retires. If the disabled justice or judge has served less than 10 years, he or she shall be entitled to receive a monthly disability benefit that is equal to 25 percent of the salary payable from the State Treasury for the position held at the time he or she retires plus 10 percent of the salary for each year of service in excess of five years; provided, however, that in no event shall a justice or judge receive less than 30 percent of the annual salary being paid to a full-time justice or judge from the State Treasury.

(e)(1) Any justice of the Supreme Court or judge of a court of appeals who has retired pursuant to this article or Article 7, on the request of the Chief Justice, the presiding judge of a court of appeals, or the Governor, may be called to interim active duty status, upon consent of the retired justice or judge. Any circuit judge who has retired pursuant to this article or Article 7, on the request of the presiding circuit judge of the applicable judicial circuit and with the approval of the Chief Justice, may be called to interim active duty status, upon consent of the retired judge. When serving with the Supreme Court or courts of appeals, he or she shall perform the duties as may be prescribed by the Chief Justice or the presiding judge of the court of appeals. When serving in a circuit court, he or she shall perform the duties as may be prescribed by the presiding judge in the circuit.

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

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

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

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

(f)(1) Whether a retired justice or judge is satisfactorily performing the assigned duties shall be determined by the following:

a. If the assignment is to the Supreme Court, by the Chief Justice, with the advice of the Supreme Court.

b. If the assignment is to a court of appeals, by the presiding judge of the applicable court of appeals, with the advice of the court over which he or she presides.

c. If the assignment is to the circuit court, by the Chief Justice and the presiding circuit judge of the applicable judicial circuit.

(2) Upon determination that the retired justice or judge is not satisfactorily performing the duties, the retired justice or judge shall immediately be removed from interim active duty status, and the additional interim active duty status compensation shall be stopped.

(g) Except as provided in subdivision (e)(1) or subsection (f), a retired justice or judge shall hold office as an additional or extra judge during good behavior and may be removed only for causes specified in the constitution. Any retired justices or judges may be transferred to inactive status, upon request for the transfer. Justices or judges who revert to inactive status shall be entitled to the same retirement benefits prescribed in subsections (a) and (b) for justices and judges who have retired.

(h) Nothing in this section shall limit the power and authority of the Chief Justice to transfer a retired justice or judge from inactive status to active status or from active status to inactive status as the public interest in his or her judgment requires.

(i) The Administrative Office of Courts shall adopt policies and procedures for nominations to the Chief Justice and duties assigned to interim active duty status justices and judges.
Ala. Code § 12-13-5 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-5
Section 12-13-5 Form, Execution, Return, Etc., of Letters Testamentary, Etc., and Process of Probate Court Generally
Status: in_force

All letters testamentary, of administration and of guardianship and all process from the probate court shall be signed by the judge or his chief clerk, bear the date of the day of issue and conform, as nearly as possible, to those used in other courts in this state and shall be directed, executed and returned in like manner and under the same penalties unless otherwise provided by law.
Ala. Code § 12-12-7 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-7
Section 12-12-7 Issuance of Writs
Status: in_force

The district court may issue all writs necessary to preserve and enforce its jurisdiction and authority.
Ala. Code § 12-3-28 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-28
Section 12-3-28 Law Clerks - Clerk to Serve Appointing Judge; Dismissal of Clerk and Appointment of Successor
Status: in_force

Each law clerk so appointed shall serve as law clerk to the judge appointing him and may be dismissed and a successor appointed at the will of the appointing judge.
Ala. Code § 12-17-270 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-270
Section 12-17-270 Appointment; Qualifications; Term of Office; Removal
Status: in_force

Each of the judges of the circuit courts of this state shall appoint a competent person to perform the duties of official court reporter of the courts in the circuit over which said judge presides. No two or more judges shall appoint the same court reporter. The official court reporter shall be an officer of the court and within his circuit shall have power to administer oaths and shall hold office at the pleasure of the judge, who shall have power to remove said official reporter at any time. The court reporter shall not be related to the trial judge within the fourth degree of consanguinity or affinity, and any appointment of a court reporter so related to the trial judge within the prohibited degree shall be void. The provisions of this section shall not apply to circuits which consist of only one county and have three or more than three judges.
Ala. Code § 12-18-3 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-3
Section 12-18-3 Appropriation of Moneys by Legislature for Judicial Retirement Fund; Payment of State Contributions to Fund in Event of Failure of State to Appropriate Moneys, Etc., for Fund
Status: in_force

The Legislature from time to time shall appropriate sufficient moneys out of the General Fund of the State Treasury to sufficiently provide for the provisions of this chapter. The amount paid from the General Fund into the Judicial Retirement Fund annually shall not be less than the yearly contributions paid by all members.

Should the Legislature fail to appropriate moneys or sufficient moneys for the Judicial Retirement Fund, then the contributions from the state out of the General Fund to be paid into the Judicial Retirement Fund shall be paid out of moneys appropriated to the account designated for salaries of supernumerary justices and judges; provided, however, that such payments shall not adversely affect the amounts paid to any supernumerary justice or judge.
Ala. Code § 12-16-192 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-192
Section 12-16-192 Examination of County Treasury and Bonds of County Officers, Inquiry into Indictable Offenses Committed or Triable Within County, Etc
Status: in_force

It shall be the duty of the grand jury to examine into the condition of the county treasury and the bonds of all county officers with regard to their correctness and sufficiency and to report upon the same, to inquire into all indictable offenses committed or triable within the county, which, as they may be advised by the court, are not barred by the lapse of time or some other cause, and to perform such other duties as are or may be by law required of them.
Ala. Code § 12-21-220 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-220
Section 12-21-220 Right of Defendant to Be Witness; Effect of Prosecution’s Comment on Defendant’s Failure to Testify
Status: in_force

On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness, and his failure to make such a request shall not create any presumption against him nor be the subject of comment by counsel. If the district attorney makes any comment concerning the defendant’s failure to testify, a new trial must be granted on motion filed within 30 days from entry of the judgment.
Ala. Code § 12-17-252 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-252
Section 12-17-252 Supreme Court to Provide Rules of Administration for Agency
Status: in_force

The Supreme Court shall provide rules of administration for such administrative agency, including the bonding of all officials who will be handling money.
Ala. Code § 12-21-31 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-31
Section 12-21-31 Written Settlements for Composition of Debts
Status: in_force

All settlements in writing made in good faith for the composition of debts must be taken as evidence and held to operate according to the intention of the parties though no release under seal is given and no new consideration has passed.
Ala. Code § 12-22-75 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-75
Section 12-22-75 Execution Upon Dismissal of Appeal or Affirmation of Judgment, Etc
Status: in_force

When an appeal shall be prosecuted from a judgment to the appropriate appellate court and such appeal is dismissed or the judgment is affirmed, upon a certificate of judgment of the appellate court being filed in the office of the clerk of the court from which the case was originally appealed, execution may issue and other proceedings be had thereon in all respects as if no appeal had been prosecuted.
Ala. Code § 12-16-78 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-78
Section 12-16-78 Drawing of Names from Jury Box for Juries in Probate Court; Summoning and Drawing of Jurors; Certification to Jury Commission of Names of Persons Disqualified, Exempt and Empaneled
Status: in_force

Whenever a jury is required to try any issue in a probate court of the county, other than inquisition proceedings regarding mental illness, the probate judge shall procure the jury box and key thereto and shall draw from the jury box as many names as he may think necessary, in no case less than 24, and shall immediately return the key and box to the proper custodian thereof respectively. After each name is drawn, it shall not be returned to the jury box and there shall be no selection of names, and the probate judge shall make and file a record of the drawing and issue an order to the sheriff requiring him to summon the jurors, and the probate judge shall draw the juries in the manner provided by this article, and the judge shall call the names of those disqualified and exempt and those empaneled to be certified to the jury commission as required by law.
Ala. Code § 12-21-300 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-300
Section 12-21-300 Offering of Certificate of Analysis in Lieu of Testimony
Status: in_force

(a) In any criminal case, or juvenile or family court case which is of a criminal nature, the prosecuting authority may offer a certificate of analysis as described below, in lieu of direct testimony. The court shall receive as evidence the certificate of analysis from any of the following:

(1) A person performing an analysis or examination in any laboratory operated by the Alabama Department of Forensic Sciences or authorized by the department to conduct an analysis or examination of the type performed.

(2) A person performing an analysis or examination in any criminalistics laboratory established pursuant to federal law.

(b) To be admissible pursuant to this section, a certificate of analysis shall contain all of the following:

(1) The date and time the evidence was delivered to the facility.

(2) The name of the person making the delivery, and the name of the person receiving the delivery.

(3) A brief description of the evidence.

(4) The type of examination or analysis requested.

(5) The name of the person making the examination or analysis.

(6) The date or dates of the examination or analysis.

(7) The results of the examination or analysis.

The certificate of analysis shall give the name and address of the facility in which the examination or analysis was made, and it shall be signed by and sworn to as true and correct, under penalty of law, by the person making the examination or analysis.
Ala. Code § 12-5A-8 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-8
Section 12-5A-8 Juvenile Probation Officers - Supervision; Employees of State; Appointment and Dismissal; Director of Probation Services; Certain Employees Subject to Merit System Procedures
Status: in_force

On or after October 1, 1999, each of the following shall occur:

(1) In each county having a population of 99,000 or less according to the 1990 federal decennial census, all juvenile probation officers and employees covered by this chapter, and any future employees occupying covered positions, shall be under the direct supervision of the presiding juvenile court judge.

(2) All juvenile probation officers in counties having a population of 99,000 or less according to the 1990 federal decennial census shall be state employees and shall be subject to the procedures of the state court system personnel system. All appointments of juvenile probation officers for authorized positions within a county shall be made by the presiding juvenile court judge, subject to the approval of the Administrative Director of Courts. Persons so appointed shall not be a part of the merit system in the state court system personnel system. Any dismissal of a juvenile probation officer, except those appointed as chief juvenile probation officers or directors of probation services, shall be for good cause and shall be subject to review by the Administrative Director of Courts. Juvenile probation officers who are subject to appointment and dismissal procedures pursuant to a local government merit system immediately prior to October 1 of the year of transition shall be subject to all Merit System procedures established by the Administrative Director of Courts for other merit employees in the state court system personnel system.

(3) If there is more than one juvenile probation officer in a county having a population of 99,000 or less according to the 1990 federal decennial census, the presiding juvenile court judge may appoint a chief juvenile probation officer or director of probation services who shall be responsible for the administration of the juvenile probation services under the direction of the juvenile court. If there is only one juvenile probation officer in a county, the presiding juvenile court judge may designate that juvenile probation officer as the chief juvenile probation officer or director of probation services. The chief juvenile probation officer or director of probation services shall serve in that position at the pleasure of the appointing juvenile court judge. Any person appointed as chief juvenile probation officer or director of probation services who previously served as a juvenile probation officer within the circuit or district, may return to juvenile probation officer status and may be appointed to a vacant juvenile probation officer position within the circuit or district. If there is no vacancy in the circuit or district, the position of the individual shall be terminated without prejudice.

(4) Any employee, on the effective date for the transition of a county having a population of 99,000 or less according to the 1990 federal decennial census, or hereafter appointed to a position in juvenile probation services, other than chief juvenile probation officers, directors of probation services, or juvenile probation officers, covered by this chapter and any future employee occupying those positions, shall be subject to the same merit system procedures of employment as apply to merit employees in the state court system personnel system.
Ala. Code § 12-15-134 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-134
Section 12-15-134 Maintenance and Inspection of Law Enforcement Records
Status: in_force

(a) Law enforcement agencies shall take special precautions to ensure that law enforcement records and files concerning a child will be maintained in a manner and pursuant to those safeguards that will protect against disclosure to any unauthorized person, department, agency, or entity. Unless a charge of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the juvenile court otherwise orders in the interests of the child, of public safety, or of national security, the law enforcement records and files with respect to the child shall not be open to public inspection nor their contents disclosed to the public.

(b) Law enforcement records and files described in subsections (a) and (f) shall be open to inspection and copying by the following:

(1) A juvenile court having a child currently before it in any proceeding.

(2) Personnel of the Department of Human Resources, the Department of Youth Services, public and private institutions or agencies of which the child under the jurisdiction of the juvenile court has been placed into the legal custody, and those responsible for his or her supervision after release.

(3) Law enforcement officers of other jurisdictions when necessary for the discharge of their current official duties.

(4) The probation and other professional staff of a court in which the child is subsequently convicted of a criminal offense or adjudicated as a youthful offender for the purpose of a presentence report or other dispositional proceedings, officials of penal institutions and other penal facilities into which the child is placed, or a parole board in considering his or her parole or discharge or in exercising supervision over him or her.

(5) The probation and other professional staff serving a court handling criminal cases when investigating or considering youthful offender applications.

(6) The parent, except when parental rights have been terminated, or legal guardian of the child , the child’s attorney , and the guardian ad litem.

(7) The principal of the school in which the child is enrolled, or the representative of the principal, upon written petition to the juvenile court setting forth the reasons why the safety or welfare, or both, of the school, its students, or personnel necessitate production of the information and without which the safety and welfare of the school, its students, and personnel would be threatened.

(c) Law enforcement records may be viewed by victims during the investigation of a crime at the discretion of the investigating officer.

(d) All law enforcement agencies shall report to the Alabama State Law Enforcement Agency that a child has been charged with an act of delinquency along with any pertinent identifying information or historical data concerning that child, when either of the following occurs:

(1) The child is taken into custody and charged with an act of delinquency for an act which would constitute a felony if committed by an adult.

(2) The child is taken into custody and charged with an act of delinquency for an act which would constitute a misdemeanor if committed by an adult.

(e) Nothing in this section shall be construed to prohibit or otherwise limit counsel from disclosing confidential law enforcement records relating to a client as needed to investigate the case of the client or prepare a defense for that client, provided that the disclosure is in furtherance of counsel’s representation of the party.

(f) Except for use in legal proceedings, photographs, likeness, and personal identifying information contained in law enforcement records of a person charged pursuant to Section 12-15-204 are not public records and may not be published in any printed or electronic media nor open to public inspection prior to conviction, unless a hearing has been held pursuant to Section 15-13-3, there has been a probable cause determination by a district or circuit court judge, an indictment has been issued by a grand jury, or the district court or circuit court with jurisdiction over the case orders the records be released in the interest of the person charged, in the interest of public safety, or in the interest of national security.

(g) Except as provided in this section, any person who knowingly discloses, makes use of, or permits the use of information described in this section that identifies a child, or the family of a child, who is or was under the jurisdiction of the juvenile court, upon conviction, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court.

(h) Nothing in this section shall be construed to prohibit or otherwise limit a prosecuting authority from disclosing confidential law enforcement records relating to a child as needed to investigate or prosecute the case, provided that the disclosure is in furtherance of or related to the investigation or prosecution.
Ala. Code § 12-16-48 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-48
Section 12-16-48 Certification to Commission by Court Clerks of Names of Persons Found Disqualified or Exempt from Jury Service; Entry of Notation on Jury Roll by Clerk of Commission
Status: in_force

The clerks of the several courts shall also certify to the jury commission the names of all persons who have been found by the court to be disqualified or exempt, which fact shall be noted opposite their respective names on the jury roll.
Ala. Code § 12-18-8.1 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-8.1
Section 12-18-8.1 Time of Service as Full-Time State Prosecutor, Etc., May Be Credited as Time in Judicial Position with Judicial Retirement System
Status: in_force

Any justice of the Supreme Court or judge of one of the courts of appeals or any circuit court judge holding office on or before June 1,1976, who has time of service as a full-time state prosecutor or assistant state prosecutor in any circuit of the state, or who had time of service as an attorney for the State Milk Control Board, 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 or before June 1, 1976, with the Judicial Retirement System; provided, however, that such time of service does not exceed five years; provided also that such justice or judge shall pay into the Judicial Retirement Fund of Alabama a sum equal to six 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 Systems of Alabama within one year from June 1, 1981. Should the records of the Employees’ Retirement Systems of Alabama fail to reflect the position held thereunder and for which credit is sought under the provisions of this section, affidavit from one disinterested person that such position was that of a full-time prosecutor or assistant prosecutor of any circuit in this state, or as an attorney for the State Milk Control Board, shall suffice as proof thereof.
Ala. Code § 12-18-88 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-88
Section 12-18-88 Call to Active Duty of Retired Judges; Compensation of Retired Judges on Active Duty; Termination of Active Duty
Status: in_force

Every probate judge who has retired pursuant to this article may, on the request of the Chief Justice, be called to active duty status as a probate judge.

Such retired probate judge shall be entitled to receive from the county in which he is serving reimbursement for all reasonable and necessary expenses, including travel, incurred in the performance of such active duty.

Such active duty status shall be terminated by the appointment of a person to fill the vacancy occupied by such retired probate judge or by an order of the appointing authority.
Ala. Code § 12-6-1 — Alabama Code / Title 12 / Chapter 6 / Section 12-6-1
Section 12-6-1 Per Diem Compensation of Members of Commission Who Are Not Judges
Status: in_force

Members of the Judicial Inquiry Commission who are not judges, while engaged in the performance of their duties outside the counties of their residence or in attending meetings of the commission, shall be paid per diem compensation in an amount equal to one half of one percent of the annual salary paid by the State of Alabama to circuit judges.
Ala. Code § 12-14-8 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-8
Section 12-14-8 Traffic Infractions Procedure
Status: in_force

All municipalities shall utilize the uniform traffic infractions procedure as provided by law or rule.
Ala. Code § 12-18-82 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-82
Section 12-18-82 Contributions to Retirement Fund by Judges
Status: in_force

(a) Judges on fees. After October 1, 1976, each probate judge compensated by fees who elects to come under the provisions of Article 1 of this chapter or who comes under the provisions of Article 1 of this chapter by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of a sum, hereinafter referred to as the “base sum,” that is, 90 percent of the annual state compensation now authorized by law to be paid to circuit judges in Alabama; provided, that, after February 1, 1977, the rate of contribution to be paid by such judge shall be six percent of his salary derived from the State of Alabama, but such increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%) of their salary. The base sum shall be adjusted up or down in accordance with and equal to future changes that are made in the state compensation of such circuit judges. Such percentage shall be paid by each such probate judge into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the probate judge from whose fees it was paid.

(b) Judges on salary. After October 1, 1976, each probate judge compensated by salary who elects to come under the provisions of Article 1 of this chapter or who comes under the provisions of Article 1 of this chapter by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of his salary; provided, that, after February 1, 1977, the rate of contribution to be paid by such judge shall be six percent of his salary derived from the State of Alabama, but such increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%) of their salary. Such percentage shall be paid into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the probate judge from whose salary it was deducted.
Ala. Code § 12-15-322 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-322
Section 12-15-322 Authority of One in Custody to Place Child for Adoption or Consent to Adoption
Status: in_force

Upon the termination of parental rights by the juvenile court and placement of permanent custody of a child with any agency or department, the agency or department may place the child for adoption or consent to the adoption of the child.
Ala. Code § 12-2-50 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-50
Section 12-2-50 Continuation of Laws Concerning Duties, Benefits, Etc
Status: reserved

All laws dealing with the eligibility of members of the Supreme Court to assume duties and obligations, and to claim and receive benefits, as supernumerary justices, 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. 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 justices as of September 18, 1973, are deceased, all such laws shall thereupon be repealed.
Ala. Code § 12-15-313 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-313
Section 12-15-313 Ordering and Preparation of Report Concerning a Child and Family; Ordering, Conduct, and Certification of Findings of Physical or Mental Examination of Child Prior to Hearing on Petition Generally; Examination of Parent, Legal Guardian, or Legal Custodian After Hearing Where Ability to Care for or Supervise Child at Issue
Status: in_force

(a) After a petition alleging dependency has been filed, the juvenile court may direct that a study and report to the juvenile court be made by the Department of Human Resources with recommendations concerning the child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case.

(b) Where there are indications that the child may be physically ill or a child with mental illness or an intellectual disability, on its own motion or motion of a party, may order the child to be examined at a suitable place by a physician, psychiatrist, psychologist, or other qualified examiner under the supervision of a physician, psychiatrist, or psychologist who shall certify the findings of the examiner in writing prior to a hearing on the merits of the petition.
Ala. Code § 12-21-3.1 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-3.1
Section 12-21-3.1 Subpoena of Law Enforcement Officers and Investigative Reports; Disposition of Criminal Matters
Status: in_force

(a) Neither law enforcement investigative reports nor the testimony of a law enforcement officer may be subject to a civil or administrative subpoena except as provided in subsection (c).

(b) Law enforcement investigative reports and related investigative material are not public records. Law enforcement investigative reports, records, field notes, witness statements, and other investigative writings or recordings are privileged communications protected from disclosure.

(c) Under no circumstance may a party to a civil or administrative proceeding discover material which is not authorized discoverable by a defendant in a criminal matter. Noncriminal parties may upon proper motion and order from a court of record: Secure photographs, documents and tangible evidence for examination and copying only by order of a court imposing such conditions and qualifications as may be necessary to protect a chain of custody of evidence; or protect the prosecutors’, law enforcement officers’, or investigators’ work product; or to prevent the loss or destruction of documents, objects, or evidence. Such discovery order may be issued by a court of record upon proof by substantial evidence, that the moving party will suffer undue hardship and that the records, photographs or witnesses are unavailable from other reasonable sources.

(d) Discovery orders prior to the disposition of the criminal matter under investigation are not favored and should be granted only upon showing that the party seeking discovery has substantial need of the materials and is unable, without undue hardship, to obtain the substantial equivalent by other means.

(e) Nothing in this section shall preclude the disclosure of investigative reports, including the testimony of law enforcement officers, to a state administrative agency authorized by law to investigate or conduct administrative contested case hearings in any matter related to the suspension, revocation, or restriction of a professional license or registration for the protection of the public health and safety.

(f) For purposes of this section, a criminal matter is disposed of in any of the following ways:

(1) When the prosecuting authority has presented the matter to a grand jury and a no bill or true bill has been returned.

(2) After a written statement by the chief law enforcement officer of the agency conducting the investigation that the matter under investigation is closed.

(3) When the entity or individual under investigation has been tried and final judgment entered.
Ala. Code § 12-16-216 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-216
Section 12-16-216 Grand Juror, Witness, Etc., Prohibited from Revealing, Disclosing, Etc., Form, Nature, Etc., of Physical Evidence or Questions Asked; No Person to Directly, Indirectly, Etc., by Any Means, Obtain Information as to Physical Evidence or Questions Asked; Exception as to State Prosecutions
Status: in_force

No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any time, directly or indirectly, conditionally or unconditionally, by any means whatever, reveal, disclose or divulge or endeavor to reveal, disclose or divulge or cause to be revealed, disclosed or divulged, any knowledge of the form, nature or content of any physical evidence presented to any grand jury of this state or any knowledge of the form, nature or content of any question propounded to any person within or before any grand jury or any comment made by any person in response thereto or any other evidence, testimony or conversation occurring or taken therein. Nor shall any person at any time directly or indirectly, conditionally or unconditionally, by any means whatever, corruptly or with intent to influence a grand juror or other person authorized by law to attend a grand jury, or by threats of harm to person or property, or by force applied to person or property or by threatening letter or communication, or by offer of reward, remuneration, gift, benefit or thing of value of whatever nature and kind, obtain or endeavor to obtain any knowledge of the form, nature or content of any physical evidence presented to any grand jury of this state, or any knowledge of the form, nature or content of any question propounded to any person within or before any grand jury, or any knowledge of the form, nature or content of any answer or comment made by any person in response thereto, or any other evidence, testimony, or conversation occurring or taken therein.

Provided however, the State of Alabama shall not be precluded from using the testimony of a grand jury witness to impeach that witness’s testimony in the trial of a criminal case, nor shall the State of Alabama be precluded from using grand jury testimony to prosecute a perjury warrant or indictment, nor shall the State of Alabama be precluded from using grand jury testimony in any manner otherwise permitted by law. Further, provided however, that grand jury evidence and testimony may be presented to grand juries of other circuits and jurisdictions upon the issuance of a proper grand jury subpoena.
Ala. Code § 12-13-14 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-14
Section 12-13-14 Chief Clerk of Probate Court - Powers Generally; Authority for Performance of Official Acts of Chief Clerk Generally
Status: in_force

(a) The chief clerk shall have the following powers:

(1) To issue letters testamentary, of administration and of guardianship, where there is no contest.

(2) To administer oaths relating to the business of the court and to take and certify acknowledgments and proof of instruments authorized to be recorded.

(3) To solemnize matrimony, approve bonds and appoint guardians ad litem.

(4) To admit wills to probate and record and to pass and allow accounts of executors, administrators and guardians, where there is no contest.

(5) To do all other acts and things and perform all other duties, ministerial and judicial, where there is no contest, that the probate judge may do and perform.

(b) All of the official acts of such chief clerk must be performed in the name of the probate judge, except when there is a vacancy in that office.
Ala. Code § 12-17-90 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-90
Section 12-17-90 Offices; Vacancies
Status: in_force

The offices of the circuit clerks shall be at the courthouses of their respective counties. Vacancies in such an office shall be filled in accordance with Constitutional Amendment No. 328.
Ala. Code § 12-19-138 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-138
Section 12-19-138 Payment of Nondisbursed Fees to Successors and Furnishing of Statement as to Fees by Court Clerks
Status: in_force

All court clerks in this state, upon the expiration of their several terms of office, shall pay over to their several successors in office all witness fees in their hands and which have been collected by them and which have not been paid into the State Treasury and shall furnish such successor a full and complete statement showing the names of all witnesses for whom said fees were collected, the date of the collection, the amount due each of the witnesses, the court, the style of the case and the date of the final termination of the case in which such fees were collected.

After such payment to their several successors in office or to the State Treasurer, they shall be discharged from further liability in regard to all fees so paid over, either to their successors or to the State Treasurer.
Ala. Code § 12-22-40 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-40
Section 12-22-40 Recording of Order Fixing Supersedeas Bond; Failure to Make or Record Same
Status: in_force

The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register on the minutes of the court, but the failure to make such order or, if made, to file or record the same shall not impair the validity or obligation of any bond which is given as a security by which an appeal and a stay of execution are in fact obtained.
Ala. Code § 12-21-135.1 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-135.1
Section 12-21-135.1 Video Testimony by Certain Witnesses
Status: in_force

(a) This section shall be known as the “Alabama Armed Services Accommodation Act.”

(b) The Legislature finds it to be an important matter of public policy that an accommodation be made for military members who are asked to testify in civil or criminal trials in this state but are unable to attend in person. The purpose of this section is to ease the burdens on military personnel and their families brought on by the duty of appearing as a witness in a trial in this state when summoned. The purpose of this section is also to allow members of the armed services to assist in trials in this state as witnesses without interrupting their military service, while protecting the rights of all parties in civil or criminal litigation. The purpose of this section is also to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious resolution of cases in this state by providing a procedure in which testimony of a person serving in the armed services may be taken without undue hardship.

(c) The Legislature also finds it is a matter of public policy that an accommodation be made for the employees and representatives of the Alabama Department of Forensic Sciences who are asked or required to testify in civil or criminal trials in this state. This section will allow the employees and representatives of the Alabama Department of Forensic Sciences to appear as a witness, while minimizing the amount of time required for the employees and representatives of the Alabama Department of Forensic Sciences to be out of their respective facilities.

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

(1) ACTIVE DUTY. Full-time duty status in the Armed Services of the United States, including members of the reserve and National Guard components on active duty orders pursuant to 10 U.S.C. §§ 331, 332, 333, 12301(d), 12302, 12304, and 12406.

(2) ARMED SERVICES. The federal military forces of the United States including the Army, Navy, Marine Corps, Air Force, Coast Guard, a reserve component thereof, and the National Guard.

(3) FORENSIC SCIENTIST. Any employee or representative of the Alabama Department of Forensic Sciences.

(4) TWO-WAY VIDEO CONFERENCE. A conference among people in different locations by means of transmitted audio and video signals. The term includes use of all communication technologies that allow individuals in two or more locations to interact by two-way video and audio transmissions simultaneously in real time.

(e) Upon motion by either party, a circuit or district court judge may permit a witness to testify in any civil case by a two-way video conference presented in open court, if the moving party establishes all of the following to the satisfaction of the court:

(1) The witness is a member of the armed services currently on active duty status.

(2) The witness currently is not physically present in the State of Alabama.

(3) The witness’s absence from the state is a direct result of official military duty.

(4) The testimony of the witness is given under oath and subject to cross-examination.

(f) Upon consent of all the parties, a circuit or district court judge may permit a witness to testify in any criminal case by a two-way video conference presented in open court if the witness meets all of the requirements provided in subsection (e) for witnesses testifying in a civil case.

(g) Upon motion by either party, and upon consent by both parties, a circuit or district court judge may permit a forensic scientist to testify in any civil or criminal case by a two-way video conference presented in open court if the testimony of the witness is given under oath and subject to cross-examination.

(h) If the trial court authorizes testimony by a two-way video conference, the testimony shall be admissible only if it meets all of the following requirements:

(1) The parties, the court, and the trier of fact are able to see and hear the witness.

(2) The witness is able to see and hear the courtroom proceedings.

(3) Any attorney who is representing a party in any criminal or civil proceeding, or who is representing a victim in a criminal proceeding, is able to see and hear the witness.

(4) All persons present with the witness are identified on the record.

(i) Only the following persons may be present with the witness during his or her video testimony:

(1) The video conference technician.

(2) Any attorney assigned to represent or advise the witness, if provided at the discretion of the military or otherwise obtained by the witness at no cost to the state.

(3) Any person the court determines may be present.

(j) The party seeking to introduce testimony via two-way video conference shall be responsible for coordinating the audiovisual feed into the courtroom and any associated costs. Nothing in this section shall require any court to acquire two-way video conference equipment for these purposes. Any testimony given by two-way video conference under this section shall be recorded in the same manner as any other testimony in the proceeding. The oath may be administered to the witness by two-way video conference.

(k) Any testimony given by two-way video conference under this section must be otherwise admissible under the rules of evidence in the courts of this state.
Ala. Code § 12-16-215 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-215
Section 12-16-215 Grand Juror, Witness, Etc., Prohibited from Revealing, Disclosing, Etc., a Juror’s Questions, Considerations, Etc.; No Person to Directly, Indirectly, Etc., by Any Means Obtain Information as to Juror’s Questions, Considerations, Etc
Status: in_force

No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any time directly or indirectly, conditionally or unconditionally, by any means whatever, reveal, disclose or divulge or attempt or endeavor to reveal, disclose or divulge or cause to be revealed, disclosed or divulged, any knowledge or information pertaining to any grand juror’s questions, considerations, debates, deliberations, opinions or votes on any case, evidence, or other matter taken within or occurring before any grand jury of this state. Nor shall any person at any time, directly or indirectly, conditionally or unconditionally by any means whatever, corruptly or with intent to influence a grand juror or other person authorized by law to attend a grand jury, or by threat of harm to person or property, or by force applied to person or property, or by threatening letter or communication, or by offer of reward, remuneration, gift, benefit or thing of value of whatever nature or kind, obtain or endeavor to obtain, any information pertaining to, or any knowledge of any grand juror’s questions, considerations, debates, deliberations, opinions or votes on any case, evidence or other matter taken or transpiring within or before any grand jury of this state.
Ala. Code § 12-21-7 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-7
Section 12-21-7 Copy of Hospital Records - Certificate of Custodian
Status: in_force

The certificate of the custodian of the hospital records provided for in Sections 12-21-5 and 12-21-6 shall show the name of the parties to the case or proceeding and the name of the court to which made, by appropriate caption, and said certificate shall be in form in substance as follows, to-wit:

I, _____, hereby certify and affirm in writing that I am _____ of the _____ Hospital, a hospital organized or operated pursuant to or under the laws of Alabama, located at _____, Alabama, that I am custodian of the hospital records of said hospital and that the within copy of said hospital records are an exact, full, true and correct copy of said hospital records pertaining to _____.

I further certify that I am familiar with and know, and knew when made and charged, the reasonable value and price for the various charges made and shown in said hospital records pertaining to _________ and that said charges are in my judgment just, reasonable and proper and in keeping with those generally charged in the county and community where said hospital is located.

All of which I hereby certify and affirm on this ______ day of __________, 19__.
Ala. Code § 12-17-265 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-265
Section 12-17-265 Benefit to Surviving Spouse of Supernumerary Magistrate
Status: in_force

In the event of the death of any supernumerary magistrate in whose favor a monthly retirement allowance is accruing, his spouse shall be entitled to a monthly allowance equal to 50 per centum of the retirement allowance the supernumerary magistrate was receiving when he died, as hereinafter specified, for a period of up to 25 years. No spouse shall receive any benefits under this article unless such spouse was married to the deceased supernumerary magistrate at the time of his death and any benefits of a spouse under this article shall terminate in the event the spouse remarries.
Ala. Code § 12-14-3 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-3
Section 12-14-3 Municipal Governing Body to Provide for Number of Judges and Times and Places for Holding Court
Status: in_force

The municipal court shall have the number of judges and shall hold court at times and places provided by the municipal governing body.
Ala. Code § 12-14-113 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-113
Section 12-14-113 Forfeiture of Fees and Costs; Audit
Status: in_force

(a) Any municipal court that fails to submit the data required in this article within 60 days of the due date shall forfeit any fees and costs collected by the court that would otherwise remain with the municipal court or municipality until the data is submitted. Any forfeited fees and costs shall be transferred to the state Comptroller for distribution to the Administrative Office of Courts.

(b) Any municipal court that fails to submit the data required by this article within 60 days of the due date, at the request of the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Attorney General, or the Governor, shall be subject to a financial audit under generally accepted government auditing standards of municipal records related to revenue collected through fines and fees. The audit shall be performed by the Department of Examiners of Public Accounts or by an independent certified public accountant selected by the municipality.

(c) The chief examiner or the independent certified public accountant may recover any costs incurred for the audit by charging a reasonable fee to the municipality.

(d) The municipality may use revenue from fines and fees to pay the costs of compiling and reporting data under this section.
Ala. Code § 12-9-2 — Alabama Code / Title 12 / Chapter 9 / Section 12-9-2
Section 12-9-2 Composition; Appointment of Certain Members; Terms of Office of Members
Status: in_force

(a) Such commission shall be composed of the following members:

(1) Six members of the House of Representatives, one of whom shall be the chairman of the Judicial Committee and the other five of whom shall be appointed by the Speaker of the House from the Judicial Committee of the House of Representatives;

(2) Six members of the state Senate, one of whom shall be the chairman of the Judicial Committee and the other five of whom shall be appointed by the Lieutenant Governor of the state or, in the event there is no Lieutenant Governor, the presiding officer of the Senate, from the Judicial Committee of the Senate;

(3) The members of the Judicial Conference, the membership of which is set forth in Section 12-8-1; and

(4) The Lieutenant Governor, the Speaker of the House of Representatives, the legal advisor to the Governor of Alabama and a member of the staff of the Attorney General appointed by the Attorney General of Alabama.

(b) The Lieutenant Governor and the members from the Legislature shall serve during the term of office to which they were elected as members of the Legislature. The member of the Attorney General’s staff shall serve at the pleasure of the Attorney General. The members of the Judicial Conference shall serve as long as they remain members of such Judicial Conference.
Ala. Code § 12-23-7 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-7
Section 12-23-7 Mandatory Drug Testing at Own Expense for Person Convicted of Alcohol or Drug-Related Offenses and Placed on Probation or Parole; Treatment for Persons Who Fail Test; Indigents Not Required to Pay
Status: in_force

Any person who is convicted of an alcohol or drug-related offense and who is placed on probation or parole shall be required to participate in an alcohol or drug testing program at his own expense, unless he is determined to be indigent. Any such person who fails the alcohol or drug test shall be required to:

(1) Provide information needed to conduct a treatment assessment;

(2) Complete the recommended treatment; and

(3) Pay for the assessment, treatment and alcohol or drug testing unless the court finds he is indigent.

Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay for treatment or monitoring provided by court referral officers.
Ala. Code § 12-19-48 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-48
Section 12-19-48 Security for Costs in Suits by or for Nonresidents in Probate Courts
Status: in_force

The probate judge must take and approve security for costs in all suits within the jurisdiction of his court commenced by or for the use of a nonresident of this state.
Ala. Code § 12-19-153 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-153
Section 12-19-153 Imposition of Court Costs by Municipal Courts; Collection of Municipal Court Costs, Fines, Etc., by Circuit Court Clerks Upon Appeals to Circuit Courts from Municipal Courts
Status: in_force

(a) Municipal courts may impose court costs pursuant to law.

(b) In cases of appeal de novo from a municipal court and conviction of the defendant in the circuit court, the clerk of the circuit court shall collect the municipal court costs, fines and forfeitures in addition to the municipal share of the docket fee in circuit court.
Ala. Code § 12-17-20 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-20
Section 12-17-20 Number of Judges in Each Circuit
Status: in_force

(a) Except as otherwise provided in this section, each judicial circuit of the state shall have one resident circuit judge.

(b) In the following judicial circuits, there shall be the number of resident circuit judges listed below:

(1) There shall be two circuit judges in the first judicial circuit. The judge occupying judgeship No. 1 shall be the presiding judge.

(2) There shall be three circuit judges in the fourth judicial circuit.

(3) There shall be three circuit judges in the fifth judicial circuit.

(4) There shall be seven circuit judges in the sixth judicial circuit.

(5) There shall be five circuit judges in the seventh judicial circuit.

(6) There shall be three circuit judges in the eighth judicial circuit.

(7) There shall be three circuit judges in the ninth judicial circuit.

(8) There shall be 26 circuit judges in the tenth judicial circuit. The judge occupying judgeship No. 23 shall serve the Birmingham domestic relations division, and the judges occupying judgeship Nos. 21, 22, and 24 shall serve the Birmingham civil division. The judge occupying judgeship No. 25 shall serve the Bessemer cut-off division. The judges occupying judgeship Nos. 26 and 27 shall serve in the Criminal Division of Jefferson County, Birmingham Division. Judgeship No. 14 has been reallocated and will not be refilled.

(9) There shall be four circuit judges in the eleventh judicial circuit.

(10) There shall be three circuit judges in the twelfth judicial circuit.

(11) There shall be eleven circuit judges in the thirteenth judicial circuit.

(12) There shall be three circuit judges in the fourteenth judicial circuit.

(13) There shall be nine circuit judges in the fifteenth judicial circuit. At least two judges shall be assigned to the criminal division of said circuit, and one or more judges shall be assigned to the civil division, in the discretion of the presiding judge. The judge occupying judgeship No. 7 shall serve the family court division of said circuit.

(14) There shall be four circuit judges in the sixteenth judicial circuit.

(15) There shall be four circuit judges in the eighteenth judicial circuit.

(16) There shall be five circuit judges in the nineteenth judicial circuit. The judge occupying judgeship No. 1 shall be a resident of Elmore County, the judge occupying judgeship No. 2 shall be a resident of Autauga County, and the judge occupying judgeship No. 3 shall be a resident of Chilton County. A person qualifying as a candidate for election to a judgeship under this subdivision shall be a resident of the county for the judgeship the person seeks for a period of not less than one year prior to the date the person qualifies as a candidate for election to the office and thereafter during his or her tenure in office. The judge occupying judgeship No. 4 may reside in any county within the nineteenth judicial circuit and shall be assigned to the domestic relations division of the circuit. The judge occupying judgeship No. 5 may reside in any county within the nineteenth judicial circuit.

(17) There shall be five circuit judges in the twentieth judicial circuit.

(18) There shall be two circuit judges in the twenty-first judicial circuit.

(19) There shall be two circuit judges in the twenty-second judicial circuit.

(20) There shall be nine circuit judges in the twenty-third judicial circuit.

(21) There shall be two circuit judges in the twenty-fifth judicial circuit.

(22) There shall be two circuit judges in the twenty-sixth judicial circuit.

(23) There shall be three circuit judges in the twenty-seventh judicial circuit.

(24) There shall be seven circuit judges in the twenty-eighth judicial circuit.

(25) There shall be two circuit judges in the twenty-ninth judicial circuit.

(26) There shall be two circuit judges in the thirtieth judicial circuit.

(27) There shall be two circuit judges in the thirty-first judicial circuit.

(28) There shall be two circuit judges in the thirty-second judicial circuit.

(29) There shall be two circuit judges in the thirty-third judicial circuit.

(30) There shall be four circuit judges in the thirty-seventh judicial circuit. The judge occupying judgeship Number 3 shall preside over the family court division.

(31) There shall be two circuit judges in the thirty-eighth judicial circuit.

(32) There shall be two circuit judges in the thirty-ninth judicial circuit.
Ala. Code § 12-17-98 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-98
Section 12-17-98 Deputy Clerk for Bessemer Division of Tenth Judicial Circuit
Status: in_force

At the general election held on the first Tuesday after the first Monday in November, 1982, and every six years thereafter, there shall be elected by the qualified voters of the territory over which the circuit court of the tenth judicial circuit sitting at Bessemer has and exercises jurisdiction a deputy clerk of the circuit court, who shall hold office for six years and until his successor is elected and qualified. He shall, at the time of his election and during his term of office, reside within and be a qualified voter of the territory from which he is elected. Such deputy clerk shall perform the same duties and exercise the same authority under the supervision of the circuit court when being held at said place as if he were the circuit clerk. Before entering upon the duties of his office such deputy clerk shall take and subscribe to the same oath of office, and enter into the same bond as circuit court clerks of the state, and shall be subject to the same liabilities. In addition to the duties and authorities hereinbefore in this section set out, such deputy clerk shall perform for said division of said court the duties of register of said court at said place.
Ala. Code § 12-16-151 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-151
Section 12-16-151 Challenges of Jurors for Cause - Manner of Proof
Status: in_force

Of the causes of challenge specified in Section 12-16-150, the first four may be proved by the oath of the person summoned or by other evidence, the fifth and sixth by other testimony only, the seventh by the oath of the person alone and the others as the court may direct.
Ala. Code § 12-15-120 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-120
Section 12-15-120 Cases Initiated by Filing of Petitions by Juvenile Court Intake Officers
Status: in_force

(a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant to Section 12-15-132 before the juvenile court shall be initiated by the filing of a petition by the juvenile court intake officer who shall receive verified complaints and proceed thereon pursuant to rules of procedure adopted by the Supreme Court of Alabama.

(b) A petition alleging that a child is a delinquent child, dependent child, or a child in need of supervision shall not be filed by a juvenile court intake officer unless the juvenile court intake officer has determined and endorsed upon the petition that the juvenile court has subject matter jurisdiction and venue over the case and that the filing of the petition is in the best interests of the public and the child.
Ala. Code § 12-14-19 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-19
Section 12-14-19 Procedure for Reestablishment of Municipal Courts and Effect Thereof
Status: in_force

(a) Any municipality which shall have abolished its municipal court may thereafter by ordinance reestablish such court in the manner provided in this section.

(b) A copy of the proposed ordinance shall be sent by certified mail to the officers specified in Section 12-14-17 to receive notice of the abolition of municipal courts, together with notice stating the time and place of the meeting at which such ordinance shall be considered for adoption, which shall be not less than 15 days from the date of mailing such notice.

(c) Such ordinance upon its adoption shall specify the effective date of the reestablishment of the municipal court, which in no event shall be sooner than the following stipulated minimums:

(1) In municipalities with a population of 5,000 or less, the ordinance shall not have an effective date of less than 90 days subsequent to the date of adoption;

(2) In municipalities with a population of 5,001 and up to 50,000, the ordinance shall not have an effective date of less than 12 months subsequent to the date of adoption; and

(3) In municipalities with a population of 50,000 or more, the ordinance shall not have an effective date of less than five years subsequent to the date of adoption.

(d) A certified copy of the ordinance reestablishing a municipal court as adopted shall be transmitted forthwith by certified mail to the officers specified in Section 12-14-17 to receive notice of the abolition of municipal courts.

(e) All cases and processes pending upon the effective date of the reestablishment of the municipal court shall be delivered by the clerk of the district court to the clerk of the municipal court. Records of completed cases and inactive process shall be retained in the office of the clerk of the district court.

(f) On the effective date of transfer of pending cases as provided in this section, all proceedings relating to ordinance violations of the municipality reestablishing its municipal court shall be within the jurisdiction of the reestablished municipal court.
Ala. Code § 12-15-107 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-107
Section 12-15-107 Juvenile Probation Officers - Duties of Juvenile Probation Officers Generally; Powers of Juvenile Probation Officers as to Taking into Custody and Placing in Shelter or Detention Care of Children Generally; Procedure Upon Taking into Custody of Child by Juvenile Probation Officer Generally
Status: in_force

(a) For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by the juvenile court, a juvenile probation officer shall perform the following duties:

(1) Make investigations, reports, and recommendations to the juvenile court.

(2) Serve as a juvenile court intake officer when designated by the juvenile court judge.

(3) Supervise and assist a child placed on probation or aftercare by order of the juvenile court or other authority of law until the terms of probation or aftercare expire or are otherwise terminated.

(4) Make appropriate referrals to other private or public departments or agencies of the community if their assistance appears to be needed or desirable.

(5) Make predisposition studies and submit reports and recommendations to the juvenile court as required by this chapter.

(6) Collect and compile statistical data and file reports as may be required by the Administrative Director of Courts pursuant to subdivision (1) of Section 12-5-10. The reports may include, but shall not be limited to, statistical data, case studies, and research materials.

(7) Notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child’s attorney for the juvenile sex offender, of the pending release of the juvenile sex offender and provide them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26.

(8) Perform other functions as are designated by this chapter or directed by the juvenile court.

(b) For the purposes of this chapter, a juvenile probation officer with the approval of the juvenile court, shall have the power to take into custody and place in shelter or detention, subject to Section 12-15-208, a child who is on probation or aftercare under his or her supervision when the juvenile probation officer has reasonable cause to believe that the child has violated the conditions of his or her probation or aftercare, or that he or she may flee from the jurisdiction of the juvenile court. A juvenile probation officer does not have the powers of a law enforcement officer.
Ala. Code § 12-15-316 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-316
Section 12-15-316 Modification, Extension, or Termination of Orders of Custody or Protective Supervision Generally
Status: in_force

An order awarding legal custody or an order of protective supervision made by the juvenile court in the case of a child may be modified, terminated, or extended on motion by any of the following:

(1) A child, whose legal custody has been transferred to a department, institution, agency, or person, requesting the juvenile court for a modification or termination of the order, alleging that the child is no longer dependent or that protective supervision is no longer necessary.

(2) A department, institution, agency, or person vested with legal custody or responsibility for protective supervision, requesting the juvenile court for a modification, an extension, or a termination of the order on the grounds that this action is in the best interests of the child.
Ala. Code § 12-19-152 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-152
Section 12-19-152 Distribution of Fines Collected in Misdemeanor and Felony Cases Generally
Status: in_force

Except as otherwise provided in Chapter 14 of this title, fines collected in misdemeanor and felony cases shall be remitted to the State General Fund; provided, that state funds or percentages thereof designated for use by state agencies or departments shall be distributed as otherwise provided by law.
Ala. Code § 12-14-114 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-114
Section 12-14-114 Use of Information Systems
Status: in_force

(a) By January 1, 2025, all municipal courts shall use one of the following:

(1) The state judicial information system approved for the Unified Judicial System by the Administrative Office of Courts.

(2) A court information system in which the court software provider is properly integrated with the state judicial information system for reporting purposes. The court information system shall conform to adequate technical parameters for reporting case management and financial information data to the Administrative Office of Courts. Data shall be accepted by the Administrative Office of Courts at no cost to a municipality.

(b) Any costs associated with the use of the state judicial information system approved for the Unified Judicial System by the Administrative Office of Courts may be paid from correction fund monies authorized in Section 11-47-7.1.

(c) The Administrative Office of Courts shall provide training and resources to municipal courts, including municipal judges, court clerks, and magistrates, on the use of the state judicial information system approved for the Unified Judicial System.
Ala. Code § 12-22-8 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-8
Section 12-22-8 Applications to Supreme Court or Court of Civil Appeals for Temporary Restraining Orders or Other Equitable Process
Status: in_force

No application shall be made to a justice of the Supreme Court or a judge of the Court of Civil Appeals for a temporary restraining order or other equitable process which may be granted by any other judge or officer unless the same has been made to such other judge or officer and refused by him.
Ala. Code § 12-21-221 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-221
Section 12-21-221 Witness Having Pecuniary Interest in Case
Status: in_force

There shall be no exclusion of a witness in a criminal case because, on conviction of the defendant, he may be entitled to a reward or to a restoration of property or to the whole or any part of the fine or penalty inflicted. The witness may be examined touching such circumstances, but the examination goes to his credibility and not to his competency as a witness.
Ala. Code § 12-15-117 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-117
Section 12-15-117 Retention and Termination of Jurisdiction Generally
Status: in_force

(a) Once a child has been adjudicated dependent, delinquent, or in need of supervision, jurisdiction of the juvenile court shall terminate when the child becomes 21 years of age unless, prior thereto, the judge of the juvenile court terminates its jurisdiction by explicitly stating in a written order that it is terminating jurisdiction over the case involving the child. Nothing in this section is intended to affect the initial and continuing jurisdiction of juvenile courts over cases other than delinquency, dependency, or in need of supervision cases as provided in Sections 12-15-114, 12-15-115, 12-15-116, or any other statute by which jurisdiction was initially lawfully invoked.

(b) The jurisdiction of the juvenile court shall terminate when the child is convicted or adjudicated a youthful offender as provided in Section 12-15-203(i) and Section 12-15-204(b). If a person already under the jurisdiction of the juvenile court is convicted or adjudicated a youthful offender in a criminal court of a crime committed at the age of 18 or older, the conviction or adjudication shall terminate the jurisdiction of the juvenile court.

(c) In any case over which the juvenile court has jurisdiction, the juvenile court shall retain jurisdiction over an individual of any age to enforce or modify any prior orders of the juvenile court unless otherwise provided by law and also shall retain jurisdiction for the enforcement or modification of any prior orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.

(d) For purposes of enforcing any order of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court, the remedies with regard to punishment for contempt, including incarceration in jail of individuals 18 years of age or older, shall be available to the juvenile court.
Ala. Code § 12-21-403 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-403
Section 12-21-403 Service of Subpoena
Status: in_force

A subpoena issued by a clerk of court under Section 12-21-402 must be served in compliance with Rule 45 of the Alabama Rules of Civil Procedure.
Ala. Code § 12-25-36 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-36
Section 12-25-36 Sentencing Under the Voluntary Truth-in-Sentencing Standards
Status: in_force

This section and Sections 12-25-37 and 12-25-38 shall apply only after development and legislative approval of the proposed truth-in-sentencing standards submitted in 2020. When a judge sentences based on the voluntary truth-in-sentencing standards, all of the following rules shall apply:

(1) Sentences imposed based on voluntary truth-in-sentencing standards pursuant to this article shall not be subject to any other provision of law concerning the duration of sentence.

(2) Sentences imposed based on the voluntary truth-in-sentencing standards shall include both a minimum and an extended term of sentence including a period of post-release supervision. The minimum sentence and the extended sentence shall be specified in the judgment of the court for those sentences that are imposed in compliance with the voluntary truth-in-sentencing standards. Sentence dispositions may include active incarceration, intermediate punishment, unsupervised probation, or a minimum punishment as specified in the voluntary truth-in-sentencing standards.

(3) The minimum term of sentence shall be consistent with the sentence range recommended in the voluntary truth-in-sentencing standards for the worksheet score of an offender. No offender sentenced to incarceration may be released from incarceration before the expiration date of the minimum term of sentence.

(4) The extended term of sentence shall be a period of time equal to 120 percent of the minimum term, rounded to the next highest month, plus a one-year period of post-release supervision.

(5) The amount of time an offender shall be incarcerated on the extended term of sentence shall be determined by the Department of Corrections pursuant to rules and regulations established by the Department of Corrections governing an offender’s conduct after conviction and sentence.

(6) No sentence of active incarceration may be suspended.

(7) For any disposition of sentence less than active incarceration as defined in paragraph a. of subdivision (2) of Section 12-25-32, the court shall retain jurisdiction to modify sentence disposition of sentence.
Ala. Code § 12-12-54 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-54
Section 12-12-54 Accounting for Uniform Traffic Tickets and Complaints; Disposition of Forms; Records and Reports
Status: in_force

The judge or judges and the clerk of the district court shall designate personnel to be responsible for accounting for all uniform traffic tickets and complaints issued to law enforcement officers or others in their jurisdiction and for the proper disposition of the forms and shall cause to be prepared records and reports relating to the uniform traffic tickets and complaints in the manner and at the time as may be prescribed by rule of the Supreme Court. In instances in which an electronic traffic ticket or e-ticket, as defined in Section 32-1-4, is used, the judges and the clerks of the district courts shall designate personnel to be responsible for accounting for all e-tickets received and issued by the court in the manner and at the time as may be prescribed by rule of the Supreme Court.
Ala. Code § 12-18-114 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-114
Section 12-18-114 Article Supplemental to Other Related Laws
Status: in_force

The provisions of this article are cumulative and supplemental to other law or laws relating to this subject and shall not be construed to repeal any law or part of law not directly in conflict herewith.
Ala. Code § 12-19-252 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-252
Section 12-19-252 Annual Appropriations; Payment of Share of Cost of Maintaining Public Defender Offices by Counties
Status: in_force

There is hereby appropriated from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay the fees of counsel, court reporters, and such other necessary expenses of indigent defense as are provided by law.

There is also hereby appropriated from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay to the Office of Indigent Defense Services, the salaries, benefits, and other necessary expenses involved in administering the Office of Indigent Defense Services.

In addition thereto, the Legislature shall appropriate annually out of the General Fund in the State Treasury a sum equal to the amount by which the cost of such necessary expenses of indigent defense, as provided by law, exceeds the amount available for such purpose in the Fair Trial Tax Fund.

If the county maintains a public defender, there shall be paid a reasonable share of the cost of maintaining such office, the amount appropriated for such purpose to be prorated to the several counties maintaining public defender’s offices on the basis of the case load of the respective public defender offices.
Ala. Code § 12-16-55 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-55
Section 12-16-55 Declaration of Policy
Status: in_force

It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity, in accordance with this article, to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose.
Ala. Code § 12-20-23 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-23
Section 12-20-23 Preserving Judgment Records of Abolished Inferior Courts of Record
Status: in_force

The records of the judgments of any inferior court of record which heretofore ceased or hereafter ceases to exist is confided to the clerk of the circuit court of the county in which such court held its sessions. Such clerk shall preserve said records as a part of the records of his office, and he must issue any and all necessary processes for putting such judgments into execution.
Ala. Code § 12-13-48 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-48
Section 12-13-48 Payment to Probate Judge of Money Due on Decree Upon Settlement by Executor, Administrator, Etc.; Duty of Judge as to Payment of Money to Person Entitled Thereto and Liability for Failure to Perform Duty
Status: in_force

Money due on decrees for the payment of money rendered against any executor, administrator or guardian on a partial or final settlement may be paid to the probate judge, and it shall be his duty to pay over the same to the person entitled thereto on demand upon proper proof of identity or authority; and, for failure to do so, he shall incur a penalty in favor of the person entitled to the money of 10 percent damages, which, together with the money received and interest thereon, may be recovered by civil action on his bond.
Ala. Code § 12-2-95 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-95
Section 12-2-95 Employment of Additional Help
Status: in_force

The Clerk of the Supreme Court is authorized to appoint and employ such additional help as may be required by him to operate the office of the clerk.
Ala. Code § 12-17-93 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-93
Section 12-17-93 Authority
Status: in_force

Clerks of the circuit court have authority:

(1) To administer oaths and take acknowledgments and affidavits in all cases in which the authority to administer such oath or take such affidavit is not confined to some other officer.

(2) To appoint deputies, with full power to transact all business of such clerks, such deputies first taking an oath to support the Constitution and laws of this state and faithfully to discharge the duties of deputy clerks of the court for which they act.

(3) To receive the amount of any judgment entered in the courts of which they are clerks, either before or after the issue of execution thereon.

(4) To exercise such other powers as are, or may be, conferred by law, including administrative rules of procedure promulgated by order of the Supreme Court of Alabama.
Ala. Code § 12-2-100 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-100
Section 12-2-100 Collection and Disposition of Fees and Costs of Clerk; Quarterly Statement to Department of Finance of Fees Paid into Treasury
Status: in_force

All fees and costs authorized by law and the Alabama Rules of Appellate Procedure to be taxed and collected as cost for or fees of the Clerk of the Supreme Court shall be collected by the Clerk of the Supreme Court and paid to the treasury quarterly as other public funds.

A statement of the fees paid to the treasury shall be rendered to the Department of Finance quarterly.
Ala. Code § 12-17-226.5 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.5
Section 12-17-226.5 Program Requirements; Counsel; Costs
Status: in_force

(a) An offender who enters into a pretrial diversion program established under this division shall be brought before a court of competent jurisdiction and shall satisfy each of the following requirements:

(1) Voluntarily waive, in writing, his or her right to a speedy trial.

(2) Agree, in writing, to the tolling of periods of limitations established by statutes or rules of court while in the program.

(3) If applicable, waive, in writing, his or her right to a jury trial.

(b) Prior to entering into any agreement or seeking entry into a pretrial diversion program created pursuant to this division, an offender must be represented by counsel or waive his or her right to have counsel before a judge of a court of competent jurisdiction. If the offender is indigent, nothing in this division shall prevent the court from appointing counsel to represent an offender.

(c) An offender who enters a pretrial diversion program pursuant to this division shall reasonably be informed of the cost of the administration fee and, as practicable as possible, any other costs that will be required for the offender to pay for participation in the program. Restitution, or portions thereof, may be left open where amounts are difficult to determine or, due to the nature of the harm, may increase or decrease over the period.
Ala. Code § 12-11-9 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-9
Section 12-11-9 Transfer of Cases - Between Circuit Court and District Court
Status: in_force

If a case filed in the circuit court is within the exclusive jurisdiction of a district court or a case filed in the district court is within the exclusive jurisdiction of the circuit court, the circuit clerk or a judge of the court where the case was filed shall transfer the case to the docket of the appropriate court, and the clerk shall make such cost and docket fee adjustments as maybe required and transfer all case records. This section does not apply to cases filed in the circuit court prior to January 16, 1977.
Ala. Code § 12-19-270 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-270
Section 12-19-270 Short Title
Status: in_force

This article may be cited as the Alabama Litigation Accountability Act.
Ala. Code § 12-16-194 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-194
Section 12-16-194 Examination of Fee Book of Probate Judge by District Attorney and Grand Jury
Status: in_force

It shall be the duty of the district attorney and grand jury at every session of the circuit court to examine the fee book of the probate judge and ascertain if illegal fees have been received.
Ala. Code § 12-23A-4 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-4
Section 12-23A-4 Establishment of Accountability Court; Participation
Status: in_force

(a)(1) The presiding judge of each judicial circuit may establish an accountability court to appropriately address the identified substance abuse disorder, mental illness, or other issue of the offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each accountability court may differ and should be based upon the specific needs of and resources available to the judicial circuit where the accountability court is located, but shall be created and operate pursuant to this chapter and in compliance with policies and procedures adopted by AOC.

(2) Nothing in this chapter shall affect the authority of the district attorney to establish a deferred prosecution program or a pretrial diversion program within his or her judicial circuit or affect his or her ability to nolle prosse a particular case.

(b) Participation of an offender in an accountability court shall require the consent of the district attorney and the court and shall be pursuant to a written agreement. An offender may participate in a pre-adjudication, post-adjudication, reentry, probation violation, or combination program.

(c) Upon successful completion of an accountability court, an offender’s case shall be disposed of by the judge in the manner prescribed by the applicable policies and procedures adopted by the accountability court. This may include, but is not limited to, withholding criminal charges, nolle prosse of charges recommended by the district attorney, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration. Records of all dispositions shall be maintained and be available to judges and prosecutors statewide. This subsection does not authorize the disclosure of youthful offender or juvenile records to the general public.

(d) Nothing contained in this chapter shall confer a right, or an expectation of a right, to participate in an accountability court, nor does it obligate the accountability court to accept every offender. Neither the establishment of any accountability court nor anything in this chapter shall be construed as limiting the discretion of the district attorney. Nothing in this chapter shall be construed to prohibit the authority of the district attorney to file a petition to remove the offender from the accountability court for good cause shown. Each accountability court judge may establish rules and may make special orders and rules, as necessary, that do not conflict with this chapter or policies and procedures adopted by AOC.

(e) Any agency charged with supervising an offender under accountability court jurisdiction shall timely forward information to the accountability court concerning the progress and compliance of the offender with any court imposed terms and conditions.
Ala. Code § 12-16-88 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-88
Section 12-16-88 Connivance by Sheriff at Commission by Constable, Deputy, Etc., of Offense Prohibited by Section 12-16-87
Status: in_force

Any sheriff who connives at the commission of the offense prohibited by Section 12-16-87 by any constable, bailiff or deputy sheriff shall, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.
Ala. Code § 12-18-112 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-112
Section 12-18-112 Transfer of Contributions and Creditable Service - District Judge’s Adjusted Benefit Formulas; Spouse’s Benefits
Status: in_force

In the event a member of the Judicial Retirement Fund, who is a district 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 district judge shall be an annual amount equal to the sum of:

a. The amount which results when 90 percent of the retirement benefits payable by the state to circuit judges on the date such district judge retires (as is provided under Section 12-18-58) 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 section under Section 12-18-55, 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 district judge in equal monthly installments but, anything in this section to the contrary notwithstanding, shall not exceed 90 percent of the retirement benefits payable by the state to a circuit judge on the date such district judge retires.

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

a. A percentage of the salary payable by the state for an active district judge at the date such district judge retires multiplied by the member’s number of years of creditable service, excluding transferred credit, in accordance with the following schedule:

Creditable Service Percentage of Salary 1 5 2 10 3 15 4 20 5 30 6 35 7 45 8 55 9 65 10 75 and,

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

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 payable by the state for the position from which the member retired at the time of retirement.

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

a. Five hundred fifty dollars multiplied by the member’s number of years of creditable service as a district judge or as an intermediate court judge excluding transferred service, and not to exceed 10 years; and

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 the maximum survivor benefit allowable under Section 12-18-60.
Ala. Code § 12-17-119 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-119
Section 12-17-119 Records Open to Examination
Status: in_force

The records of the register’s office shall be free for the examination of all persons when not in use by him.
Ala. Code § 12-17-140 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-140
Section 12-17-140 Qualifications for Supernumerary Status Generally; Applicability of Division; Eligibility of Clerk or Register of Circuit Court with 23 Years of Service
Status: in_force

(a) Any clerk or register of the circuit court, serving on October 1, 1976, or clerk elected or appointed in any county of the State of Alabama: (1) Who has served as much as five years as a circuit clerk or register and who has become permanently, physically or mentally unable to carry out the duties of the office on a full-time basis, proof of such disability being made by a certificate of three reputable physicians; (2) Who has served for 12 years as a circuit clerk or register and has reached or passed the age of 65 years; (3) Who has served for 15 years as circuit clerk or register and who is not less than 62 years of age; or who has served as such for more than 15 years and has attained the age of 62, less one year for each year of service in excess of 15; (4) Who has served continuously for 10 years as circuit clerk or register and who is not less than 70 years of age; or (5) Who has served for not less than 18 years or three full terms as a circuit clerk or register; may elect to become a supernumerary clerk of the circuit court or supernumerary register of the circuit court of the county in which said clerk or register has served as such official by filing a written declaration to that effect with the Administrative Director of Courts at least 30 days prior to the time said clerk or register desires to become a supernumerary official. If the Administrative Director of Courts shall find that such applicant is qualified under any of subdivisions (1) through (5) of this section, a commission as supernumerary clerk of the circuit court or register of such court for the county in which he has served shall thereupon be issued to such applicant by the Secretary of State.

The provisions of this division shall apply only to those persons who are 55 years of age or older and who are in office on October 1, 1976, or who may thereafter become eligible under its provisions.

(b) Any circuit clerk who is serving as such clerk on October 1,1976, and who has served for at least 23 years on said date shall be eligible for supernumerary status at any time notwithstanding any provisions of this title, provided he has paid contributions into the supernumerary fund for the maximum number of years required by this division.

(c) Any register of the circuit court who has served for at least 23 years shall be eligible for supernumerary status at any time notwithstanding any provisions of this title, provided he has paid contributions into the supernumerary fund for the maximum number of years required by this division.
Ala. Code § 12-26-3 — Alabama Code / Title 12 / Chapter 26 / Section 12-26-3
Section 12-26-3 Petition for Order of Limited Relief - State Conviction
Status: in_force

(a) An individual who has been convicted in this state of a misdemeanor or felony may file a petition to obtain an order of limited relief in the following venues:

(1) For a conviction imposed by a circuit court, in the circuit civil court in the county that imposed the conviction.

(2) For a conviction imposed by a district or municipal court, in the circuit civil court in the county where the crime occurred.

(b) An individual who has been convicted in multiple judicial circuits in this state may file a petition to obtain an order of limited relief covering each of his or her criminal convictions in the circuit civil court in any county that imposed one of the convictions.

(c) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a) or (b).
Ala. Code § 12-19-190 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-190
Section 12-19-190 Attorney General
Status: in_force

In all criminal cases taken to the Supreme Court or Court of Criminal Appeals if judgment is there entered in favor of the state, the Attorney General is entitled to a fee of $15.00, to be taxed and collected as costs.
Ala. Code § 12-19-175 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-175
Section 12-19-175 Distribution of Docket Fees - Misdemeanor Cases in Circuit Court
Status: in_force

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

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

(2) Sixty-four dollars ($64) to the State General Fund.

(3) Ten dollars ($10) to the county general fund.

(4) Ten dollars ($10) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.

(5) Seven dollars ($7) to the Peace Officers’ Annuity Fund.

(6) Five dollars ($5) to the Peace Officers’ Standards and Training Fund, except that the five dollars ($5) provided herein for the Peace Officers’ Standards and Training Fund shall not be assessed and collected in traffic or conservation cases.

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

(b) The additional five dollars ($5) assessed and collected in misdemeanor cases in circuit court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
Ala. Code § 12-23A-6 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-6
Section 12-23A-6 Conflicts of Interest; Referrals; Treatment Services
Status: in_force

(a) The accountability court, when practicable, shall ensure that no agency provide both assessment and treatment services for an accountability court to avoid potential conflicts of interest or the appearance that a given assessment agency might benefit by determining that an offender is in need of the particular form of treatment that the assessor provides.

(b) An accountability court making a referral for treatment shall refer the offender to a program that: (i) is certified by the Department of Mental Health; (ii) agrees to become certified by the Department of Mental Health within 90 days of service implementation; or (iii) can provide documentation that it is using evidence-based practices.

(c) The court shall determine which treatment programs are authorized to provide the recommended treatment to an offender. The relationship between the treatment program and the accountability court should be governed by a memorandum of understanding, which should include the timely reporting of the progress or lack thereof of the offender to the accountability court.

(d) Appropriate services for mental health treatment should be made available by the Department of Mental Health, where practicable.
Ala. Code § 12-17-162 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-162
Section 12-17-162 District Court Clerk Employees Component of Office of Clerk
Status: in_force

Clerical employees serving the district court in any location shall be a component of the office of the clerk of the circuit court for the county in which they serve. When a separate district clerk’s office is authorized, employees serving in such separate office shall be subject to the supervision and control of the clerk of the district court.
Ala. Code § 12-14-32 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-32
Section 12-14-32 Issuance of Arrest and Search Warrants
Status: in_force

Municipal judges are authorized to issue arrest and search warrants for municipal ordinance violations returnable to the municipal court and for violations of state law returnable to any state court.
Ala. Code § 12-21-224 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-224
Section 12-21-224 Acquitted Codefendant as Witness
Status: in_force

When two or more defendants are jointly indicted, the court may direct a verdict of acquittal to be entered in favor of any one of them against whom there is not, in the opinion of the court, evidence to put him on his defense; and, being acquitted, he may be a witness.
Ala. Code § 12-17-185 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-185
Section 12-17-185 Duty to Attend Court
Status: in_force

(a) It is the duty of every district attorney to attend each session of the court for which he is district attorney and to remain in the discharge of his duties until the business of the state is disposed of. Any district attorney, other than those mentioned in subsection (b) of this section, failing to so attend or absenting himself before the business of the state is disposed of, forfeits to the state the sum of $100.00, for which a conditional judgment must be entered, to be made absolute on notice to such district attorney unless a good excuse is rendered.

(b) If any district attorney who is paid a salary by the state fails or neglects to attend any session of the court for which he is district attorney or, after attending, absents himself before the business of the state is disposed of, he forfeits to the state the sum of $25.00 for every day he is thus absent or fails to attend, to be deducted by the Comptroller from his salary. The absence or failure of such district attorney shall be certified to the Comptroller by the clerk of the court within 10 days after the session, under a penalty of $100.00, to be recovered in the name of the state on two days’ notice.

(c) The deduction provided for in the subsection (b) of this section shall not be made if the district attorney makes and files with the Comptroller, within 10 days after the session from which he is absent, an affidavit that such failure to attend or absence was on account of sickness of himself or family, inevitable accident or of an epidemic or contagious disease or a well-grounded apprehension thereof.
Ala. Code § 12-15-210 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-210
Section 12-15-210 Notification to Children of Right to Counsel; Appointment of Counsel by Juvenile Court
Status: in_force

(a) In delinquency and child in need of supervision cases, a child and his or her parent, legal guardian, or legal custodian shall be advised by the juvenile court or its representative at intake that the child has the right to be represented at all stages of the proceedings by a child’s attorney retained by them or, if they are unable to afford a child’s attorney, by a child’s attorney appointed by the juvenile court.

(b) If a child’s attorney is not retained by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood such may result in a placement in an institution in which the freedom of the child is curtailed, a child’s attorney shall be appointed to defend the child.

(c) In delinquency and child in need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition to the child’s attorney described in this section.

(d) The juvenile court may appoint counsel in any case when it deems such in the interests of justice.
Ala. Code § 12-9A-2.1 — Alabama Code / Title 12 / Chapter 9A / Section 12-9A-2.1
Section 12-9A-2.1 Moratorium on the Reallocation of Judges
Status: in_force

Notwithstanding Section 12-9A-2, or any other law to the contrary, a moratorium on the reallocation of judges by the Judicial Resources Allocation Commission for reallocating any vacant judgeships shall be in effect until January 1, 2027.
Ala. Code § 12-19-131 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-131
Section 12-19-131 Attendance and Mileage Fees Generally; Limitations in Same Case and When Attending More Than One Case
Status: in_force

(a) Witnesses shall be allowed $1.50 per day in civil cases; also, $.05 per mile for each mile to and from their residence by the usual traveled route and all necessary ferriage, tolls of turnpikes and toll bridges, whether attending under subpoena or at the request of the party.

(b) A witness shall charge for his mileage and attendance but on one side of the same case, and a witness attending in more cases than one at the same time shall only be entitled to a fee in one case, to be selected by him while so attending; but if, after the case in which he elects to claim his fees is disposed of, his attendance is required in the other case or cases, he shall for such attendance be entitled to claim his per diem in such other case or, if more than one, in the one which he may elect to claim his fees, and so on, until all the cases in which he is required to attend are disposed of by trial, continuance or otherwise; but no witness shall receive his per diem in more than one case for the same day.
Ala. Code § 12-16-8 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-8
Section 12-16-8 Employees Excused from Employment; Compensation; Postponement of Service
Status: in_force

(a) Upon receiving a summons to report for jury duty, any employee, on the next day he or she is engaged in his or her employment, shall exhibit the summons to his or her immediate superior, and the employee shall thereupon be excused from his or her employment for the day or days required of him or her in serving as a juror in any court created by the constitutions of the United States or of the State of Alabama or the laws of the United States or of the State of Alabama.

(b) An employee may not be required or requested to use annual, vacation, unpaid leave, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this subsection shall be construed to require an employer to provide annual, vacation, or sick leave to employees who otherwise are not entitled to the benefits under policies of the employer.

(c) Notwithstanding the excused absence provided in subsection (a), any full-time employee shall be entitled to his or her usual compensation received from such employment.

(d) It shall be the duty of all persons paying jurors their fee or compensation for services to issue to each juror a statement showing the daily fee or compensation and the total fee or compensation received by the juror.

(e) Notwithstanding subsection (a), a court shall automatically postpone and reschedule the service of a summoned juror who is an employee of an employer with five or fewer full-time employees, or their equivalent, if another employee of that employer also has been summoned to appear during the same period. A postponement pursuant to this section shall not affect an individual’s right to one automatic postponement under Section 12-16-63.1.
Ala. Code § 12-19-178 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-178
Section 12-19-178 Distribution of Docket Fees - Misdemeanor Cases in District Court
Status: in_force

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

(1) Seven dollars ($7) to the Police Officers’ Annuity Fund.

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

(3) Sixty-four dollars ($64) to the State General Fund.

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

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

(6) Ten dollars ($10) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.

(7) Five dollars ($5) to the Peace Officers’ Standards and Training Fund, except that the five dollars ($5) provided herein for the Peace Officers’ Standards and Training Fund shall not be assessed and collected in conservation cases.

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

(b) The additional five dollars ($5) assessed and collected in misdemeanor cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
Ala. Code § 12-18-83 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-83
Section 12-18-83 Election as to Withdrawal from Retirement Fund and Refunding of Contributions or Receipt of Certificate of Time of Service Accumulated Toward Retirement Upon Termination of Service of Judge Prior to Eligibility for Retirement Benefits Under Article; Filing of Certificate as Proof of Time of Service for Retirement Benefits Under Article Upon Reaching of Retirement Age or Death of Judge
Status: in_force

Should the service of a probate judge be terminated prior to the time he is entitled to receive retirement benefits under this article, such probate judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have refunded his contributions to the Judicial Retirement Fund, plus accrued interest thereon, under the same rules and regulations and at the same rate governing the accrual and refund of interest under the Employees’ Retirement System of Alabama; provided, that should such probate 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 any such judge has sufficient time of service for any retirement benefit provided by this article, upon reaching a retirement age or upon his death, such certificate may be filed as proof of time of service with the Chief Justice of the Supreme Court.
Ala. Code § 12-15-201 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-201
Section 12-15-201 Definitions
Status: in_force

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

(1) AVERAGE COST OF DETENTION. The average cost of detention of children as determined from experience in Alabama and as computed by the Department of Youth Services.

(2) CONSENT DECREE. An order, entered after the filing of a delinquency or child in need of supervision petition and before the entry of an adjudication order, suspending the proceedings and placing the child under supervision pursuant to terms and conditions agreed to between the child and his or her parent, legal guardian, or legal custodian and approved by the juvenile court.

(3) NONOFFENDER. A child who is subject to the jurisdiction of the juvenile court for reasons other than the legally prohibited conduct of the child.

(4) STATUS OFFENDER. A status offender is an individual who has been charged with or adjudicated for conduct that would not, pursuant to the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. An adjudicated status offender who violates the terms of his or her probation or aftercare remains a status offender for purposes of subdivision (1) of subsection (a) of Section 12-15-208, unless the child is contemporaneously adjudicated for having committed a delinquent act that is not a status offense. Status offenses include, but are not limited to, the following:

a. Truancy.

b. Violations of municipal ordinances applicable only to children.

c. Runaway.

d. Beyond control.

e. Consumption or possession of tobacco products.

f. Possession and consumption of alcohol, which is a status offense by federal law, even though considered a delinquent act by state law.

g. Driving under the influence pursuant to subsection (b) of Section 32-5A-191, which is a status offense by federal law, even though considered a delinquent act by state law.

(5) VALID COURT ORDER. An order given by a juvenile court judge to a child who was brought before the juvenile court and made subject to the order; and who received, before the issuance of the order, the full due process rights guaranteed to the child by the Constitution of the United States.
Ala. Code § 12-17-225.9 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-225.9
Section 12-17-225.9 Local Legislation to Supersede Division
Status: in_force

Any county which currently has local legislation pertaining to restitution recovery shall supersede this division.
Ala. Code § 12-11A-4 — Alabama Code / Title 12 / Chapter 11A / Section 12-11A-4
Section 12-11A-4 Trial Without Jury; Powers of Private Judge; Immunity; Procedures
Status: in_force

(a) A trial conducted by a private judge shall be conducted without a jury.

(b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to the following:

(1) Court procedure.

(2) Deciding the outcome of the case.

(3) Attendance of witnesses.

(4) Punishment of contempt.

(5) Enforcement of orders.

(6) Administering oaths.

(7) Giving all necessary certificates for the authentication of the records and proceedings.

(c) A person appointed as a private judge pursuant to the terms of this chapter shall have immunity in the same manner and to the same extent as a judge in the State of Alabama.

(d) All proceedings in an action heard by a private judge are of record and must be:

(1) Filed with the clerk of the circuit court in the county of proper venue under the Alabama Rules of Civil Procedure.

(2) Made available to the public in the same manner as circuit court records.

(e) The Alabama Rules of Civil Procedure shall apply for all actions brought before a private judge. The private judge shall maintain jurisdiction over all matters brought before him or her to the same extent as matters before a trial court, including all post-trial proceedings and subsequent proceedings between the same parties arising from the same case. An appeal from an action or a judgment of a private judge may be taken in the same manner as an appeal from the circuit court of the county where the case is filed.
Ala. Code § 12-21-73 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-73
Section 12-21-73 Additional or Alternative Mode of Proof of Certain Official Documents
Status: in_force

As an additional or alternative mode of proof, the following documents may be proved as follows:

(1) Acts of the executive of this state, by the records of the state Department of the State, and of the United States, by the records of the State Department of the United States, certified by the heads of these departments respectively; they may also be proved by public documents printed by order of the Legislature or Congress, or either house thereof;

(2) The proceedings of the Legislature of this state or of Congress, by the journals of those bodies respectively, or either house thereof, or by published statutes or resolutions or by copies certified by the clerk or printed by their order;

(3) The acts of the executive or the proceedings of the Legislature of a sister state, in the same manner;

(4) The acts of the executive or the proceedings of the Legislature of a foreign country, by journals published by their authority or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign or by a recognition thereof in some public act of the executive of the United States;

(5) Acts of a municipal corporation of this state, or of a board or department thereof, by a copy, certified by the legal keeper thereof, or by a printed book published by the authority of such corporation;

(6) Documents of any other class in this state, by the original or by a copy, certified by the legal keeper thereof;

(7) Documents of any other class in a sister state, by the original or by a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of an appellate court, circuit or probate court or mayor of a city of such state that the copy is duly certified by the officer having the legal custody of the original;

(8) Documents of any other class in a foreign country, by the original or by a copy, certified by the legal keeper thereof, with a certificate, under seal, of the country or sovereign that the document is a valid and subsisting document of such country and the copy is duly certified by the officer having the legal custody of the original; and

(9) Documents in the departments of the United States government, by the certificate of the legal custodian thereof.
Ala. Code § 12-19-45 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-45
Section 12-19-45 Maintenance of Record Book of Fees Received by Probate Judges
Status: in_force

The probate judges must keep constantly in their offices, free to public inspection, a book in which must be entered all fees received by virtue of their office, stating for what and from whom received.
Ala. Code § 12-17-261 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-261
Section 12-17-261 Filing of Written Declaration; Issuance of Commission
Status: in_force

Any former magistrate who is qualified to become a supernumerary magistrate under any of the provisions of this article may elect to become a supernumerary magistrate of the district court of the county in which said magistrate served as such official at any time within one year from April 28, 1988, by filing a written declaration to that effect with the Administrative Director of Courts at least 30 days prior to the time said former magistrate desires to become a supernumerary official. If the Administrative Director of Courts shall find that such applicant is qualified under any of the provisions of this article, a commission as supernumerary magistrate of the district court for the county in which he has served shall thereupon be issued to such applicant by the Secretary of State.
Ala. Code § 12-13-54 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-54
Section 12-13-54 Failure to Keep Abstract of Mortgages, Etc
Status: in_force

Any probate judge who fails to keep an abstract of mortgages or other instruments intended to secure the payment of money which are filed in his office for record, as he is required by law to keep, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $500.00.
Ala. Code § 12-18-5 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-5
Section 12-18-5 Applicability of Article to Justices and Judges; Contributions to Retirement Fund; Granting of Credit for Military Service
Status: in_force

(a) Every justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit court of the state holding office on September 18, 1973, shall have the right of election to come under this article. Each justice or judge holding office on September 18, 1973, shall have the right, within three years from September 18, 1973, to file with the clerk of the Supreme Court of Alabama, an instrument in writing electing to come under this article. Each justice or judge of such courts elected or appointed to office after September 18, 1973, shall come under this article as a matter of law. After September 18, 1973, each justice and each judge who has elected to come under this article as provided by this section or who comes under this article by operation of law shall contribute to the Judicial Retirement Fund four and one-half percent of his earnable compensation; provided, that after February 1, 1977, the rate of contribution to be paid by the justices and judges shall be six percent of their salary derived from the State of Alabama, but the increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the justices and judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the justices and judges shall be eight and one-half percent (8.5%) of their salary. The percentages shall be deducted by the state Comptroller from each justice’s or judge’s salary and paid into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the justice or judge from whose salary it was deducted.

(b) Members of the retirement fund who heretofore, during a term for which they had been appointed or elected to a judicial office covered by this article for which prior service credit toward retirement under this article is given, entered the military services of the United States, and judicial officers covered by this article hereafter entering the Armed Forces of the United States who return to service as a justice or judge shall be given full credit for the time of such military service; provided, that a contribution shall be made into the Judicial Retirement Fund in an amount equal to that which would have been contributed had the member remained and served in the judicial office to which he had been duly elected or appointed. Request for the service credit must be made within 90 days after returning to service as the justice or judge or the service credit shall be forfeited forever. When requests for the service credit have been approved by the Board of Control of the Judicial Retirement Fund and the Chief Justice of the Supreme Court, contributions as required shall commence within 60 days and be made in equal payments within the following 12 months. Military service credit granted to a justice or a judge shall include credit for service during World War II, but, in computing any service with the armed forces for credit after World War II, service credit granted shall be limited to service for a period not to exceed five years, provided that the justice or judge was on official leave of absence from his or her judicial position and further provided that the length of service so granted shall not exceed the term of office for which the justice or judge had been appointed or elected prior to his or her entering military service.

(c) The Supreme Court of Alabama may provide that the state shall pick up member contributions to the Judicial Retirement Fund, as required by this section and Section 12-18-52, on behalf of all appellate justices or judges, circuit, and district judges who participate in the Judicial Retirement Fund and that the counties shall pick up member contributions to the Judicial Retirement Fund, as required by Section 12-18-81, on behalf of all probate judges who participate in the Judicial Retirement Fund, by a corresponding reduction in the salary of the member, the picking up to be mandatory for all the judges, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. These contributions shall be paid from the same source of funds which is used in paying earnings to the member. If member contributions are so picked up they shall be treated for all other purposes of state law in the same manner and to the same extent as member contributions made prior to the date picked up.
Ala. Code § 12-2-32 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-32
Section 12-2-32 Employment, Etc., of Court Attendant
Status: in_force

The Chief Justice of the Supreme Court may employ one court attendant, who shall wait upon the Supreme Court and have the care of its courtrooms, library and consultation rooms. His salary shall be fixed under the provisions of the merit system and he shall be paid as other state employees.
Ala. Code § 12-15-212 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-212
Section 12-15-212 Conduct of Delinquency and Child in Need of Supervision Hearings
Status: in_force

(a) If the allegations are denied, the juvenile court shall proceed to hear evidence on the petition. If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material, and relevant evidence, that the child committed the acts by reason of which the child is alleged to be delinquent or in need of supervision, the juvenile court shall record its findings and proceed to determine whether the child is in need of care or rehabilitation. If the juvenile court finds that the allegations in the petition have not been established, the juvenile court shall dismiss the petition and order the child discharged from any detention or temporary care, theretofore ordered in the proceedings.

(b) If the child admits to the allegations contained in the petition, the juvenile court shall record its findings and proceed to determine whether the child is in need of care or rehabilitation.

(c) When the allegations have been proven pursuant to subsections (a) or (b), the juvenile court may proceed immediately to hear evidence as to whether the child is in need of care or rehabilitation and to file its findings thereon. In the absence of evidence to the contrary, a finding that the child has committed an act that constitutes a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation. If the juvenile court finds that the child is not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any detention or other temporary care. If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that the child is in need of care or rehabilitation in the absence of objection showing good cause or at a postponed hearing, the juvenile court may make proper disposition of the case.

(d) In dispositional hearings, all relevant and material evidence helpful in determining the questions presented, including verbal and written reports, may be received by the juvenile court and may be relied upon to the extent of its probative value, even though not competent in a hearing on the petition. 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.

(e) On its own motion or that of a party, the juvenile court may continue the dispositional hearing 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 detention or temporary care for the child, or the release of the child from detention or temporary care during the period of the continuance, subject to those conditions as the juvenile court may impose.
Ala. Code § 12-19-291 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-291
Section 12-19-291 Supreme Court Advanced Technology and Data Exchange Fund
Status: in_force

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

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

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

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

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

(3) Provide equipment for electronically filing cases.

(4) Improve accountability for case filings and dispositions.

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

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

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

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

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

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

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

(f) All monies in the fund shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 and Chapter 19 of Title 41 and only in the amount provided by the Legislature in the general appropriations act or other appropriations act.
Ala. Code § 12-18-151 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-151
Section 12-18-151 Judges’ and Clerks’ Plan Established
Status: in_force

There is hereby created and established the Judges’ and Clerks’ Plan under the Judicial Retirement Fund.
Ala. Code § 12-17-161 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-161
Section 12-17-161 Separate Office of Clerk of District Court May Be Established; Appointment and Removal of Clerk; Abolition of Separate Office; Participation in Supernumerary Fund
Status: in_force

(a) Authority and responsibility for the operation of a separate clerk’s office for the district court of a county may be authorized by the Supreme Court upon the written request of the clerk of the circuit court or the judges of the district court. When the Supreme Court authorizes a separate clerk’s office for the district court of a county, the clerk of the circuit court shall not be the ex officio clerk of the district court and shall have no administrative responsibilities for and supervision over the operation of the office. Whenever a separate district clerk’s office is authorized, the administrative responsibility for and supervision of the records and clerical services of the respective district court is vested in an official who shall be known as the clerk of the district court, who shall perform all duties and responsibilities which, if no clerk for the district court was authorized, would have been performed by the circuit clerk.

(b) The clerk of a district court shall be appointed by the Administrative Director of Courts, with the advice and consent of the presiding judge of the circuit court and a majority of the district court judges of the district concerned. The clerk of a district court may be removed for cause by the Administrative Director of Courts and shall not be subject to the state merit system except for pay purposes.

(c) The separate office of clerk of district court may be abolished by the Supreme Court, and if abolished, the authority and responsibilities shall be assumed by the clerk of the circuit court.

(d) Any district court clerk who desires to be included under the supernumerary provisions for circuit clerks and registers in lieu of participation in the Employees’ Retirement System shall file a declaration to that effect with the Administrative Director of Courts during the month of August in the years 1993 to 1995, inclusive. Upon receipt of an election by any district court clerk to participate in the supernumerary fund for clerks and registers, the Administrative Director of Courts shall immediately notify the Secretary-Treasurer of the Retirement Systems of Alabama of the election. Upon receipt of the election, the retirement systems shall transfer, on or before the September 30 after the election, all of the employee contributions plus any other amounts, including, but not limited to, any interest on the account that the employee would be entitled to receive upon withdrawal from the retirement system, to the Clerks’ and Registers’ Supernumerary Fund provided in Section 12-17-143, so that the employee may begin participating in the fund on the ensuing first of October.

Upon the transfer of the funds, any district court clerk electing to participate in the supernumerary fund shall receive credit in the fund for all prior service that he or she had been given credit for under the Employees’ Retirement System.

Thereafter, any district court clerk who elects to come under the supernumerary fund for clerks and registers shall make contributions to the Clerks’ and Registers’ Supernumerary Fund as provided in Section 12-17-143.

Any person who has served as clerk of the district court prior to October 1, 1993, and has elected to participate in the Clerks’ and Registers’ Supernumerary Fund as provided in this section, may elect to become a supernumerary clerk of the district court of the county in which the clerk served, in the same manner provided in Section 12-17-140, if the clerk meets the requisite qualifications. It is the intent of this subsection that the provisions in the Clerks’ and Registers’ Supernumerary Fund laws that refer to circuit clerks shall be construed to also refer to district court clerks for purposes of the supernumerary fund; however, a supernumerary district court clerk’s salary shall be set at 75 percent of his or her salary as a district court clerk at the time such eligibility is achieved.
Ala. Code § 12-3-20 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-20
Section 12-3-20 Appointment, Compensation, Duties, Etc., of Clerk, Assistant Clerk, Executions Clerk and Secretaries of Court of Criminal Appeals
Status: in_force

The judges of the Court of Criminal Appeals are hereby authorized to appoint and employ a clerk, an assistant clerk, an executions clerk and five secretaries. Such clerk shall serve as confidential assistant and such assistant clerk, executions clerk and secretaries shall serve as confidential secretaries in the same manner and to the same extent as other confidential assistants and confidential secretaries employed in the state service, shall perform such duties as may be required by the judges of the court and shall be subject to the Merit System Act only as to the pay plan.

The salary of the clerk shall be fixed under the provisions of the merit system in the same pay range as that of attorneys in the highest classification of attorneys in the classified service, and the salary of the assistant clerk shall be fixed under the provisions of the merit system in the same pay range as that of attorneys in the next-to-highest classification of attorneys in the classified service, and these salaries shall be payable as the salaries of other state officers and employees are paid.
Ala. Code § 12-16-170 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-170
Section 12-16-170 Petit Jurors
Status: in_force

The following oath shall be administered by the clerk, in the presence of the court, to each of the petit jurors: “You do solemnly swear (or affirm, as the case may be) that you will well and truly try all issues which maybe submitted to you during the present session (or week, as the case may be), and true verdicts render according to the evidence - so help you God”; and the same oath must be administered to the talesman, substituting the word “day” for “session.”
Ala. Code § 12-3-3 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-3
Section 12-3-3 Election and Term of Judges of Court of Civil Appeals
Status: in_force

(a) The offices of the judges of the Court of Civil Appeals that were filled at the general election in 1972 for terms of two, four and six years pursuant to Act No. 987 of the 1969 Regular Session of the Legislature shall, at the general election immediately preceding the expiration of said respective terms, be filled by election from the state at large for terms of six years, and shall likewise be filled by election from the state at large each six years thereafter, or as the end of the term of each such office may thereafter occur pursuant to the Constitution.

(b) In the event the number of judges on the court is increased to more than three, unless otherwise provided by the act increasing the number of judges, the Governor shall make appointments of the additional judges so that, as nearly as may be, one third of the members of such court shall be elected each second year.
Ala. Code § 12-17-330 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-330
Section 12-17-330 Appointment; Rehearing; Ratification of Findings and Recommendations
Status: in_force

(a) 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 circuit court judge and upon consideration of funding and the number of child support cases in the domestic relations division of the circuit court, including cases brought pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts approves the request, the presiding judge of the circuit 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) The presiding judge of the circuit court may direct that the referee hear child support cases in the domestic relations division of the circuit court brought pursuant to Title IV-D of the Social Security Act unless any of the following occurs:

(1) The referee has agreed to hear certain 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 (17) of Section 12-15-301.

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

(c) Referees shall perform one or more of the following duties in child support cases in the domestic relations division of the circuit court brought pursuant to Title IV-D of the Social Security Act:

(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 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 circuit court to which the referee is assigned without the necessity of obtaining a signature of a judge.

(d) Before conducting a hearing in a child support case in the domestic relations division of the circuit court brought pursuant to Title IV-D of the Social Security Act, 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) The referee shall make written findings and recommendations as follows:

(1) After conducting a hearing in a child support case in the domestic relations division of the circuit court brought pursuant to Title IV-D of the Social Security Act, 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 circuit court for filing and to the circuit court judge presiding over the case 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 circuit clerk.

(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 circuit clerk for filing and to the circuit court judge presiding over the case 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 circuit clerk.

(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 circuit court orders otherwise.

(f) A rehearing before a circuit court judge 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 circuit 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) The findings and recommendations of the referee shall become the order of the circuit court when ratified by the original signature of the circuit court judge presiding over the case.

(h) 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 a circuit court judge, 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 the circuit court judge presiding over the case within 72 hours after being made. Upon such review, the judge shall rescind, modify, or continue the order in effect and conduct further proceedings as may be permitted under subsection (f).
Ala. Code § 12-17-214 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-214
Section 12-17-214 Issuance of Commission; Filling of Vacancies in Office of District Attorney
Status: in_force

If the Governor shall find that any such declarant is qualified as set forth in this article, a commission as supernumerary district attorney for the State of Alabama shall thereupon be issued to such declarant by the Governor. The office of district attorney made vacant by the election of any such declarant shall be filled by appointment of the Governor as provided by law.
Ala. Code § 12-1-42 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-42
Section 12-1-42 Reassignment of Cases by Presiding Circuit Judge
Status: in_force

The presiding circuit judge of each circuit, in his or her discretion and the best interests of justice, may reassign a case to any other circuit or district judge in the circuit without regard to division or specialty.
Ala. Code § 12-16-63 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-63
Section 12-16-63 Excusing Prospective Jurors from Service
Status: in_force

(a) Upon the request of a prospective juror pursuant to this section, the court shall determine, on the basis of information provided during an interview with the prospective juror or based on other competent evidence, whether the prospective juror should be excused from jury service.

(b) An individual who is not disqualified for jury service may apply to be excused from jury service by the court only upon a showing of one of the following:

(1) That serving on a jury would result in undue or extreme physical or financial hardship.

(2) The prospective juror has a mental or physical condition that incapacitates him or her.

(3) The prospective juror is a nursing mother at the time she receives a summons.

(4) The prospective juror should be excused for reasons of public necessity.

(c)(1) An individual asking to be excused based on undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty. Upon the request of the court, the individual seeking to be excused must provide documentation of the hardship.

(2) For purposes of this section, undue or extreme physical or financial hardship is limited to any of the following circumstances in which an individual would:

a. Be required to abandon an individual under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury.

b. Incur costs that would have a substantial adverse impact on the payment of the individual’s necessary daily living expenses or on those for whom he or she provides the principal means of support.

c. Suffer physical hardship that would result in illness or disease.

(3) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment.

(d) An individual asking to be excused under subdivision (b)(3) shall provide to the court: (i) a written statement that she is a nursing mother; and (ii) a certificate of birth or other government document or medical record certifying the birth of the child she is nursing.

(e)(1) A prospective juror excused pursuant to this section shall be exempt from jury service for a period of 24 months.

(2) At the conclusion of the 24-month period, the individual may be directed to reappear for jury service at the court’s direction.

(f) The excusal of an individual from jury service pursuant to this section may not affect his or her right to one automatic postponement under Section 12-16-63.1.
Ala. Code § 12-17-184.1 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-184.1
Section 12-17-184.1 Legislative Findings as to Legal Advice of Prosecuting Attorneys
Status: in_force

The Legislature finds and declares the following:

(1) Upon request by law enforcement, prosecuting attorneys throughout the state should be able to provide advice to law enforcement officers on any matter of criminal procedure, civil procedure, criminal charges, criminal investigations, or other matters of law within the prosecuting attorney’s scope of authority.

(2) A free and unfettered discussion of factual and legal issues between prosecuting attorneys and law enforcement officers, as part of the investigation and charging process, is essential to the fair and just application of the criminal laws of this state.

(3) The Legislature encourages free and unfettered discussions between prosecuting attorneys and law enforcement as a part of the investigatory and charging process.

(4) A prosecuting attorney providing legal advice, as part of the investigatory and charging process, to law enforcement officers on any matter related to the application of any statute or rule is a vital prosecutorial function and an inherent part of the prosecution of any criminal or civil law or rule within the prosecuting attorney’s scope of authority.
Ala. Code § 12-22-246 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-246
Section 12-22-246 Proceedings When Undertaking Forfeited
Status: in_force

When any undertaking of bail under the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant to surrender himself to the sheriff or to appear and answer the charge, according to the terms and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture of other undertakings of bail in the circuit court.
Ala. Code § 12-3-32 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-32
Section 12-3-32 Attorney General to Attend Criminal Cases and Civil Suits in Courts in Which State a Party
Status: in_force

The Attorney General in person or by assistant must attend on the part of the state to all criminal cases and all civil actions in which the state is a party in said courts of appeals.
Ala. Code § 12-18-58.1 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-58.1
Section 12-18-58.1 Applicability of Sections 12-18-55 and 12-18-58
Status: in_force

The provisions of Sections 12-18-55 and 12-18-58 shall only apply to those district judges retiring on or after October 1, 1986. Any district judge who retired prior to October 1, 1986, shall be entitled to the benefits provided by law on the date of retirement, and shall also be entitled to receive cost-of-living increases received by retired state employees as may be provided by the Legislature after April 7, 1988.
Ala. Code § 12-21-246 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-246
Section 12-21-246 Subpoena of Witnesses - Execution
Status: in_force

(a) In criminal cases, at the request of the state, or the defendant or the defendant’s attorney, the clerk of the court must issue subpoenas for witnesses whose address shall be given by the person requesting the subpoena, specifying therein the time and place for their appearance, the title of the case and at whose instance the witness is summoned, and commanding the witness to appear in conformity therewith and give testimony.

(b) No subpoena shall issue for a witness residing more than 100 miles from the place of trial, computed by the route usually traveled, unless the person requesting the subpoena makes affidavit that the personal attendance of the witness is necessary to a proper decision of the case and that the deposition of the witness would be insufficient for that purpose, and the fact that such affidavit has been made must be endorsed by the clerk upon the subpoena.

(c) A subpoena issued under this section shall be directed “To any sheriff of the State of Alabama” and, unless the person requesting the subpoena directs that it be personally served as provided in subdivision (1) of this subsection, at the election of the sheriff, the subpoena shall be served by either of the following methods:

(1) By serving the subpoena personally on the witness or by leaving a copy at the place of residence of the witness; or

(2) In cases or proceedings involving misdemeanors, if any such subpoena is requested more than 10 days before the date the witness is required to appear, the subpoena may be served by placing a copy of such in the United States mail, first class, postage prepaid, addressed to the witness at the address given by the person requesting the subpoena. The envelope in which such subpoena is mailed shall indicate the return address of the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated address it shall be returned to the sheriff. If the mailed subpoena is returned to the sheriff more than three days before the date the witness is required to appear, the sheriff may serve the subpoena in the manner provided in subdivision (1) of this subsection. Any witness whose mailed subpoena shall be returned to the sheriff three days or less before the date the witness is required to appear shall be reported by the sheriff “Not Found.” If the subpoena is served by mail, the date of service shall be the date upon which the sheriff deposits such in the United States mail.

(d) The sheriff shall make return by endorsing on the subpoena the date and manner of service and such return shall be prima facie proof of service.

(e) A witness may acknowledge service of a subpoena by endorsing acceptance thereof on the subpoena, in writing, in which event service by the sheriff shall not be required.

(f) All subpoenas issued while the court is in session commanding the appearance of a witness in a case or proceeding then being heard or to be heard during the term of the court then in session shall be served in the manner provided in subdivision (1) of subsection (c) of this section, unless, on the motion of either party or upon the court’s own motion, service by mail under subdivision (2) of subsection (c) of this section shall be directed by the court.
Ala. Code § 12-17-60 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-60
Section 12-17-60 Boundaries of Districts for Election of Judges
Status: in_force

District court boundaries, for the purpose of election of district court judges, shall be coterminous with county boundaries unless otherwise provided in Section 12-17-61; provided, that the geographic area for the purpose of election of district court judges shall not alter or modify venue for actions in the district court as otherwise provided by law.