Ala. Code § 12-21-264 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-264
Section 12-21-264 Taking of Deposition or Videotaped Deposition When Victim or Witness Unavailable Because of Exceptional Circumstances
Status: in_force

(a) In any criminal prosecution, the court may, upon motion of the district attorney, the defense, or the court, for good cause shown and after notice to the parties, order the taking of a deposition or a videotaped deposition of a victim or a witness when the victim or witness is or may be unavailable for trial for medical reasons or other exceptional circumstances. On any motion for a deposition or a videotaped deposition of the victim or witness, the court shall consider the age of the victim or witness, the potential unavailability of the victim or witness for trial, the nature of the offense, the nature of testimony that may be expected, and the possible effect that testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule. During the taking of a deposition or a videotaped deposition, an attorney of the victim or witness may be present at the deposition if the victim or witness requests the presence of an attorney. If the court orders that a deposition of the victim or witness shall be taken as provided in this section, the party requesting the deposition shall make all necessary arrangements to have the deposition transcribed or videotaped, or both. Either party may request that the deposition be videotaped and the court may so order.

(b) The deposition shall be taken before the judge in the court’s chambers or at another suitable location as the court may direct and shall be conducted in the presence of the district attorney or assistant district attorney, the defendant and his or her attorney, and any other persons as the court in its discretion may permit, taking into consideration the welfare and well-being of the victim or witness. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce the defendant at the examination and keep the defendant in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause the defendant’s removal from the place of the taking of the deposition, the defendant persists in conduct which is such as to justify exclusion from that place. A defendant not in custody shall have the right to be present at the examination subject to any terms as may be fixed by the court, but a failure, absent good cause shown, to appear after notice shall constitute a waiver of that right and of any objection to the taking and use of the deposition based on that right. The state shall make available to the defendant or the defendant’s counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in possession of the state and to which the defendant would be entitled at the trial. In no event shall a deposition be taken of a defendant without the defendant’s consent. The court may also order any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place of the taking of the witness’s deposition. The examination and cross examination of the victim or witness shall proceed at the taking of the deposition or videotaped deposition as though the victim or witness was testifying personally in the trial of the case. The moving party shall provide the attorney for the other party with reasonable access and means to view and hear the deposition or videotaped deposition at a suitable and reasonable time prior to the trial of the case and with a copy of the deposition. Objections to the introduction into the record of the deposition shall be heard by the judge who presides at the trial of the case in which the introduction of the deposition or videotaped deposition is sought, and unless the court determines that its introduction in lieu of the victim’s or witness’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the deposition or videotaped deposition shall be entered into the record by the moving party in lieu of the direct testimony of the victim or witness and shall be viewed by, heard by, or read to, the trier of fact at the trial of the case.

(c) For the purposes of this section, “videotaped deposition” means the visual recording on a magnetic tape, together with the associated sound of a witness testifying under oath to be entered in the record in a judicial proceeding. The term “deposition” as used in this section means a transcribed deposition which may include an audiotape of the deposition or a videotaped deposition.

(d) The Supreme Court may adopt rules of procedure regarding the taking and use of depositions or videotaped depositions in criminal proceedings as provided by this section, as well as for the transcribing of the deposition in the event the case is appealed.

(e) All costs associated with the taking of a deposition or the videotaping of a deposition ordered pursuant to this section shall be paid by the moving party.

(f) A deposition or videotaped deposition ordered pursuant to this section may be subject to a protective order of the court for the purpose of protecting the privacy of the victim of the offense or a witness until presented as evidence at trial.
Ala. Code § 12-19-95 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-95
Section 12-19-95 Collection, Etc., of Commissions on Costs on Executions by Coroners or Constables Generally
Status: in_force

No coroner or constable shall collect or reserve commissions on costs taxed in an execution put in his hands. The commissions allowed by law shall be collected or received only on the principal, damages and interest of the execution.
Ala. Code § 12-17-61 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-61
Section 12-17-61 Number of Judges in Each District; Manner of Election of Judges Generally
Status: in_force

Each county shall constitute a district and shall have one resident district judge, except that:

(1) Lee, Etowah, Russell, Talladega, Tuscaloosa, Walker, Houston, Dale, Marshall, Cullman, Chambers, Elmore, Limestone, St. Clair, and DeKalb Counties shall each have two resident district judges.

(2) Montgomery, Morgan, Calhoun, Baldwin, and Shelby Counties shall have three resident district judges.

(3) Madison County shall have five resident district judges.

(4) Mobile County shall have six resident district judges.

(5) Jefferson County shall have 12 resident district judges, who shall be nominated and elected in the manner provided by law for the nomination and election of circuit judges in the county. Three of such district judges shall serve in the Bessemer division and nine shall serve in the Birmingham division. The district judgeship created by Act 96-751 shall be assigned to the Family Court Division of Jefferson County, Birmingham Division.
Ala. Code § 12-16-218 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-218
Section 12-16-218 Damage to Participant’s Property or Person Prohibited
Status: in_force

No person shall injure or endeavor to injure the property or person of any grand juror, witness, prosecutor, judicial officer, or grand jury reporter as a result of their participation in, appearance, or testimony before any duly empaneled grand jury.
Ala. Code § 12-1-18 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-18
Section 12-1-18 Reimbursement of Travel Expenses of Circuit Judges, District Court Judges, Municipal Judges, Court-Supportive Personnel, Etc.; Effect of Failure to Attend Educational Conference, Seminar, Etc., When Attendance Ordered
Status: in_force

(a) Notwithstanding any other provision of law relating to reimbursement of traveling expenses of public officers and employees, all circuit judges, district court judges and court-supportive personnel, including, but not limited to, referees, clerks, registers, official court reporters, special roving court reporters, special court reporters, bailiffs, magistrates of district courts and employees of clerks’ offices and registers’ offices, shall be entitled to be reimbursed their necessary and reasonable expenses of travel, including, but not limited to, transportation costs, meals, lodging, registration fees, tuition fees and membership fees, whenever traveling on official business from the town or city of their office to other locations, regardless of whether said location is located within or outside their circuits or districts or whenever ordered by the Chief Justice to attend a conference, seminar, college, institute or other educational meeting.

(b) Whenever attendance at such an educational conference, seminar, college, institute or other educational meeting is ordered, nonattendance may be considered a neglect of an official duty, unless excused in advance by the Administrative Director of Courts, the Court Administrator or Chief Justice.

(c) Whenever any municipal, probate or trial court judge, including any retired or supernumerary municipal, probate or trial court judge, is assigned by the Chief Justice for temporary service in any court or when requested to attend any conference, seminar, college, institute or other educational meeting by the Administrative Director of Courts, such director is authorized to pay the actual and reasonable expenses of travel of such judge, including, but not limited to, transportation costs, lodging, meals, registration fees, tuition fees and membership fees.

(d) Such judges, officials and employees shall submit their claims for reimbursement of travel expenses to the Administrative Office of Courts on forms and in such manner as may be prescribed by the Administrative Director of Courts.
Ala. Code § 12-22-192 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-192
Section 12-22-192 Petition for Appeal Under Division; Contents Thereof
Status: in_force

In such criminal cases where the defendant has been adjudicated guilty by the trial court he may, if no motion for a new trial is filed within 10 days after the last day on which a motion for a new trial could have been filed or within 10 days after the ruling of the trial court upon a motion for a new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial judge of the court wherein such defendant was adjudicated guilty and sentenced a petition in writing, sworn to and subscribed by said defendant, stating that the defendant desires to take an appeal under the provisions of this division. Such petition must identify the style of the case, the offense for which the defendant was convicted, the plea made by the defendant, the date of the adjudication of guilt, the sentence and the punishment therefor and the name of the court imposing such punishment, together with the name of the trial judge. Such petition shall also contain the full name of the defendant, together with a statement that he desires to appeal either from the judgment of conviction or from the adverse ruling on the motion for a new trial, or both. Such petition must contain an averment that the defendant is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial of said case, or the fees of the clerk for preparing the record on appeal. In such other cases, including habeas corpus and coram nobis, which are related or collateral proceedings to a conviction of a criminal offense and which proceedings involve the life, liberty or property of a person convicted of a crime, the person convicted may, within 10 days after a judgment or order disposing of the proceedings adversely to said person, file with the clerk or the trial judge of the court making said order a similar petition describing and identifying the proceeding and stating the desire of the petitioner to appeal under the provisions of this division.
Ala. Code § 12-13-46 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-46
Section 12-13-46 Authorization by County Commission of Rebinding or Recopying of Books in Office of Probate Judge; Manner of Recopying or Rebinding and Compensation of Probate Judge Therefor
Status: in_force

The probate judge, deeming it necessary to recopy or rebind any books in his office, including maps or plats, in order to secure their contents from damage or loss must submit the same to the examination of the county commission, which, if it deem such rebinding or recopying necessary, must, upon its minutes, order the same to be made, and the probate judge must make the same in good and substantial books or binding and the county commission must allow him a reasonable compensation therefor.
Ala. Code § 12-17-225.8 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-225.8
Section 12-17-225.8 Provisions of Division Are Supplemental
Status: in_force

The provisions of this division are supplemental to any procedures for the enforcement and collection of any court-ordered sums or forfeitures. The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict with this division.
Ala. Code § 12-17-3 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-3
Section 12-17-3 Reimbursement of Employees for Expenses Incurred at Locations Other Than Principal Court Site
Status: in_force

Court employees, including, but not limited to, active and supernumerary court reporters, clerks, registers and persons employed in those offices, shall be reimbursed by the state in the same manner as state employees generally for their expenses incurred in the performance of official duties at locations other than their principal court site.
Ala. Code § 12-12-71 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-71
Section 12-12-71 When Appeals Taken to Circuit Courts; Nature of Proceedings and Right to Jury Trial Upon Appeals to Circuit Courts
Status: in_force

Except as provided in Section 12-12-72 and in subsection (e) of Section 12-15-120, all appeals from final judgments of the district court shall be to the circuit court for trial de novo.

An appellant shall not be entitled to a jury trial in circuit court unless it is demanded in the notice of appeal, and an appellee shall have no right to a jury trial unless written demand is filed in circuit court within 14 days of service upon him of notice of appeal.
Ala. Code § 12-22-243 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-243
Section 12-22-243 Affirmation of Judgment in Capital Cases
Status: in_force

Upon affirmation of a judgment carrying the death penalty, the Court of Criminal Appeals must direct the sentence to be executed and, if the day appointed for the execution of the sentence has passed, must specify a day for the execution of the sentence, and the judgment and sentence must be executed accordingly.
Ala. Code § 12-1-10 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-10
Section 12-1-10 Punishment by Courts for Contempt
Status: in_force

The courts of this state may punish for contempt as provided by law.
Ala. Code § 12-5-5 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-5
Section 12-5-5 Applicability of Provisions of State Merit System to Officers, Employees, Etc., of Department
Status: in_force

The officers, officials and employees of the Department of Court Management, other than the court administrator and the assistant court administrator, shall automatically come under the provisions of the personnel merit system after serving a continuous period of six months with the Department of Court Management; provided, that they are not receiving their compensation in whole or in part from grant funds. Thereafter, the officers, officials and employees of the Department of Court Management, other than the court administrator and the assistant court administrator, shall be governed by personnel merit system laws, rules and regulations the same as other employees in the state service, as administered by the state personnel department, but nothing in this section shall be construed to prevent or preclude the removal of an officer, official or employee for cause in the manner provided by law; and such officers, officials and employees, except for appointment and nonmerit system service, shall be subject fully to the provisions of the State Merit System Act and rules and regulations of the State Personnel Board.
Ala. Code § 12-9-1 — Alabama Code / Title 12 / Chapter 9 / Section 12-9-1
Section 12-9-1 Creation; Duties Generally
Status: in_force

A permanent study commission on Alabama’s judicial system is hereby created. This commission shall continuously study the judicial system of the state, the courts of the state, the administration of justice in Alabama, criminal rehabilitation, criminal punishment methods and procedures and all matters relating directly or indirectly to the administration of justice in Alabama and make recommendations pertaining thereto.
Ala. Code § 12-15-114.1 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-114.1
Section 12-15-114.1 Concurrent Jurisdiction for Criminal Offenses Committed by Children on Military Installations
Status: in_force

(a) Notwithstanding any other provision of law, the state shall exercise concurrent jurisdiction with the United States over a military installation of the United States Department of Defense located within this state in a matter relating to a violation of federal law by a child within the boundaries of that military installation, if both of the following criteria are met:

(1) The United States Attorney or the United States District Court for the applicable district in this state waives exclusive jurisdiction.

(2) The violation of federal law is also a crime under state law.

(b) When concurrent jurisdiction has been established pursuant to subsection (a), the juvenile court shall have exclusive original jurisdiction over any case involving a child who is alleged to be delinquent as the result of an act committed within the boundaries of a military installation which is a crime under state law.
Ala. Code § 12-16-213 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-213
Section 12-16-213 Refusal of Witness to Testify Before Grand Jury as to Gaming or Lottery
Status: in_force

Any person who is summoned as a witness before the grand jury to answer as to any gaming or lottery within his knowledge and who fails or refuses to attend and testify in obedience to such summons without a good excuse, to be determined by the court, is guilty of a contempt and also a misdemeanor and, on conviction for such misdemeanor, shall be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than three months.
Ala. Code § 12-17-187 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-187
Section 12-17-187 Failure to Collect Amounts Due to County from Public Officers
Status: reserved

Repealed by Acts 1977, No. 607, p. 812, § 9901, as amended, effective January 1, 1980.
Ala. Code § 12-16-219 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-219
Section 12-16-219 Oath of Secrecy; Effect of Refusal
Status: in_force

Any prosecutor, grand jury foreman, or circuit court may require all persons testifying in or before a grand jury to submit to an oath or affirmation of secrecy. The failure of any witness to be so sworn shall not relieve such witness of any criminal liability imposed by this division.
Ala. Code § 12-17-263 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-263
Section 12-17-263 Notice to Administrative Director of Courts of Intention to Become Supernumerary Magistrate; Payment of Percentage of Salary Earned as Judge or Magistrate; Oath of Office; Appointment of Supernumerary Magistrate to Fill Vacancy
Status: in_force

A former magistrate electing to come under the provisions of this article shall notify the Administrative Director of Courts in writing of his intention to become a supernumerary magistrate. He must also pay to the State General Fund an amount equal to six percent of the salary earned each year in his capacity as magistrate or as a judge of an inferior court. Upon receipt of a former magistrate’s application for a supernumerary appointment, the Administrative Director of Courts shall notify said applicant within 60 days of the receipt of said application and of the amount of the contribution due to be paid to the State General Fund. Such supernumerary magistrates of the district courts in the various counties of the State of Alabama shall take the oath of office prescribed for magistrates and if a vacancy shall occur in the office of magistrate in the county in which said supernumerary magistrate holds a commission, the Chief Justice of the Supreme Court may immediately appoint such supernumerary magistrate to fill said vacancy and such supernumerary magistrate so appointed shall immediately assume and exercise all of the duties, powers and authority of such official in said county, without further compensation, until a permanent successor is appointed or is otherwise selected.
Ala. Code § 12-16-43 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-43
Section 12-16-43 Qualifications of Persons to Be Placed on Jury Roll and in Jury Box Generally; Service on Juries by Persons Over Age 65
Status: reserved

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
Ala. Code § 12-19-170 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-170
Section 12-19-170 Docket Fees to Be Uniform for Criminal Cases; Exception for Conservation Cases
Status: in_force

Docket fees for criminal cases shall be uniform by court level and type of case; except, that in all conservation cases the docket fee shall be increased to include an arrest and bond fee of $7.00.
Ala. Code § 12-19-134 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-134
Section 12-19-134 Taxation and Collection of Amount Proved; Limitation on Number of Witnesses to Prove Any One Matter
Status: in_force

(a) Upon the final disposition of any civil case, the amount proved by the witnesses, as provided in this article, must be taxed in the bill of costs against the rightful party, setting forth the name of each witness and the amount allowed him, which must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon, is produced to the sheriff.

(b) Not more than two witnesses shall be taxed in any bill of costs who were called to prove any one matter of fact or, having been subpoenaed, were not examined unless the court, upon a motion to retax the costs, should, in its discretion, consider that the circumstances of the case warranted the examining or summoning of more than two witnesses for the proof of a particular fact or unless such witnesses were summoned or examined to assail or defend the reputation of a witness for veracity or to assail or to establish the character of a party when character is put in issue.
Ala. Code § 12-2-12 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-12
Section 12-2-12 Advisory Opinions on Constitutional Questions - Effect of Opinion
Status: in_force

The opinion of the justices of the Supreme Court or a majority of them shall be a protection to the officers and departments of the state acting in accordance therewith in the same manner and to the same extent as opinions of the Attorney General of the state; and, in the event of a conflict between the opinions of the Attorney General and the opinion of the justices of the Supreme Court rendered in accordance with this article, the opinion of the justices of the Supreme Court shall take precedence and prevail. All opinions of the justices of the Supreme Court heretofore rendered in accordance with this article shall have the protective force and effect provided for in this article.
Ala. Code § 12-23-19 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-19
Section 12-23-19 Exemption from Liability
Status: in_force

The directors, employees of the Administrative Office of Courts, including the Administrative Director of Courts, and the employees of the Department of Mental Health, including the Commissioner of Mental Health, shall be exempt from civil liability for alleged acts of ordinary negligence actions taken in performance of their official duties in carrying out the provisions of this chapter.
Ala. Code § 12-11A-2 — Alabama Code / Title 12 / Chapter 11A / Section 12-11A-2
Section 12-11A-2 Qualifications; Requirements
Status: in_force

(a) Persons who may act as private judges shall:

(1) Have been, but are not actively serving as, a judge of a district, circuit, or probate court and have served in the capacity of judge for at least six consecutive years.

(2) Be admitted to the practice of law in Alabama.

(3) Be an active member in good standing of the Alabama State Bar Association.

(4) Be a resident of Alabama.

(b) A person may act as a judge of a case under this chapter only if all of the following occur:

(1) All parties to the action file a written petition with the circuit clerk of the court in which the action is pending requesting a private judge and naming the person whom the parties wish to have as private judge. The petition shall be accompanied by a form signed by the private judge selected consenting to the appointment.

(2) The case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction.

(3) The case is assigned a CV or DR case number by the Alabama Administrative Office of Courts.
Ala. Code § 12-21-69 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-69
Section 12-21-69 Proof of Posting of Notice
Status: in_force

The posting of any notice required by law or the order of any court may be proved by filing a copy of the notice with an affidavit of posting in the court in which the proceeding was had in which the notice was required, and such affidavit shall be competent evidence in all courts and shall be prima facie evidence of what it states, but this shall not be the exclusive mode of proof.
Ala. Code § 12-18-132 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-132
Section 12-18-132 Retirement Benefits
Status: in_force

With the exception of justices of the Supreme Court and judges of the appellate courts, circuit courts, and district courts who assumed office prior to July 30, 1979, and who are exempted from Section 12-18-40, and this article, the retirement pay or benefits of any justice or judge qualifying for service retirement pursuant to this article shall be based and computed on the final salary received from the state at the time of his or her retirement in accordance with the percentage rate now prescribed by law. The retirement benefits of justices and judges who have 25 years of creditable service based on nonjudicial service which has been transferred to the Judicial Retirement System shall be calculated pursuant to Sections 12-18-111, 12-18-112, or 12-18-113, as applicable.
Ala. Code § 12-26-4 — Alabama Code / Title 12 / Chapter 26 / Section 12-26-4
Section 12-26-4 Petition for Order of Limited Relief - Federal Conviction
Status: in_force

(a) An individual who has been convicted in federal court may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides.

(b) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a).
Ala. Code § 12-5A-5 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-5
Section 12-5A-5 Employees Included in State Court System Personnel System; Salary Subsidies
Status: in_force

(a) On the effective date of this chapter, any juvenile probation officer serving the juvenile court and any clerical employee or professional staff member who supports the juvenile probation officers shall become the base group of employees to be transitioned to be employees of the State of Alabama and be included in the state court system personnel system. The foregoing provision shall have no application or effect as to any position that is established and filled after passage of this chapter, unless prior written approval for the additional position is provided by the Administrative Director of Courts, nor shall it apply to any position or employee whose primary responsibility involves support to a juvenile detention or shelter care facility. Any controversy regarding the composition of that class of persons or positions qualifying as court personnel under this chapter shall be determined by the Administrative Director of Courts whose decision shall be final.

(b) Beginning October 1, 1998, the Administrative Office of Courts shall provide salary subsidies to each county for juvenile probation officers and shall continue those subsidies until the beginning of the fiscal year in which the juvenile probation officers are assumed by the state court system personnel system.

(1) The Administrative Office of Courts shall allocate salary subsidies to each county for juvenile probation officers on the basis of one salary subsidy per 15,000 population or a fraction thereof. Provided, however, if legislation is enacted to provide additional salary subsidies for additional juvenile probation officers, the salary subsidy ratio as provided herein shall be adjusted accordingly. The last federal decennial census shall be used for these calculations. If there are counties with a population of less than 30,000 which do not provide matching funds, the salary of one probation officer may be fully funded per county.

(2) The Administrative Office of Courts shall expend funds to provide a salary subsidy of twenty-two thousand dollars ($22,000) or one-half of the total salary actually paid to a juvenile probation officer, whichever is greater, for the number of probation officers’ subsidies provided to a county in the formula in subdivision (1). The subsidy shall be paid to each county only for juvenile probation officers authorized and employed. Employment for purposes of this subdivision includes temporary vacancies of 30 days or less. Salary rates and ranges for juvenile probation officers shall be established by county personnel boards, county commissions, or any other local entities. These salary rates and ranges shall be adjusted to reflect a minimum salary for juvenile probation officers of twenty-two thousand dollars ($22,000) effective October 1, 1994. In adjusting the salary rates and ranges of juvenile probation officers, no county shall reduce the portion it pays for any probation officer salary below the salary level in effect on January 1, 1994.

(3) On the first day of the fiscal year in which the juvenile probation officers of a county are transitioned to the state court system personnel system, juvenile probation officer salary subsidies shall no longer be paid to that county. Counties having a population of more than 99,000 according to the 1990 federal decennial census shall continue to receive salary subsidies as provided in subdivisions (1) and (2).
Ala. Code § 12-3-7 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-7
Section 12-3-7 Continuation of Laws Concerning Duties, Benefits, Etc., of Supernumerary Judges of Courts of Appeals
Status: reserved

All laws dealing with the eligibility of judges of the Court of Criminal Appeals and the Court of Civil Appeals to assume duties and obligations, and to claim and receive benefits, as supernumerary judges are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of September 18, 1973, continued in full force and effect, and shall not be repealed by the adoption of this code. 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 judges as of September 18, 1973, are deceased, all such laws shall thereupon be repealed.
Ala. Code § 12-2-5 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-5
Section 12-2-5 Performance of Duties or Functions of Chief Justice in Event of Absence from State or Disability Thereof Generally
Status: in_force

In the event of the absence of the Chief Justice from the state or in the event of the inability of the Chief Justice to perform any duty or function required by law or rule, such duty or function may be performed by the senior associate justice available in the seat of government, provided he is requested to do so by the Chief Justice.
Ala. Code § 12-15-309 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-309
Section 12-15-309 Alleged Dependent Child to Be Released When Continued Shelter Care Not Required; Conditions Imposed Upon Release; Amendment of Conditions or Return of Child to Custody Upon Failure to Conform to Conditions Imposed
Status: in_force

(a) When the juvenile court finds that continued shelter care is not required for a child, the juvenile court shall order the return of the child, and in so doing, may impose one or more of the following conditions singly or in combination:

(1) Return the child to the custody of the parent, legal guardian, or legal custodian and, if necessary, place the child under the supervision of the Department of Human Resources.

(2) Place restrictions on travel, associations, or living conditions of the child pending the adjudicatory hearing.

(b) An order releasing a child on any conditions specified may at any time be amended to impose additional or different conditions.
Ala. Code § 12-19-179 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-179
Section 12-19-179 (Effective January 1, 2024) Distribution of Docket Fees - Traffic Infractions and Boating Violations in District Court
Status: in_force

(a) The following distribution shall be made of docket fees for traffic infractions and boating violations in district court:

(1) Three dollars ($3) to the Police Officers’ Annuity Fund.

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

(3) Eight dollars fifty cents ($8.50) to the State Drivers’ Fund.

(4) Forty-nine dollars ($49) to the State General Fund; provided, that in boating violation cases initiated by a county law enforcement officer, twenty-four dollars fifty cents ($24.50) shall be paid into the State General Fund and twenty-four dollars fifty cents ($24.50) shall be paid into the county general fund.

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

(6) An arrest fee of five dollars ($5) to the State General Fund or 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.

(7) Two dollars fifty cents ($2.50) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.

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

(b) The additional five dollars ($5) assessed and collected in traffic cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.

(c) Fees for issuance of alias writs from circuit and district courts shall be distributed as follows:

(1) Writs issuing from district court:

a. Two dollars ($2) to the county general fund.

b. Eighteen dollars ($18) to the State General Fund.

(2) Writs issuing from circuit court:

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

b. Twenty-five dollars ($25) to the State General Fund.
Ala. Code § 12-19-94 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-94
Section 12-19-94 Fees Due Constables and Coroners for Services in Connection with Circuit and District Court Proceedings
Status: in_force

Fees due to constables and coroners for services in connection with district and circuit court proceedings shall be payable from the county treasury upon a sworn statement certified by the circuit clerk and shall not affect the collection and distribution of uniform fees.
Ala. Code § 12-22-244 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-244
Section 12-22-244 Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismissal of Appeal
Status: in_force

When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken.
Ala. Code § 12-12-9 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-9
Section 12-12-9 Abolition of Office of County Solicitor and Performance of Functions Thereof by Assistant District Attorneys; Election by County Solicitors Serving Terms to Which Elected Prior to January 16, 1977, to Become Assistant District Attorneys for Duration of Terms
Status: in_force

On January 16, 1977, the functions of the position of county solicitor shall be performed by assistant district attorneys, and the office of county solicitor shall be abolished.

County solicitors serving terms to which they have been elected prior to January 16, 1977, may elect to become assistant district attorneys for the duration of their electoral terms without diminution of salary or expense payments.
Ala. Code § 12-11A-1 — Alabama Code / Title 12 / Chapter 11A / Section 12-11A-1
Section 12-11A-1 Definitions
Status: in_force

As used in this chapter, private judge means a person who is qualified to act as a judge of a case.
Ala. Code § 12-18-161 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-161
Section 12-18-161 Fraud; Correction of Errors
Status: in_force

(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this plan in any attempt to defraud such plan shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00, or imprisonment not exceeding 12 months, or both such fine and imprisonment, at the discretion of the court.

(b) Should any charge or error in the records result in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the Board of Control shall correct such error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
Ala. Code § 12-19-44 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-44
Section 12-19-44 Allowances for Ex Officio Services
Status: in_force

Persons entitled to an allowance by the county commission for what are commonly called ex officio services shall, before the allowance is made, itemize such services and make oath thereto, as in the case of other claims against the county. The compensation allowed shall be the fair and reasonable value of the services, in no case to exceed $200.00 per annum, unless otherwise provided by law.
Ala. Code § 12-2-19 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-19
Section 12-2-19 Promulgation, Filing and Publication of Rules; Construction and Interpretation of Rules
Status: in_force

(a) Since the Supreme Court now has the initial primary duty to make and promulgate rules governing practice and procedure in all courts, as well as rules of administration for all courts, all such rules made and promulgated by the Supreme Court shall be filed in the office of the Clerk of the Supreme Court and published in the official report of decisions. The Clerk of the Supreme Court shall certify to the Secretary of State all such rules. The Secretary of State shall cause the rules to be published in any code of the laws of Alabama whenever the codes are published or in pocket supplements to codes.

(b) In connection with its duty to make and promulgate such rules, the Legislature finds that it is within the scope of such authority for the Supreme Court to make rules of administration pertaining to the collection, use, protection and disclosure of information, statistics and records involved in the administration of justice, criminal or otherwise, including information to be stored or which is stored in computers; collection of unpaid court costs, fines and forfeitures; the security of courts; the procedures, forms and standards for appointment of attorneys for indigents in criminal cases and, in the event an indigent becomes nonindigent, collection procedures for attorney’s fees, transcript fees, and other expenses paid by the state during the period of indigency.

(c) Rules heretofore promulgated by the Supreme Court shall not be considered to have been superseded or modified by this title unless by express reference in this title or by law hereinafter enacted or by irreconcilable conflict with this title.

(d) The Clerk of the Supreme Court shall give his or her opinion in writing on any question of the interpretation of any rule of administration promulgated by the Supreme Court to any other officer or official of the state who shows a need for such opinion and requests the same. The written opinion of the Clerk of the Supreme Court shall protect the officer or official to whom it is directed as well as other officers or officials who use it as guidance from liability to either the state, county, or any municipal subdivision of the state because of any official act or acts performed as directed or advised in such opinion; provided, however, that such opinion shall be merely advisory. Such opinions shall be published in the official report of decisions.
Ala. Code § 12-21-138 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-138
Section 12-21-138 Leading Questions
Status: in_force

Leading questions are generally allowed in cross-examinations and only in these, but the court may exercise a discretion in granting the right to the party calling the witness and in refusing it to the opposite party when, from the conduct of the witness or other reason, justice requires it.
Ala. Code § 12-22-196 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-196
Section 12-22-196 Entry of Findings on Minutes of Court
Status: in_force

If the trial judge is satisfied that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, necessary for the payment of court reporters’ fees or the clerks’ fees, he shall cause said finding to be entered on the minutes of the court. If the trial judge finds to the contrary, he shall also cause said findings to be entered on the minutes of the court, stating his reasons therefor. If the trial judge finds that the defendant or petitioner is unable to pay all of the court reporter’s fees or all of the clerk’s fees but is able to pay a part, he shall cause to be entered upon the minutes of the court such finding and shall state his reasons therefor and state the amount in money that the defendant or petitioner can reasonably pay.
Ala. Code § 12-22-113 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-113
Section 12-22-113 De Novo Trial in Circuit Court; Statement of Cause of Complaint
Status: in_force

The trial in the circuit court shall be de novo and without any indictment or presentment by the grand jury, but the district attorney shall make a brief statement of the cause of complaint signed by him, which maybe in the following form:

The State of Alabama, by its district attorney, complains of C.D., that, within 12 months before the commencement of this prosecution, he did (here describe the offense as in cases of indictment). G. H., district attorney.
Ala. Code § 12-12-2 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-2
Section 12-12-2 District Court a Court of Record; Preparation, Maintenance, Etc., of Records of Proceedings Generally; Employment of Reporters or Provision for Transcripts of Proceedings by Parties
Status: in_force

(a) The district court shall be a court of record.

(b) Records of proceedings shall be made, maintained and preserved according to rules promulgated by the supreme court, but neither reports nor transcripts of proceedings shall be required, except as provided by law or rule.

(c) Any party may employ a reporter or provide for a transcript of the proceedings on his own account.
Ala. Code § 12-14-30 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-30
Section 12-14-30 Appointment, Terms of Office and Qualifications; Designation, Etc., of Presiding Judge; Filling of Vacancies; Oath; Grounds for Disqualification of Judges from Hearing of Cases; Practice of Law or Receipt of Unauthorized Remuneration for Judicial Services by Full-Time Judges Prohibited
Status: in_force

(a) The governing body of the municipality shall, by vote of a majority of its members, appoint judges of the municipal court.

(b) The term of office of each full-time municipal judge shall be for a term of four years. The term of office of a municipal judge other than a full-time municipal judge shall be two years. The term of either full-time or part-time municipal judges shall continue until a successor has been appointed and qualified.

(c) In the event that a municipality has more than one judge, the mayor shall designate a presiding judge, who shall have such additional duties and powers and be entitled to receive such additional compensation as provided by ordinance.

(d) Each judge must be licensed to practice law in this state and must be a qualified elector of the state. No judge shall be otherwise employed in any capacity by the municipality during his term of office.

(e) The office of a municipal judge shall be vacant if he dies, resigns or is removed, and vacancies shall be filled by the municipal governing body in the same manner as original appointments are made.

(f) Each municipal judge shall, before assuming office, take and sign the oath provided by the Constitution, and a copy thereof shall be filed in the Office of the Secretary of State, the Administrative Director of Courts and the clerk of the municipality; provided, that failure to file as required by this subsection shall not render invalid any act, order or judgment of said judge.

(g) Municipal judges shall be subject to all grounds of disqualification from hearing specific cases as are applicable to circuit judges.

(h) No full-time municipal judge shall, during his continuance in office, engage in the practice of law or receive any remuneration for his judicial service, except the salary and allowances authorized by the municipality.
Ala. Code § 12-21-39 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-39
Section 12-21-39 Handwriting - Evidence for Comparison
Status: in_force

In any proceeding before a court or judicial officer of the state where the genuineness of the handwriting of any person may be involved, any admitted or proved handwriting of such person shall be competent evidence as a basis for comparison by witnesses or by the jury, court or officer conducting such proceeding to prove or disprove such genuineness.
Ala. Code § 12-10B-2 — Alabama Code / Title 12 / Chapter 10B / Section 12-10B-2
Section 12-10B-2 Qualifications of Circuit Judges, District Judges, Appellate Court Judges, and Supreme Court Justices
Status: in_force

(a) All supreme court justices, judges of the appellate courts, circuit court judges, and district court judges must be licensed attorneys.

(b)(1) All supreme court justices, judges of the appellate courts, circuit court judges, and district court judges must complete a minimum of 12 hours of approved continuing legal education annually, one hour of which must be on the subject of ethics.

(2) Any justice or judge who fails to complete the requirements of subdivision (1) shall be subject to disciplinary action by the Judicial Inquiry Commission.

(c) 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 Constitution of Alabama of 2022, the Supreme Court of Alabama shall amend its rules to conform with this section.
Ala. Code § 12-21-164 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-164
Section 12-21-164 Deceased Borrower’s Representative as Usury Witness
Status: in_force

When the borrower is dead and usury is relied on as a defense, the representative of the borrower, having given 10 days’ notice to the plaintiff, or his attorney of his intention so to do, is a competent witness to prove the usury by swearing that he believes the contract to be usurious, if the plaintiff was the lender, unless the plaintiff denies on oath, in open court, the truth of the facts proposed to be sworn to by the defendant.
Ala. Code § 12-17-202 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-202
Section 12-17-202 Administration; Disbursement
Status: reserved

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
Ala. Code § 12-22-114 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-114
Section 12-22-114 Rules as to Evidence, Etc., Governing Appeals
Status: in_force

On the trial of such appeals, the court shall be governed by the same rules as to evidence, practice, finding of the jury and punishment as if the case had originated in that court.
Ala. Code § 12-20-26 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-26
Section 12-20-26 Substitution of Lost, Etc., Papers or Records in Civil Cases - Inherent Power of Courts
Status: in_force

All courts have the inherent power, if original papers or records pertaining to matters of civil jurisdiction or to civil actions which are pending or which have been determined are lost, mislaid, destroyed or mutilated, to cause a substitution thereof, and the substituted paper or record is of equal validity with the original.
Ala. Code § 12-22-201 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-201
Section 12-22-201 Annual Appropriation; Approval of Governor for Disbursement
Status: in_force

There is hereby appropriated annually out of the General Fund of the State Treasury the sum of $15,000.00, not to be exceeded in any one fiscal year, to pay said court reporters and clerks and to carry out the provisions of this division. Expenditures from said appropriation are subject, before disbursement, to the approval of the Governor and contingent upon the opinion of the Governor of the condition of the State Treasury.
Ala. Code § 12-17-207 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-207
Section 12-17-207 Termination of Service Prior to Assumption of Supernumerary Status
Status: reserved

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000..
Ala. Code § 12-9A-2 — Alabama Code / Title 12 / Chapter 9A / Section 12-9A-2
Section 12-9A-2 Reallocation of Vacant Judgeship
Status: in_force

(a) Only in the event of a vacancy due to death, retirement, resignation, or removal from office of a district or circuit judge, the Judicial Resources Allocation Commission shall have 30 days to determine whether to reallocate such judgeship to another district or circuit. The commission may also choose to reallocate a judgeship if the incumbent judge is not eligible to run for reelection as a result of the age limitation provided for in Section 155 of the Constitution of Alabama 1901, as amended, by notifying the Secretary of State no later than one year prior to the close of qualifying for candidates to run for such judgeship. All reallocation decisions require a two-thirds vote of the commission members. In determining whether to reallocate such judgeship, the commission shall consider the need based on the district and court rankings as determined pursuant to Section 12-9A-1. However, in no event shall the commission reallocate a judgeship to another district or circuit if doing so would cause the district or circuit from which the judgeship was being removed to move into the ten counties in most need of a district judge or the ten circuits, or divisions thereof, in most need of a circuit judge based on the rankings provided pursuant to Section 12-9A-1. Additionally, each county shall continue to have at least one district judge.

(b) In the event the commission chooses not to reallocate the vacant judgeship within the 30 days prescribed in subsection (a), the vacancy shall be filled according to law in the district or circuit in which the judgeship is located.

(c) In the event the commission chooses to reallocate the vacant judgeship within the 30 days prescribed in subsection (a), the vacancy shall be filled according to law for the district or circuit to which the judgeship is reallocated. The person appointed to fill the judgeship shall serve the required time period pursuant to law before running for election, at which time the reallocated judgeship shall be subject to election in the district or circuit to which the judgeship was reallocated.

(d) Upon the reallocation of the judgeship, all remaining judgeships in the district or circuit from which the judgeship was reallocated shall be renumbered appropriately. Additionally, the state resources allocated to fund the judgeship shall continue to fund the judgeship in the district or circuit to which it was reallocated.

(e) The chair of the commission shall keep a true record of all the proceedings of the meetings of the commission. At the call of any member, the vote on any pending question shall be taken by ayes and nays, and the same shall be entered in the record. The records of the proceedings of the commission shall be open to any member of the commission and to the public and a copy of the record, certified by the chair, shall be kept in the records of the commission maintained by the chair.
Ala. Code § 12-25-5 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-5
Section 12-25-5 Compensation and Expenses
Status: in_force

(a) Members of the commission and advisory council shall serve without compensation.

(b) Members of the commission and advisory council are entitled to reimbursement for expenses while on official business of the commission or attending its meetings. Expenses shall be paid as follows:

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

(2) The expenses of the members representing state or local government departments or agencies may be paid out of any funds available for travel in their respective departments or agencies.

(3) The expenses of the other members may be paid out of funds available to the commission for travel and shall be reimbursed in accordance with Sections 36-7-20 to 36-7-22, inclusive.
Ala. Code § 12-5-15 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-15
Section 12-5-15 Delegation to Administrative Director of Courts, Court Administrator, Etc., of Authority to Act for Chief Justice
Status: in_force

The Chief Justice may, by power of attorney or other writing, authorize and empower the Administrative Director of Courts, the court administrator and any other officer in the Administrative Office of Courts or the Department of Court Management or the office of Clerk of the Supreme Court to sign the name of the Chief Justice to any instruments and documents that he is required to sign, including, but not limited to, the approval of expense accounts of trial judges and supernumerary or retired judges and approval of fees for attorneys for services rendered in defense of indigents in criminal cases. Such instrument of authorization shall be filed in the office of the Clerk of the Supreme Court.
Ala. Code § 12-17-227.15 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.15
Section 12-17-227.15 Relation to Other Laws
Status: in_force

No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the state shall apply to members of the plan established by this division, except as to provisions for coverage under the federal Social Security Act, as may be provided by state and federal laws.
Ala. Code § 12-15-208 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-208
Section 12-15-208 Facilities to Be Used for Detention or Shelter Care of Children
Status: in_force

(a) Persons who shall not be detained or confined in secure custody include all of the following:

(1) A status offender, except as further provided in this subdivision and subsection (b).

a. Short-term secure custody of an accused status offender may be necessary, such as detention in a juvenile detention facility, for a brief period not exceeding 24 hours, prior to formal juvenile court action, for investigative purposes, for identification purposes, or for the purpose of allowing return of a status offender to the parent, legal guardian, or legal custodian.

b. Detention for a brief period of time pursuant to juvenile court authority may be necessary in order to arrange for appropriate shelter care placement. If a petition regarding an alleged status offender is filed in juvenile court and if it is determined that the alleged status offender is at imminent risk of being placed in the legal or physical custody of the Department of Human Resources, the case shall be referred to the county children’s services facilitation team, and the procedures in Article 5 shall be followed. Upon referral to the county children’s services facilitation team, the juvenile probation officer shall continue to provide case management to the status offender unless the county children’s services facilitation team appoints another person to act as case manager. The juvenile probation officer shall participate in county children’s services facilitation team meetings and share records, information, and reports on the status offender with the county children’s services facilitation team.

(2) A federal ward who is held beyond 24 hours in secure custody in a state or local juvenile detention facility pursuant to a written contract or agreement with a federal agency and for the specific purpose of affecting a jurisdictional transfer, for appearance as a material witness, or for return to his or her lawful residence or country of citizenship shall be reported as a violation of the deinstitutionalization of status offender requirement.

(3) A nonoffender.

(4) A child 10 years of age or younger, unless the child is charged with an offense causing death or serious bodily injury to a person or an offense that would be classified as a Class A felony if committed by an adult.

(5) A child 11 or 12 years of age, unless: (i) the child is charged with an offense causing death or serious bodily injury to a person or an offense that would be classified as a Class A felony if committed by an adult; or (ii) by order of a juvenile court.

(b) Persons who may be detained or confined in secure custody include all of the following:

(1) A person who violates the federal law that prohibits possession of a handgun by a child under 18 years of age or who violates a similar state or municipal law. A person under this subdivision may be placed in a juvenile detention facility.

(2) A person in custody pursuant to the Interstate Compact for Juveniles, contained in Section 44-2-10. A person under this subdivision may be placed in juvenile detention facilities.

(3) A status offender who violates a valid court order.

a. A status offender who is charged with or has committed a violation of a valid court order may be detained in secure custody in a juvenile detention facility for up to 72 hours for a first violation and up to seven days for a second or subsequent violation upon issuance of a written detention order that complies with 34 U.S.C. § 11133(a)(23)(C)(iii).

b. A status offender who violates a valid court order shall not be committed to the Department of Youth Services nor held in a jail or lockup for adult offenders.

c. For this valid court order exception to apply, the following actions must occur when a status offender is taken into custody for violating a valid court order:

1. The juvenile detention facility shall immediately notify the juvenile court intake or probation officer that the child is being held in secure custody for violating a valid court order. The notice shall include the date and time the child entered the juvenile detention facility.

2. Within the first 24 hours during which a status offender is held in secure custody, not including weekends or holidays, a juvenile court intake or probation officer, or an authorized representative of the department or agency having custody or supervision of the child, shall interview the child in person.

3. Within 48 hours of the admission of the status offender to secure custody, not including weekends or holidays:

(i) The individual who interviewed the child shall submit a written assessment report to the juvenile court regarding the immediate needs of the child; and

(ii) If the juvenile court has not yet determined whether the child has violated the order, the juvenile court shall conduct a hearing to determine whether there is reasonable cause to believe that the child violated the order and the appropriate placement of the child pending disposition of the alleged violation.

(c) No person under 18 years of age shall be detained or confined in any jail or lockup for adults except as follows:

(1) For up to six hours while processing the case of the child.

(2) If the child is transferred for criminal prosecution pursuant to Section 12-15-203.

(3) If the child is charged pursuant to Section 12-15-204.

(d)(1) When a case is transferred to another court for criminal prosecution under subdivision (c)(2), the person shall be transferred to the appropriate officer or jail or lockup in accordance with the law governing the detention of the person charged with the crime. A jail or lockup used for holding adults shall not hold a status offender in secure custody at any time. An accused status offender may be detained in a nonsecure area of a jail or lockup for processing while waiting for transportation to a nonsecure shelter care facility or a juvenile detention facility or while waiting for release to a parent, legal guardian, or legal custodian.

(2) Nothing in this section shall prohibit a circuit court judge exercising criminal jurisdiction from ordering that a child described in subdivision (c)(2) or (3) should be placed in a juvenile detention center instead of an adult jail or lockup.

(e)(1) An accused or adjudicated delinquent child or a status offender shall not have contact with adult inmates, including trustees. “Contact” is defined as any physical or sustained sight and sound contact. “Sight contact” is defined as clear visual contact between adult inmates and an accused or adjudicated delinquent child or a status offender within close proximity to each other. “Sound contact” is defined as direct verbal communication between adult inmates and an accused or adjudicated delinquent child or a status offender.

(2) No child shall enter pursuant to public authority, for any amount of time, in secure custody in a secure section of a jail, lockup, or correctional facility for adults as a disposition of an offense or as a means of modifying his or her behavior.

(f) Except as provided in this section, in providing detention and shelter or other care for a child referred to or coming under the jurisdiction of the juvenile court, the juvenile court shall only use a facility that has been established, licensed, or approved by the Department of Youth Services or Department of Human Resources for those purposes.

(g) Except as provided in this section, the official in charge of a jail or lockup for the detention of adult offenders or persons charged with crimes shall inform the juvenile court immediately when a child, who is or appears to be a child as defined by this chapter, is received at the jail or lockup. Upon request, the official shall deliver the child to the juvenile court or transfer him or her to a juvenile detention facility designated by the juvenile court.

(h) The Department of Youth Services shall continue to develop and implement a statewide system of juvenile detention facilities that shall be licensed by the Department of Youth Services for the detention of children.

(i) The Department of Youth Services shall subsidize the detention of children in the juvenile detention facilities in an amount up to one half the average cost of detention. The amount of the subsidy shall depend on the funds appropriated by the Legislature to the Department of Youth Services. Juvenile detention facilities may contract with the Department of Youth Services or other counties for the detention of children.

(j) Any law enforcement officer, at the direction of the juvenile court, shall provide security and transportation services for the juvenile court in transporting children to and from juvenile detention facilities and the Department of Youth Services.
Ala. Code § 12-15-144 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-144
Section 12-15-144 Construction of Sections; Sections to Be Read in Pari Materia with Certain Other Laws
Status: in_force

The provisions of Sections 12-15-138 to 12-15-143, inclusive, shall be construed in pari materia with Sections 30-5-1 to 30-5-11, inclusive, as amended, and other criminal laws relating to child abuse except to the extent that there is conflict herewith.
Ala. Code § 12-17-28 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-28
Section 12-17-28 Writs of Certiorari to District and Municipal Courts
Status: in_force

Judges of circuit courts may grant writs of certiorari directed to judges of district and municipal courts in all cases where appeals lie from such courts to the circuit court.
Ala. Code § 12-21-67 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-67
Section 12-21-67 Proof of Exemplifications or Copies of Records, Etc., Kept in Public Office
Status: in_force

Exemplifications or copies of records and records of deeds and other instruments or of office books, or parts thereof, and official bonds which are kept in any public office in this state shall be proved or admitted as legal evidence in this state by the attestation of the keeper of said records or books, deeds or other instruments or official bonds that the same are true and complete copies of the records, bonds, instruments or books, or parts thereof, in his custody, and the seal of said keeper thereto annexed, if there is a seal (if there is no official seal, there shall be attached to such attestation the certificate of the clerk), and the seal of the circuit, district or municipal court of the proper county where such keeper resides that such attestation is genuine and made by the proper officer.
Ala. Code § 12-22-71 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-71
Section 12-22-71 Proceedings When Only Amount of Judgment Excessive
Status: in_force

When an appeal is taken to the appropriate appellate court from the judgment of any court and the appellate court shall be of the opinion that the case should be reversed because the judgment of the lower court is excessive and that there is no other ground of reversal, the appellate court shall notify the appellee of the amount which it deems in excess of the just and proper amount of recovery and require the appellee, within a time to be stated in said notice, to remit such amount upon penalty of a reversal of the case. If the appellee does not, within the time stated in such notice or within such further time as may be granted by the court for good reason file a remittitur of such excessive amount, the appellate court shall reverse and remand the case; but, if the appellee shall file with the court a remittitur of the amount deemed excessive by the court, the appellate court shall reduce the amount of the judgment accordingly and shall affirm the case and enter a judgment for such reduced amount, which judgment so entered shall be and remain the judgment of the lower court and shall date back to the time of the entry or rendition of the judgment in the lower court.
Ala. Code § 12-21-241 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-241
Section 12-21-241 Attendance of Witnesses - Where Case Continued
Status: in_force

Where a case has been continued, it shall be the duty of the clerk of the circuit court or district court to issue a subpoena for all witnesses in such case when it is next set, and it shall be the duty of the sheriff to execute such subpoena by summoning the witnesses named therein. The circuit clerk shall, for the services required of him by this section, receive the same compensation that he receives for issuing the original subpoenas, and the sheriff shall receive the same compensation that he receives for serving the original summons. The costs accruing from the services performed as provided in this section shall be taxed and paid as other costs are taxed and paid in criminal cases.
Ala. Code § 12-21-84 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-84
Section 12-21-84 Required Medium
Status: in_force

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
Ala. Code § 12-16-207 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-207
Section 12-16-207 Grand Juror Not to Participate, Etc., in Deliberations as to Offenses Committed Against His Person or Property, Etc.; Supplying of Deficiency in Number of Grand Jurors Resulting Therefrom
Status: in_force

(a) A grand juror must not be present at or take any part in the deliberations of his fellow jurors respecting any public offense with which he is charged or which was committed against his person or property or when he is a prosecutor or when he is connected by blood or marriage with the person charged.

(b) If, by reason of the provisions of subsection (a) of this section, the number of grand jurors is reduced below 13 in the investigation of any matter, the court must supply the deficiency from the qualified jurors of the county, and the persons so placed on the grand jury must serve only during such investigation.
Ala. Code § 12-3-11 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-11
Section 12-3-11 Original Jurisdiction of Courts of Appeals; Powers of Courts as to Issuance of Remedial and Original Writs and Punishment for Contempt
Status: in_force

Each of the courts of appeals shall have and exercise original jurisdiction in the issuance and determination of writs of quo warranto and mandamus in relation to matters in which said court has appellate jurisdiction. Each court shall have authority to grant injunctions and issue writs of habeas corpus and such other remedial and original writs as are necessary to give it a general superintendence and control of jurisdiction inferior to it and in matters over which it has exclusive appellate jurisdiction and to punish for contempts by the infliction of a fine not exceeding $100.00 and imprisonment not exceeding 10 days, or both, and to exercise such other powers as may be given to such court by law.
Ala. Code § 12-16-173 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-173
Section 12-16-173 Reversal of Criminal Cases Appealed to Court of Criminal Appeals on Ground of Defect in Administration of Oath to Grand or Petit Juries
Status: in_force

No criminal case taken by appeal to the Court of Criminal Appeals shall be reversed because of any defect in the administration of the oath to any grand or petit jury, unless the record in the case discloses the fact that some objection was taken in the court below during the progress of the trial, based on such defect.
Ala. Code § 12-13-1 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-1
Section 12-13-1 Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, Etc., of Probate Courts
Status: in_force

(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general jurisdiction as to all other matters which may be conferred upon them by law, unless the law so conferring jurisdiction expressly makes the jurisdiction special or limited.

(b) The probate court shall have original and general jurisdiction over the following matters:

(1) The probate of wills.

(2) The granting of letters testamentary and of administration and the repeal or revocation of the same.

(3) All controversies in relation to the right of executorship or of administration.

(4) The settlement of accounts of executors and administrators.

(5) The sale and disposition of the real and personal property belonging to and the distribution of intestate’s estates.

(6) The appointment and removal of guardians for minors and persons of unsound mind.

(7) All controversies as to the right of guardianship and the settlement of guardians’ accounts.

(8) The allotment of dower in land in the cases provided by law.

(9) The partition of lands within their counties.

(10) The change of the name of any adult residing in their county, upon his or her filing a declaration in writing, signed by him or her, stating the name by which he or she is known and the name to which he or she wishes it to be changed.

(11) The change of the name of any minor residing in their county, upon the filing of a declaration in writing, signed by the parent or legal guardian of the minor, stating the name by which the minor is known and the name to which it is to be changed, along with the consent from all persons who have natural parental or legal rights of the minor. Consent of the minor is required if the minor is 14 or more years of age. This subdivision does not apply to a minor who is involved in a domestic relations matter that is pending in the circuit court or to a minor whose name is ordered by a court to be changed pursuant to the Uniform Parentage Act.

(12) Other cases as jurisdiction is or may be given to probate courts by law, to be exercised in the manner prescribed by law.

(c) The probate court and circuit court shall have concurrent original and general jurisdiction of any proceedings under Chapter 9 of Title 38.

(d) All orders, judgments, and decrees of probate courts shall be accorded the same validity and presumptions which are accorded to judgments and orders of other courts of general jurisdiction.
Ala. Code § 12-22-74 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-74
Section 12-22-74 Affirmation of Stayed Judgment - Recovery of Chattels in Specie
Status: in_force

Upon the affirmance of a judgment for the recovery of chattels in specie, judgment for which has been stayed by the execution of a supersedeas bond, the court must also enter judgment against the obligors in said bond for 10 percent of the alternative value of such property as fixed by the court below, and the damages fixed for the detention thereof.
Ala. Code § 12-23-14 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-14
Section 12-23-14 Eligibility of Court Referral Programs to Receive Payments from Fund
Status: in_force

The Administrative Office of Courts shall establish criteria to determine eligibility of court referral programs to receive payment from the Court Referral Officer Trust Fund. All Alabama TASC programs which meet the national TASC criteria on August 15, 1990 shall be eligible to receive payments from the Court Referral Officer Trust Fund. All such programs shall be nonprofit agencies.
Ala. Code § 12-16-57 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-57
Section 12-16-57 Master List
Status: in_force

(a) The jury commission for each county shall compile and maintain an alphabetical master list of all persons in the county who may be called for jury duty, with their addresses and any other necessary identifying information. This list may include all registered voters, persons holding drivers’ licenses and registering motor vehicles, and may include other lists, such as lists of utility customers and persons listing property for ad valorem taxation, which will include persons whose listing will foster the policy and protect the rights provided in Sections 12-16-55 and 12-16-56. The list shall avoid duplication of names. The list shall be reviewed and corrected and new names added from time to time, but at least once every four years.

(b) Whoever has custody, possession or control of any lists used in compiling the master list shall make the list available to the jury commission for inspection, reproduction and copying at all reasonable times.

(c) The master list shall be open to the public for inspection at all reasonable times.
Ala. Code § 12-16-199 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-199
Section 12-16-199 Administration of Oath to Witnesses; Preparation by Foreman and Disposition of Book and List of Witnesses Summoned Before and Attending Grand Jury; Issuance of Certificates to Witnesses by Foreman
Status: in_force

Witnesses before the grand jury may be sworn by the district attorney or foreman.

A list of all witnesses summoned and in attendance before such jury during each session shall be kept by the foreman, and he shall give to each of such witnesses a certificate, stating the number of the case in which such witness attended, the number of days of his actual attendance, the number of miles traveled by him and the amount due him, and each of such items the foreman shall enter in a book kept for that purpose, and such book and list, certified by the foreman to be correct, must be by him returned into the court and by the clerk filed and kept as a part of the records of such court.
Ala. Code § 12-15-209 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-209
Section 12-15-209 Children to Be Released When Full-Time Detention or Shelter Care Not Required; Conditions Imposed Upon Release; Amendment of Conditions or Return of Child to Custody Upon Failure to Conform to Conditions Imposed
Status: in_force

(a) When the juvenile court finds that full-time detention or shelter care of a child is not required, the juvenile court shall order the release of the child, and in so doing, may impose one or more of the following conditions:

(1) Place the child in the custody of a parent, legal guardian, legal custodian, or any other person whom the juvenile court deems proper, or place the child with a department, agency, or organization agreeing to supervise the child.

(2) Place restrictions on the travel, association, or place of abode of the child during the period of his or her release, or place the child under electronic or telephone monitoring, if available.

(3) Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in Section 12-15-128, including a condition requiring that the child return to custody as required.

(b) An order releasing a child on any conditions specified in subsection (a) may at any time be amended to impose additional or different conditions of release or to return the child to custody for failure to conform to the conditions originally imposed.
Ala. Code § 12-17-144 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-144
Section 12-17-144 Prior Service Credit
Status: in_force

(a) Prior service credit may be obtained by a clerk or register in office on October 1, 1976, for years served in the individual capacity of clerk or register on a continuous basis. Prior service credit must either be for time served as clerk or as register without allowance for service as both clerk and register; provided, that prior service credit for each individual position may not be combined. A person seeking to qualify as supernumerary clerk shall count only time served as clerk, and one seeking to qualify as supernumerary register shall count only time served as register. Prior service credit may also be obtained by a clerk or register for any years served in the capacity of probate judge, provided such service as probate judge was continuous. If any person subject to the provisions of this division shall seek to obtain prior service as either clerk or register, he shall contribute to the Clerks’ and Registers’ Supernumerary Fund, State of Alabama, for each year for which prior service credit is sought up to a maximum of 15 years. No official under this division shall be eligible for prior service credit to become supernumerary unless payments as provided hereinafter have been paid. However, any official who otherwise qualifies may become eligible upon October 1, 1978, or within two years thereof, by paying in a lump sum computed on the basis of the formula enumerated in this section or by paying such sum into the appropriate fund, in equal installments, with no interest, over a two-year period from October 1, 1978; provided, that no compensation benefits shall accrue to any official electing to become supernumerary hereunder until all contributions have been paid.

(b) Payments necessary for prior service credit shall be computed as follows:

(1) Circuit clerks shall contribute an amount equal to five percent of their salary or, if on fees, the base sum payable by the state as salary to circuit clerks pursuant to Section 12-17-92, for each year for which prior service credit is sought; and

(2) Circuit registers shall contribute an amount equal to five percent of the highest net annual income received for services rendered for any one year of the three years next preceding February 14, 1975.
Ala. Code § 12-16-230 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-230
Section 12-16-230 Discharge of Juror, Summoning of Replacement, Etc., Prior to Retirement of Jury
Status: in_force

If, before the jury retires, one of them becomes so sick as to incapacitate him for the performance of his duty or any other cause renders it necessary, in the opinion of the court, to discharge a juror, such juror may be discharged, another summoned in his place and the trial commenced anew.
Ala. Code § 12-15-101 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-101
Section 12-15-101 Purpose of the Alabama Juvenile Justice Act; Short Title; Goals for the Juvenile Court
Status: in_force

(a) This chapter shall be known as the Alabama Juvenile Justice Act. The purpose of this chapter is to facilitate the care, protection, and discipline of children who come under the jurisdiction of the juvenile court, while acknowledging the responsibility of the juvenile court to preserve the public peace and security.

(b) In furtherance of this purpose, the following goals have been established for the juvenile court:

(1) To preserve and strengthen the family of the child whenever possible, including improvement of the home environment of the child.

(2) To remove the child from the custody of his or her parent or parents only when it is judicially determined to be in his or her best interests or for the safety and protection of the public.

(3) To reunite a child with his or her parent or parents as quickly and as safely as possible when the child has been removed from the custody of his or her parent or parents unless reunification is judicially determined not to be in the best interests of the child.

(4) To secure for any child removed from parental custody the necessary treatment, care, guidance, and discipline to assist him or her in becoming a responsible, productive member of society.

(5) To promote a continuum of services for children and their families from prevention to aftercare, considering wherever possible, prevention, diversion, and early intervention.

(6) To promote the use of community-based alternatives as deterrents to acts of juvenile delinquency and as least restrictive dispositional alternatives.

(7) To hold a child found to be delinquent accountable for his or her actions to the extent of the age, education, mental and physical condition, and background of the child, and all other relevant factors and to provide a program of supervision, care, and rehabilitation, including restitution by the child to the victim of his or her delinquent acts.

(8) To achieve the foregoing goals in the least restrictive setting necessary, with a preference at all times for the preservation of the family and the integration of parental accountability and participation in treatment and counseling programs.

(c) Judicial procedures through which these goals are accomplished will assure the parties a fair hearing where their constitutional and other statutory rights are recognized and enforced.

(d) This chapter shall be liberally construed to the end that each child coming under the jurisdiction of the juvenile court shall receive the care, guidance, and control, preferably in his or her own home, necessary for the welfare of the child and the best interests of the state.
Ala. Code § 12-16-38 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-38
Section 12-16-38 Clerks of Commissions - Oath of Office
Status: in_force

Every clerk of a jury commission, before entering upon the discharge of his duties under this article, must take and subscribe the oath of office prescribed by Section 279 of the Constitution and file the same for record in the probate office of the county.
Ala. Code § 12-17-226.6 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.6
Section 12-17-226.6 Acceptance into Program; Termination from Program; Completion of Program; Restorative Justice Initiative; Violations of Terms or Conditions
Status: in_force

(a) An offender who enters into a pretrial diversion program established under this division may satisfy any of the following requirements:

(1) Provide a statement admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program. The statement provided by the offender shall be admissible in any criminal trial.

(2) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney.

(3) If there is restitution, agree in writing to a restitution amount to be paid within a specified period of time, or for restitution to remain open for future changes due to the nature of the injury or loss pursuant to the agreement.

(4) If the investigating law enforcement agency incurred extraordinary investigative expenses, agree in writing to a specific restitution agreement to be paid within a specified period of time and in an amount to be determined by the district attorney.

(5) Agree in writing to the jurisdiction of the court beyond completion of any disposition of the case, end of sentence, or conclusion of the pretrial diversion program to enforce collection of restitution, cost of court, fines, fees, or other agreed upon or court-ordered monies, pursuant to Section 12-17-225.

(6) Agree to execute any agreement, covenant, note, or contract to pay any agreed upon sums of restitution, cost of courts, fines, fees, or other agreed upon or court-ordered monies, pursuant to Section 12-17-225.

(7) Submission, to a court of competent jurisdiction, of a written plea of guilty to the offense or offenses charged, agreed upon included offenses, or mitigated disposition, together with an agreement as to whether the case is to be dismissed or nolle prossed upon successful completion of the program, and an agreement as to the recommended sentence should one be imposed by the court. The agreement shall, as practicable as possible, set forth all fees, fines, cost, restitution, or any other conditions or expectations upon the offender or the state.

(b)(1) Upon acceptance of an offender into the program by the district attorney, the district attorney shall submit the written application of the offender, together with a statement of fact of the offense, and the agreement of the offender and the district attorney, to a court of competent jurisdiction presiding over the affected case for approval.

(2) The determination as to which judge within a judicial circuit or county will preside over the case shall be made according to the local approved method of criminal case assignment that is practiced in all other criminal case assignments within that jurisdiction. However, the district attorney and the presiding circuit judge may enter into an agreement as to an alternative method of case assignment for pretrial diversion cases to a judge pursuant to this division in order to serve judicial economy.

(c) If the offender is terminated from the program for a violation of agreed upon conditions, the administration fees shall not be refundable. However, if at the time the agreement is initially presented to the court, the court rejects the agreement and disposition of the charges involved, any monies paid by the offender in satisfaction of the administration fee shall be refunded to the offender. The offender shall remain liable for any agency or service provider in furtherance of the application and evaluation process, and the same shall be deducted from any money refunded to the offender. Any deducted money shall be paid solely to the office of the district attorney for payment of the expenses.

(d) Upon approval of the agreement and acceptance of the guilty plea, the court shall expressly place the case or cases in an administrative docket until such time that the court is notified that the offender has fulfilled the terms of the pretrial diversion agreement, upon motion of the district attorney that the offender has been terminated from the program by the court, or otherwise withdraws from the program. Imposition of punishment or sentence by the court shall be deferred until the offender has successfully completed the program or is terminated from the program, by the court or upon motion of the district attorney.

(e) In the event the offender is terminated from the program, the court shall impose appropriate punishment or sentence in the same manner as with any guilty plea, finding of guilt, or admission and shall not be bound by the terms of the agreement as to what punishment or sentence to impose.

(f) Upon successful completion of the program by the offender, the district attorney shall notify the court in writing of that fact, together with a request that the court enter an order of dismissal of the case pursuant to the agreement or any other disposition that was agreed upon by the district attorney and the offender and approved by the court.

(g) Pretrial diversion program records or records related to pretrial diversion program admission, with the exception of the statement of the applicant concerning his or her involvement in the crimes charged or other crimes, shall not be admissible in subsequent proceedings, criminal or civil, unless a court of competent jurisdiction determines there is a compelling public interest in disclosing the records. Communications between pretrial diversion program counselors and offenders shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest in disclosing the communication.

(h) The district attorney and the presiding judge may establish a Restorative Justice Initiative within the judicial circuit for any case in the circuit or district court. The guidelines, rules, and mechanisms for such an initiative shall be promulgated by the Alabama Office of Prosecution Services and the Administrative Office of Courts.

(i) After any violation of any pretrial diversion program terms or conditions or upon any breach of any program agreement by the offender, the district attorney shall notify the court, and the district attorney may do any of the following:

(1) Terminate the offender from the pretrial diversion program.

(2) Require the adoption of a new agreement as a condition of continued participation.

(3) Continue with the agreement with or without modification.
Ala. Code § 12-15-128 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-128
Section 12-15-128 Authority and Criteria for Continuation of Detention or Shelter Care of Children Taken into Custody
Status: in_force

(a) An allegedly delinquent child, dependent child, or child in need of supervision lawfully taken into custody shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody, and control of the parent, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child, unless the juvenile court or juvenile court intake officer, subject to the limitations in Section 12-15-208, finds any of the following:

(1) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.

(2) The release of the child would present a clear and substantial threat of a serious nature to the person or property of others and where the child is alleged to be delinquent.

(3) The release of the child would present a serious threat of substantial harm to the child.

(4) The child has a history of failing to appear for hearings before the juvenile court.

(5) The child is alleged to be delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, in which case the child may be detained in a juvenile detention facility until the hearing required by Section 12-15-207. “Pistol” as used in this section shall be as defined in Section 13A-11-70. “Short-barreled rifle” and “short-barreled shotgun” as used in this section shall be as defined in Section 13A-11-62.

(b) The criteria for continuing the allegedly delinquent child or child in need of supervision in detention or shelter or other care, or for continuing the allegedly dependent child in shelter or other care, as provided in subsection (a) shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending juvenile court disposition and those criteria shall be supported by clear and convincing evidence in support of the decision not to release the child.

(c)(1) In releasing a child, a juvenile court or the juvenile court intake officer may impose restrictions on the travel, association, or place of abode of the child or place the child under the supervision of a department, agency, or organization agreeing to supervise him or her, and may place the child under supervision such as electronic or telephone monitoring, if available. A child, once placed in detention, may also be released pursuant to the same conditions should there be a need to release the child from a juvenile detention facility because of an overcrowded population.

(2) The Board of Pardons and Paroles or any other state agency may electronically monitor an alleged delinquent child released pursuant to this section when the alleged delinquent act would be classified as any of the following if committed by an adult:

a. A Class A felony.

b. A Class B felony.

c. A Class C felony in which a dangerous instrument or deadly weapon, as defined in Section 13A-1-2, was used or attempted to be used in the commission of the felony.

(3) The Board of Pardons and Paroles or any other state agency shall use electronic monitoring for any alleged delinquent child released pursuant to this section who has been adjudicated or convicted of any three or more prior offenses that would be classified as felonies if committed by an adult.
Ala. Code § 12-18-157 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-157
Section 12-18-157 Cancellation of Survivor Allowance
Status: in_force

Any member of the plan who is retired and who has selected a survivor option may cancel the survivor allowance payable to his or her designated beneficiary. Such election shall be in accordance with the rules and regulations prescribed by the Board of Control and once made by the member shall be irrevocable. Any member who so elects to cancel a survivor allowance shall designate such new beneficiary as he or she shall nominate to receive a pro rata payment for the number of days the member shall live during the month of his or her death. Any cancellation of a survivor allowance under the provisions of this section shall be irrevocable by the member and payment of the pro rata amount for the number of days the member lives during the month of his or her death shall be in lieu of any other benefits heretofore payable.
Ala. Code § 12-17-118 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-118
Section 12-17-118 Recopying of Records
Status: in_force

The register, deeming it necessary to recopy any books in his office in order to secure their contents from damage or loss, shall submit the same to the examination of the county commission, and the county commission, if it deems such recopy necessary, shall, upon the minutes of the county commission, order the same to be made; and the register shall make the same in good and substantial books.
Ala. Code § 12-17-227.9 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.9
Section 12-17-227.9 Management and Supervision of Plan; Rulemaking Authority
Status: in_force

The District Attorneys’ Plan shall be under the management and supervision of the Employees’ Retirement System as a component of the Judicial Retirement Fund, with all contributions to the plan deposited and held in the same manner as contributions to the Judicial Retirement Fund. The Employees’ Retirement System may adopt rules and regulations as necessary to implement the plan.
Ala. Code § 12-2-31 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-31
Section 12-2-31 Provision for Compilation and Tabulation of Reports and Information Supplied to Office
Status: in_force

The Chief Justice shall have the reports and information supplied to his office as provided by law, tabulated and compiled so as to furnish information as to the administration of justice, the workings and operation of the courts and the amount of business pending, performed or dispatched in the several courts of the state. Such reports and information shall be tabulated by counties and circuits.
Ala. Code § 12-22-198 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-198
Section 12-22-198 Appeals from Denial of Petition or Where Parts of Record Ordered Transcribed Deemed Inadequate
Status: in_force

(a) Any defendant or petitioner who has filed a petition under the provisions of this division and which petition is denied by the trial court, or if parts of the record ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant or petitioner may, within 10 days from the order of the trial court, file a notice of appeal with the clerk of the trial court from the order denying the petition or from the order deemed inadequate in specifying the parts of the transcript of the evidence to be forwarded to the appellate court on appeal, and such notice of appeal shall specify with particularity wherein the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals in cases wherein the punishment is 20 years or less and to the Supreme Court in cases where the punishment exceeds 20 years, the file of the trial court in said proceedings to obtain a transcript and record containing the petition and reports made in writing to the court, the court reporter’s estimate of the cost of the transcript, the estimate of the clerk of his fees incident to an appeal, a certified copy of the order or orders entered by the trial court and other relevant papers pertaining to the petition, together with an opinion or statement of the trial court, as the trial court shall deem necessary. Upon receipt of said court file by the Court of Criminal Appeals or the Supreme Court, such court shall proceed to determine the matter of whether or not a transcript of the evidence and a complete record on appeal should be ordered, prepared and filed and paid for as provided for in this division and shall enter such judgment as in its opinion should have been entered below, or such appellate court may remand such proceedings to the trial court for further proceedings as said appellate court may deem proper.

(b) Such proceedings in the appellate court shall be docketed and filed as other appeals and shall be considered and disposed of without delay. The defendant filing said petition in the trial court shall have the right to file such brief and argument as he so desires; and, in like manner, the state may file such brief and argument. There shall be no costs or charges attending said appeals.
Ala. Code § 12-23-6 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-6
Section 12-23-6 Authority of Courts to Refer Defendants to Education And/Or Treatment Program
Status: in_force

In order to effect the purposes of this chapter, all courts exercising jurisdiction over alcohol and drug related offenses shall be authorized to refer a defendant to a court referral program for evaluation and referral to an appropriate education and/or treatment program. At a minimum, every defendant who is not referred directly to drug or alcohol treatment shall be required to complete an alcohol and drug education program certified by the Administrative Office of Courts.
Ala. Code § 12-16-214 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-214
Section 12-16-214 Legislative Findings; Desirability of Secrecy
Status: in_force

The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such proceedings remain inviolate. The provisions of this division are to be construed for the accomplishment of this purpose and to promote the following:

(1) That grand juries have the utmost freedom in their discussions, deliberations, considerations, debates, opinions and votes without fear or apprehension that the same may be subsequently disclosed, or that they may be subject to outside pressure or influence or injury in their person or property as a result thereof.

(2) That those persons who have information or knowledge with respect to the commission of crimes or criminal acts be encouraged to testify freely and truthfully before an appropriate grand jury without fear or apprehension that their testimony may be subsequently disclosed, or that they may be subject to injury in their person or property as a result thereof.

(3) That those persons who have committed criminal acts or whose indictment may be contemplated not escape or flee from the due administration of justice.

(4) That those persons falsely accused of criminal acts are not subject to public scrutiny or display and their otherwise good names and reputations are left intact.
Ala. Code § 12-17-274 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-274
Section 12-17-274 Compensation; Cost-of-Living and Merit Increases
Status: in_force

(a) An official court reporter shall be paid a salary by the state in an amount as shall be established by law, to be paid as other state employees are paid.

(b)(1) In addition to the salary paid by the state, each official court reporter shall be paid a salary by the counties composing the circuit in an amount as shall be established by law.

(2) In circuits composed of more than one county, each county shall pay its pro rata part thereof, based on the assessed tax valuation of all property in the county for the preceding year.

(3) The payments shall be made in favor of the official court reporter for the respective amounts due by the several counties each month and shall be paid by the treasurer of each county out of the general fund.

(c) This section shall not be construed to repeal or amend any local law, special law, general law, or general law of local application providing extra allowances, compensation, or expenses, for any official court reporter paid from the funds of any county or counties.

(d)(1) Beginning on October 1, 2018, the state salary of an official court reporter not covered by the Merit System of the State of Alabama shall conform to the pay scale established by the State of Alabama Personnel Department Pay Plan for state employees.

(2) An official court reporter serving on October 1, 2018, shall receive a salary equivalent to step 8 of pay grade 77.

(3) An official court reporter employed after October 1, 2018, shall receive a salary equivalent to step 1 of pay grade 77.

(e) An official court reporter shall be entitled to any cost-of-living adjustments given to all state employees and shall also be entitled to any merit raises given to Unified Judicial System employees after March 1, 2018.

(f) In the event of a break in service of an official court reporter paid under the pay scale established by the State of Alabama Personnel Department Pay Plan for state employees, should the official court reporter return to service, the official court reporter shall return to service under the same grade and step in effect at the separation date of the official court reporter.
Ala. Code § 12-17-189 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-189
Section 12-17-189 Suspension from Office - Appointment and Compensation of District Attorney Pro Tem
Status: in_force

When any district attorney is suspended, the court shall appoint a district attorney pro tem, who shall perform the duties of the office of district attorney and receive $25.00 per day while engaged in court, to be paid on the warrant of the Comptroller drawn on the treasurer, the clerk of the court having first certified to the Comptroller in writing the number of days such district attorney pro tem was engaged in court, from such appointment until the original order suspending the district attorney shall be set aside.
Ala. Code § 12-15-109 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-109
Section 12-15-109 Issuance of Orders to Parents for Payment of Court Costs, Fees of Attorneys, and Expenses for Support, Treatment of Children Under the Jurisdiction of the Juvenile Court Pursuant to This Chapter; Manner of Payment; Proceedings Upon Failure of Parents to Pay Amounts Directed
Status: in_force

If, after making a parent, or other person legally obligated to care for and support a child, a party to the action pursuant to this chapter and the Alabama Rules of Juvenile Procedure and after a hearing, the juvenile court finds that the parent or other person is financially able to pay all or part of the court costs, as provided by law, attorney fees, and expenses with respect to examination, treatment, care, detention, or support of the child incurred from the commencement of the proceeding in carrying out this chapter, the juvenile court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to those to whom compensation is due. If the child shall have an estate in the hands of a legal guardian, conservator, or trustee, the legal guardian, conservator, or trustee may be required to pay in a like manner. The juvenile court shall also order the parent or other person legally obligated to care for and support the child to apply for insurance and Medicaid. If the parent or other legally obligated person willfully fails or refuses to pay the sum, the juvenile court may proceed against him or her for civil or criminal contempt or both, and the order may be filed and shall constitute a civil judgment.
Ala. Code § 12-21-10 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-10
Section 12-21-10 Division Cumulative as to Proof of Documents or Records
Status: in_force

The mode or manner of authenticating or proving any documents or records provided for in this division shall not be held to be exclusive or restrictive, but shall be additional or cumulative modes or manners of authentication or proof of such records and documents.
Ala. Code § 12-16-87 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-87
Section 12-16-87 Summoning of Persons for Jury by Sheriff, Etc., with Intent to Produce Result Favorable to Party in Action Before Court
Status: in_force

Any sheriff or other officer having a discretion in summoning jurors who summons any person with intent to produce a result favorable to any party having a case in the court in which such person is summoned shall, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.
Ala. Code § 12-19-254 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-254
Section 12-19-254 Disposition of Unexpended and Unencumbered Balance in Fund at Close of Fiscal Year
Status: in_force

Any unexpended and unencumbered balance remaining in the Fair Trial Tax Fund at the close of the state fiscal year shall not revert to the General Fund of the state but shall be retained in the “Fair Trial Tax Fund” and may be used in future years for the payment of appointed counsel or maintenance of public defenders’ offices.
Ala. Code § 12-14-7 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-7
Section 12-14-7 Courts to Take Judicial Notice of Ordinances of Municipality
Status: in_force

A municipal court shall take judicial notice of the ordinances of the municipality in which it sits.
Ala. Code § 12-25-11 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-11
Section 12-25-11 Cooperation with Commission
Status: in_force

Agencies of the state government shall cooperate with the commission as necessary for the commission to carry out its responsibilities. Upon the request of the commission, each agency and department of the state shall make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the commission in the execution of its functions without cost to the commission. The commission shall have access to all offender records maintained by other state departments and agencies, including, but not limited to, the Department of Corrections, the Board of Pardons and Paroles, the Administrative Office of Courts, and the Alabama Criminal Justice Information Center. All offender information received by the commission shall remain subject to the confidentiality requirements of the department or agency providing the information. The commission, however, may release non-identifying offender information for statistical and analysis purposes. When possible, information shall be provided to the commission electronically.
Ala. Code § 12-22-6 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-6
Section 12-22-6 Judgments on Applications for Remedial Writs
Status: in_force

Appeals may be taken to the appropriate appellate court from the judgment of the circuit court on application for writs of certiorari, supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation of an issue upon appeal taken after a final determination of the case.
Ala. Code § 12-13-18 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-18
Section 12-13-18 Failure of Clerk, Etc., to Deliver Books, Papers, Money, Etc., to Successor of Probate Judge
Status: in_force

Any clerk or person in the office of the probate judge who obtains possession of the books, papers, money or property belonging or appertaining to such office pending a vacancy therein and who fails or refuses on demand to deliver such books, papers, money or property to the lawfully qualified successor of the probate judge must, on conviction, be fined not less than $200.00.
Ala. Code § 12-17-23 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-23
Section 12-17-23 Presiding Judges - How Selected
Status: in_force

The presiding judge of a circuit shall be elected by a majority vote of circuit judges in the circuit. In the event of the failure of any judge to receive a majority vote, the Supreme Court shall provide by rule for selection of the presiding judge.
Ala. Code § 12-17-180 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-180
Section 12-17-180 When Elected; Term of Office
Status: in_force

At the general election held on the first Tuesday after the first Monday in November, 1980, and every six years thereafter, there shall be elected a district attorney for every judicial circuit in this state, who shall hold office for the term of six years and until his successor is elected and qualified.
Ala. Code § 12-25-9 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-9
Section 12-25-9 Duties
Status: in_force

The commission shall have the following responsibilities:

(1) To review state sentencing structure, including laws, policies, and practices, and recommend changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish the purposes and objectives of this article.

(2) To review the overcrowding problem in county jails, with particular emphasis on funding for the county jails and the proper removal of state prisoners from county jails pursuant to state law and state and federal court orders, and to make recommendations for resolution of these issues to the Governor, Legislature, Attorney General, and Judicial System Study Commission before the 2002 Regular Legislative Session.

(3) To make recommendations to the Governor, Legislature, Attorney General, and Judicial System Study Commission concerning the enactment of laws relating to criminal offenses, sentencing, and correctional or probation matters.

(4) To publish an annual report and other reports as the chair deems necessary.

(5) To serve as a clearinghouse for the collection, preparation, and dissemination of information on sentencing practices.

(6) To maintain and make available for public inspection records of actions taken by the commission.
Ala. Code § 12-17-146 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-146
Section 12-17-146 Return of Contributions to Other Plans
Status: in_force

(a) All contributions of circuit clerks or registers heretofore made to county or state supernumerary or retirement funds shall be refunded to the contributor if election is made to come within the supernumerary plan set out in this division.

(b) When an active circuit clerk or register has been granted a refund of his or her contributions to a county supernumerary program and has cancelled membership in the program as provided in subsection (a), the circuit clerk or register may purchase up to 10 years of prior service credit in the state circuit clerks or registers supernumerary program for prior service as a county tax collector. Credit for the prior service in the state supernumerary program shall be granted when the purchaser pays to the circuit clerks or registers supernumerary fund prior to October 1, 2000, the full cost of the prior service credit as actuarially determined by the Administrative Office of Courts.
Ala. Code § 12-21-36 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-36
Section 12-21-36 Certified Copies of Surveyor General’s Books, Etc
Status: in_force

The books, maps and field notes of the surveyor general of the United States for the State of Alabama deposited in the office of the Secretary of State are public archives of the state; and the Secretary of State must, upon the application of any person, furnish certified copies, which must be received in evidence in any court.
Ala. Code § 12-19-74 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-74
Section 12-19-74 Circuit and District Court Fee for Service of Witness Subpoenas
Status: in_force

(a) In civil cases in circuit court and district court, for the issuance of witness subpoenas a fee of twelve dollars ($12) shall be collected for each subpoena. Subpoena fees shall be paid at the time the subpoena is requested unless the court has approved an affidavit of substantial hardship on behalf of the party requesting the subpoena(s).

(b) Seven dollars fifty cents ($7.50) of each subpoena fee collected in civil cases in circuit and district court shall be distributed to the county general fund and four dollars fifty cents ($4.50) shall be distributed to the State General Fund, one dollar fifty cents ($1.50) of which shall be for judicial and public safety functions
Ala. Code § 12-2-34 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-34
Section 12-2-34 Ordering of Attendance of District Attorneys at Special Sessions of Courts, Etc
Status: in_force

The Chief Justice shall direct and order in the same manner the attendance of any district attorney upon any regular, adjourned or special session of the court for the prosecution of any criminal case or the prosecution or defense in any case in which the state or any county thereof is interested at any regular, adjourned or special session of court or to attend upon any preliminary trial or application for bail or habeas corpus either in or out of his circuit.
Ala. Code § 12-16-225 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-225
Section 12-16-225 Penalties
Status: in_force

Any person violating the provisions of Sections 12-16-215 through 12-16-218 of this division, shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, or fined not more than $5,000.00, or both.
Ala. Code § 12-15-143 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-143
Section 12-15-143 Violations of Orders Punished as Contempt; Willful Conduct Rendering Violator Responsible for Court Costs and Attorney Fees
Status: in_force

(a) Any person violating an order of protection or restraint shall be punishable for contempt of court, as in other cases, and upon a finding of willful conduct, shall be responsible for the payment of court costs and attorney fees incurred by any person in seeking enforcement of the order.

(b) Any person may also be charged with a willful violation of a protection order pursuant to subsection (c) of Section 30-5A-3.
Ala. Code § 12-18-152 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-152
Section 12-18-152 Scope and Application of Plan; Contributions
Status: in_force

(a) Every judge or clerk first elected or appointed to his or her position on or after November 8, 2016 who is not a member of the Judicial Retirement Fund or Clerks’ and Registers’ Supernumerary Fund on November 7, 2016 shall come under this article by operation of law. The plan shall not include any judge or clerk who is a member of the Judicial Retirement Fund or Clerks’ and Registers’ Supernumerary Fund prior to November 8, 2016, regardless of the type of judgeship position held. Each judge or clerk shall contribute to the fund eight and one-half percent (8.5%) of his or her annual salary or base sum as provided in Section 12-18-82. The percentages shall be deducted by the employer from each judge’s or clerk’s salary and paid into the fund in the State Treasury and credited to the individual account of the judge or clerk from whose salary it was deducted.

(b) On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the annual salary of each member to be the employer’s contribution. The percentage rate of such contribution shall be fixed for each fiscal year on the basis of the liabilities as shown by the last annual actuarial valuation, and such percentage rate as established by such valuation shall take effect the following October 1 and continue in effect for the fiscal year.
Ala. Code § 12-5-10.1 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-10.1
Section 12-5-10.1 Annual Report
Status: in_force

(a) The Administrative Office of Courts shall provide the following statistics for each fiscal year by circuit as provided in subsection (b):

(1) Number of civil cases filed broken down by category.

(2) Number of civil cases resolved via a motion to dismiss or voluntary dismissal.

(3) Number of civil cases resolved via a motion for summary judgment.

(4) Number of civil cases in which a jury is empaneled.

(5) Number of civil cases tried to a jury verdict.

(6) Number of criminal cases filed broken down by type of offense.

(7) Number of total criminal counts filed broken down by type of offense.

(8) Number of criminal cases resolved via dismissal.

(9) Number of criminal cases resolved via plea agreement.

(10) Number of criminal cases resolved via some form of pre-trial diversion or alternative resolution program.

(11) Number of criminal cases in which a jury is empaneled.

(12) Number of criminal cases tried to a jury verdict.

(13) Number of juvenile cases filed broken down by dependency and delinquency.

(14) Number of juvenile cases resolved.

(15) Number of domestic cases filed broken down by category.

(16) Number of domestic cases resolved.

(17) Number of probate cases appealed to the circuit court.

(18) Any other information or data deemed relevant by the Alabama Supreme Court.

(b) The information required in subsection (a) shall be provided to all of the following by January 15 of each year:

(1) The Speaker of the House of Representatives.

(2) The President Pro Tempore of the Senate.

(3) The chair of the Senate Finance and Taxation, General Fund Committee.

(4) The chair of the House Ways and Means General Fund Committee.

(5) The chair of the Senate Judiciary Committee.

(6) The chair of the House Judiciary Committee.

(7) The Legislative Fiscal Officer.

(8) The chair of the Legislative Council.

(9) The vice chair of the Legislative Council.

(10) The Senate Minority Leader.

(11) The House Minority Leader.
Ala. Code § 12-16-208 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-208
Section 12-16-208 Replacement of Foreman
Status: in_force

If the foreman of a grand jury is discharged or excused for any cause after the jury is sworn or charged, the court may appoint one of the other jurors in his place.
Ala. Code § 12-23-9 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-9
Section 12-23-9 Department of Mental Health to Develop Policies and Procedures; Certification
Status: in_force

The Department of Mental Health shall develop policies and procedures which shall be followed in the treatment of offenders. These programs shall be certified by the Alabama Department of Mental Health or the Joint Commission on Accreditation of Health-care Organizations (JCAHO).
Ala. Code § 12-17-213 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-213
Section 12-17-213 Qualifications for Supernumerary Status - 60 Years of Age with Certain Service Requirements; 18 Years of Service with Certain Service Requirements
Status: in_force

(a) Any individual now serving or having formerly served as a district attorney of a judicial circuit of Alabama who has served for not less than 18 years, when he or she has reached the age of 60 years, may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor, and time served as judge of a court of record or a county court, a county solicitor or any other countywide elected official, a full-time deputy or assistant district attorney, or a licensed attorney employed full time by the State of Alabama, whether commissioned or appointed, or as an elected constitutional officer or other state official, shall be counted as time served toward accumulating the above required 18 years; provided, that the district attorney shall have served not less than 10 years as district attorney of a judicial circuit.

(b) Any district attorney of a judicial circuit who has served 18 years as circuit district attorney may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor, and only two and one-half years served as judge of a court of record or a county court, a county solicitor, a full-time deputy or assistant district attorney, or a licensed attorney employed full time by the State of Alabama, whether commissioned or appointed, or as an elected constitutional officer or other state official, may be counted as time served toward accumulating the above required 18 years.

(c) On October 1, 2021, any individual who was elected or appointed as a district attorney prior to November 8, 2016, and held office as a district attorney through or after January 1, 2019, may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor. Prior time served as a judge of a court of record, a full-time deputy or assistant district attorney, a licensed attorney employed full time by the State of Alabama, or a district attorney shall be counted as time served toward accumulating the 18 years required in this section.

(d) Notwithstanding Section 36-27-16, any district attorney who qualifies under this division to receive a salary pursuant to Section 12-17-215 and also qualifies to receive a pension under any of the Retirement Systems of Alabama, at the time of separation from state service, may receive a salary under Section 12-17-215 and a pension by filing a written declaration with the Governor and the applicable retirement system, provided that applicable time and credit are based on separate years of service. This subsection shall not prohibit survivor benefits that may be available under any of the Retirement Systems of Alabama.

(e) A supernumerary district attorney who is receiving a salary pursuant to Section 12-17-215 may also be employed by, or perform duties in any capacity, including as an independent contractor for, any employer participating in the Employees’ Retirement System; provided, however, the supernumerary district attorney’s compensation from the employer in a calendar year may not exceed the salary limitation described and calculated pursuant to Section 36-27-8.2(a).
Ala. Code § 12-14-50 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-50
Section 12-14-50 Municipal Court Administrative Agency Authorized; Powers and Duties Thereof; Persons Deemed Officials of Agency; Judicial Powers Thereof Generally
Status: in_force

The municipal court may have under its supervision a municipal court administrative agency empowered to provide expeditious service in connection with administrative adjudication of ordinance violations, the handling of uniform traffic tickets and complaints, the issuance of arrest warrants and other powers provided by law.

The personnel designated by the judge or judges of the municipal court for the accounting of uniform traffic tickets or complaints and magistrates shall be considered as officials of such administrative agency.

Such officials shall be vested with judicial power reasonably incident to the accomplishment of the purposes and responsibilities of the administrative agency.
Ala. Code § 12-2-111 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-111
Section 12-2-111 Salary
Status: in_force

The salary of the deputy clerk shall be fixed under the provisions of the merit system as attorney III and shall be payable out of the State Treasury as the salaries of other state officers are paid.
Ala. Code § 12-18-4 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-4
Section 12-18-4 Entitlement to Retirement and Receipt of Pension of Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts Generally; Retirement Order
Status: in_force

Every justice of the Supreme Court, judge of one of the courts of appeals or judge of a circuit court of the state who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension as hereinafter provided. Such retirement shall be on order of the Board of Control of the Judicial Retirement Fund and upon the request of the member to be retired or on an order signed by a majority of the members of the Supreme Court.
Ala. Code § 12-21-81 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-81
Section 12-21-81 Definitions
Status: in_force

In this subdivision:

(1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

(2) “Law” includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.

(3) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(4) “Sign” means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(5) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(6) “Sworn declaration” means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.

(7) “Unsworn declaration” means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Ala. Code § 12-17-120 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-120
Section 12-17-120 Payment of Money to Successor
Status: in_force

The register, having in his hands at the expiration of his official term any money held by him subject to the further order or judgment of any court, shall, on demand of his successor in office, pay the same to him and, upon such payment, shall be discharged from further liability therefor.
Ala. Code § 12-21-166 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-166
Section 12-21-166 Confidentiality of Communications with Clergymen
Status: in_force

(a) As used in this section, unless a contrary meaning is clearly intended from the context in which the term appears, the following terms have the respective meanings hereinafter set forth and indicated:

(1) CLERGYMAN. Any duly ordained, licensed or commissioned minister, pastor, priest, rabbi or practitioner of any bona fide established church or religious organization and shall include and be limited to any person who regularly, as a vocation, devotes a substantial portion of his time and abilities to the service of his respective church or religious organization.

(2) LEGAL OR QUASI-LEGAL PROCEEDINGS. Any proceeding, civil or criminal, in any court, whether a court of record, a grand jury investigation, a coroner’s inquest and any proceeding or hearing before any public officer or administrative agency of the state or any political subdivision thereof.

(b) If any person shall communicate with a clergyman in his professional capacity and in a confidential manner (1) to make a confession, (2) to seek spiritual counsel or comfort, or (3) to enlist help or advice in connection with a marital problem, either such person or the clergyman shall have the privilege, in any legal or quasi-legal proceeding, to refuse to disclose and to prevent the other from disclosing anything said by either party during such communication.
Ala. Code § 12-21-105 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-105
Section 12-21-105 Certificate of Notary, Etc., as to Presentment for Acceptance, Etc., of Instrument Governed by Commercial Law
Status: in_force

The certificate of a notary public under his hand and seal of office or of any other authorized person under his hand and seal of the presentment for acceptance or demand of payment or protest for nonacceptance or nonpayment of any instrument governed by the commercial law or of service of notice of such presentment, demand or protest and the mode of giving the same and the reputed place of residence of the party to whom the same was given and the post office nearest thereto is evidence of the facts contained in such certificate.
Ala. Code § 12-19-53 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-53
Section 12-19-53 Entry of Judgment for Costs When Judgment in Action Entered Against Nominal Plaintiff
Status: in_force

When judgment is entered against the plaintiff in any action brought in the name of a nominal plaintiff for the use of another, judgment for costs must be entered against the beneficiary or his personal representative.
Ala. Code § 12-17-293 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-293
Section 12-17-293 Appropriation for Salaries
Status: in_force

There is appropriated out of any funds in the State Treasury not otherwise appropriated such sum or sums as may be necessary to pay the salaries of supernumerary circuit court reporters provided for and commissioned under this division.
Ala. Code § 12-22-222 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-222
Section 12-22-222 Stay of Proceedings on Judgment; Admission of Defendant to Bail; Proceedings on Failure to Appear
Status: in_force

(a) If the defendant is in the custody of the sheriff and the order allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being served with the clerk’s certificate that the order has been filed and with a copy of the order, keep and detain the defendant in his custody, without executing the sentence which may have been passed on his conviction, to abide the judgment that may be entered on the writ of error.

(b) If the conviction is for an offense which is not punished capitally or by imprisonment for a term not exceeding 10 years, the judge or court must also direct the clerk of the court in which conviction was had to admit the defendant to bail in a sum which may be prescribed by the court, with sufficient sureties, conditioned for his appearance at the next session of the court in which the conviction was had and, from session to session thereafter, to abide such judgment as may be entered on the writ of error.

(c) If the defendant fails to appear according to the undertaking, a writ of arrest must be issued and the same proceedings be thereon had as are prescribed by Sections 12-22-244 and 12-22-245, and the same proceedings must be had on the forfeited undertaking as on the forfeiture of other undertakings of bail in said court.
Ala. Code § 12-21-162 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-162
Section 12-21-162 Witness Convicted of Crime
Status: in_force

(a) No objection must be allowed to the competency of a witness because of his conviction for any crime, except perjury or subornation of perjury.

(b) As affecting his credibility, a witness may be examined touching his conviction for a crime involving moral turpitude, and his answers may be contradicted by other evidence.
Ala. Code § 12-5-13 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-13
Section 12-5-13 Coordination of Functions and Duties of Administrative Personnel of Trial Courts or Local Court Systems; Transfer and Direction of Expenditure of Moneys Appropriated to Certain State Agencies and Courts
Status: in_force

(a) In connection with the administration of justice within trial courts or within local court systems, the Administrative Director of Courts shall coordinate the functions and duties of administrative personnel, including court administrators and court administrative aides to judges, so that the overall administration of justice may function with efficiency and cooperation.

(b) The Administrative Director of Courts is authorized to direct the expenditure of moneys appropriated to the Administrative Director of Courts, Administrative Office of Courts, Department of Court Management or to any account for trial courts, circuit courts or district courts for any and all functions or projects directly or indirectly affecting the operation of any court, the administration of justice or continuing education for judges and court-supportive personnel and may transfer moneys appropriated for such office, department or accounts to any one or more of such other accounts, office or department.
Ala. Code § 12-16-212 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-212
Section 12-16-212 Examination of Witnesses Before Grand Jury in Gaming and Lottery Cases
Status: in_force

Witnesses before the grand jury, summoned to give evidence of any violation of the laws against gaming or lotteries, may be required to answer generally as to any such offense, within their knowledge, committed within the 12 months next preceding, without being first specially interrogated as to any particular offense; but no witness must be prosecuted for any offense as to which he testified before the grand jury, and any member of the grand jury may be a witness to prove that fact.
Ala. Code § 12-21-92 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-92
Section 12-21-92 Secretary of State’s Publication of Foreign Interest Rates
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 12-23A-9 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-9
Section 12-23A-9 Functions of Administrative Office of Courts
Status: in_force

(a) The Administrative Office of Courts shall adopt policies and procedures regarding best practices in the planning, implementation, and development of accountability courts statewide.

(b) AOC shall provide state-level coordination and support for accountability court judges and their programs and operate as a liaison between accountability court judges and other state-level agencies providing services to or benefiting from accountability court programs.

(c) The Administrative Director of Courts shall provide a statewide report each year during the regular legislative session to the Alabama Supreme Court, Legislature, and Governor. The report shall include a synopsis of information or data necessary to determine the impact, utility, and cost-effectiveness of its implementation and ongoing operation.
Ala. Code § 12-17-232 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-232
Section 12-17-232 Appointment, Tenure, Compensation and Duties of Executive Director
Status: in_force

The Executive Committee of the Alabama District Attorneys Association shall appoint the executive director, shall fix the conditions of employment and tenure in office, and shall be responsible for the efficient discharge of his or her duties, all in accordance with the constitution and bylaws of the association. The executive committee shall fix the salary of the executive director within the total sum of funds available from all sources, but limited to federal grants, dues, contributions, gifts, and the funds described in Section 12-17-233. The executive director shall, with the advice and consent of the executive committee, employ persons within the total sum of moneys available from all sources, but limited to federal grants, dues, contributions, gifts, and the funds described in Section 12-17-233, fix their conditions of employment and tenure in office and shall be responsible for the efficient discharge of their duties.
Ala. Code § 12-17-311 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-311
Section 12-17-311 Number and Compensation
Status: in_force

The number of bailiffs and the rate of compensation for each bailiff shall be established and fixed by the Administrative Director of Courts upon recommendation of the presiding circuit judge.
Ala. Code § 12-11-33 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-33
Section 12-11-33 Cases of Which Circuit Courts Take Cognizance in Equitable Matters
Status: in_force

Circuit courts, when exercising equitable jurisdiction, must take cognizance of the following cases:

(1) When the defendants reside in this state.

(2) Against nonresidents, when the object of the action concerns an estate of, lien or charge upon lands or the disposition thereof, or any interest in, title to, or encumbrance on personal property within this state, or where the cause of action arose, or the act on which the civil action is founded was to have been performed in this state.

(3) In such other cases as such courts are by law required to take jurisdiction.
Ala. Code § 12-21-244 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-244
Section 12-21-244 Subpoena of Witnesses - Trial Appearance
Status: in_force

(a) No subpoena must be issued in a criminal case unless the defendant is in custody or has given bail to answer the charge.

(b) If the defendant is in custody or has given bail to answer the charge, it is the duty of the clerk of the court in which the prosecution is pending, on his application, to issue subpoenas for such witnesses as he requires.

(c) The clerk must also issue subpoenas for all witnesses on the part of the state whose names are so marked on the indictment, if any, and for such other witnesses as the district attorney may direct him to summon.

(d) It is the duty of clerks of the district and circuit courts to subpoena witnesses in cases set for trial to the day fixed for such trial.
Ala. Code § 12-18-13 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-13
Section 12-18-13 Construction of Article
Status: in_force

The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith.
Ala. Code § 12-15-136 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-136
Section 12-15-136 Proceedings for Sealing Legal and Social Files and Records of Courts, Pertaining to Certain Persons and Effect Thereof
Status: in_force

(a) On motion of a person who has been the subject of a delinquency or child in need of supervision petition , the juvenile court may order the sealing of the legal and social files and records of the juvenile court pertaining to the person if it finds that:

(1) Two years have elapsed since the final discharge of the person from legal custody or supervision or two years after the entry of any other order of the juvenile court not involving custody or supervision; and

(2) The person has not been convicted or adjudicated delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and no proceeding is pending seeking the conviction or adjudication.

(b) The motion and the order may include the records, reports, or information specified in Section 12-15-133.

(c) Notice of the motion shall be given by the clerk of the juvenile court to all of the following:

(1) The prosecutor.

(2) The authority granting the discharge if the final discharge was from an institution, parole, or probation.

(3) The law enforcement officers, department, agency, and central depository having custody of the files and records specified in Section 12-15-133 and included in the motion.

(d) Upon the entry of the order, the proceedings in the case shall be sealed. The juvenile court, by order in an individual case, may permit inspection by or release of information in the records to any clinic, hospital, or agency which has the person under care.

(e) Any adjudication of delinquency or youthful offender or conviction of a felony or misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, subsequent to sealing shall have the effect of nullifying the sealing order.
Ala. Code § 12-11-41.1 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-41.1
Section 12-11-41.1 Transfer to Circuit Court; Remand to Probate Court
Status: in_force

(a) In any county where the judge of probate is required to be learned in the law, the administration of any estate may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at any time before a proceeding for final settlement thereof is commenced in probate court by any heir, devisee, legatee, distributee, executor, administrator, or administrator with the will annexed of the estate, without assigning any special equity. The circuit court shall remand the administration of an estate transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of an estate pursuant to this section to the probate court if the circuit court finds that any of the following apply:

(1) The circuit court has issued a final order or judgment on all contested matters pending before the circuit court in the administration of the estate and the time for an appeal of the order or judgment has expired without an appeal being filed or, if an appeal was filed, after the final adjudication of the appeal.

(2) All interested parties or their representatives request the estate administration be remanded to probate court.

(b) Nothing in subsection (a) shall prevent the administration of an estate from being removed again to the circuit court pursuant to Section 12-11-41 after the administration has been remanded to the probate court as provided above.
Ala. Code § 12-17-142 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-142
Section 12-17-142 Term of Office; Compensation; Surviving Spouse Benefits; Applicability
Status: in_force

(a) Every supernumerary official shall serve for life and shall receive an annual salary in an amount equal to 75 percent of the state salary payable to a circuit clerk on the date a circuit clerk or register becomes a supernumerary official, payable in equal installments on a twice per month basis.

(b) In the event of the death of any supernumerary official, circuit clerk or register who, at the time of his or her death, was serving as or was otherwise eligible to serve as a supernumerary official, his or her spouse shall receive benefits from the Clerks’ and Registers’ Supernumerary Fund in the State Treasury in an amount equivalent to three percent of the salary payable from the State Treasury, as prescribed by law for the position of circuit clerk, 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 he or she remarries.

(c) The provisions of subsection (a) of this section shall continue to apply only to those circuit clerks and circuit registers in active service on or after October 1, 1990. The provisions of subsection (b) of this section shall apply to circuit clerks and circuit registers who were in active service on or after January 16, 1989.

(d) Notwithstanding the provisions of subsection (b), any spouse who was appointed to serve the remainder of an unexpired term of a circuit clerk who was in active service on October 19, 1990, with at least 12 years of service, shall be eligible to receive benefits from the Clerks’ and Registers’ Supernumerary Fund in the State Treasury. The amount shall be equivalent to three percent of the salary, payable from the State Treasury as prescribed for the position of circuit clerk, for each year of service, not to exceed 30 percent of the salary. The benefits shall be payable monthly for the remainder of the spouse’s life or until the spouse remarries.
Ala. Code § 12-18-150 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-150
Section 12-18-150 Definitions
Status: in_force

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) ACCUMULATED CONTRIBUTIONS. The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the Judges’ and Clerks’ Plan, together with regular interest thereon.

(2) ACTUARIAL EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.

(3) ANNUITY. Payments for life derived from the accumulated contributions of a member. All annuities shall be payable in equal monthly installments.

(4) AVERAGE FINAL COMPENSATION. The average annual compensation of a judge or clerk with respect to which he or she had made contributions pursuant to Section 12-18-152 during the five years in his or her last 10 years of membership service for which the average is highest or during his or her entire period of membership service if less than five years.

(5) BENEFICIARY. Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this article.

(6) BOARD OF CONTROL. The board provided for in Section 36-27-23 to administer the retirement system.

(7) EMPLOYER. The State of Alabama or any department, agency, or local governing body by which a judge or clerk is paid.

(8) FUND. The Judicial Retirement Fund provided for in this chapter.

(9) JUDGE OR CLERK. Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, district judge, probate judge, or circuit clerk who is not a member of the Judicial Retirement Fund or Clerks’ and Registers’ Supernumerary Fund on November 7, 2016, and who is first elected or appointed to his or her position on or after November 8, 2016. This shall not include any judge or clerk who is a member of the Judicial Retirement Fund or Clerks’ and Registers’ Supernumerary Fund prior to November 8, 2016, regardless of when he or she is first appointed or elected to his or her judicial or clerk position.

(10) MEDICAL BOARD. The board of physicians provided for in Section 36-27-23.

(11) MEMBER. Any judge or clerk included in membership of the plan.

(12) MEMBERSHIP SERVICE. Service as a judge or clerk on account of which contributions are made.

(13) PENSION. Payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments.

(14) PLAN. The Judges’ and Clerks’ Plan provided for in Section 12-18-151.

(15) REGULAR INTEREST. Interest compounded annually at the rate determined by the Board of Control.

(16) RETIREMENT. Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this article.

(17) RETIREMENT ALLOWANCE. The sum of the annuity and the pension.

(18) RETIREMENT SYSTEM. The Employees’ Retirement System of Alabama as defined in Section 36-27-2.
Ala. Code § 12-21-136 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-136
Section 12-21-136 Oath or Affirmation for Oral Testimony
Status: in_force

The sanction of an oath, or affirmation equivalent thereto, is necessary to the reception of any oral testimony. The court may frame such affirmation according to the religious faith of the witness.
Ala. Code § 12-17-227.16 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.16
Section 12-17-227.16 Compliance with Qualification Standards
Status: in_force

The Board of Control is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the plan as may be necessary to ensure the plan’s compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
Ala. Code § 12-17-226.15 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.15
Section 12-17-226.15 Advisory Board
Status: in_force

If a district attorney establishes a pretrial diversion program under this division, the district attorney may form an advisory board within the county or judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial Diversion, for the purpose of assisting the district attorney in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final decision as to the admittance or denial of individuals into the pretrial diversion program, the fees, the guidelines of the program, and any resources the pretrial diversion program utilizes. The district attorney shall appoint all members of any advisory board and shall determine when or if it should meet. The board shall be inclusive and reflect the racial, gender, geographic, urban and rural, and economic diversity of the circuit. The advisory board shall serve without personal profit, but may be paid from the District Attorney’s Solicitor Fund for actual expenses incurred in connection with its duties.
Ala. Code § 12-16-217 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-217
Section 12-16-217 No Person to Prevent Testimony or to Induce to Withhold or Give False Testimony
Status: in_force

No person shall willfully by any means whatever, directly or indirectly, conditionally or unconditionally, obstruct, impede or prevent or attempt or endeavor to obstruct, impede or prevent any person summoned, subpoenaed or called to testify before any grand jury of this state or who may be summoned, subpoenaed or called before any such grand jury from attending or appearing before the same. Nor shall any person, by any means whatever, directly or indirectly, conditionally or unconditionally induce or coerce or attempt or endeavor to induce or coerce any such person to give any false testimony or withhold any true testimony within or before such grand juries.
Ala. Code § 12-19-211 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-211
Section 12-19-211 Tales Jurors
Status: in_force

Every person summoned for trial of a capital case under the provisions of this code or for service on a coroner’s jury and attending in obedience to the summons shall be entitled to the same per diem and mileage for their attendance as regular jurors, to be paid in the same manner. Other tales jurors are entitled to the same per diem for each day’s attendance as regular jurors receive, to be paid in the same manner.
Ala. Code § 12-25-4 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-4
Section 12-25-4 Advisory Council
Status: in_force

(a) An advisory council to the commission shall be established to advise and consult the commission on sentencing matters. The advisory council shall be composed of representatives from the various state and non-state agencies and organizations having an interest in or whose operations directly or indirectly impact upon the criminal justice system. Membership of the advisory council shall include:

(1) The Director of Public Safety, or his or her designee.

(2) The Director of the Department of Youth Services, or his or her designee.

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

(4) A police chief appointed by the Alabama Association of Chiefs of Police.

(5) A director of a community corrections program appointed by the Chief Justice.

(6) A representative of a prison ministry organization, who is not employed by the state, appointed by the Commissioner of the Department of Corrections.

(7) A rehabilitated former prison inmate appointed by the Commissioner of the Department of Corrections.

(8) Additional advisory members appointed in the numbers and manner as the commission deems advisable.

(b)(1) Appointed members of the advisory council shall serve terms of four years and may be reappointed. Members of the advisory council who serve because of their public office or position shall serve only as long as they hold the office or position.

(2) A member appointed to fill a vacancy on the advisory council that occurs before the expiration of the term of his or her predecessor shall serve only for the remainder of the term.
Ala. Code § 12-2-20 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-20
Section 12-2-20 Purposes for Which Appropriations May Be Used
Status: in_force

The Supreme Court is further authorized and empowered to use moneys or funds appropriated to it, including, but not limited to, the moneys appropriated for the administrative fund, advisory committee work and judicial education, for any judicial purposes the Supreme Court may direct, including, but not limited to, the preservation, acquisition, framing and repair of portraits, pictures, murals, photographs, resolutions and orders of the court, historical documents and archives; the publishing of books, pamphlets and other publications; the use of consultants; expenses of visiting jurists and other judicial or legally related individuals who are performing services to the courts of this state; ceremonies; and seminars and conferences pertaining to courts and the administration of justice for justices, judges and court-related personnel within or outside the state, and the clerk of said court is authorized to direct payment for all expenses connected therewith, including, but not limited to, meal meetings; provided, however, any law to the contrary notwithstanding, fees authorized by law, court rule or order for certificates, documents, and any other copies of the court records of the Supreme Court shall be paid by the Clerk of the Supreme Court into the administrative fund and shall be expended therefrom on the monthly written requisition of the chief justice as an allowance for the office of the Chief Justice not otherwise provided by law: Provided further however, such allowance shall be and is hereby limited to the amount of such fees collected and paid into said administrative fund.
Ala. Code § 12-22-5 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-5
Section 12-22-5 Final Judgment in Ad Quod Damnum Proceedings Under Condemnation Order
Status: in_force

When an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4, Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod damnum proceedings under Section 18-1-20, the judgment of the circuit court shall not be stayed if the compensation assessed is paid to the owner and the costs of the case are paid into court, or if such compensation together with the costs of the case are paid into court and the applicant has given bond in double the amount of the damages assessed, conditioned to pay to the landowner such judgment as may be finally entered in his favor.
Ala. Code § 12-19-110 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-110
Section 12-19-110 Circuit Court
Status: in_force

Regular and tales jurors serving in the circuit court in civil cases are entitled to the same fees and allowances as provided by law for criminal cases, to be evidenced and paid in the same manner.
Ala. Code § 12-19-70 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-70
Section 12-19-70 Circuit and District Court Docket Fee - Creation; Collection; Waiver and Taxation as Costs at Conclusion of Case; Findings; Notice
Status: in_force

(a) There shall be a consolidated civil filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed in circuit court or in district court.

(b) The docket fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship pursuant to the income guidelines provided in paragraphs a. and b. of subdivision (4) of Section 15-12-1. A verified statement of substantial hardship, signed by the party claiming hardship, shall be filed with the clerk of court. The accompanying pleading shall be considered filed on the date that the verified statement of substantial hardship is filed with the court. If, within 90 days of the filing, the court makes a written finding that the party claiming hardship has the resources to pay the docket fee without substantial hardship, the party shall have 30 days from the date of the written finding of the court to submit payment of the docket fee or the case shall be dismissed for lack of jurisdiction. Until such time as the plaintiff pays the docket fee, the court shall stay the proceedings and the summons or other process for service shall not issue.

(c) If, within 90 days of the filing, the court does not make a written finding that the party claiming hardship has the resources to pay the fee without substantial hardship, the hardship shall be deemed granted.

(d) If a hardship is granted pursuant to subsection (c), the party claiming the hardship shall file written notice with the clerk’s office that 90 days has passed since the time of filing the affidavit of substantial hardship. Failure of the party claiming the hardship to file the notice under this subsection shall have no effect upon the granting of the affidavit of substantial hardship or the date the accompanying pleading shall be considered filed.

(e) Pursuant to the notice requirement under subsection (d), the clerk of the court shall provide a form notice to the party filing an affidavit of substantial hardship and accompanying pleading. The notice shall be in substantially the following form:

“I, (insert name of affiant), declare that on (insert date the affidavit of substantial hardship and accompanying pleading were filed), I filed an affidavit of substantial hardship and (insert name of accompanying pleading). As of (insert 90-day expiration date), the court has not made a written finding that I have the resources to pay the fee without substantial hardship and I hereby notify the clerk of the court that my affidavit of substantial hardship is deemed granted by law.

“________________________ (Signature of Affiant)”

(f) Notwithstanding subsection (d), if the clerk of the court receives verbal or written notice from any party, the court, or other means, that a hardship has been granted pursuant to subsection (c), the clerk shall enter the notice and docket the pleading.
Ala. Code § 12-15-404 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-404
Section 12-15-404 Service of the Petition
Status: in_force

Service of the petition upon the minor or child sought to be committed and upon his or her parent, legal guardian, or legal custodian shall be as provided in this chapter for service on minors and children generally or as otherwise provided by rules of court promulgated by the Supreme Court of Alabama.
Ala. Code § 12-13-33 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-33
Section 12-13-33 Amount of Bond
Status: in_force

The official bond of the probate judge shall be determined by the use of the following table based on a percentage of the total annual collections recorded in the latest audit report for each office published at least four months prior to the date the bond is required to be filed:
Ala. Code § 12-16-1 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-1
Section 12-16-1 When Words “Jury” or “Juries” Include Court or Judge
Status: in_force

Whenever the statutes or laws of this state authorize or require the jury to ascertain or determine certain facts, to make certain findings or to fix the amount of damages, the value of property or the value of the use, hire or rent of property and a jury trial is waived or the court or judge trying the case is authorized to find and determine the facts as well as the law, then the word “jury” or “juries” shall be held to include the court or judge so trying the case.
Ala. Code § 12-2-3 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-3
Section 12-2-3 Powers of Justices - Administration of Oaths and Taking of Affidavits and Acknowledgments
Status: in_force

The Chief Justice and every associate justice of the Supreme Court of Alabama may administer any oaths and take any affidavits or acknowledgments authorized or required by law.
Ala. Code § 12-16-146 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-146
Section 12-16-146 Use of Mechanical or Electronic Data Processing Equipment for Selecting, Qualifying, Etc., Juries
Status: in_force

Any of the procedures established in Title 12, Chapter 16, governing the selecting, qualifying, drawing, summoning, and empaneling of juries (including but not limited to any one or all of the following procedures: compilation and maintenance of the master list; the combined qualification and summoning process; the selection and maintenance of the trial court jury box, including the preparation and issuance of qualification questionnaires; the drawing from the trial court jury box; the preparation of the venire list and summons; or the compilation of the master or other strike lists) may be accomplished and maintained by mechanical or electronic data processing equipment available to an individual county or to several counties, or centralized for all the counties or any combination thereof after written notice to the Administrative Director of Courts. The actual presence of any official normally required to be present shall not be required when mechanical or electronic data processing equipment is used to implement any of the foregoing procedures.

Any procedure accomplished by mechanical or electronic data processing equipment shall be performed in accordance with any random selection requirement of Title 12, Chapter 16, and shall be open to public inspection, and further, shall constitute a public drawing or selection.
Ala. Code § 12-9A-5 — Alabama Code / Title 12 / Chapter 9A / Section 12-9A-5
Section 12-9A-5 Judicial Weighted Caseload Study
Status: in_force

(a) No later than January 1, 2018, the Alabama Supreme Court shall revise the factors considered in the Judicial Weighted Caseload Study to uniformly, fairly, and accurately account for criminal cases by counts brought against a defendant.

(b) No judgeship shall be reallocated until three years of data is available after the revision of the factors considered in the Judicial Weighted Caseload Study as provided in this section.

(c) No judicial circuit shall lose more than one judgeship through allocation in a two year period.
Ala. Code § 12-5-10 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-10
Section 12-5-10 Powers and Duties of Administrative Director of Courts Generally
Status: in_force

In addition to any other duties and responsibilities that may be assigned to the Administrative Director of Courts by the Chief Justice, he shall have the following duties and authority with respect to all courts, subject to the direction of the Chief Justice:

(1) To require the filing of reports, the collection and compilation of statistical data and other information on the judicial and financial operation of the courts and on the operation of other offices directly related to and serving the courts;

(2) To determine the state of the dockets and evaluate the practices and procedures of the courts and make recommendations concerning the number of judges and other personnel required for the efficient administration of justice;

(3) To prescribe uniform administrative and business methods, systems, forms and records to be used in the offices of the clerks and registers of courts;

(4) To prepare and submit budget recommendations for state appropriations necessary for the maintenance and operation of the Unified Judicial System, with the exception of appellate courts, and to authorize expenditures from funds appropriated for these purposes as permitted or authorized by law;

(5) To investigate, make recommendations concerning and assist in the securing of adequate physical accommodations for the Unified Judicial System;

(6) To procure, distribute, exchange, transfer and assign such equipment, books, forms and supplies as are acquired with state funds or grant funds or otherwise for the Unified Judicial System;

(7) To make recommendations for the improvement of the operations of the Unified Judicial System;

(8) To prepare and submit an annual report on the work of the Unified Judicial System to the Chief Justice;

(9) To assist the Chief Justice in performing his duties relating to the transfer and assignment of justices and judges for temporary or specialized duty;

(10) To assist the Judicial Conference in its tasks;

(11) To promote, carry on and assist in programs designed to aid in the continuing education of justices, judges and other court personnel;

(12) To take necessary steps in the collection of unpaid court costs, fines and forfeitures;

(13) To serve as a liaison with the executive and legislative branches of the state government; and

(14) To perform such additional administrative duties as may be assigned by the Chief Justice.
Ala. Code § 12-12-70 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-70
Section 12-12-70 Right of Appeal and Procedure for Appeals Generally; Dismissal for Failure to Appear
Status: in_force

(a) Civil cases. Any party may appeal from a final judgment of the district court in a civil case by filing notice of appeal in the district court, within 14 days from the date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs as required by law or rule.

(b) Criminal cases. A defendant may appeal from a final judgment of the district court in a criminal or quasi-criminal case by filing notice of appeal within 14 days from the date of judgment or from the date of denial of a post-trial motion, whichever is later, together with such bond as may be fixed by the court, conditioned upon the defendant’s appearance before the circuit court; provided, however, that the court may authorize the defendant’s release on his own recognizance without any undertaking relating to or deposit of security. If the appeal is to an appellate court, the notice of appeal shall be filed within the time prescribed in the Alabama Rules of Appellate Procedure and where applicable, the Alabama Rules of Juvenile Procedure. A defendant sentenced to imprisonment shall not be released from custody pending an appeal until a cash bond is deposited or until he has given sufficient bond with surety, approved by the judge or magistrate, unless the court has authorized the release of such defendant on his own recognizance. If the appeal is to the circuit court and the defendant is not released from custody, the prosecution shall so notify the circuit clerk and the case shall be set for trial at the earliest practicable time.

(c) The state or municipality may appeal only from a judgment holding a statute or ordinance invalid.

(d) When an appeal is to the circuit court, the clerk of the district court, if separate from the clerk of the circuit court, shall forthwith file the notice of appeal, a cost bill and copies of the case file with the clerk of the circuit court. If the appeal is to an appellate court, the clerk of the district court shall follow the Alabama Rules of Appellate Procedure, and if applicable, the Alabama Rules of Juvenile Procedure.

(e) The circuit court shall, upon failure of the appellant to appear in court when the case is called for trial, unless good cause for such default is shown, enter an order dismissing the appeal and enter judgment of default on any appearance bond given in connection therewith in accordance with the procedures set out in Title 15, Article 5, Chapter 13. On motion of the defendant for good cause shown, the circuit court may, within 30 days of the date of the order of dismissal, set it aside and reinstate the appeal on such terms as the court may prescribe. If a separate district clerk’s office has been established, the circuit clerk shall, upon the expiration of 30 days from the date of an order dismissing an appeal, unless such order is set aside, deliver a copy thereof to the district court clerk.

(f) Upon receipt of notice of dismissal of an appeal based upon the defendant’s failure to appear, the district court may issue a warrant for arrest of the defendant, who may also be arrested without a warrant as an escapee. Upon arrest, the defendant shall be brought before the district court judge and punished in accordance with the judgment of the court.

(g) In addition to an involuntary dismissal as provided in subsection (e), the judge of the circuit court to which an appeal has been taken may, at the request of the defendant, enter an order dismissing the appeal, provided the defendant tenders payment of the costs and fine imposed by the district court at the time the request for dismissal is made, and provided further, that the defendant submits himself to the sheriff or, in municipal ordinance cases, to the chief of police to begin serving any sentence of imprisonment ordered by the district court. Any order dismissing an appeal, along with the fine and costs assessed by the district court and collected by the circuit court clerk pursuant to this subsection, shall be delivered to the district court clerk if a separate district clerk’s office has been established, no later than 30 days from the date the appeal is dismissed.

(h) When judgment of guilt is entered against a defendant on appeal and the sentence of the circuit court includes a term of imprisonment, commitment shall be to the appropriate municipal jail, county jail or state penitentiary. All fines imposed and costs, including those costs accruing in district court, shall be collected by the circuit clerk and distributed as provided by law.
Ala. Code § 12-17-143 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-143
Section 12-17-143 Establishment of Supernumerary Fund; Contributions Thereto
Status: in_force

Officials electing to come under the provisions of this article shall contribute to the Clerks’ and Registers’ Supernumerary Fund of the State of Alabama, which is hereby created, in amounts to be determined as follows:

(1) Circuit clerks shall contribute six percent of the total per annum state compensation for the circuit clerk in the county of residence of said clerk.

(2) Circuit registers shall contribute six percent of the total per annum state compensation for the circuit register in the county of residence of said register.

(3) The Clerks’ and Registers’ Supernumerary Fund is hereby placed under the management and control of the Employees’ Retirement System of Alabama. The Secretary-Treasurer of the Employees’ Retirement System of Alabama is charged with the responsibility for investment of the fund and for the development and maintenance of administrative procedures involving member records, benefits, investment of funds, and other administrative functions necessary to the operation of the Clerks’ and Registers’ Supernumerary Fund.
Ala. Code § 12-18-33 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-33
Section 12-18-33 Surviving Spouses’ Election to Obtain Benefits Under Provisions of Article 1 of Chapter; Payment to Judicial Retirement Fund by Surviving Spouse at Time of Election
Status: in_force

The surviving spouse of any justice or judge, active or supernumerary, who died at any time before the expiration of one year from October 1, 1976, is authorized to elect to come under the provisions of Article 1 of this chapter and obtain the benefits thereof for spouses. Such election is to be manifested in the same manner and within the same time provided in Sections 12-18-30 through 12-18-32 for the election by a supernumerary justice or judge; except, that in cases of death of justices or judges, active or supernumerary, during the last six months of the year following October 1, 1976, an election by a surviving spouse shall be made within six months from the death of the deceased justice or judge.

The surviving spouse must, at the time of making the election, pay into the Judicial Retirement Fund a sum which would equal the amount required in this article to be paid by a supernumerary justice or judge electing at the time to come under the provisions of subsection (c) of Section 12-18-10.
Ala. Code § 12-5-4 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-4
Section 12-5-4 Appointment, Duties, Etc., of Court Administrator and Assistant Court Administrator; Appointment and Compensation of Other Employees of Department
Status: in_force

The chief administrative officers of the department shall be the court administrator and the assistant court administrator. These officers shall each be appointed by and serve at the pleasure of the Chief Justice of the Alabama Supreme Court for such times as he directs on either a full-time or part-time basis, and they shall perform such duties as are prescribed by the Chief Justice.

The Chief Justice shall appoint such other employees as are needed for the efficient conduct of the business of the department, subject, however, to the provisions of the State Merit System. Their compensation shall be fixed by the Chief Justice under the provisions of the State Merit System department as the salaries of other State Merit System employees are fixed, and such salaries shall be paid at the same time and in the same manner that salaries of such other state employees are paid.
Ala. Code § 12-12-10 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-10
Section 12-12-10 Supervision of District Courts by Presiding Circuit Judges
Status: in_force

The presiding judge of each circuit shall have general supervision of the administrative operation of the district courts within the circuit, subject to rules of the Supreme Court and the administrative authority of the Chief Justice.
Ala. Code § 12-15-318 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-318
Section 12-15-318 Service of Process
Status: in_force

(a) Except as otherwise provided by the Alabama Rules of Juvenile Procedure and this section, service of process of termination of parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure.

(b) If service of process has not been completed within 45 days of the filing of the termination of parental rights petition, the petitioner shall request service by publication.

(c) Service of process by publication may not be ordered by the juvenile court unless at least one of the following conditions is met:

(1) The child who is the subject of the proceedings was abandoned in the state, or

(2) The state or private department or agency having custody of the child has established, by evidence presented to the juvenile court, that the absent parent or parents are avoiding service of process or their whereabouts are unknown and cannot be ascertained with reasonable diligence.

(d) Service shall be made by publication in a newspaper of general circulation in the county of the juvenile court having jurisdiction and in the county of the last known address of the parent or parents of the abandoned child, at least once a week for four consecutive weeks.
Ala. Code § 12-3-14 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-14
Section 12-3-14 Transfer of Cases in Court of Criminal Appeals to Supreme Court
Status: in_force

When it is deemed advisable or necessary for the proper dispatch of the business of the Alabama Court of Criminal Appeals, the Chief Justice of the Supreme Court, with the advice of the Supreme Court and the presiding judge of the Alabama Court of Criminal Appeals, may in writing designate any case in the Court of Criminal Appeals to be transferred to the Supreme Court for hearing and final determination by that court. Such written designation shall be entered upon the minutes of each of the courts, and the Clerk of the Court of Criminal Appeals shall deliver to the Clerk of the Supreme Court the transcript of the record and all other papers in the cases so designated, together with copies of any orders that may be made in any such cases by the Court of Criminal Appeals. Upon the making or entering of such designation, the jurisdiction and control of the Court of Criminal Appeals over the designated case shall cease and terminate.
Ala. Code § 12-17-80 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-80
Section 12-17-80 Circuit Clerks, Registers, and Employees in Offices Thereof to Be Paid by State
Status: in_force

Clerks and registers of the circuit court shall be paid by the state. The deputy circuit clerk serving the Bessemer cut-off division of the tenth judicial circuit shall for all purposes be deemed a circuit clerk and register and shall be elected as provided for by Section 12-17-98. Employees in the offices of the circuit clerks and registers, including employees serving district courts, shall be paid by the state beginning October 1, 1977. Employees in the offices of clerks and registers shall be paid by the county through September 30, 1977.
Ala. Code § 12-22-195 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-195
Section 12-22-195 Burden of Proof as to Sufficient Funds
Status: in_force

The burden shall be upon the convicted defendant or petitioner to satisfy the trial judge that said defendant or petitioner is without said sufficient funds and has no reasonable way to procure the same. If the trial judge is in doubt after such investigation as he deems proper, he shall deny such petition, in whole or in part, and state his reasons therefor and cause the same to be entered on the minutes of the court.
Ala. Code § 12-21-134 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-134
Section 12-21-134 Interpreters for Persons Defective in Speech And/Or Hearing - Compensation and Expenses
Status: in_force

The compensation of any interpreter who is called upon for service in any legal litigation as described in Section 12-21-131 shall be fixed at $15.00 for each day while on active call by the presiding judge, together with actual expenses incurred by said interpreter while on active call by the presiding judge. Said compensation and expenses shall be approved by the presiding judge on proper forms prescribed by the Chief Examiner of Public Accounts, and said compensation and expenses shall be paid from the general funds of the Alabama State Treasury immediately upon presentation or filing with the state Comptroller by the claimant.
Ala. Code § 12-19-276 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-276
Section 12-19-276 Provisions Cumulative
Status: in_force

The provisions of this article are cumulative and in addition to the damages which may be awarded for a frivolous appeal pursuant to Rule 38, Alabama Rules of Appellate Procedure.
Ala. Code § 12-12-52 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-52
Section 12-12-52 Receipt of Guilty Pleas by Magistrates in Prosecutions for Traffic Infractions or Boating Violations
Status: in_force

Pursuant to Section 12-17-251, magistrates may receive pleas of guilty in traffic infraction and boating violation prosecutions, but may not receive pleas in matters involving any of the following:

(1) Violations resulting in personal injury.

(2) Operation of a motor vehicle or vessel while intoxicated.

(3) Reckless driving or reckless operation of a vessel.

(4) Felonies or indictable offenses.

(5) Operation of a motor vehicle or vessel without an operator’s license or boater safety certification, as applicable, or while the license or certification is suspended or revoked.

(6) A defendant convicted of two or more previous traffic offenses or boating violations in the preceding 12 months.
Ala. Code § 12-15-121 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-121
Section 12-15-121 Form, Contents, and Execution of Juvenile Petitions
Status: in_force

(a) A juvenile petition alleging delinquency, in need of supervision, or dependency may be signed by any person 18 years of age or older, other than a juvenile court intake officer, who has knowledge of the facts alleged or is informed of them and believes that they are true. However, the person signing a dependency petition, in the petition or in an attached affidavit, shall give information, if reasonably ascertainable, as required in Section 30-3B-209.

(b) A petition shall be entitled “In the matter of _____, a child” and shall be made under oath.

(c) The petition shall set forth with specificity all of the following:

(1) The facts which bring the child under the jurisdiction of the juvenile court, the facts constituting the alleged dependency, delinquency, or need of supervision and the facts showing that the child is in need of supervision, treatment, rehabilitation, care, or the protection of the state, as the case may be.

(2) The name, age, and residence address, if known, of the child on whose behalf the petition is brought.

(3) The names and residence addresses, if known to the petitioner, of the parent, legal guardian, or legal custodian of the child. If no parent, legal guardian, or legal custodian resides or can be found within the state or if their respective places of residence are unknown, the name of any known adult relative residing within the county or, if there be none, the known adult relative residing nearest to the location of the juvenile court.

(4) The place of detention of the child and the time he or she was taken into custody, if the child in custody is alleged to be delinquent or in need of supervision.

(d) When any of the facts required by subsection (c) are not known, except the facts required by subdivision (4) of subsection (c), the petition shall so state.
Ala. Code § 12-17-272 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-272
Section 12-17-272 Special Roving Reporters
Status: in_force

Special roving reporters may be appointed and serve at the pleasure of the Administrative Director of Courts on either a part-time or full-time basis and shall perform duties at places and in such manner as prescribed by the Administrative Director of Courts. The rate of compensation of such special roving reporter shall be established by the Administrative Director of Courts. Special reporters may be employed by a circuit judge or district court judge, as the work of the court requires, subject to prior approval of the Administrative Director of Courts as to the need of such employment, length of employment, amount of compensation and use thereof. Transcript fees of special roving reporters and special reporters shall be paid at the rate set for court reporters, pursuant to Section 12-17-276. The Administrative Director of Courts shall promulgate regulations providing for use by judges of official court reporters or previously appointed special roving reporters and special reporters when these reporters are not otherwise officially engaged in order that special reporters only be appointed when official reporters and special roving reporters are not available.
Ala. Code § 12-21-90 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-90
Section 12-21-90 Official Notice of Armed Forces Death
Status: in_force

A written notice or communication purportedly from the Department of Defense, the Adjutant General of the Army, the Secretary of the Navy or other officer charged with the duty of sending such notice or communication to the effect that any person in the armed forces of our country, or serving as auxiliary thereto, is dead shall be prima facie evidence of the death of such person.
Ala. Code § 12-15-403 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-403
Section 12-15-403 Review of the Petition by the Juvenile Court
Status: in_force

(a) When at the time a petition is filed, a juvenile court shall immediately review the petition and may require the petitioner to be sworn and answer under oath questions in regard to the petition and the minor or child sought to be committed.

(b) If it appears from the face of the petition or from the testimony of the petitioner that the petition is totally without merit, the juvenile court shall order the petition dismissed without further proceedings.
Ala. Code § 12-21-301 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-301
Section 12-21-301 Notice of Intent to Offer Proof by Certificate of Analysis
Status: in_force

The party seeking to introduce a certificate of analysis shall not less than 40 days prior to the commencement of the hearing or trial, give written notice to all parties of intent to offer proof by a certificate of analysis. The notice shall include a copy of the certificate of analysis.
Ala. Code § 12-16-49 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-49
Section 12-16-49 Taxing of Cost of Summoning, Etc., Unqualified Person on Jury Roll Against Clerk or Members of Commission
Status: in_force

Whenever it appears to the court that a person’s name has been placed upon a jury roll who did not, at the time he was enrolled, possess the qualifications required by law, the court may, in its discretion, upon excusing the person from service, tax the cost of summoning the person and his attendance and excusing him against the clerk of the commission or against any one or more of the members.
Ala. Code § 12-15-302 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-302
Section 12-15-302 Venue Generally
Status: in_force

(a) Dependency proceedings shall be commenced in the county where the child resides, in the county where the child is present when the proceedings are commenced, or in the county where the acts that are the basis of the dependency petition occurred.

(b) Regardless of the county where the child currently resides, when a petition is filed seeking to modify an award of custody or visitation pursuant to an adjudication of dependency, and one of the individuals who was a party to the original proceeding still resides in the county of the juvenile court of original jurisdiction, the petition shall be filed in the juvenile court of the original jurisdiction.

(c) When a petition is filed seeking to modify an award of custody or visitation pursuant to an adjudication of dependency in which all parties to the original action, including the child, no longer reside in the county of original jurisdiction, the petition shall be filed in the county where the child resides at the time the petition is filed. The petition shall be accompanied by a certified copy of the most recent order to be modified.

(d) For purposes of this section, county where the child resides means the county in which the child and legal custodian have established legal residence or have resided for six or more months of a calendar year. This term shall not include placements by a state department or agency.
Ala. Code § 12-21-87 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-87
Section 12-21-87 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This subdivision modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Ala. Code § 12-3-13 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-13
Section 12-3-13 Quarters
Status: in_force

Suitable and adequate quarters for the holding of the sessions of the courts and for the use of the judges and other officers of the court shall be provided.
Ala. Code § 12-14-34 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-34
Section 12-14-34 Acting Municipal Judges
Status: in_force

In the event of the absence from the municipality, death, disability or disqualification of a municipal judge for any reason, the mayor of the municipality shall have the authority to designate a person, licensed to practice law in the state and a qualified elector of the state, not otherwise employed in any capacity by the municipality, to serve as acting municipal judge with all power and authority of a duly appointed municipal judge. No such acting judge may serve for more than 30 successive days or a total of 60 days in any calendar year; provided, that when the duly appointed municipal judge is disqualified pursuant to the Constitution, the time of service limitations for acting judges shall not apply during such disqualification.
Ala. Code § 12-16-6 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-6
Section 12-16-6 Duty of Court to Ascertain Qualifications Before Administering Oath to Jurors
Status: in_force

It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to ascertain that such juror possesses the qualifications required by law, and the duty required of the court by this section shall be considered imperative.
Ala. Code § 12-19-5 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-5
Section 12-19-5 Preparation of Budget Estimates as to State Expenditures for Trial Courts of Unified Judicial System
Status: in_force

The Administrative Director of Courts shall prepare budget estimates relating to state expenditures for the trial courts of the Unified Judicial System.
Ala. Code § 12-15-405 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-405
Section 12-15-405 Notice of Hearing; Appointment of Counsel for the Minor or Child
Status: in_force

(a) When any minor or child against whom a petition has been filed seeking to commit the minor or child to the custody of the department is initially brought before the juvenile court, the juvenile court shall provide a copy of the petition and if requested, read the petition to the minor or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform those persons verbally and in writing of the date, time, and place of the next hearing to be held in regard to the minor or child, the purpose of the hearing, the rights of the minor or child at the hearing, and the possible consequences of the hearing.

(b) The juvenile court shall appoint a child’s attorney for the minor or child. The juvenile court may appoint a guardian ad litem in addition to the child’s attorney. No statement made or act done by the minor or child in the presence of the juvenile court prior to the minor or child obtaining the services of a child’s attorney, or a guardian ad litem, shall be considered by the juvenile court in determining if the minor or child should be committed to the custody of the department.

(c) Notice of the filing of a petition pursuant to this section and of the date of final hearing shall be given to the department by the juvenile court not less than 14 days prior to the hearing. The notice shall constitute an application for admission to a facility maintained or operated by, under contract with, or under the supervision and control of the department.

(d) Not less than 24 hours prior to the final hearing, the department shall notify the juvenile court whether adequate facilities are available for the minor or child and to which facility the minor or child should be sent if the juvenile court should determine that the minor or child is to be committed. The minor or child shall not be accepted if the facility does not have adequate facilities available or if acceptance of the minor or child would result in an overcrowded condition.
Ala. Code § 12-25-31.1 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-31.1
Section 12-25-31.1 Legislative Findings
Status: in_force

(a) The Legislature finds the Alabama Sentencing Commission has followed the directives of the Legislature in this article, to develop and recommend to the Legislature a discretionary sentencing structure designed to protect public safety by providing a fair, effective, and efficient criminal sentencing system for this state by doing all of the following:

(1) By developing a system of statewide voluntary sentencing standards and worksheets for use in felony cases for 26 felony offenses representing 87 percent of all felony convictions in Alabama over a five-year period.

(2) By taking into account historical sentencing data concerning time imposed and other factors that, after analysis of historical data, appear to be relevant in determining both the duration and disposition of sentences in the applicable felony cases.

(3) By basing the voluntary sentencing standards on historical sentencing practices adjusted to achieve sentencing goals as established in Rule 26 of the Alabama Rules of Criminal Procedure and Section 12-25-31.

(b) The Legislature further recognizes that the development of voluntary sentencing standards by the commission is and should be a continuous process and the commission has been directed to continue the development of the voluntary sentencing standards recommendations by collecting and analyzing sentencing data and incorporating a continuum of punishment options, as required by subdivision (1) of Section 12-25-33, and by identifying, testing, and recommending modifications of the initial voluntary sentencing standards and worksheets as may be necessary to accomplish the purposes and goals set out in this article and Rule 26 of the Alabama Rules of Criminal Procedure.
Ala. Code § 12-18-162 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-162
Section 12-18-162 Exemption from Taxes; Assignability
Status: in_force

The right of a person to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity or retirement allowance itself and any optional benefit or any other right accrued or accruing to any person under the provisions of this article and the moneys in the fund are hereby exempt from any state or municipal tax and exempt from levy and sale, garnishment, attachment or any other process whatsoever and shall be unassignable except as in this article specifically otherwise provide.
Ala. Code § 12-23-17 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-17
Section 12-23-17 Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of Expenditures
Status: in_force

Moneys contained in the Indigent Offender Trust Fund shall be expended by the Commissioner of Mental Health for purposes set out in Section 12-23-15. Such moneys shall be used and expended by the Commissioner of Mental Health to establish, organize, and administer the indigent offender alcohol and drug treatment program throughout the state, including all functions or projects of the Department of Mental Health directly or indirectly relating thereto. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except appropriations from other state funds shall remain in the fund to be preserved for the administration of the indigent offender treatment program.