reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 2 - Ex Officio Powers and Duties of Chief Justice. › Section 12-2-35 - Notification of Chief Justice by Judge or District Attorney Unable to Attend Court; Designation of Judge or District Attorney to Attend and Hold Court.

Section 12-2-35
Notification of Chief Justice by judge or district attorney unable to attend court; designation of judge or district attorney to attend and hold court.
Whenever the judge or the district attorney of the court shall be unable to attend such court, he shall notify the Chief Justice, and the Chief Justice shall designate some other judge or district attorney, as the case may be, not then engaged elsewhere to attend and hold said court or discharge the duties of district attorney or judge, as the case may be.
(Acts 1915, No. 521, p. 592; Code 1923, §10297; Code 1940, T. 13, §40.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 2 - Ex Officio Powers and Duties of Chief Justice. › Section 12-2-36 - Ordering of Judges to Attend and Hold Court, etc., in Other Circuits.

Section 12-2-36
Ordering of judges to attend and hold court, etc., in other circuits.
Whenever the public good requires more judges than are regularly provided by law for the holding or attending the courts in any circuit of this state, the Chief Justice may order one or more judges living out of such circuit to attend and hold or assist in holding such courts.
In so holding or assisting in holding such court no two judges shall try cases in the same room at the same time, but such court may be held in separate divisions and the sheriff and county commission of such county wherein such court is ordered to be held, shall provide rooms for the accommodation or holding such court by such judge and said courts or divisions of courts may be held in any part of the courthouse or in buildings nearby the courthouse as fully and lawfully as if held in the courtroom regularly provided for holding such court.
(Acts 1915, No. 521, p. 592; Code 1923, §§10300, 10301; Code 1940, T. 13, §§42, 43.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 2 - Ex Officio Powers and Duties of Chief Justice. › Section 12-2-37 - Forfeiture by Judge Failing to Order or Attend Special Session of Court, Etc.

Section 12-2-37
Forfeiture by judge failing to order or attend special session of court, etc.
For any failure of a judge to order such special session of court or to attend any such court after having called the same or, having been notified by the Chief Justice, to attend and to perform any of the duties required of him by Sections 12-2-33, 12-2-35 and 12-2-36 without a lawful excuse, either being sick himself or having sickness in his family or being engaged in holding court elsewhere or being lawfully absent from the state, he shall forfeit $100.00 to the state, to be recovered in the circuit court of Montgomery County, on motion of the Attorney General, in the name of the state on 10 days' notice.
(Acts 1915, No. 521, p. 592; Code 1923, §10302; Code 1940, T. 13, §44.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 2 - Ex Officio Powers and Duties of Chief Justice. › Section 12-2-38 - Forfeiture by District Attorney Failing to Perform Duties Required by Sections 12-2-34 and 12-2-35.

Section 12-2-38
Forfeiture by district attorney failing to perform duties required by Sections 12-2-34 and 12-2-35.
Any district attorney who fails, without sufficient excuse, to perform any of the duties required of him under Sections 12-2-34 and 12-2-35, shall forfeit to the State of Alabama $100.00, to be recovered by the Attorney General, on motion, in the circuit court of Montgomery County on 10 days' notice.
(Acts 1915, No. 521, p. 592; Code 1923, §10303; Code 1940, T. 13, §45.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 3 - Supernumerary Justices. › Section 12-2-50 - Continuation of Laws Concerning Duties, Benefits, Etc.

Section 12-2-50
Continuation of laws concerning duties, benefits, etc.
All laws dealing with the eligibility of members of the Supreme Court to assume duties and obligations, and to claim and receive benefits, as supernumerary justices, are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of September 18, 1973, continued in full force and effect, and shall not be repealed by the adoption of this code. But at such time as all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits, as, or in the case of surviving spouses, on account of, supernumerary justices as of September 18, 1973, are deceased, all such laws shall thereupon be repealed.
(Acts 1977, No. 20, p. 28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 4 - Law Clerks. › Section 12-2-70 - Appointment.

Section 12-2-70
Appointment.
The Chief Justice and each associate justice of the Supreme Court are hereby authorized to appoint one law clerk to assist the appointing justice in the performance of his duties.
(Acts 1953, No. 443, p. 549, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 4 - Law Clerks. › Section 12-2-71 - Clerks to Serve Appointing Justices; Dismissal of Clerks and Appointment of Successors.

Section 12-2-71
Clerks to serve appointing justices; dismissal of clerks and appointment of successors.
Each law clerk so appointed shall serve as the law clerk for the Chief Justice or the associate justice appointing him and may be dismissed and a successor appointed at the will of the Chief Justice or the associate justice appointing him.
(Acts 1953, No. 443, p. 549, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 4 - Law Clerks. › Section 12-2-72 - Salaries.

Section 12-2-72
Salaries.
The salary of each such law clerk shall not be in excess of the amount paid under the merit system classification to attorney I, step 3, such amount to be fixed by the Chief Justice or associate justice employing him, and he shall be paid out of the general funds of the state as other state employees are paid.
(Acts 1953, No. 443, p. 549, §3; Acts 1959, No. 594, p. 1483; Acts 1965, 1st Ex. Sess., No. 44, p. 64; Acts 1969, No. 323, p. 693; Acts 1971, 3rd Ex. Sess., No. 117, p. 4342.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-90 - Appointment and Removal of Clerk.

Section 12-2-90
Appointment and removal of clerk.
A Clerk of the Supreme Court shall be appointed by the justices and shall be removable at any time for cause, to be determined by the court and entered at length on its record.
(Code 1852, §578; Code 1867, §676; Code 1876, §588; Code 1886, §695; Code 1896, §3856; Code 1907, §5983; Code 1923, §10319; Code 1940, T. 13, §49; Acts 1967, No. 728, p. 1563.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-91 - Bond Generally.

Section 12-2-91
Bond generally.
Before entering upon the duties of his office, the Clerk of the Supreme Court shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-92 - When Additional Bond Required; Effect of Failure to Give Additional Bond.

Section 12-2-92
When additional bond required; effect of failure to give additional bond.
The clerk must give additional bond, on the requisition of the Chief Justice, whenever the public interest requires; and, upon his failure so to do within the time fixed by the Chief Justice, his office shall be vacated.
(Code 1852, §580; Code 1867, §678; Code 1876, §590; Code 1886, §697; Code 1896, §3858; Code 1907, §5985; Code 1923, §10321; Code 1940, T. 13, §50.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-93 - Salary.

Section 12-2-93
Salary.
The salary of the Clerk of the Supreme Court of Alabama shall be fixed under the provisions of the merit system at the maximum paid to attorneys in the classified service and shall be payable out of the treasury as the salaries of other state officers are paid.
(Code 1907, §5991; Code 1923, §10327; Acts 1927, No. 612, p. 710; Acts 1933, Ex. Sess., No. 138, p. 124; Code 1940, T. 13, §57; Acts 1943, No. 423, p. 389, §1; Acts 1951, No. 591, p. 1024; Acts 1957, No. 606, p. 864; Acts 1967, No. 728, p. 1563.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-94 - Confidential Assistant.

Section 12-2-94
Confidential assistant.
The Clerk of the Supreme Court may appoint a confidential assistant who shall perform such duties as may be required and who shall be subject to the merit system only as to the pay plan. Before entering upon the duties of his office, he shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
(Code 1907, §5992; Acts 1919, No. 690, p. 999; Acts 1923, No. 600, p. 789; Code 1923, §10328; Acts 1927, No. 612, p. 710; Acts 1933, Ex. Sess., No. 138, p. 124; Code 1940, T. 13, §58; Code 1940, T. 41, §115; Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-95 - Employment of Additional Help.

Section 12-2-95
Employment of additional help.
The Clerk of the Supreme Court is authorized to appoint and employ such additional help as may be required by him to operate the office of the clerk.
(Code 1907, §5993; Acts 1919, No. 677, p. 981; Code 1923, §10329; Acts 1927, No. 612, p. 710; Code 1940, T. 13, §59.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-96 - Office and Office Hours.

Section 12-2-96
Office and office hours.
The Clerk of the Supreme Court must keep his office in the judicial building open for the transaction of business on every day except Saturdays, Sundays and legal holidays, from 9:00 A.M. until 4:00 P.M.
(Code 1852, §581; Code 1867, §679; Code 1876, §591; Code 1886, §698; Code 1896, §3859; Code 1907, §5986; Code 1923, §16322; Code 1940, T. 13, §51; Acts 1967, No. 728, p. 1563.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-97 - Powers and Duties Generally.

Section 12-2-97
Powers and duties generally.
The clerk shall have authority and it shall be his duty:
(1) To administer oaths and take affidavits;
(2) To issue and sign all writs and process of every description issued under the authority of the court;
(3) To keep in regular order the papers, dockets and records of the court;
(4) To keep a docket as prescribed by the court;
(5) To enter from day to day the judgments and proceedings of the court; and
(6) To make, under the supervision of the court, the quarterly allotments of the funds appropriated for the expenses of the court and approve the bills for payment out of such funds for the purchases and expenses of the court.
(Code 1852, §582; Code 1867, §680; Code 1876, §592; Code 1886, §699; Code 1896, §3860; Code 1907, §5987; Acts 1915, No. 535, p. 606; Acts 1915, No. 663, p. 725; Code 1923, §10323; Code1940, T. 13, §§52, 53(1); Acts 1943, No. 423, p. 389, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-98 - Payment of Costs for Preserving Records.

Section 12-2-98
Payment of costs for preserving records.
The cost of preserving records according to the provisions of this division shall be paid out of the treasury as accounts for printing and binding of the state are paid.
(Code 1852, §864; Code 1867, §682; Code 1876, §594;Code 1886, §701; Code 1896, §3862; Code 1907, §5989; Code 1923, §10325; Code 1940, T. 13, §55.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-99 - Furnishing of Record Books, Blanks and Stationery.

Section 12-2-99
Furnishing of record books, blanks and stationery.
The record books, blanks and stationery necessary to the office shall be furnished to the clerk in like manner as they are furnished to the other public officers in the capitol.
(Code 1867, §685; Code 1876, §595; Code 1886, §702; Code 1896, §3863; Code 1907, §5990; Code 1923, §10326; Code 1940, T. 13, §56.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 1 - Clerk. › Section 12-2-100 - Collection and Disposition of Fees and Costs of Clerk; Quarterly Statement to Department of Finance of Fees Paid Into Treasury.

Section 12-2-100
Collection and disposition of fees and costs of clerk; quarterly statement to department of finance of fees paid into treasury.
All fees and costs authorized by law and the Alabama Rules of Appellate Procedure to be taxed and collected as cost for or fees of the Clerk of the Supreme Court shall be collected by the Clerk of the Supreme Court and paid to the treasury quarterly as other public funds.
A statement of the fees paid to the treasury shall be rendered to the Department of Finance quarterly.
(Code 1907, §5993; Acts 1919, No. 677, p. 981; Code 1923, §10329; Acts 1927, No. 612, p. 710; Code 1940, T. 13, §59.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 2 - Deputy Clerk. › Section 12-2-110 - Office Created; Appointment and Removal of Deputy Clerk.

Section 12-2-110
Office created; appointment and removal of deputy clerk.
The office of deputy clerk of the Supreme Court of Alabama is hereby created. Such deputy clerk shall be appointed by the justices of the Supreme Court and may be removed at any time the said justices of the Supreme Court may see fit.
(Acts 1965, 1st Ex. Sess., No. 42, p. 62, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 2 - Deputy Clerk. › Section 12-2-111 - Salary.

Section 12-2-111
Salary.
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.
(Acts 1965, 1st Ex. Sess., No. 42, p. 62, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 5 - Clerks of Court. › Division 2 - Deputy Clerk. › Section 12-2-112 - Powers and Duties.

Section 12-2-112
Powers and duties.
The duties and authority of such deputy clerk shall be prescribed by the rules of the Supreme Court.
(Acts 1965, 1st Ex. Sess., No. 42, p. 62, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 6 - Secretaries. › Section 12-2-130 - Confidential Secretary of Chief Justice.

Section 12-2-130
Confidential secretary of Chief Justice.
The Chief Justice shall have a confidential secretary who shall perform such duties as may be required by him and who shall be appointed and dismissed at the will of the Chief Justice and who shall be subject to the merit system only as to the pay plan.
(Acts 1915, No. 521, p. 592; Code 1923, §10293; Acts 1927, No. 579, p. 674; Code 1940, T. 13, §46.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 6 - Secretaries. › Section 12-2-131 - Confidential Secretaries for Associate Justices and Supernumerary Justices - Appointment, Compensation, Etc.

Section 12-2-131
Confidential secretaries for associate justices and supernumerary justices - Appointment, compensation, etc.
Each associate justice of the Supreme Court and each supernumerary justice of said court, while serving at the request of the Governor or Chief Justice, is hereby authorized to appoint and employ a confidential secretary, who shall serve at the pleasure of the associate justice or supernumerary justice. Such confidential secretary shall be subject to the Merit System Act only as to the pay plan.
(Code 1896, §3842; Code 1907, §5968; Code 1923, §10304; Acts 1936-37, Ex. Sess., No. 207, p. 246; Code 1940, T. 13, §47; Acts 1955, No. 165, p. 412.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 6 - Secretaries. › Section 12-2-132 - Confidential Secretaries for Associate Justices and Supernumerary Justices - Duties.

Section 12-2-132
Confidential secretaries for associate justices and supernumerary justices - Duties.
The secretaries shall perform such duties as may be prescribed by the justices.
(Code 1896, §3843; Code 1907, §5969; Acts 1923, No. 600, p. 789; Code 1923, §10305; Code 1940, T. 13, §48.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 7 - Marshal and Librarian. › Section 12-2-157 - Library Fund.

Section 12-2-157
Library fund.
The library fund of the Supreme Court and state law library shall consist of funds appropriated by the Legislature, fees collected under the provision of law and moneys collected from the sale of copies, books and other materials or received from donations, gifts, grants and funds other than those appropriated. Expenditures out of this fund shall be made by the state law librarian for the use and benefit of the appellate courts under the direction of the justices.
(Code 1852, §592; Code 1867, §691; Code 1876, §§587, 603; Code 1886, §693; Code 1896, §3853; Code 1907, §5979; Code 1923, §10315; Code 1940, T. 13, §81.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 7 - Marshal and Librarian. › Section 12-2-159 - Library Tax.

Section 12-2-159
Library tax.
For the maintenance of the supreme court library there shall be taxed in each civil case decided by the Supreme Court or the courts of appeals on appeal the sum of $5.00, which must be taxed and collected as other costs in the case and, when collected, must be paid by the clerk to the marshal and librarian, by whom it must be disbursed on the order of the justices.
(Code 1886, §694; Code 1896, §3854; Code 1907, §5980; Code 1923, §10316; Code 1940, T. 13, §82.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 2 - Supreme Court. › Article 7 - Marshal and Librarian. › Section 12-2-160 - Justices to Make Rules for Preservation and Protection of Libraries.

Section 12-2-160
Justices to make rules for preservation and protection of libraries.
The justices of the Supreme Court must make such rules as they deem necessary for the preservation and protection of the libraries.
(Code 1867, §672; Code 1876, §583; Code 1886, §689; Code 1896, §3849; Code 1907, §5975; Code 1923, §10311; Code 1940, T. 13, §76.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-1 - Courts Created; Composition; Qualifications of Judges.

Section 12-3-1
Courts created; composition; qualifications of judges.
A Court of Criminal Appeals and a Court of Civil Appeals, each composed of five judges, possessing the qualifications of the Supreme Court justices, including, but not limited to, the qualifications provided in subsection (b) of Section 12-2-1, are hereby created and established.
(Acts 1969, No. 987, p. 1744, §1; Acts 1993, No. 93-346, p. 536, §4; Act 2009-562, p. 1632, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-2 - Election and Term of Judges of Court of Criminal Appeals; Designation of Panels of Judges to Decide Cases.

Section 12-3-2
Election and term of judges of Court of Criminal Appeals; designation of panels of judges to decide cases.
(a) The offices of the three judges of the Court of Criminal Appeals that were filled in the general election of 1970 pursuant to Act No. 987 of the 1969 Regular Session of the Legislature shall be filled by election from the state at large in the general election held each six years thereafter, or as the end of the term of such office may thereafter occur pursuant to the Constitution.
(b) The offices of the two judges of the Court of Criminal Appeals that were filled in the general election of 1972 pursuant to Act No. 75 of the 1971 Third Special Session of the Legislature shall be filled by election from the state at large in the general election held each six years thereafter, or as the end of the term of such office may thereafter occur pursuant to the Constitution.
(c) The presiding judge of the Court of Criminal Appeals may from time to time designate panels of three judges to decide cases submitted to said court; provided, that the concurrence of three of the five judges shall be required for each decision.
(Acts 1969, No. 987, p. 1744, §21; Acts 1971, 3rd Ex. Sess., No. 75, p. 4283.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-3 - Election and Term of Judges of Court of Civil Appeals.

Section 12-3-3
Election and term of judges of Court of Civil Appeals.
(a) The offices of the judges of the Court of Civil Appeals that were filled at the general election in 1972 for terms of two, four and six years pursuant to Act No. 987 of the 1969 Regular Session of the Legislature shall, at the general election immediately preceding the expiration of said respective terms, be filled by election from the state at large for terms of six years, and shall likewise be filled by election from the state at large each six years thereafter, or as the end of the term of each such office may thereafter occur pursuant to the Constitution.
(b) In the event the number of judges on the court is increased to more than three, unless otherwise provided by the act increasing the number of judges, the Governor shall make appointments of the additional judges so that, as nearly as may be, one third of the members of such court shall be elected each second year.
(Acts 1969, No. 987, p. 1744, §22.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-4 - Presiding Judges.

Section 12-3-4
Presiding judges.
(a) The presiding judge of the Court of Criminal Appeals shall be elected by the members of such court for a term to be set by such court, in no event for a longer time than the term for which such judge is chosen.
(b) The presiding judge of the Court of Civil Appeals shall be the judge of such court who has served the longest period of time as judge of such court. In cases of equal seniority, the presiding judge shall be chosen as follows:
(1) If more than one judge was elected at the same election, the presiding judge shall be elected by lot from the judges who are so situated, and shall serve as presiding judge for the term which he is then filling as a judge of such court.
(2) If more than one judge was appointed by the Governor at the same time, their seniority shall be governed by the order in which their names appear on the list of appointees submitted by the Governor to the Secretary of State.
(Acts 1969, No. 987, p. 1744, §§21, 22; Acts 1971, 3rd Ex. Sess., No. 75, p. 4283.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-5 - Residency of Judges.

Section 12-3-5
Residency of judges.
The judges of the courts may reside anywhere within this state.
(Acts 1969, No. 987, p. 1744, §20; Act 2013-375, p. 1377, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-6 - Salaries of Judges.

Section 12-3-6
Salaries of judges.
The salary of each judge on each court of appeals shall be such amount as shall be fixed by law, which shall be paid as the salaries of other state officers are paid.
(Acts 1969, No. 987, p. 1744, §19; Acts 1973, No. 1245, p. 2093, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-7 - Continuation of Laws Concerning Duties, Benefits, etc., of Supernumerary Judges of Courts of Appeals.

Section 12-3-7
Continuation of laws concerning duties, benefits, etc., of supernumerary judges of courts of appeals.
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.
(Acts 1977, No. 20, p. 28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-8 - Powers of Judges as to Issuance of Writs of Certiorari, Granting of Injunctions, Etc.

Section 12-3-8
Powers of judges as to issuance of writs of certiorari, granting of injunctions, etc.
The judges of said courts shall each have authority to issue writs of certiorari and to grant orders for stays of judgments or orders to all inferior courts and injunctions, subject to the limitations prescribed by law.
(Acts 1969, No. 987, p. 1744, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-9 - Appellate Jurisdiction of Court of Criminal Appeals.

Section 12-3-9
Appellate jurisdiction of Court of Criminal Appeals.
The Court of Criminal Appeals shall have exclusive appellate jurisdiction of all misdemeanors, including the violation of town and city ordinances, habeas corpus and all felonies, including all post conviction writs in criminal cases.
(Acts 1969, No. 987, p. 1744, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-10 - Appellate Jurisdiction of Court of Civil Appeals.

Section 12-3-10
Appellate jurisdiction of Court of Civil Appeals.
The Court of Civil Appeals shall have exclusive appellate jurisdiction of all civil cases where the amount involved, exclusive of interest and costs, does not exceed $50,000, all appeals from administrative agencies other than the Alabama Public Service Commission, all appeals in workers' compensation cases, all appeals in domestic relations cases, including annulment, divorce, adoption, and child custody cases and all extraordinary writs arising from appeals in said cases. Where there is a recovery in the court below of any amount other than costs, the amount of such recovery shall be deemed to be the amount involved; otherwise, the amount claimed shall be deemed to be the amount involved; except, that in actions of detinue the alternate value of the property as found by the court or jury shall be deemed to be the amount involved.
(Acts 1969, No. 987, p. 1744, §3; Acts 1993, No. 93-346, p. 536, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › 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.

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.
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.
(Acts 1969, No. 987, p. 1744, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-12 - Regular Term of Courts.

Section 12-3-12
Regular term of courts.
The regular term of the courts of appeals shall be the same as that of the Supreme Court, but the court may, in its discretion, adjourn from time to time.
(Acts 1969, No. 987, p. 1744, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-13 - Quarters.

Section 12-3-13
Quarters.
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.
(Acts 1969, No. 987, p. 1744, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-14 - Transfer of Cases in Court of Criminal Appeals to Supreme Court.

Section 12-3-14
Transfer of cases in Court of Criminal Appeals to Supreme Court.
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.
(Acts 1971, 3rd Ex. Sess., No. 74, p. 4282, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-15 - Transfer of Cases in Court of Civil Appeals to Supreme Court.

Section 12-3-15
Transfer of cases in Court of Civil Appeals to Supreme Court.
When it is deemed advisable or necessary for the proper dispatch of the business of the Alabama Court of Civil Appeals, the Chief Justice of the Supreme Court, with the advice of the Supreme Court, and the presiding judge of the Court of Civil Appeals, may in writing designate any case in the Alabama Court of Civil Appeals to be transferred to the Supreme Court for a 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 Civil Appeals shall deliver to the Clerk of the Supreme Court the transcript of the record and other papers in the cases so designated, together with copies of any orders that may be made in any of such cases by the Court of Civil Appeals. Upon the making and entering of such designation, the jurisdiction and control of the Court of Civil Appeals over the designated case shall cease and terminate.
(Acts 1971, 3rd Ex. Sess., No. 74, p. 4282, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-17 - Decision of Cases in Event of Absence or Disqualification of Judge or Judges.

Section 12-3-17
Decision of cases in event of absence or disqualification of judge or judges.
In the absence of a judge of either of the courts of appeals or in case of the disqualification of a judge, a majority can hold court and decide cases and announce the result when concurred in by them. In the event the remaining judges are equally divided as to the decision, or the court is reduced to less than a majority, the fact must be certified to the Chief Justice of the Supreme Court, and he shall appoint a justice or justices of that court to sit with the divided members to consider and decide said case, or, if the entire court is disqualified, the appointed justice shall consider and decide the case.
(Acts 1969, No. 987, p. 1744, §13.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-16 - Decisions of Supreme Court to Govern Holdings and Decisions of Courts of Appeals; Decisions and Proceedings of Courts of Appeals Subject to General Superintendence and Control of Supreme Court.

Section 12-3-16
Decisions of Supreme Court to govern holdings and decisions of courts of appeals; decisions and proceedings of courts of appeals subject to general superintendence and control of Supreme Court.
The decisions of the Supreme Court shall govern the holdings and decisions of the courts of appeals, and the decisions and proceedings of such courts of appeals shall be subject to the general superintendence and control of the Supreme Court as provided by Constitutional Amendment No. 328.
(Acts 1969, No. 987, p. 1744, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-18 - Reporting of Opinions and Decisions of Courts.

Section 12-3-18
Reporting of opinions and decisions of courts.
The reporter decisions of the Supreme Court and courts of appeals shall report the opinions and decisions of the courts of appeals in all respects as he is now or hereafter may be required by law to report the decisions and opinions of the Supreme Court.
(Acts 1969, No. 987, p. 1744, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-19 - Marshal and Librarian and Assistants.

Section 12-3-19
Marshal and librarian and assistants.
The marshal and librarian of the Supreme Court and his assistants shall be the marshal and librarian and assistants, respectively, of the courts of appeals and shall discharge such duties and obey such directions, not inconsistent with the laws of the state or his duties as marshal and librarian of the Supreme Court and pertaining to his office, as may be required by the judges.
(Acts 1969, No. 987, p. 1744, §25.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-20 - Appointment, Compensation, Duties, etc., of Clerk, Assistant Clerk, Executions Clerk and Secretaries of Court of Criminal Appeals.

Section 12-3-20
Appointment, compensation, duties, etc., of clerk, assistant clerk, executions clerk and secretaries of Court of Criminal Appeals.
The judges of the Court of Criminal Appeals are hereby authorized to appoint and employ a clerk, an assistant clerk, an executions clerk and five secretaries. Such clerk shall serve as confidential assistant and such assistant clerk, executions clerk and secretaries shall serve as confidential secretaries in the same manner and to the same extent as other confidential assistants and confidential secretaries employed in the state service, shall perform such duties as may be required by the judges of the court and shall be subject to the Merit System Act only as to the pay plan.
The salary of the clerk shall be fixed under the provisions of the merit system in the same pay range as that of attorneys in the highest classification of attorneys in the classified service, and the salary of the assistant clerk shall be fixed under the provisions of the merit system in the same pay range as that of attorneys in the next-to-highest classification of attorneys in the classified service, and these salaries shall be payable as the salaries of other state officers and employees are paid.
(Acts 1969, No. 987, p. 1744, §26; Acts 1971, No. 1208, p. 2102.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-21 - Bond of Clerk of Court of Criminal Appeals.

Section 12-3-21
Bond of Clerk of Court of Criminal Appeals.
Before entering upon the duties of his office, the Clerk of the Court of Criminal Appeals shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-22 - Dockets Clerk of Court of Criminal Appeals.

Section 12-3-22
Dockets Clerk of Court of Criminal Appeals.
(a) The office of dockets Clerk of the Court of Criminal Appeals of Alabama is hereby created, such clerk to be appointed by the judges of the Court of Criminal Appeals and removable at any time the said judges of the Court of Criminal Appeals may see fit.
(b) The duties of such dockets clerk shall be to keep in regular order the dockets of the clerk's office of the court, to enter from day today the judgments and proceedings of the court and to perform such duties as may be required by the judges of the court.
(c) The dockets Clerk of the Court of Criminal Appeals shall serve as confidential assistant to the court and shall be subject to the Merit System Act only as to the pay plan.
(Acts 1969, No. 996, p. 1853.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-23 - Appointment, Removal, Compensation, etc., of Clerk and Confidential Secretaries of Court of Civil Appeals.

Section 12-3-23
Appointment, removal, compensation, etc., of clerk and confidential secretaries of Court of Civil Appeals.
The judges of the Court of Civil Appeals are authorized to appoint and employ a clerk. The clerk so appointed by the court may be removed at any time for cause, to be determined by the court and entered at length on its record. The salary of the clerk shall be fixed under the provisions of the merit system in the top pay range of the highest classification of attorneys in the classified service, and said salary shall be payable as the salaries of other state officials are paid. The clerk is authorized to appoint and employ such additional employees as may be required by him to adequately operate the office of clerk. Each judge of the Court of Civil Appeals is hereby authorized to appoint and employ a confidential secretary who shall serve at the pleasure of the judge and shall be subject to the Merit System Act only as to the pay plan.
(Acts 1969, No. 987, p. 1744, §27; Acts 1975, 3rd Ex. Sess., No. 143, p. 386, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-24 - Bond of Clerk of Court of Civil Appeals.

Section 12-3-24
Bond of Clerk of Court of Civil Appeals.
Before entering upon the duties of his office, the Clerk of the Court of Civil Appeals shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-25 - Office Hours of Clerks of Courts of Appeals.

Section 12-3-25
Office hours of clerks of courts of appeals.
The clerks of the courts of appeals must keep the office open for transaction of business on every day except Saturday, Sunday and legal holidays for such hours as may be directed by the courts of appeals.
(Acts 1969, No. 987, p. 1744, §28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-26 - Powers and Duties of Clerks.

Section 12-3-26
Powers and duties of clerks.
Each clerk shall have the authority and it shall be his duty:
(1) To administer oaths and take affidavits;
(2) To issue and sign all writs and process of every description, issued under the authority of the court;
(3) To keep in regular order the papers, dockets and records of the court;
(4) To keep dockets as prescribed by the courts;
(5) To enter from day to day the judgments and proceedings of the courts; and
(6) To have the transcripts of the records of all cases, with a copy of the orders made and of the final judgment or order in each case, and the manuscript opinions of the courts decided at such term, properly preserved so as to show the term at the end of each term. Such transcript and copy of the orders and of final judgment and the manuscript opinion of the court shall constitute the record in each case.
(Acts 1969, No. 987, p. 1744, §29.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-27 - Law Clerks - Appointment.

Section 12-3-27
Law clerks - Appointment.
Each judge of each court of appeals is authorized to appoint one law clerk to assist the appointing judge in the performance of his duties.
(Acts 1969, No. 987, p. 1744, §16.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-28 - Law Clerks - Clerk to Serve Appointing Judge; Dismissal of Clerk and Appointment of Successor.

Section 12-3-28
Law clerks - Clerk to serve appointing judge; dismissal of clerk and appointment of successor.
Each law clerk so appointed shall serve as law clerk to the judge appointing him and may be dismissed and a successor appointed at the will of the appointing judge.
(Acts 1969, No. 987, p. 1744, §17.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-29 - Law Clerks - Salaries.

Section 12-3-29
Law clerks - Salaries.
The salary of each such law clerk shall be the same as the salary paid to law clerks of the supreme court justices and shall be payable as the salaries of other state employees are paid.
(Acts 1969, No. 987, p. 1744, §18.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-30 - Payment of Salaries of Employees of Courts.

Section 12-3-30
Payment of salaries of employees of courts.
The salaries of all the employees of the courts of appeals shall be paid as the salaries of other state employees are paid.
(Acts 1969, No. 987, p. 1744, §27; Acts 1975, 3rd Ex. Sess., No. 143, p. 386, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-31 - Payment of Cost of Preserving Records; Furnishing of Record Books, Stationery, Furniture, Etc.

Section 12-3-31
Payment of cost of preserving records; furnishing of record books, stationery, furniture, etc.
(a) The cost of preserving records according to the provisions of this chapter shall be paid out of the treasury as accounts for printing and binding of the state are paid.
(b) The record books, blanks and stationery and furniture necessary to the courts shall be furnished in like manner as they are furnished to the other public officers in the capitol.
(Acts 1969, No. 987, p. 1744, §30.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-32 - Attorney General to Attend Criminal Cases and Civil Suits in Courts in Which State a Party.

Section 12-3-32
Attorney General to attend criminal cases and civil suits in courts in which state a party.
The Attorney General in person or by assistant must attend on the part of the state to all criminal cases and all civil actions in which the state is a party in said courts of appeals.
(Acts 1969, No. 987, p. 1744, §31.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-33 - Applicability of Provisions of Section 12-2-9.

Section 12-3-33
Applicability of provisions of Section 12-2-9.
Within the limitations or jurisdiction conferred on the courts of appeals by this chapter, the provisions of Section 12-2-9 are made applicable to said courts of appeals.
(Acts 1969, No. 987, p. 1744, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-34 - Appointment, Compensation, etc., of Staff Attorneys and Confidential Assistant of Court of Criminal Appeals.

Section 12-3-34
Appointment, compensation, etc., of staff attorneys and confidential assistant of Court of Criminal Appeals.
(a) The Alabama Court of Criminal Appeals is hereby authorized to hire three staff attorneys to assist the court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by the court. The staff attorneys shall be licensed to practice law in the State of Alabama and shall be appointed by and serve at the pleasure of the court. The salaries of each staff attorney shall be fixed within the range of the classification of attorney II under the merit system, to be paid as other state salaries are paid. The said staff attorneys shall be subject to the Merit System Act only as to the pay plan.
(b) The Court of Criminal Appeals is hereby authorized to hire, in addition to all other clerical employees, a confidential assistant to perform the stenographic and secretarial services for the staff attorneys appointed pursuant to subsection (a) of this section. The said confidential assistant shall be appointed by and serve at the pleasure of the court and shall be paid a salary accordingly. The confidential assistant shall be subject to the Merit System Act only as to the pay plan.
(Acts 1977, No. 633, p. 942; Acts 1979, No. 79-320, p. 473.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-35 - Appointment, Compensation, etc., of Additional Staff Attorneys.

Section 12-3-35
Appointment, compensation, etc., of additional staff attorneys.
The Alabama Court of Criminal Appeals is hereby authorized to hire two additional staff attorneys to assist that court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by the court. The staff attorneys shall be licensed to practice law in the State of Alabama and shall be appointed by and serve at the pleasure of the court. The salaries of all staff attorneys shall be fixed within the range of the proper classification of attorneys under the merit system as may be determined by the court. Said staff attorneys shall be subject to the Merit System Act only as to the pay plan selected for them by the Court of Criminal Appeals. The court is hereby authorized to employ one additional secretary to serve at the pleasure of the court to be classified as a confidential assistant to the court, subject to the Merit System Act only as to pay plan.
(Acts 1982, No. 82-462, p. 740, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 3 - Court of Criminal Appeals and Court of Civil Appeals. › Section 12-3-36 - Appointment, Compensation, etc., of Additional Confidential Assistant.

Section 12-3-36
Appointment, compensation, etc., of additional confidential assistant.
(a) The judges of the Court of Criminal Appeals are hereby authorized to appoint and employ one additional clerical employee to serve in the office of the Clerk of the Court of Criminal Appeals.
(b) The duties of this employee shall be to assist the clerk of the court and perform such duties as may be required by the judges of the court.
(c) This employee shall serve as a confidential assistant to the court and shall be subject to the Merit System Act only as to pay plan.
(Acts 1985, No. 85-656, p. 1028, §§1-3.)