reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-115 - Pleadings to Be Endorsed With Date of Filing.

Section 12-17-115
Pleadings to be endorsed with date of filing.
All answers and other papers filed in any case must be endorsed by the register with the true date on which they were filed.
(Code 1852, §2910; Code 1867, §3361; Code 1876, §3795; Code 1886, §3454; Code 1896, §711; Code 1907, §3075; Code 1923, §6508; Code 1940, T. 13, §214.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-116 - Injunctions.

Section 12-17-116
Injunctions.
The register has no authority to grant or dissolve injunctions.
(Code 1852, §622; Code 1867, §732; Code 1876, §641; Code 1886, §738; Code 1896, §659; Code 1907, §3077; Code 1923, §6510; Code 1940, T. 13, §216.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-117 - General Direct and Reverse Indexes.

Section 12-17-117
General direct and reverse indexes.
Registers shall keep general direct and reverse indexes of all record books in their offices, which must always be in good, substantial and well-bound books; but they are not required to prepare any new indexes if those already in their offices are sufficient.
(Code 1867, §738; Code 1876, §646; Code 1886, §743; Code 1896, §663; Code 1907, §3081; Code 1923, §6513; Code 1940, T. 13, §219.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-118 - Recopying of Records.

Section 12-17-118
Recopying of records.
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.
(Code 1867, §740; Code 1876, §647; Code 1886, §744; Code 1896, §664; Code 1907, §3082; Code 1923, §6514; Code 1940, T. 13, §220.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-119 - Records Open to Examination.

Section 12-17-119
Records open to examination.
The records of the register's office shall be free for the examination of all persons when not in use by him.
(Code 1867, §741; Code 1876, §648; Code 1886, §745; Code 1896, §665; Code 1907, §3083; Code 1923, §6515; Code 1940, T. 13, §221.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-120 - Payment of Money to Successor.

Section 12-17-120
Payment of money to successor.
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.
(Code 1876, §649; Code 1886, §746; Code 1896, §666; Code 1907, §3084; Code 1923, §6516; Code 1940, T. 13, §222.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-121 - Punishment for Contempt.

Section 12-17-121
Punishment for contempt.
The register, or the clerk if there is no register, when holding a reference by order of the circuit court or when presiding on a show cause order which by law may come before him, may punish for contempt, by fine not exceeding $10.00 and by imprisonment not exceeding two days.
(Code 1896, §668; Code 1907, §3086; Code 1923, §6517; Code 1940, T. 13, §223.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-122 - Failure of Register or Commissioner to Made Deed of Land.

Section 12-17-122
Failure of register or commissioner to made deed of land.
Repealed by Acts 1977, No. 607, p. 812, §9901, as amended, effective January 1, 1980.
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 4 - Supernumerary Clerks and Registers. › Section 12-17-140 - Qualifications for Supernumerary Status Generally; Applicability of Division; Eligibility of Clerk or Register of Circuit Court With 23 Years of Service.

Section 12-17-140
Qualifications for supernumerary status generally; applicability of division; eligibility of clerk or register of circuit court with 23 years of service.
(a) Any clerk or register of the circuit court, serving on October 1, 1976, or clerk elected or appointed in any county of the State of Alabama:
(1) Who has served as much as five years as a circuit clerk or register and who has become permanently, physically or mentally unable to carry out the duties of the office on a full-time basis, proof of such disability being made by a certificate of three reputable physicians;
(2) Who has served for 12 years as a circuit clerk or register and has reached or passed the age of 65 years;
(3) Who has served for 15 years as circuit clerk or register and who is not less than 62 years of age; or who has served as such for more than 15 years and has attained the age of 62, less one year for each year of service in excess of 15;
(4) Who has served continuously for 10 years as circuit clerk or register and who is not less than 70 years of age; or
(5) Who has served for not less than 18 years or three full terms as a circuit clerk or register;
may elect to become a supernumerary clerk of the circuit court or supernumerary register of the circuit court of the county in which said clerk or register has served as such official by filing a written declaration to that effect with the Administrative Director of Courts at least 30 days prior to the time said clerk or register desires to become a supernumerary official. If the Administrative Director of Courts shall find that such applicant is qualified under any of subdivisions (1) through (5) of this section, a commission as supernumerary clerk of the circuit court or register of such court for the county in which he has served shall thereupon be issued to such applicant by the Secretary of State.
The provisions of this division shall apply only to those persons who are 55 years of age or older and who are in office on October 1, 1976, or who may thereafter become eligible under its provisions.
(b) Any circuit clerk who is serving as such clerk on October 1,1976, and who has served for at least 23 years on said date shall be eligible for supernumerary status at any time notwithstanding any provisions of this title, provided he has paid contributions into the supernumerary fund for the maximum number of years required by this division.
(c) Any register of the circuit court who has served for at least 23 years shall be eligible for supernumerary status at any time notwithstanding any provisions of this title, provided he has paid contributions into the supernumerary fund for the maximum number of years required by this division.
(Acts 1975, No. 1205, p. 2384, §7-112; Acts 1976, No. 382, p. 482; Acts 1989, No. 89-808, p. 1613.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 4 - Supernumerary Clerks and Registers. › Section 12-17-141 - Oath; Vacancies in Office of Clerk or Register in Counties Where Supernumerary Holds Commission.

Section 12-17-141
Oath; vacancies in office of clerk or register in counties where supernumerary holds commission.
(a) Such supernumerary clerk or register of the circuit court in the various counties of the State of Alabama shall take the oath of office prescribed for clerks and registers of the circuit courts in this state.
(b) If a vacancy shall occur in the office of clerk or register in the county in which one or more supernumerary clerks or registers hold a commission, the Chief Justice shall immediately appoint one such supernumerary from the county in which such vacancy occurs, and such supernumerary so appointed shall immediately assume and exercise all of the duties, powers and authority of such official in said county until a permanent successor is appointed or is otherwise selected. All fees and commissions which may become due while such supernumerary is so acting shall be paid into the appropriate fund as designated by law, and the salaries of the employees in such office shall be paid by the State of Alabama during such period.
(Acts 1975, No. 1205, p. 2384, §7-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 4 - Supernumerary Clerks and Registers. › Section 12-17-142 - Term of Office; Compensation; Surviving Spouse Benefits; Applicability.

Section 12-17-142
Term of office; compensation; surviving spouse benefits; applicability.
(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.
(Acts 1975, No. 1205, p. 2384, §7-114; Acts 1981, No. 81-684,p. 1153, §1; Acts 1990, No. 90-646, p. 1205, §1; Acts 1993, 1stEx. Sess., No. 93-915, p. 214, §1; Acts 1995, No. 95-638, p. 1345, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 4 - Supernumerary Clerks and Registers. › Section 12-17-143 - Establishment of Supernumerary Fund; Contributions Thereto.

Section 12-17-143
Establishment of supernumerary fund; contributions thereto.
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.
(Acts 1975, No. 1205, p. 2384, §7-115; Acts 1981, No. 81-684, p. 1153, §2; Acts 1990, No. 90-646, p. 1205, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 4 - Supernumerary Clerks and Registers. › Section 12-17-144 - Prior Service Credit.

Section 12-17-144
Prior service credit.
(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.
(Acts 1975, No. 1205, p. 2384, §716; Acts 1979, No. 79-829, p. 1564, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 4 - Supernumerary Clerks and Registers. › Section 12-17-145 - Officials Covered by Division; Notification Procedure; Post-Election Contribution Transfer; Post-Transfer Credits and Contributions.

Section 12-17-145
Officials covered by division; notification procedure; post-election contribution transfer; post-transfer credits and contributions.
(a) Any clerk or register of the circuit court shall be subject to the terms of this division unless he or she notifies the Administrative Director of Courts in writing to the contrary 30 days subsequent to October 1, 1995. This notification may be made notwithstanding any prior election to not participate and is made available only to those circuit clerks or registers who hold office on or before October 1, 1976.
(b) Upon the receipt of an election to participate in the supernumerary system provided in this division by a circuit clerk or register who was previously a member of the Employees' Retirement System, and who held office on or before October 1, 1976, the Administrative Director of Courts shall immediately notify the Secretary-Treasurer of the Retirement Systems of Alabama of the election. Upon receiving the notice, the retirement systems shall transfer on or before the September 30 after the election all of the employee contributions plus any other amounts, including, but not limited to, any interest on the account which he or she would be entitled to receive upon withdrawal from the retirement system, to the Clerks' and Registers' Supernumerary Fund provided for in Section 12-17-143, so that the employee may begin participating in the fund on the ensuing first of October.
(c) Upon transfer of the funds, any clerk or register electing to participate in the supernumerary system shall receive credit in the fund for all prior service for which he or she had been given credit under the Employees' Retirement System, and shall thereafter make contributions to the supernumerary fund as provided in Section 12-17-143.
(Acts 1975, No. 1205, p. 2384, §7-117; Acts 1993, No. 93-485, p. 778, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 4 - Supernumerary Clerks and Registers. › Section 12-17-146 - Return of Contributions to Other Plans.

Section 12-17-146
Return of contributions to other plans.
(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.
(Acts 1975, No. 1205, p. 2384, §7-118; Act 99-580, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 4 - Supernumerary Clerks and Registers. › Section 12-17-147 - Return of Contributions Upon Termination of Service.

Section 12-17-147
Return of contributions upon termination of service.
Should the service of the circuit clerk or register be terminated for any reason other than death prior to the time he is entitled to receive supernumerary benefits under this division, such circuit clerk or register shall have the right to elect to withdraw from the supernumerary fund and to have refunded his contributions plus accrued interest thereon under the same rules, regulations and rates applicable to similar refunds of contributions under the Employees' Retirement System of Alabama. If service is terminated by death, the refund on contributions and accrued interest is payable to the clerk's or register's designated beneficiary.
If a circuit clerk or register who has assumed supernumerary status dies prior to receiving supernumerary benefits equal to his total contributions plus accrued interest thereon which was credited to the member's individual account at the time of assuming supernumerary status, the remaining portion of his contributions and accrued interest is payable to the clerk's or register's beneficiary.
Any prior service credit obtained by a clerk or register pursuant to Section 12-17-144, shall be included in computing the total number of years of the clerk's or register's participation in the Clerks' and Registers' Supernumerary Fund.
(Acts 1975, No. 1205, p. 2384, §7-119; Acts 1981, No. 81-684, p. 1153, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 5 - District Court Clerks. › Section 12-17-160 - Clerk of Circuit Court Ex Officio Clerk of District Court.

Section 12-17-160
Clerk of circuit court ex officio clerk of district court.
Except as otherwise provided in this article, the clerk of the circuit court shall be ex officio clerk of the district court within the circuit and shall have administrative responsibility for and supervision of the records and clerical services of the district court in accordance with applicable general laws and rules.
(Acts 1975, No. 1205, p. 2384, §7-105.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 5 - District Court Clerks. › Section 12-17-162 - District Court Clerk Employees Component of Office of Clerk.

Section 12-17-162
District court clerk employees component of office of clerk.
Clerical employees serving the district court in any location shall be a component of the office of the clerk of the circuit court for the county in which they serve. When a separate district clerk's office is authorized, employees serving in such separate office shall be subject to the supervision and control of the clerk of the district court.
(Acts 1975, No. 1205, p. 2384, §7-105.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-180 - When Elected; Term of Office.

Section 12-17-180
When elected; term of office.
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.
(Code 1852, §721; Code 1867, §853; Code 1876, §769; Code 1886, §4244; Code 1896, §5513; Code 1907, §7778; Acts 1915, No. 720, p. 817; Code 1923, §5495; Code 1940, T. 13, §225.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-181 - Filling of Vacancies.

Section 12-17-181
Filling of vacancies.
Vacancies in the office of district attorney are filled by the Governor, the appointee to hold during the unexpired term and until his successor is elected and qualified.
(Code 1852, §722; Code 1867, §854; Code 1876, §770; Code 1886, §4245; Code 1896, §5514; Code 1907, §7779; Code 1923, §5496; Code 1940, T. 13, §226.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-182 - Compensation.

Section 12-17-182
Compensation.
(a)(1) Subject to subdivision (2), district attorneys for each judicial circuit in the state serving on October 1, 2021, until the end of his or her service, shall be paid by the state an annual salary of an amount equal to one thousand dollars ($1,000) less than the salary paid by the state to the highest paid circuit judge of the state, payable as the salaries of other state officers are paid. District attorneys holding office on October 1, 2021, are exempt from subsection (b).
(2) A district attorney's salary may only increase after the completion of the term for which he or she was appointed or elected, and after completion of any subsequent elected term.
(b)(1) Notwithstanding subsection (a), any district attorney newly appointed or elected after October 1, 2021, shall receive an initial salary of one hundred forty thousand dollars ($140,000).
(2) The salary of district attorneys shall be increased by 7.5 percent for the term commencing after the completion of the first term for which he or she was appointed or elected as district attorney. The salary shall be increased by an additional 7.5 percent for the term commencing after the completion of his or her second term as district attorney. The salary shall be increased by an additional 7.5 percent for the term commencing after the completion of his or her third term as district attorney.
(c) The compensation paid by the state to any district attorney in service on October 1, 2021, may not be diminished pursuant to Act 2021-441.
(Acts 1963, No. 511, p. 1096; Acts 1966, Ex. Sess., No. 264, p. 406; Acts 1967, No. 526, p. 1260; Act 2021-441, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-183 - Residence; Vacation of Office for Nonresidency.

Section 12-17-183
Residence; vacation of office for nonresidency.
Every district attorney must have resided in the circuit for which he is elected or appointed for at least 12 months preceding his election or appointment and must reside in such circuit during his continuance in office. If he shall fail so to do, he shall vacate his office. Upon such failure, it shall be the duty of the judge of the circuit to notify the Governor, and the Governor shall fill the vacancy.
(Code 1852, §723; Code 1867, §855; Code 1876, §771; Code 1886, §4246; Code 1896, §5515; Code 1907, §7780; Code 1923, §5497; Code 1940, T. 13, §228; Acts 1979, No. 79-629, p. 1112.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-185 - Duty to Attend Court.

Section 12-17-185
Duty to attend court.
(a) It is the duty of every district attorney to attend each session of the court for which he is district attorney and to remain in the discharge of his duties until the business of the state is disposed of. Any district attorney, other than those mentioned in subsection (b) of this section, failing to so attend or absenting himself before the business of the state is disposed of, forfeits to the state the sum of $100.00, for which a conditional judgment must be entered, to be made absolute on notice to such district attorney unless a good excuse is rendered.
(b) If any district attorney who is paid a salary by the state fails or neglects to attend any session of the court for which he is district attorney or, after attending, absents himself before the business of the state is disposed of, he forfeits to the state the sum of $25.00 for every day he is thus absent or fails to attend, to be deducted by the Comptroller from his salary. The absence or failure of such district attorney shall be certified to the Comptroller by the clerk of the court within 10 days after the session, under a penalty of $100.00, to be recovered in the name of the state on two days' notice.
(c) The deduction provided for in the subsection (b) of this section shall not be made if the district attorney makes and files with the Comptroller, within 10 days after the session from which he is absent, an affidavit that such failure to attend or absence was on account of sickness of himself or family, inevitable accident or of an epidemic or contagious disease or a well-grounded apprehension thereof.
(Code 1852, §§725, 726; Code 1867, §§857, 858; Code 1876, §§773, 774; Code 1886, §§4248, 4249; Code 1896, §§5517-5519; Code 1907, §§7782-7784; Code 1923, §§5499-5501; Code 1940, T. 13, §§230-232.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-186 - Appointment of Attorney to Act for District Attorney When Office Vacant, District Attorney Disqualified, Etc.

Section 12-17-186
Appointment of attorney to act for district attorney when office vacant, district attorney disqualified, etc.
(a) The presiding judge of the circuit court, the district court or the municipal court, when the district attorney or assistant district attorney regularly required by law to prosecute criminal cases in such court is absent, or connected with the party against whom it is his duty to appear by consanguinity or affinity within the fourth degree, or when there is a vacancy in the office from any cause, or when the district attorney refuses to act, may appoint a competent attorney to act in such district attorney's place, but such appointment shall in no event extend beyond the session of the court at which the appointment is made.
(b) The attorney so appointed shall receive for his services the sum of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant of the Comptroller if the district attorney for whom he is appointed to act is paid by the state, there being hereby appropriated annually out of the general funds in the State Treasury a sum of money sufficient to pay such attorney; and he shall be paid by the county for his services the sum of $25.00 per day for the time he is actually engaged in court on warrant of the probate judge or presiding officer of the county commission if the district attorney for whom he is appointed to act is paid by the county.
(c) The clerk of the court appointing an attorney to act in a district attorney's place or, if there is no clerk, the presiding judge of such court, shall certify to the Comptroller in writing the number of days such attorney was so engaged in court if the district attorney for whom he is appointed to act is paid by the state, and shall certify to the probate judge or presiding officer of the county commission in writing the number of days such attorney was so engaged in court if the district attorney for whom he is appointed to act is paid by the county, and such certification shall be the basis for the warrant to be drawn by the Comptroller or the probate judge or presiding officer of the county commission as the case may be.
(Acts 1945, No. 503, p. 728.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-187 - Failure to Collect Amounts Due to County From Public Officers.

Section 12-17-187
Failure to collect amounts due to county from public officers.
Repealed by Acts 1977, No. 607, p. 812, § 9901, as amended, effective January 1, 1980.
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-188 - Suspension From Office - Indictment Pending.

Section 12-17-188
Suspension from office - Indictment pending.
When it shall be made known to any court that an indictment is pending therein against the person who is acting as district attorney of the county in which the court is held, the court shall make an order suspending such district attorney. The district attorney so suspended shall not act as district attorney until such order of suspension shall be set aside.
(Code 1876, §776; Code 1886, §4251; Code 1896, §5523; Code 1907, §7788; Code 1923, §5506; Code 1940, T. 13, §237.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-189 - Suspension From Office - Appointment and Compensation of District Attorney Pro Tem.

Section 12-17-189
Suspension from office - Appointment and compensation of district attorney pro tem.
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.
(Code 1876, §777; Code 1886, §4252; Code 1896, §5524; Code 1907, §7789; Code 1923, §5507; Code 1940, T. 13, §238.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-190 - Suspension From Office - When Order of Suspension Set Aside.

Section 12-17-190
Suspension from office - When order of suspension set aside.
When it shall be known to the court that there is no indictment pending in the court in which such indictment was found or in any court to which a case may have been removed by change of venue, against a district attorney who has been suspended, the order suspending such district attorney shall be set aside.
(Code 1876, §778; Code 1886, §4253; Code 1896, §5525; Code 1907, §7790; Code 1923, §5508; Code 1940, T. 13, §239.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-191 - Allowance for Attendance Outside Home County.

Section 12-17-191
Allowance for attendance outside home county.
District attorneys in judicial circuits of more than one county shall receive the sum of $1,000.00 per annum, payable monthly from the treasury, said additional allowance to be in reimbursement for reasonable expenses while in attendance upon court outside of their home county.
(Acts 1932, Ex. Sess., No. 296, p. 300; Code 1940, T. 13, §241; Acts 1971, No. 1875, p. 3055.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-192 - Additional Allowance in Circuits Having Four or More Counties.

Section 12-17-192
Additional allowance in circuits having four or more counties.
In addition to the expenses now allowed by law to district attorneys pursuant to Section 12-17-191, there shall be paid to district attorneys in all judicial circuits composed of four or more counties the sum of $300.00 per annum for each county of the judicial circuit, over and above one, said additional allowance to be reimbursement for reasonable expenses while in attendance upon court outside of their home county, to be paid from the treasury monthly.
(Acts 1957, No. 747, p. 1182.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-193 - Fees of District Attorneys to Be Paid Into State Treasury.

Section 12-17-193
Fees of district attorneys to be paid into State Treasury.
All fees which may be by law taxed as district attorneys' fees against defendants on convictions belong to the state and, when collected, shall be paid into the State Treasury.
(Code 1896, §5529; Code 1907, §7792; Code 1923, §5511; Code 1940, T. 13, §242.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-194 - Commencing Prosecution on Own Affidavit.

Section 12-17-194
Commencing prosecution on own affidavit.
Any district attorney who commences a prosecution for any criminal offense by his own affidavit, except for an offense against his person or property or for a violation of the revenue laws or the prohibition laws, or unless the affidavit is upon his personal knowledge of the commission of the offense, shall, on conviction, be fined not less than $50.00.
(Code 1876, §4146; Code 1886, §3940; Code 1896, §5126; Code 1907, §7793; Code 1923, §5513; Code 1940, T. 13, §243.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-195 - Assistant District Attorneys Representing Defendants Charged With Criminal Offenses.

Section 12-17-195
Assistant district attorneys representing defendants charged with criminal offenses.
Any assistant district attorney who acts as attorney for, represents or defends any defendant charged with a criminal offense of any kind or character in any court, state, municipal or federal, in this state, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 nor more than $1,000.00.
(Acts 1945, No. 342, p. 558.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-196 - Restrictions on Law Partners Defending Criminal Cases.

Section 12-17-196
Restrictions on law partners defending criminal cases.
Any law partner or partners of any district attorney or assistant district attorney of this state who defend criminal cases of any character, kind or description in any court in this state in which said district attorney or assistant district attorney is the prosecuting officer shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00.
(Code 1907, §7794; Code 1923, §5514; Code 1940, T.13, §244.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-197 - District Attorney's Fund.

Section 12-17-197
District attorney's fund.
(a) This section shall be effective in those judicial circuits of Alabama now or hereafter created where there is no local, general or special law providing for a district attorney's fund for the use of the district attorneys in the discharge of their duties and for law enforcement.
(b) All district attorneys' fees taxed as costs and collected in all criminal cases in the circuit courts in the judicial circuits defined in subsection (a) of this section shall be paid into the county treasury of the county in which said fees are taxed and collected, and said fund shall be kept as a separate fund in the county treasury and shall be known as the district attorney's fund and shall be used and expended by the district attorney of the judicial circuit of which said county is a part, as hereinafter provided.
(c) The district attorney of each judicial circuit, as defined in subsection (a) of this section, is hereby authorized to requisition expenditures from the district attorney's fund for the payment of any and all expenses to be incurred by him for law enforcement and in the discharge of the duties of his office, as he sees fit. The treasurer of each county in each judicial circuit, as defined in subsection (a) of this section, shall pay out of said funds to the said district attorney upon requisition made to the treasurer by the district attorney.
(d) All laws and parts of laws in conflict with this section are hereby repealed, but it is not intended to repeal or modify or change in any manner any general, local or special law creating district attorneys' funds for certain judicial circuits, and the same shall remain in full force and effect.
(Acts 1965, No. 668, p. 1200.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-198 - Appointment, Number and Compensation of Assistant District Attorneys.

Section 12-17-198
Appointment, number and compensation of assistant district attorneys.
(a) The district attorney may appoint full-time or part-time assistant district attorneys to perform prosecutorial duties in the district or circuit courts within the circuit for which the district attorney shall have administrative responsibility. The number and compensation of such assistant district attorneys shall be as otherwise authorized or provided by law.
(b) All general laws applicable within certain judicial circuits, general laws of local application and local laws providing for deputy or assistant district attorneys or circuit solicitors and the manner of election or appointment, compensation, duties, etc., of such officers, which said laws were in effect on the effective date of this code, shall continue in effect until amended or repealed by statute; provided, that all such officers shall be known as "assistant district attorneys."
(Acts 1975, No. 1205, p. 2384, §4-131.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1 - General Provisions. › Section 12-17-199 - Entitlement of Elected Assistant District Attorneys to Entitlements in Article.

Section 12-17-199
Entitlement of elected assistant district attorneys to entitlements in article.
All laws to the contrary notwithstanding, any elected assistant district attorney in this state is hereby entitled to all entitlements enumerated in this article.
(Acts 1989, No. 89-466, p. 967.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1A - District Attorneys' Spouses Fund. › Section 12-17-201 - Creation and Establishment of Fund; Source of Fund.

Section 12-17-201
Creation and establishment of fund; source of fund.
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1A - District Attorneys' Spouses Fund. › Section 12-17-202 - Administration; Disbursement.

Section 12-17-202
Administration; disbursement.
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1A - District Attorneys' Spouses Fund. › Section 12-17-203 - Eligibility.

Section 12-17-203
Eligibility.
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1A - District Attorneys' Spouses Fund. › Section 12-17-204 - Coverage; Contributions; Participation.

Section 12-17-204
Coverage; contributions; participation.
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §4; Acts 1996, 2nd Ex. Sess., No. 96-856, p. 1664, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1A - District Attorneys' Spouses Fund. › Section 12-17-205 - Credit for Prior Service.

Section 12-17-205
Credit for prior service.
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1A - District Attorneys' Spouses Fund. › Section 12-17-206 - Benefits.

Section 12-17-206
Benefits.
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 1A - District Attorneys' Spouses Fund. › Section 12-17-207 - Termination of Service Prior to Assumption of Supernumerary Status.

Section 12-17-207
Termination of service prior to assumption of supernumerary status.
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000..
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 2 - Supernumerary District Attorneys. › Section 12-17-210 - Qualifications for Supernumerary Status - Elected District Attorneys Generally.

Section 12-17-210
Qualifications for supernumerary status - Elected district attorneys generally.
(a) Any district attorney, former district attorney or former circuit solicitor of this state:
(1) Who has served continuously for 15 years as district attorney, former district attorney or former circuit solicitor and who is not less than 60 years of age and who has become permanently and totally disabled, proof of such disability being made by certificates of three reputable physicians; or
(2) Who has served continuously for 15 years as district attorney, former district attorney or former circuit solicitor and/or as a judge of a court of record and who is not less than 65 years of age; or who has served as such continuously for more than 15 years and has attained age 65 less one year for each year of service in excess of 15 years and who is still in service as such district attorney or judge of a court of record; or
(3) Who has served continuously for 10 years as district attorney, former district attorney or former circuit solicitor and who is not less than 70 years of age; or
(4) Who has served continuously for not less than 15 years as district attorney, former district attorney or former circuit solicitor and/or as a judge of a court of record and who is not less than 70 years of age;
may elect to become supernumerary district attorney of the state by filing a written declaration to that effect with the Governor.
(b) Any district attorney, former district attorney or former circuit solicitor who has served in that office as district attorney for not less than 24 years, or for not less than six terms, the last 10 years of such service having been continuous, may elect to become a supernumerary district attorney of the state by filing a written declaration to that effect with the Governor at any time not more than 90 days prior to the end of the 24-year period.
(c) This section shall apply only to district attorneys, former district attorneys or former circuit solicitors who have been elected to that office.
(Acts 1963, No. 467, p. 1019, §1; Acts 1966, Ex. Sess., No. 239, p. 361.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 2 - Supernumerary District Attorneys. › Section 12-17-211 - Qualifications for Supernumerary Status - Fifteen Years of Service and Not Less Than 70 Years of Age.

Section 12-17-211
Qualifications for supernumerary status - Fifteen years of service and not less than 70 years of age.
Any district attorney of this state who has served continuously for 15 years as district attorney and who is not less than 70 years of age may elect to become a supernumerary district attorney of the state by filing, while in service, a written declaration to that effect with the Governor, who shall, if the age of the declarant is not less than 70 and his continuous service as district attorney is not less than 15 years, thereupon issue to such declarant a commission as supernumerary district attorney of the State of Alabama.
(Acts 1950, 5th Ex. Sess., No. 31, p. 79, §1.)