reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.3 - (Effective November 8, 2016, Subject to Contingencies) Transfer of Membership Service and Accumulated Contributions.

Section 12-17-227.3
(Effective November 8, 2016, subject to contingencies) Transfer of membership service and accumulated contributions.
(a) Any active and contributing member of the District Attorneys' Plan who, not more than one year prior to becoming a member of the plan was a member of the Employees' Retirement System of Alabama or the Teachers' Retirement System of Alabama, may elect to transfer his or her membership service and accumulated contributions in the Employees' Retirement System or the Teachers' Retirement System to the District Attorneys' Plan.
(b) Any active and contributing member desiring to transfer any membership service and accumulated contributions under subsection (a) shall notify the Board of Control of the Employees' Retirement System of his or her election to transfer membership service and shall authorize the transfer of the amount of his or her accumulated contributions to his or her credit in the Employees' Retirement System or Teachers' Retirement System to his or her account in the District Attorneys' Plan.
(c) The Board of Control transferring the membership service and contributions shall thereupon certify to the Board of Control of the Employees' Retirement System and to the fund the amount of contributions and service creditable to the member at the time of separation from the transferring retirement system. The member shall be credited in the fund with the membership service and accumulated contributions so certified.
(d) Anything in this division to the contrary notwithstanding, in the application of the foregoing provisions of this section to a member whose membership service includes a period of service as a district attorney and a period of service in another employment classification, the benefit rates applicable to a district attorney shall apply to all membership service as a district attorney, and the benefit rates applicable to the member's other employment classification shall apply to membership service in such other classification. In all other respects, the pension under this section shall be determined on the basis of the member's employment classification at the time of his or her withdrawal from service.
(Act 2015-498, §21.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.4 - (Effective November 8, 2016, Subject to Contingencies) Service Retirement Allowance.

Section 12-17-227.4
(Effective November 8, 2016, subject to contingencies) Service retirement allowance.
(a) Any member who withdraws from service upon or after attainment of age 62 may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member shall have completed 10 or more years of membership service in the District Attorneys' Plan.
(b) Any member who has attained age 62 and has previously withdrawn from service may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired; provided, that any such member shall have completed 10 or more years of membership service.
(c) Upon retirement from service, the member shall receive a service retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement, and a pension, which when added to the member's annuity shall be equal to three percent (3%) of the member's average final compensation multiplied by the member's number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation.
(Act 2015-498, §22.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.5 - (Effective November 8, 2016, Subject to Contingencies) Disability Retirement Allowance.

Section 12-17-227.5
(Effective November 8, 2016, subject to contingencies) Disability retirement allowance.
(a) Upon application of an active and contributing member, any such member who has 10 or more years of membership service who becomes disabled may be retired on a disability retirement allowance by the Board of Control not less than 30 days nor more than 90 days next following the date of filing of such application; provided that the medical board, after a medical examination of such member, shall certify that such individual is totally and permanently mentally or physically incapacitated from regular and substantial gainful employment and that such member should be retired.
(b) Upon retirement for disability, the member shall receive a service retirement allowance if he or she has attained age 62; otherwise, he or she shall receive a disability retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement, and a pension, which when added to the member's annuity shall be equal to three percent (3%) of the member's average final compensation multiplied by the member's number of years of membership service. Notwithstanding the foregoing, the disability retirement allowance shall not exceed eighty percent (80%) of the member's average final compensation.
(c) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once every three-year period thereafter, the Board of Control may require any disability beneficiary who has not yet attained age 62 to undergo a medical examination, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon by a physician or physicians of or designated by the medical board. Should any disability beneficiary who has not yet attained age 62 refuse to submit to such medical examination, his or her retirement allowance may be discontinued until his or her withdrawal of such refusal, and should his or her refusal continue for one year, all his or her rights in and to his or her pension may be revoked by the Board of Control. Should the medical board report and certify to the Board of Control that a disability beneficiary has the capacity to engage in regular and substantial gainful employment, the Board of Control shall discontinue the beneficiary's retirement allowance until the beneficiary is otherwise eligible for service retirement.
(Act 2015-498, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.7 - (Effective November 8, 2016, Subject to Contingencies) Cancellation of Survivor Allowance.

Section 12-17-227.7
(Effective November 8, 2016, subject to contingencies) Cancellation of survivor allowance.
Any member of the plan who is retired and who has selected a survivor option may cancel the survivor allowance payable to his or her designated beneficiary. Such election shall be in accordance with the rules and regulations prescribed by the Board of Control and once made by the member shall be irrevocable. Any member who so elects to cancel a survivor allowance shall designate such new beneficiary as he or she shall nominate to receive a pro rata payment for the number of days the member shall live during the month of his or her death. Any cancellation of a survivor allowance under the provisions of this section shall be irrevocable by the member and payment of the pro rata amount for the number of days the member lives during the month of his or her death shall be in lieu of any other benefits heretofore payable.
(Act 2015-498, §25.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.8 - (Effective November 8, 2016, Subject to Contingencies) Withholdings From Retirement Pay.

Section 12-17-227.8
(Effective November 8, 2016, subject to contingencies) Withholdings from retirement pay.
(a) Any member who, at the time of his or her retirement is a member of and holds a policy in any state group hospitalization or health insurance plan, may in writing authorize the Secretary-Treasurer of the state retirement system to withhold from his or her retirement pay a sufficient sum or amount to pay the premium on such policy.
(b) The Secretary-Treasurer of the state Employees' Retirement System, when authorized by a retired employee, is hereby authorized to withhold from the retirement pay of such employee a sufficient amount to pay the premium on such policy and remit the same to the insurance carrier.
(Act 2015-498, §26.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.9 - (Effective November 8, 2016, Subject to Contingencies) Management and Supervision of Plan; Rulemaking Authority.

Section 12-17-227.9
(Effective November 8, 2016, subject to contingencies) Management and supervision of plan; rulemaking authority.
The District Attorneys' Plan shall be under the management and supervision of the Employees' Retirement System as a component of the Judicial Retirement Fund, with all contributions to the plan deposited and held in the same manner as contributions to the Judicial Retirement Fund. The Employees' Retirement System may adopt rules and regulations as necessary to implement the plan.
(Act 2015-498, §27.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.10 - (Effective November 8, 2016, Subject to Contingencies) Legislation to Include Costs.

Section 12-17-227.10
(Effective November 8, 2016, subject to contingencies) Legislation to include costs.
All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.
(Act 2015-498, §28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.11 - (Effective November 8, 2016, Subject to Contingencies) Supernumerary Program; Participation Election.

Section 12-17-227.11
(Effective November 8, 2016, subject to contingencies) Supernumerary program; participation election.
(a) A person serving as district attorney, supernumerary district attorney, or who has made an election to assume the office of supernumerary district attorney or is otherwise entitled to participate in the supernumerary district attorney program established under Division 2 of this article shall, subject to subsection (c), continue to serve or participate in the supernumerary district attorney program, which shall include the assumption of the office of the supernumerary district attorney after November 8, 2016 according to the terms and conditions of Division 2 of this article, notwithstanding the fact that the person may be re-elected after November 8, 2016 to the office he or she is holding on November 8, 2016.
(b) No person may participate in both the supernumerary district attorney program and the Employees' Retirement System based on the same service.
(c) A district attorney who was elected prior to November 8, 2016 and who is serving in the capacity of district attorney on and after November 8, 2016 and had prior service credit in the Employees' Retirement System, Teachers' Retirement System, or Judicial Retirement Fund prior to being elected district attorney shall have 30 days from November 8, 2016 to elect to participate in the District Attorneys' Plan established by this division. This election shall be irrevocable.
(d) An assistant or deputy district attorney who obtains service credit in that position as a Tier 1 plan member and is elected or appointed district attorney on or after November 8, 2016, may withdraw from service after completion of not less than 25 years of credible service and may retire without a reduction in retirement allowance upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be retired.
(Act 2015-498, §29.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.12 - (Effective November 8, 2016, Subject to Contingencies) Fraud; Correction of Errors.

Section 12-17-227.12
(Effective November 8, 2016, subject to contingencies) Fraud; correction of errors.
(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this plan in any attempt to defraud such plan shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00, or imprisonment not exceeding 12 months, or both such fine and imprisonment, at the discretion of the court.
(b) Should any charge or error in the records result in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the Board of Control shall correct such error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
(Act 2015-498, §31.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.13 - (Effective November 8, 2016, Subject to Contingencies) Exemption From Taxes; Assignability.

Section 12-17-227.13
(Effective November 8, 2016, subject to contingencies) Exemption from taxes; assignability.
The right of a person to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity or retirement allowance itself and any optional benefit or any other right accrued or accruing to any person under this division and the moneys in the fund are hereby exempt from any state or municipal tax and exempt from levy and sale, garnishment, attachment, or any other process whatsoever and shall be unassignable except as in this division specifically otherwise provide.
(Act 2015-498, §32.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.14 - (Effective November 8, 2016, Subject to Contingencies) Admissibility of Evidence.

Section 12-17-227.14
(Effective November 8, 2016, subject to contingencies) Admissibility of evidence.
Official copies of records or documents maintained on microfilm, microfiche or other photo-reproductive material of archival quality by the Employees' Retirement System shall be admissible as primary evidence in any legal, judicial, or administrative proceeding or action for the purpose of proving the truth of the contents of the photo-reproduced copies of such records or documents, regardless of any rule of evidence or law relating to the proof of such matters, provided the Secretary-Treasurer of the Employees' Retirement System of Alabama certifies on such copies offered into evidence that the Employees' Retirement System of Alabama is not in possession of the original and that the copy is a true and correct representation of the original.
(Act 2015-498, §33.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.15 - (Effective November 8, 2016, Subject to Contingencies) Relation to Other Laws.

Section 12-17-227.15
(Effective November 8, 2016, subject to contingencies) Relation to other laws.
No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the state shall apply to members of the plan established by this division, except as to provisions for coverage under the federal Social Security Act, as may be provided by state and federal laws.
(Act 2015-498, §34.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 6 - District Attorneys'plan for Retirement. › Section 12-17-227.16 - (Effective November 8, 2016, Subject to Contingencies) Compliance With Qualification Standards.

Section 12-17-227.16
(Effective November 8, 2016, subject to contingencies) Compliance with qualification standards.
The Board of Control is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the plan as may be necessary to ensure the plan's compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
(Act 2015-498, §35.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 7 - Office of Prosecution Services. › Section 12-17-230 - Established; Purpose.

Section 12-17-230
Established; purpose.
(a) The Office of Prosecution Services is hereby established.
(b) It shall be the purpose of the Office of Prosecution Services to assist the prosecuting attorneys throughout the state in their efforts against criminal activity in the state. Such assistance may include:
(1) The obtaining, preparation, supplementing and dissemination of indexes to and digests of the decisions of the Supreme Court and the Court of Appeals of Alabama and other courts, statutes and other legal authorities relating to criminal matters;
(2) The preparation and distribution of model indictments, search warrants, interrogation advices and other common and appropriate documents employed in the administration of criminal justice at the trial level;
(3) The preparation and distribution of a basic prosecutor's manual and other educational materials;
(4) The promotion of and assistance in the training of prosecuting attorneys;
(5) The provision of legal research assistance to prosecuting attorneys;
(6) The provision of such assistance to law enforcement agencies as may be lawful; and
(7) The provision of such other assistance to prosecuting attorneys which is necessary for the successful implementation of this article or which hereafter may be authorized by law.
(Acts 1975, No. 1037, p. 2079, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 7 - Office of Prosecution Services. › Section 12-17-231 - Executive Director and Staff Not Subject to Merit System but Eligible for State Retirement Benefits.

Section 12-17-231
Executive director and staff not subject to merit system but eligible for state retirement benefits.
There shall be an executive director of the Office of Prosecution Services and whatever staff is necessary to carry out the purpose of this office. Such director and employees shall not be subject to the provisions of the State Merit System Act but shall be eligible to participate in the State Employees' Retirement System and shall be credited for retirement purposes by the Alabama State Retirement System for all time employed by the office prior to May 17, 1984, provided that the director and each employee shall pay to the secretary-treasurer within two years from May 17, 1984 the amount he would have been required to contribute to the Employees' Retirement System for each year of prior service had he been a member, together with eight percent compounded interest. Past employees may obtain credit for past service in the same manner as present employees.
(Acts 1975, No. 1037, p. 2079, §2; Acts 1984, No. 84-325, p. 745, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 7 - Office of Prosecution Services. › Section 12-17-232 - Appointment, Tenure, Compensation and Duties of Executive Director.

Section 12-17-232
Appointment, tenure, compensation and duties of executive director.
The Executive Committee of the Alabama District Attorneys Association shall appoint the executive director, shall fix the conditions of employment and tenure in office, and shall be responsible for the efficient discharge of his or her duties, all in accordance with the constitution and bylaws of the association. The executive committee shall fix the salary of the executive director within the total sum of funds available from all sources, but limited to federal grants, dues, contributions, gifts, and the funds described in Section 12-17-233. The executive director shall, with the advice and consent of the executive committee, employ persons within the total sum of moneys available from all sources, but limited to federal grants, dues, contributions, gifts, and the funds described in Section 12-17-233, fix their conditions of employment and tenure in office and shall be responsible for the efficient discharge of their duties.
(Acts 1975, No. 1037, p. 2079, §3, Act 2001-443, p. 57, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 7 - Office of Prosecution Services. › Section 12-17-233 - Funding; Annual Audit.

Section 12-17-233
Funding; annual audit.
It is the intention of the Legislature that the Office of Prosecution Services be funded from the several district attorney or solicitor funds of all 39 judicial circuits. This article hereby authorizes the lawful custodians of such funds to contribute moneys for the administration of the Office of Prosecution Services. Such custodians shall be required to remit, on a monthly basis, 10 percent of the moneys collected for their respective district attorney or solicitor funds to the Office of Prosecution Services; provided, that nothing contained in this article shall prohibit such custodians from contributing over and above 10 percent of the moneys collected for their respective district attorney or solicitor funds. The Department of Examiners of Public Accounts shall audit all the expenditures and revenues of this agency annually. The Legislature may make appropriations to said office, and the office is authorized to receive and expend any such appropriations.
(Acts 1975, No. 1037, p. 2079, §4; Acts 1984, No. 84-325, p. 745, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 7 - Office of Prosecution Services. › Section 12-17-233.1 - Transfers of Budget Excesses.

Section 12-17-233.1
Transfers of budget excesses.
For the purposes of Section 41-19-10, the Office of Prosecution Services is considered within the same program as the offices of district attorneys. Upon approval of the finance director, transfers of any budget excesses from district attorneys objects of expenditures may be made to the Office of Prosecution Services objects of expenditures. Any such transfers to said office shall not revert to the General Fund and may be expended by the Office of Prosecution Services in accordance with applicable law. Any such transfers to the Office of Prosecution Services are limited to two and one half percent of district attorneys annual budget.
(Acts 1984, No. 84-325, p. 745, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 7 - Office of Prosecution Services. › Section 12-17-234 - Restriction on Powers of Office.

Section 12-17-234
Restriction on powers of office.
Anything in this article to the contrary notwithstanding, the Office of Prosecution Services may not exercise any power, supervisory or otherwise, undertake any duty or perform any function presently or hereafter assigned by law to the Governor of this state, the Attorney General, the Chief Justice of the Supreme Court or any district attorney of any court of record in this state.
(Acts 1975, No. 1037, p. 2079, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 7 - Office of Prosecution Services. › Section 12-17-235 - Domestic Violence Resource Prosecutor.

Section 12-17-235
Domestic violence resource prosecutor.
(a) There shall be created the position of a domestic violence resource prosecutor at the Office of Prosecution Services to be fully funded through the Department of Economic and Community Affairs at eighty thousand dollars ($80,000) per year.
(b) The domestic violence resource prosecutor shall have the following duties and responsibilities:
(1) To train prosecutors, law enforcement, and domestic violence shelters on the laws related to domestic violence.
(2) To be a liaison between the domestic violence shelters, prosecutors, and law enforcement.
(3) To advocate for victims of domestic violence.
(4) Any other duties as assigned by the Executive Director at the Office of Prosecution Services.
(Act 2015-493, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 1 - District Court Administrative Agency and Magistrates. › Section 12-17-250 - District Court Administrative Agency Created; Powers and Duties Thereof; Persons Deemed Officials of Agency; Judicial Powers Thereof Generally.

Section 12-17-250
District court administrative agency created; powers and duties thereof; persons deemed officials of agency; judicial powers thereof generally.
The district court shall have under its supervision a district court administrative agency empowered to provide expeditious service in connection with administrative adjudication of minor misdemeanors, the issuance of warrants, certain juvenile justice functions, as provided by this title, and other powers provided by law; provided, that the clerk of the district court shall have responsibility for administration of said clerk's office.
The personnel designated by the judge or judges and the clerk of the district court, as magistrates and referees in juvenile cases, shall be considered as officials of such administrative agency. Such officials shall be vested with judicial power reasonably incident to the accomplishment of the purposes and responsibilities of the administrative agency; provided, that the clerk of the district court shall have responsibility for administration of said clerk's office.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 1 - District Court Administrative Agency and Magistrates. › Section 12-17-251 - Magistrates Deemed Chief Officers of Agency; Appointment and Powers of Magistrates.

Section 12-17-251
Magistrates deemed chief officers of agency; appointment and powers of magistrates.
(a) The magistrates shall be considered the chief officers of such administrative agency, subject to the administrative direction of the clerk of the district court.
(b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates by class or position. In addition thereto, the Supreme Court may provide for the appointment of other magistrates by the Administrative Director of Courts, upon recommendation and nomination by the judge or judges and the clerk of the district court under whom such magistrates are to serve.
(c) The powers of a magistrate shall be limited to:
(1) Issuance of arrest warrants and, where such magistrate is licensed to practice law in Alabama or was serving as a full-time magistrate or warrant clerk on September 1, 1976, and who continued in such capacity as a merit system employee in the district court, search warrants;
(2) Granting of bail in minor misdemeanor prosecutions;
(3) Receiving of pleas of guilty in minor misdemeanors where a schedule of fines has been prescribed by rule; and
(4) Such other authority as may be granted by law.
(Acts 1975, No. 1205, p. 2384, §4-106; Acts 1977, No. 551, p. 740; Acts 1980, No. 80-765, p. 1594.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 1 - District Court Administrative Agency and Magistrates. › Section 12-17-252 - Supreme Court to Provide Rules of Administration for Agency.

Section 12-17-252
Supreme Court to provide rules of administration for agency.
The Supreme Court shall provide rules of administration for such administrative agency, including the bonding of all officials who will be handling money.
(Acts 1975, No. 1205, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 1 - District Court Administrative Agency and Magistrates. › Section 12-17-253 - Election by Inferior Court Judges Whose Positions Abolished by Constitution to Become Magistrates for Duration of Unexpired Terms as Judges; Salaries of Such Judges.

Section 12-17-253
Election by inferior court judges whose positions abolished by Constitution to become magistrates for duration of unexpired terms as judges; salaries of such judges.
In the event that there exists within the State of Alabama a judge of a court inferior to the circuit court in any county, municipal judges excluded, who is not qualified under the provisions of Amendment 328 to the Constitution of Alabama to continue to be a judge and whose judgeship is abolished by said Amendment 328 prior to the expiration of his term, then said judge may elect to automatically become a magistrate under this title for the duration of his unexpired term as a judge; provided, that such election shall be made in writing prior to January 1, 1977, and filed with the Secretary of State.
The salary of such magistrate, to be paid by the state, shall be equal to the salary such judge earned as such inferior court judge on September 1, 1975.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 2 - Supernumerary Magistrates. › Section 12-17-260 - Who May Become Supernumerary Magistrate.

Section 12-17-260
Who may become supernumerary magistrate.
If there exists within the State of Alabama judges or former judges of a court inferior to the circuit court in any county, municipal judges excluded, who, elected to become a magistrate under Section 4-106(g)(4) of Act No. 1205, S. 400, 1975 Regular Session (Acts of 1975, p. 2384), now appearing as Section 12-17-253, and such former magistrates shall have served a total of 16 years as said magistrates, taking into consideration for purposes of computing said 16 years the time served by said former magistrates as judges of said inferior court or its predecessor inferior court and who have reached or passed the age of 65, they may elect to become a supernumerary magistrate.
(Acts 1988, No. 88-313, p. 475, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 2 - Supernumerary Magistrates. › Section 12-17-261 - Filing of Written Declaration; Issuance of Commission.

Section 12-17-261
Filing of written declaration; issuance of commission.
Any former magistrate who is qualified to become a supernumerary magistrate under any of the provisions of this article may elect to become a supernumerary magistrate of the district court of the county in which said magistrate served as such official at any time within one year from April 28, 1988, by filing a written declaration to that effect with the Administrative Director of Courts at least 30 days prior to the time said former magistrate desires to become a supernumerary official. If the Administrative Director of Courts shall find that such applicant is qualified under any of the provisions of this article, a commission as supernumerary magistrate of the district court for the county in which he has served shall thereupon be issued to such applicant by the Secretary of State.
(Acts 1988, No. 88-313, p. 475, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 2 - Supernumerary Magistrates. › Section 12-17-262 - Term of Office; Salary.

Section 12-17-262
Term of office; salary.
Every such supernumerary magistrate shall serve for life and receive in equal monthly installments on the first of each month an annual salary to be paid by the state in an amount equal to 50 percent of the salary paid from time to time to supernumerary district attorneys under Acts 1969, No.1050, p. 1965, or its successors, now appearing as Section 12-17-215, for the payment of which an appropriation shall be made from the State General Fund.
(Acts 1988, No. 88-313, p. 475, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 2 - Supernumerary Magistrates. › Section 12-17-263 - Notice to Administrative Director of Courts of Intention to Become Supernumerary Magistrate; Payment of Percentage of Salary Earned as Judge or Magistrate; Oath of Office; Appointment of Supernumerary Magistrate to Fill Vacancy.

Section 12-17-263
Notice to Administrative Director of Courts of intention to become supernumerary magistrate; payment of percentage of salary earned as judge or magistrate; oath of office; appointment of supernumerary magistrate to fill vacancy.
A former magistrate electing to come under the provisions of this article shall notify the Administrative Director of Courts in writing of his intention to become a supernumerary magistrate. He must also pay to the State General Fund an amount equal to six percent of the salary earned each year in his capacity as magistrate or as a judge of an inferior court. Upon receipt of a former magistrate's application for a supernumerary appointment, the Administrative Director of Courts shall notify said applicant within 60 days of the receipt of said application and of the amount of the contribution due to be paid to the State General Fund. Such supernumerary magistrates of the district courts in the various counties of the State of Alabama shall take the oath of office prescribed for magistrates and if a vacancy shall occur in the office of magistrate in the county in which said supernumerary magistrate holds a commission, the Chief Justice of the Supreme Court may immediately appoint such supernumerary magistrate to fill said vacancy and such supernumerary magistrate so appointed shall immediately assume and exercise all of the duties, powers and authority of such official in said county, without further compensation, until a permanent successor is appointed or is otherwise selected.
(Acts 1988, No. 88-313, p. 475, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 2 - Supernumerary Magistrates. › Section 12-17-264 - Prior Service Credit.

Section 12-17-264
Prior service credit.
Prior service credit may be obtained by any former magistrate who is entitled to take advantage of this article for years served in his individual capacity as magistrate or judge of any inferior court, municipal judges excluded, by contributing an amount equal to six percent of his then salary for each year for which prior service credit is sought.
(Acts 1988, No. 88-313, p. 475, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 8 - District Court Administrative Agency, Magistrates, and Supernumerarymagistrates. › Division 2 - Supernumerary Magistrates. › Section 12-17-265 - Benefit to Surviving Spouse of Supernumerary Magistrate.

Section 12-17-265
Benefit to surviving spouse of supernumerary magistrate.
In the event of the death of any supernumerary magistrate in whose favor a monthly retirement allowance is accruing, his spouse shall be entitled to a monthly allowance equal to 50 per centum of the retirement allowance the supernumerary magistrate was receiving when he died, as hereinafter specified, for a period of up to 25 years. No spouse shall receive any benefits under this article unless such spouse was married to the deceased supernumerary magistrate at the time of his death and any benefits of a spouse under this article shall terminate in the event the spouse remarries.
(Acts 1988, No. 88-313, p. 475, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 1 - General Provisions. › Section 12-17-270 - Appointment; Qualifications; Term of Office; Removal.

Section 12-17-270
Appointment; qualifications; term of office; removal.
Each of the judges of the circuit courts of this state shall appoint a competent person to perform the duties of official court reporter of the courts in the circuit over which said judge presides. No two or more judges shall appoint the same court reporter. The official court reporter shall be an officer of the court and within his circuit shall have power to administer oaths and shall hold office at the pleasure of the judge, who shall have power to remove said official reporter at any time. The court reporter shall not be related to the trial judge within the fourth degree of consanguinity or affinity, and any appointment of a court reporter so related to the trial judge within the prohibited degree shall be void. The provisions of this section shall not apply to circuits which consist of only one county and have three or more than three judges.
(Acts 1920, No. 124, p. 164; Code 1923, §6733; Code 1940, T. 13, §261.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 1 - General Provisions. › Section 12-17-271 - Existing Positions Continued; Authorization of Additional Positions by Administrative Director of Courts.

Section 12-17-271
Existing positions continued; authorization of additional positions by Administrative Director of Courts.
Positions for court reporters existing on October 10, 1975, shall continue as provided by law. Additional positions for court reporters in the circuit and district court may be authorized by the Administrative Director of Courts upon recommendation of presiding circuit judges.
(Acts 1975, No. 1205, p. 2384, §7-107.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 1 - General Provisions. › Section 12-17-272 - Special Roving Reporters.

Section 12-17-272
Special roving reporters.
Special roving reporters may be appointed and serve at the pleasure of the Administrative Director of Courts on either a part-time or full-time basis and shall perform duties at places and in such manner as prescribed by the Administrative Director of Courts. The rate of compensation of such special roving reporter shall be established by the Administrative Director of Courts. Special reporters may be employed by a circuit judge or district court judge, as the work of the court requires, subject to prior approval of the Administrative Director of Courts as to the need of such employment, length of employment, amount of compensation and use thereof. Transcript fees of special roving reporters and special reporters shall be paid at the rate set for court reporters, pursuant to Section 12-17-276. The Administrative Director of Courts shall promulgate regulations providing for use by judges of official court reporters or previously appointed special roving reporters and special reporters when these reporters are not otherwise officially engaged in order that special reporters only be appointed when official reporters and special roving reporters are not available.
(Acts 1975, No. 1205, p. 2384, §7-110.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 1 - General Provisions. › Section 12-17-273 - Oath.

Section 12-17-273
Oath.
Before any official court reporter, special reporter or roving reporter shall enter upon the duties of his office, he must subscribe to an oath to support the constitution and laws of the State of Alabama and to faithfully perform all the duties of such office.
(Acts 1919, No. 302, p. 268; Code 1923, §6740; Code 1940, T. 13, §268.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 1 - General Provisions. › Section 12-17-274 - Compensation; Cost-of-Living and Merit Increases.

Section 12-17-274
Compensation; cost-of-living and merit increases.
(a) An official court reporter shall be paid a salary by the state in an amount as shall be established by law, to be paid as other state employees are paid.
(b)(1) In addition to the salary paid by the state, each official court reporter shall be paid a salary by the counties composing the circuit in an amount as shall be established by law.
(2) In circuits composed of more than one county, each county shall pay its pro rata part thereof, based on the assessed tax valuation of all property in the county for the preceding year.
(3) The payments shall be made in favor of the official court reporter for the respective amounts due by the several counties each month and shall be paid by the treasurer of each county out of the general fund.
(c) This section shall not be construed to repeal or amend any local law, special law, general law, or general law of local application providing extra allowances, compensation, or expenses, for any official court reporter paid from the funds of any county or counties.
(d)(1) Beginning on October 1, 2018, the state salary of an official court reporter not covered by the Merit System of the State of Alabama shall conform to the pay scale established by the State of Alabama Personnel Department Pay Plan for state employees.
(2) An official court reporter serving on October 1, 2018, shall receive a salary equivalent to step 8 of pay grade 77.
(3) An official court reporter employed after October 1, 2018, shall receive a salary equivalent to step 1 of pay grade 77.
(e) An official court reporter shall be entitled to any cost-of-living adjustments given to all state employees and shall also be entitled to any merit raises given to Unified Judicial System employees after March 1, 2018.
(f) In the event of a break in service of an official court reporter paid under the pay scale established by the State of Alabama Personnel Department Pay Plan for state employees, should the official court reporter return to service, the official court reporter shall return to service under the same grade and step in effect at the separation date of the official court reporter.
(Acts 1919, No. 302, p. 268; Code 1923, §6739; Acts 1927, No. 499, p. 599; Acts 1939, No. 70, p. 111; Code 1940, T. 13, §267; Acts 1943, No. 591, p. 596; Acts 1947, No. 392, p. 289; Acts 1951, No. 691, p. 1192; Acts 1953, No. 437, p. 544; Acts 1955, No. 431, p. 977; Acts 1957, No. 120, p. 171; Acts 1957, No. 294, p. 376; Acts 1959, No. 363, p. 951; Acts 1963, 2nd Ex. Sess., No. 75, p. 242; Acts 1963, No. 518, p. 1106; Acts 1969, No. 510, p. 978; Acts 1975, No. 1205, p. 2384, §7-110; Acts 1985, No. 85-654, p. 1023; Act 97-941, 1st Sp. Sess., p. 512, §1; Act 2018-148, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 1 - General Provisions. › Section 12-17-275 - Duties.

Section 12-17-275
Duties.
The official court reporter shall attend in person, except as otherwise herein provided, the sessions of court held in the circuit for which he is appointed, and in every case, where directed by the judge or requested by a party thereto, he shall take full stenographic notes of the oral testimony and proceedings, except argument of counsel, and note the order in which all documentary evidence is introduced, all objections of counsel, the rulings of the court thereon and exceptions taken or reserved thereto. When directed by the judge, he shall attend the investigations of the grand jury and there take such notes of the testimony as directed by the district attorney or foreman. The original stenographic notes of such court reporter in each case or proceeding officially reported shall be preserved by him and treated as a part of the records of the respective courts, and upon his retirement from office, shall be turned over to the clerks of such courts. In cases where the testimony is taken orally before the judge, the court reporter, whenever ordered by the judge, shall transcribe his stenographic notes of such oral testimony and file the same.
(Acts 1919, No. 302, p. 268; Code 1923, §6734; Code 1940, T. 13, §262.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 1 - General Provisions. › Section 12-17-276 - Transcript Fees.

Section 12-17-276
Transcript fees.
Notwithstanding any statutes existing on October 10, 1975, which prescribe fees to be paid to court reporters for producing transcripts of their stenographic notes, the amounts of these fees may be fixed and adjusted by the Supreme Court at such times as it shall determine.
(Acts 1975, No. 1205, p. 2384, §7-110.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 9 - Court Reporters. › Division 1 - General Provisions. › Section 12-17-277 - Fee for Court Reporter Taxed as Costs in Cases Utilizing Reporter.

Section 12-17-277
Fee for court reporter taxed as costs in cases utilizing reporter.
In all cases reported by an official court reporter or special reporter, there shall be taxed, as part of the costs of the case, a fee of $5.00 for each day or fraction thereof that such reporter shall be engaged in reporting a case, to be collected as costs as in other cases and, when collected, paid by the clerk of the court into the county treasury of the county in which the case is tried.
(Acts 1919, No. 302, p. 268; Code 1923, §6738; Code 1940, T. 13, §266.)