reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 9 - Discharge of Jurors and Jury. › Section 12-16-232 - Consent by Parties to Discharge of Member of Jury and to Rendition of Verdict by Remaining Jurors.

Section 12-16-232
Consent by parties to discharge of member of jury and to rendition of verdict by remaining jurors.
(a) At any stage of a trial then pending, whether the jury has retired or not, the parties may unanimously consent in open court, with legal effectiveness, to the discharge from further duty of any member of the jury trying the case and to a continuation of the trial and the rendition of a verdict by the remaining jurors. A verdict returned by the remaining jurors shall be as valid and as legally effective as if it had been returned by the full jury.
(b) Prior to the commencement of a trial, the parties may unanimously stipulate in open court, with legal effectiveness, that in the event it becomes necessary during the pendency of the trial, whether the jury has retired or not, for the court to discharge from further duty any member of the jury trying the case because of the juror's sickness or other good cause, the trial shall continue with and a verdict be rendered by the remaining jurors. A verdict returned by the remaining jurors shall be as valid and as legally effective as if it had been returned by the full jury.
(c) The provisions of this section shall apply to any and every kind of action except prosecutions for capital felonies.
(d) This section shall be cumulative and alternative to the provisions of Sections 12-16-230 and 12-16-231.
(Acts 1943, No. 168, p. 156.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 9 - Discharge of Jurors and Jury. › Section 12-16-233 - Discharge of Jury and Entry of Mistrial.

Section 12-16-233
Discharge of jury and entry of mistrial.
The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent of all parties to the trial or without the consent of the parties, when, in the opinion of the court or judge, there is a manifest necessity for the discharge or when the ends of justice would otherwise be defeated. In all cases in which the jury is discharged without a verdict, a mistrial shall be entered upon the minutes of the court, assigning the reason or cause for the mistrial, and no person shall gain any advantage by reason of such discharge of the jury.
(Code 1907, §7314; Code 1923, §8696; Code 1940, T. 30, §100.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 1 - General Provisions. › Section 12-17-1 - County Court Personnel Serving District and Circuit Courts to Become Employees of State; Court Personnel Subject to Benefits and Regulations of Merit and Retirement Systems; Settlement of Disputes Regarding Which Persons Are Court Personnel.

Section 12-17-1
County court personnel serving district and circuit courts to become employees of state; court personnel subject to benefits and regulations of merit and retirement systems; settlement of disputes regarding which persons are court personnel.
(a) County personnel. - All full-time county personnel, including all persons for whom funding is provided by the unified judicial budget, serving the district and circuit courts, other than sheriff's deputies and employees and building maintenance and security personnel, shall become employees of the State of Alabama on October 1, 1977. No such personnel so employed as of August 26, 1976 shall be deemed to be ineligible to continue as an employee of the respective courts by virtue of or by operation of the provisions of Section 41-1-5, nor shall such person be deemed to be in violation of the provisions of Section 41-1-5.
(b) Merit and retirement systems. - Except as otherwise provided by law or rule, all court personnel employed by the state shall be subject to the State Merit System, retirement and other benefits applicable to other state employees.
(c) Determination of controversies as to composition, etc., of court personnel. - Any controversy regarding the composition of that class of persons qualifying as court personnel shall be determined by the Administrative Director of Courts with the advice and consent of the Supreme Court except where such determinations relate to eligibility, membership, benefits or any other question whatsoever related to retirement, such determination shall be made by the board of control of the Employees' Retirement System of Alabama.
(Acts 1975, No. 1205, p. 2384, §7-101; Acts 1976, No. 761, p. 1045.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 1 - General Provisions. › Section 12-17-2 - Court Personnel Included in State Employee Personnel System; Establishment of Job Descriptions, Rates of Compensation, etc., Applicable to Court Personnel.

Section 12-17-2
Court personnel included in state employee personnel system; establishment of job descriptions, rates of compensation, etc., applicable to court personnel.
Except as otherwise provided by law, all court personnel shall be included in the state employee personnel system; provided, that job descriptions, regulations, rates of compensation and administrative procedures applicable to court personnel shall be established by the Administrative Director of Courts after consultation with the state employee personnel system; provided, that for any court official or employee with a salary rate which, immediately before October 10, 1975, exceeded the salary rate provided by this title, the county where the court for which he works is located must supplement his salary to an extent sufficient to maintain such former higher rate.
(Acts 1975, No. 1205, p. 2384, §7-102.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 1 - General Provisions. › Section 12-17-3 - Reimbursement of Employees for Expenses Incurred at Locations Other Than Principal Court Site.

Section 12-17-3
Reimbursement of employees for expenses incurred at locations other than principal court site.
Court employees, including, but not limited to, active and supernumerary court reporters, clerks, registers and persons employed in those offices, shall be reimbursed by the state in the same manner as state employees generally for their expenses incurred in the performance of official duties at locations other than their principal court site.
(Acts 1975, No. 1205, p. 2384, §7-111.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 1 - General Provisions. › Section 12-17-5 - Judicial Immunity of Magistrates and Clerks of the Circuit and District Courts Under Certain Conditions.

Section 12-17-5
Judicial immunity of magistrates and clerks of the circuit and district courts under certain conditions.
In the performance of any duties provided for by Sections 12-17-94(a) and 12-17-251(c), every magistrate and clerk of the circuit and district courts of this state shall have absolute judicial immunity from any liability arising from the execution of the duties provided for by Sections 12-17-94(a) and 12-17-251(c).
(Act 2019-223, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-21 - Judgeships to Be Numbered in Circuits With More Than One Judge; Candidates to Designate Judgeship for Which They Are Candidate.

Section 12-17-21
Judgeships to be numbered in circuits with more than one judge; candidates to designate judgeship for which they are candidate.
In judicial circuits with more than one circuit judge, each judgeship shall be numbered. Candidates for the office of circuit judge in such circuits in any election shall designate the numbered judgeship for which they are a candidate.
(Acts 1977, No. 20, p. 28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-22 - Residence.

Section 12-17-22
Residence.
Each circuit judge 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.
(Code 1852, §§626, 643; Code 1867, §§744, 761; Code 1876, §§665, 668; Code 1886, §757; Code 1896, §920; Code 1907, §3257; Code 1923, §6704; Code 1940, T. 13, §176.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-23 - Presiding Judges - How Selected.

Section 12-17-23
Presiding judges - How selected.
The presiding judge of a circuit shall be elected by a majority vote of circuit judges in the circuit. In the event of the failure of any judge to receive a majority vote, the Supreme Court shall provide by rule for selection of the presiding judge.
(Acts 1975, No. 1205, p. 2384, §2-105.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-24 - Presiding Judges - Supervision of Judges and Other Court Personnel.

Section 12-17-24
Presiding judges - Supervision of judges and other court personnel.
The presiding circuit judge shall exercise a general supervision of the judges, clerks, registers, court reporters, bailiffs, sheriffs and other court employees of the circuit and district courts within the circuit, except employees of the clerk, and see that they attend strictly to the prompt, diligent discharge of their duties.
(Acts 1915, No. 712, p. 809; Code 1923, §6698; Code 1940, T. 13, §172; Acts 1975, No. 1205, p. 2384, §2-103.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-24.1 - Family Court Divisions; Implementation Plan.

Section 12-17-24.1
Family court divisions; implementation plan.
(a) Except as provided in subsection (c), the presiding circuit judge of any judicial circuit may establish by means of a written order, a family court division or divisions of the judicial circuit. The presiding circuit judge shall assign one or more of the existing circuit or district judges to preside in the family court division. The circuit or district court judges assigned to the family court division shall handle all cases and proceedings involving domestic relations, divorces, annulments of marriage, legal separations, custody and support of children, granting and enforcement of alimony, proceedings under any uniform interstate support or custody act, and all other domestic and marital matters over which the circuit courts have jurisdiction, including non-support cases arising in the circuit court under Chapter 3 and Chapter 4, Title 30, as well as other matters within the jurisdiction of the juvenile court. In the event a district judge is assigned, the district judge shall serve as an ex officio circuit judge when handling cases. The presiding circuit judge may assign other relevant cases to the family court division.
(b) The presiding circuit judge of each judicial circuit choosing to establish a family court division shall coordinate with the Administrative Director of Courts in the development of a written implementation plan and shall submit the plan to the Chief Justice of the Alabama Supreme Court for approval. The plan shall become effective no later than 90 days upon approval by the Chief Justice of the Alabama Supreme Court.
(c) This section shall not apply to any circuit which already has a family court structure established by local law, including the Sixth, Seventh, Tenth, Thirteenth, Fifteenth, Twentieth, Twenty-third, and Thirty-seventh Judicial Circuits, unless otherwise provided by local law.
(Acts 1982, No. 82-546, p. 896, §6; Acts 1982, No. 82-676, p. 113, §6; Act 2000-749, p. 1697, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-24.2 - Jurisdiction of Family Court Division.

Section 12-17-24.2
Jurisdiction of Family Court Division.
(a) The Family Court Division of the Circuit Court of the 37th Judicial Circuit shall handle all cases and proceedings involving divorces, annulments of marriages, custody and support of children, granting and enforcement of alimony, proceedings under any reciprocal non-support act, and all other domestic and marital matters over which the circuit courts have jurisdiction, including non-support cases arising in the circuit under Title 30, Chapters 3 and 4.
(b) The division shall also have and exercise jurisdiction over juveniles for the purposes of subsection (a), and for the enforcement of Chapter 15 of this title.
(c) All cases and proceedings involving domestic relations and marital matters which originate in the circuit court shall be assigned to the family court division. If the docket of the division is overcrowded, cases may be reassigned by the presiding judge of the circuit court to other circuit and district judges of the circuit.
(d) When the family court division of the circuit court has been organized pursuant to Section 12-17-20 and this section and is ready to function, all cases or causes pending in the District Court of Lee County or the Circuit Court of the 37th Judicial Circuit having jurisdiction of juveniles and matters involving domestic relations shall be transferred to the family court division. However, those pending cases which have been heard and are awaiting a final disposition at the time of the commencement of the family court division, shall remain with the judge who conducted the hearings or trials.
(Acts 1997, No. 97-407, p. 667, §(b)-(e).)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-25 - Appointment of Relief Judges to Assist in Clearing Dockets.

Section 12-17-25
Appointment of relief judges to assist in clearing dockets.
Any judge shall, whenever he deems it necessary, call on the Chief Justice of the Supreme Court to assign one or more judges to relieve the judges who need assistance in clearing dockets, civil and criminal.
(Acts 1915, No. 712, p. 809; Acts 1919, No. 321, p. 275; Code 1923, §6699; Code 1940, T. 13, §173; Acts 1949, No. 411, p. 583; Acts 1953, No. 510, p. 645; Acts 1957, No. 680, p. 1029; Acts 1959, 2nd Ex. Sess., No. 92, p. 276.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-26 - Authority and Duties Generally.

Section 12-17-26
Authority and duties generally.
Circuit judges have the following authority and duties:
(1) To grant stays of proceedings and writs of certiorari, quo warranto, mandamus and all other remedial and original writs which are grantable by judges at common law.
(2) To grant writs of injunction and ne exeat, returnable into the circuit court.
(3) To administer oaths and take acknowledgments and affidavits in all cases in which oaths and affidavits are required by law.
(4) To exercise such other powers as are or may be granted them by law.
(Code 1852, §629; Code 1867, §747; Code 1876, §658; Code 1886, §758; Code 1896, §921; Code 1907, §3259; Code 1923, §6709; Code 1940, T. 13, §182.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-27 - Authority of Judge Outside Own Circuit.

Section 12-17-27
Authority of judge outside own circuit.
Whenever a circuit judge has jurisdiction of any case, it shall not be necessary for him to be in the judicial circuit in which the case is pending to make interlocutory or final orders or judgments in said case, but any such order or judgment may be made by said judge in any part of the state.
(Code 1923, §6710; Code 1940, T. 13, §183.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-28 - Writs of Certiorari to District and Municipal Courts.

Section 12-17-28
Writs of certiorari to district and municipal courts.
Judges of circuit courts may grant writs of certiorari directed to judges of district and municipal courts in all cases where appeals lie from such courts to the circuit court.
(Acts 1915, No. 821, p. 941; Code 1923, §6711; Code 1940, T. 13, §184.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-29 - Absence of Judge Adjourns Court.

Section 12-17-29
Absence of judge adjourns court.
When any circuit judge fails to attend, the court stands adjourned from day to day until the judge or another circuit or special judge appears to open and hold the court.
(Code 1852, §633; Code 1867, §751; Code 1876, §660; Code 1886, §759; Code 1896, §922; Code 1907, §3260; Code 1923, §6712; Code 1940, T. 13, §185.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 1 - General Provisions. › Section 12-17-30 - Salary; Effect on Other Provisions; Judges and District Attorney's Supplements.

Section 12-17-30
Salary; effect on other provisions; judges and district attorney's supplements.
(a) Circuit judges shall receive an annual state salary in the amount of $34,000 commencing October 1, 1979.
(b) The provisions of this section shall not apply to Section 12-17-68 and Section 12-17-92.
(c) Any salary supplement received by any circuit judge or district attorney which now exceeds $11,000, or because of the enactment of this section will exceed such sum, is hereby reduced to the sum of $11,000.
(Acts 1979, No. 79-826, p. 1562, §§1, 3, 4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 2 - Circuit Court Judges. › Division 2 - Supernumerary Circuit Judges. › Section 12-17-40 - Continuation of Laws Concerning Duties, Benefits, etc.; Election of Supernumerary Status.

Section 12-17-40
Continuation of laws concerning duties, benefits, etc.; election of supernumerary status.
(a) All laws dealing with the eligibility of judges of the circuit court to assume duties and obligations, and to claim and receive benefits, as supernumerary judges are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of September 18, 1973, continued in full force and effect, and shall not be repealed by the adoption of this code. Notwithstanding the foregoing, on the date that all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits, as, or, in the case of surviving spouses, on account of, supernumerary judges as of September 18, 1973, or those persons so electing pursuant to subsection (b), are deceased, all relevant laws relating thereto shall be repealed.
(b) Notwithstanding subsection (a), any person may elect to become a supernumerary circuit judge if he or she had completed the years of judicial service prescribed for eligibility for supernumerary status before September 18, 1973, and has reached the age prescribed for eligibility by the laws in force and effect on September 18, 1973. Any person electing supernumerary status pursuant to this subsection shall otherwise be eligible to receive the same benefits as provided for any other person taking supernumerary status pursuant to subsection (a).
(Acts 1977, No. 20, p. 28; Act 2009-647, p. 1987, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-60 - Boundaries of Districts for Election of Judges.

Section 12-17-60
Boundaries of districts for election of judges.
District court boundaries, for the purpose of election of district court judges, shall be coterminous with county boundaries unless otherwise provided in Section 12-17-61; provided, that the geographic area for the purpose of election of district court judges shall not alter or modify venue for actions in the district court as otherwise provided by law.
(Acts 1975, No. 1205, p. 2384, §4-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-61 - Number of Judges in Each District; Manner of Election of Judges Generally.

Section 12-17-61
Number of judges in each district; manner of election of judges generally.
Each county shall constitute a district and shall have one resident district judge, except that:
(1) Baldwin, Lee, Etowah, Russell, Talladega, Tuscaloosa, Walker, Houston, Dale, Shelby, Marshall, Cullman, Chambers, Elmore, Limestone, and St. Clair Counties shall each have two resident district judges.
(2) Montgomery, Morgan, and Calhoun Counties shall have three resident district judges.
(3) Madison County shall have four resident district judges.
(4) Mobile County shall have five resident district judges.
(5) Jefferson County shall have 12 resident district judges, who shall be nominated and elected in the manner provided by law for the nomination and election of circuit judges in the county. Three of such district judges shall serve in the Bessemer division and nine shall serve in the Birmingham division. The district judgeship created by Act 96-751 shall be assigned to the Family Court Division of Jefferson County, Birmingham Division.
(Acts 1975, No. 1205, p. 2384, §4-113; Acts 1979, No. 79-692, p. 1234, §6; Acts 1980, No. 80-583, p. 896, §1; Acts 1981, 3rd Ex. Sess., No. 81-1205, p. 534, §1; Acts 1984, No. 84-610, p. 1244, §1; Acts 1985, No. 85-546, p. 795, §1; Acts 1985, 2nd Ex. Sess., No. 85-924, §1; Acts 1989, No. 89-663, p. 1317; Acts 1989, No. 89-955, p. 1883, §7; Acts 1991, No. 91-558, p. 1029, §1; Acts 1994, No. 94-679, p. 1307, §1; Acts 1995, No. 95-776, p. 1848, §3; Acts 1996, No. 96-751, p. 1322, §1; Act 2000-765, p. 1732, §§4-8; Act 2007-382, p. 764, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-62 - Numbering and Designation of Positions on Ballots in Districts in Which More Than One Judge Elected.

Section 12-17-62
Numbering and designation of positions on ballots in districts in which more than one judge elected.
In districts with more than one district judge, each position shall be numbered and designated on primary and general election ballots.
(Acts 1975, No. 1205, p. 2384, §4-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-63 - Qualifications.

Section 12-17-63
Qualifications.
Candidates seeking to be elected as a district court judge shall be licensed to practice law in this state and shall file all necessary documents of qualification with the Secretary of State as provided by law.
(Acts 1975, No. 1205, p. 2384, §4-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-64 - Residence.

Section 12-17-64
Residence.
Each district judge must have resided in the district from which he is elected, appointed or commissioned for at least 12 months preceding his election or appointment and must reside in such district during his continuance in office.
(Acts 1975, No. 1205, p. 2384, §4-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-65 - Term of Office.

Section 12-17-65
Term of office.
Each district judge, except for judges filling positions pursuant to Section 12-17-66, shall be elected for a term of six years by the qualified voters of the district which he is to serve.
(Acts 1975, No. 1205, p. 2384, §4-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-66 - Commissioned Judges.

Section 12-17-66
Commissioned judges.
(a) Notwithstanding the number of judges authorized for each district by Section 12-17-61, additional district judges may be commissioned in any district where the number of judges entitled by the Constitution to receive commissions as district judges exceeds the number of positions authorized for the district. All commissions so issued shall expire on the first Monday after the second Tuesday in January following the next general election after completion of three years in office as a district judge.
(b) Judges seeking commissions pursuant to the Constitution must file a request for such commission with the Secretary of State 10 months prior to the date of the general election preceding January 16, 1977.
(c) If no judge files a request pursuant to subsection (b) of this section, and if, after judges requesting commissions have been assigned to the judgeships established by Section 12-17-61, any of the positions authorized for each district remain unfilled, these positions shall be filled at the general election prior to January 16, 1977.
(Acts 1975, No. 1205, p. 2384, §4-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-67 - Filling of Vacancies.

Section 12-17-67
Filling of vacancies.
(a) In the event that a vacancy occurs in the judicial office of the district court, until such vacancy has been filled by appointment as provided by the Constitution, the presiding judge of the circuit shall designate a district or circuit judge, including himself, within the circuit to serve as the district court judge for the duration of such vacancy.
(b) If a judge, who filed a request pursuant to subsection (b) of Section 12-17-66 and has been designated to receive a commissioned term, or has been elected as provided in this article, dies or becomes disqualified prior to January 16, 1977, or is otherwise unable to assume office and such death, disability or refusal to serve occurs at such a time that the judicial office created in Section 12-17-61 cannot be filled prior to January 16, 1977, a vacancy shall be created in each such case. Any vacancy which exists on January 16, 1977, shall be filled as provided by law.
(Acts 1975, No. 1205, p. 2384, §§4-113, 4-115.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-68 - Compensation.

Section 12-17-68
Compensation.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-441 EFFECTIVE OCTOBER 1, 2021.
(Acts 1975, No. 1205, p. 2384, §4-114.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-69 - Primary Duty to Serve Districts for Which Elected.

Section 12-17-69
Primary duty to serve districts for which elected.
Judges shall have a primary duty to serve the district to which they are elected.
(Acts 1975, No. 1205, p. 2384, §4-113.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 3 - District Court Judges. › Section 12-17-70 - Designation of Judge to Handle Domestic Relations, Divorce, etc., Cases in Districts Having More Than One Judge.

Section 12-17-70
Designation of judge to handle domestic relations, divorce, etc., cases in districts having more than one judge.
In those districts having more than one district court judge, the presiding circuit court judge may designate from time to time a district court judge, who shall have the same powers and authority as a circuit judge to handle all cases involving domestic relations, divorce, annulments of marriage, custody and support of children, granting and enforcement of alimony, proceedings under the Reciprocal Nonsupport Act and all other domestic and marital matters over which the circuit court has jurisdiction as well as all laws pertaining to juvenile and nonsupport cases arising in the county under Title 30 of this code and who shall serve as an ex officio circuit judge when handling such cases, regardless of any provisions contained in this title or any other laws to the contrary; provided, that in those counties having one district judge and in which a circuit judge is currently empowered to handle the aforementioned classes of cases as well as juvenile cases, such power and authority shall not transfer to the district judge without the express authorization of the presiding circuit judge.
(Acts 1975, No. 1205, p. 2384, §6-118; Acts 1976, No. 388, p. 494.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 1 - General Provisions. › Section 12-17-80 - Circuit Clerks, Registers, and Employees in Offices Thereof to Be Paid by State.

Section 12-17-80
Circuit clerks, registers, and employees in offices thereof to be paid by state.
Clerks and registers of the circuit court shall be paid by the state. The deputy circuit clerk serving the Bessemer cut-off division of the tenth judicial circuit shall for all purposes be deemed a circuit clerk and register and shall be elected as provided for by Section 12-17-98. Employees in the offices of the circuit clerks and registers, including employees serving district courts, shall be paid by the state beginning October 1, 1977. Employees in the offices of clerks and registers shall be paid by the county through September 30, 1977.
(Acts 1975, No. 1205, §7-103.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 1 - General Provisions. › Section 12-17-81.1 - Prior Service Credit.

Section 12-17-81.1
Prior service credit.
Notwithstanding any other provision of law, for the purpose of determining the salary of any circuit clerk pursuant to Section 12-17-81, years of service under Section 12-17-81 shall include any prior service credit purchased toward supernumerary status as a circuit clerk pursuant to Section 12-17-144.1.
(Act 2000-207, p. 274, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-90 - Offices; Vacancies.

Section 12-17-90
Offices; vacancies.
The offices of the circuit clerks shall be at the courthouses of their respective counties. Vacancies in such an office shall be filled in accordance with Constitutional Amendment No. 328.
(Code 1852, §649; Code 1867, §766; Code 1876, §670; Code 1886, §766; Code 1896, §932; Code 1907, §3270; Code 1923, §6722; Code 1940, T. 13, §196; Acts 1951, No. 31, p. 241.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-91 - Bond.

Section 12-17-91
Bond.
The official bond of the clerk of the circuit court shall in no case be less than $5,000.00.
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §88.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-92 - Compensation of Circuit Clerks.

Section 12-17-92
Compensation of circuit clerks.
Each circuit clerk shall be compensated by the state at a salary established by law; provided, however, that any supplemental salary now provided to circuit clerks by their respective counties on May 28, 1980, shall not be diminished; and provided, further, that any county may, pursuant to a local act already enacted or hereafter enacted, pay a circuit clerk a supplemental salary from the general fund of such county in excess of any supplemental salary provided for by this section.
(Acts 1975, No. 1205, p. 2384, §7-104; Acts 1980, No. 80-637, p. 1203, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-93 - Authority.

Section 12-17-93
Authority.
Clerks of the circuit court have authority:
(1) To administer oaths and take acknowledgments and affidavits in all cases in which the authority to administer such oath or take such affidavit is not confined to some other officer.
(2) To appoint deputies, with full power to transact all business of such clerks, such deputies first taking an oath to support the Constitution and laws of this state and faithfully to discharge the duties of deputy clerks of the court for which they act.
(3) To receive the amount of any judgment entered in the courts of which they are clerks, either before or after the issue of execution thereon.
(4) To exercise such other powers as are, or may be, conferred by law, including administrative rules of procedure promulgated by order of the Supreme Court of Alabama.
(Code 1852, §651; Code 1867, §771; Code 1876, §676;Code 1886, §767; Code 1896, §933; Code 1907, §3271; Code 1923, §6723; Code 1940, T. 13, §197.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-94 - Duties Generally.

Section 12-17-94
Duties generally.
(a) The duties of the clerks of the circuit court include all of the following:
(1) To sign and issue all summons, subpoenas, writs, executions, and other processes, under the authority of the court.
(2) To keep a consolidated docket sheet of civil and criminal cases, the names of the parties, the character of action or offense, the names of the attorneys and the sheriff's return, which shall be entered in all civil and criminal cases standing for trial, in the order in which they are brought, and the bench notes, orders, rulings on motions and pleadings, other preliminary matters and final judgment which have been made in each case by the judge, which shall be the official minutes.
(3) To keep all papers, books, dockets, and records belonging to their office with care and security, with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and the books, dockets and records properly lettered. Parties shall be allowed to inspect the records free of charge.
(4) To make out and deliver, on application and payment of the legal fees therefor, to any person applying for the same, a correct transcript, properly certified, of any paper or record in their offices.
(5) To exercise such duties as are, or may be, conferred upon them by law, including administrative rules promulgated by order of the Supreme Court of Alabama.
(6) To monitor compliance with court orders issued by a state court which assess court costs, fines, and other related court-ordered money against criminal defendants and to utilize accounts receivable systems and other procedures, including notice processes, to ensure payment of court-ordered money.
(b) Any clerk of any circuit court who fails to perform any duty imposed on him or her, for the failure to perform which no other punishment is provided, shall, on conviction, be fined not exceeding $200.00.
(Code 1852, §§650, 653; Code 1867, §§767, 773; Code 1876, §§671, 4159; Code 1886, §§768, 3950; Code 1896, §§934, 5146; Code 1907, §§3272, 7464; Code 1923, §§5056, 6724; Code 1940, T. 13, §§198, 203; Acts 1975, No. 1205, p. 2384; Acts 1994, No. 94-698, p. 1352, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-95 - When Sheriff's Commissions to Be Collected.

Section 12-17-95
When sheriff's commissions to be collected.
When any clerk receives payment of a judgment, he shall collect the costs and commissions of the sheriff, if execution has issued on such judgment.
(Code 1852, §604; Code 1867, §774; Code 1876, §677; Code 1886, §771; Code 1896, §937; Code 1907, §3275; Code 1923, §6729; Code 1940, T. 13, §206.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-96 - Duty of Clerk When Convict Indicted; Convict Not to Be Released Until Bail Given.

Section 12-17-96
Duty of clerk when convict indicted; convict not to be released until bail given.
The clerk of any circuit court shall, without delay, certify a copy of any indictment in his court against a convict sentenced to the penitentiary or to hard labor for the county to the head of the department having supervision over convicts; and such convict, if pardoned for the offense for which he is sentenced, shall not be discharged until he enters into a recognizance to answer such indictment at the next session of the court in which the same is pending, if the case is bailable, or is otherwise legally discharged from such indictment.
(Code 1867, §769; Code 1876, §675; Code 1886, §772; Code 1896, §938; Code 1907, §3276; Code 1923, §6730; Code 1940, T. 13, §207.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-97 - Duty to Pay Over Money to Successor.

Section 12-17-97
Duty to pay over money to successor.
Any clerk of the circuit court, having in his hands, at the expiration of his term of office, any money held by him, subject to the further order or judgment of any court, shall, on demand, pay the same to his successor in office; and, upon such payment, he shall be discharged from further liability therefor.
(Code 1876, §683; Code 1886, §773; Code 1896, §939; Code 1907, §3277; Code 1923, §6731; Code 1940, T. 13, §208.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-98 - Deputy Clerk for Bessemer Division of Tenth Judicial Circuit.

Section 12-17-98
Deputy clerk for Bessemer division of tenth judicial circuit.
At the general election held on the first Tuesday after the first Monday in November, 1982, and every six years thereafter, there shall be elected by the qualified voters of the territory over which the circuit court of the tenth judicial circuit sitting at Bessemer has and exercises jurisdiction a deputy clerk of the circuit court, who shall hold office for six years and until his successor is elected and qualified. He shall, at the time of his election and during his term of office, reside within and be a qualified voter of the territory from which he is elected. Such deputy clerk shall perform the same duties and exercise the same authority under the supervision of the circuit court when being held at said place as if he were the circuit clerk. Before entering upon the duties of his office such deputy clerk shall take and subscribe to the same oath of office, and enter into the same bond as circuit court clerks of the state, and shall be subject to the same liabilities. In addition to the duties and authorities hereinbefore in this section set out, such deputy clerk shall perform for said division of said court the duties of register of said court at said place.
(Acts 1915, No. 686, p. 741; Code 1923, §421; Code 1940, T. 13, §199; Acts 1943, No. 252, p. 222; Acts 1947, No. 317, p. 182; Acts 1949, No. 567, p. 894.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 2 - Clerks. › Section 12-17-99 - Supplemental Salary for Elected Deputy Circuit Clerks.

Section 12-17-99
Supplemental salary for elected deputy circuit clerks.
In addition to any salary paid by the state, each elected deputy circuit clerk shall be paid a supplemental salary from the county at a rate equal to 50 percent of the supplemental salary paid by the county to each circuit judge; provided, that the total salary of such elected deputy circuit clerk shall in no event be in excess of the total salary of the circuit clerk of the same circuit or county. The county commission shall pay such supplemental salary in equal biweekly installments from the general fund of the county.
(Acts 1976, No. 687, p. 950.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-110 - Office of Register Not to Be Filled When Vacancy Occurs; Reappointment of Registers Holding Office on October 10, 1975; Removal of Registers.

Section 12-17-110
Office of register not to be filled when vacancy occurs; reappointment of registers holding office on October 10, 1975; removal of registers.
(a) Vacancies. - When the position of register in any circuit court becomes vacant upon the death, resignation, retirement or inability of the incumbent to satisfy the conditions for reappointment specified in subsection (b) of this section, the vacancy shall not be filled, and the responsibilities and authority of the register shall become the responsibilities and authority of the clerk of the circuit court for the county where the register served.
(b) Reappointment. - A register who:
(1) Holds office on October 10, 1975, and
(2) Is not eligible to retire and receive retirement compensation by reason of age and years of service or by provision of any retirement program in effect on January 17, 1977,
may be reappointed for terms of six years, but no register shall be reappointed after completion of any term during which he becomes eligible to retire and receive retirement compensation; provided, that a register who becomes eligible to retire during a term shall be eligible to reappointment by the presiding judge of his circuit for not more than six additional terms of one year each; and provided further, that until such time as the register becomes eligible to retire and receive retirement compensation, reappointment shall be automatic unless a majority of the circuit judges within the circuit, or by unanimous agreement where there are only two circuit judges, file a written declaration with the Administrative Director of Courts stating that the register shall not be reappointed. At such time, the office shall be deemed vacant under subsection (a) of this section.
(c) Removal. - The register shall be subject to removal by the judge who appointed him for cause by order to be entered at length on the minutes of the court.
(Code 1852, §616; Code 1867, §720; Code 1876, §629; Code 1886, §732; Code 1896, §653; Code 1907, §3070; Acts 1915, No. 712, p. 809; Code 1923, §6503; Acts 1931, No. 29, p. 44; Code 1940, T. 13, §210; Acts 1971, No. 205, p. 501; Acts 1975, No. 1205, p. 2384, §7-109; Acts 1982, No. 82-383, p. 560.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-111 - Bond.

Section 12-17-111
Bond.
(a) The official bond of the register of the circuit court shall in no case be less than $5,000.00.
(b) The circuit judge, whenever the public interests demand, shall require of such register an additional bond; and, on failure to give the same within the time fixed by the circuit judge therefor, the circuit judge shall remove him from office. Such additional bond shall be approved, filed and recorded as the first official bond.
(Code 1852, §§618, 619; Code 1867, §§722, 723; Code 1876, §§631, 632; Code 1886, §734; Code 1896, §655; Code 1907, §3072; Code 1923, §6505; Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 13, §211; Code 1940, T. 41, §90.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-112 - Compensation of Registers and Employees in Office of Register.

Section 12-17-112
Compensation of registers and employees in office of register.
(a) Each register shall be compensated by the state beginning January 16, 1977. Employees in the office of a register shall be compensated by the state beginning October 1, 1977. Employees in the office of a register compensated at the expense of the individual register shall be continued at their rate of compensation on January 16, 1977, until September 30, 1977, to be paid during that period by the county in which the service is rendered.
(b) When the state assumes responsibility for compensating registers, each shall be paid a salary in lieu of all other fees previously received pursuant to statute or rule, equal to the highest net annual income received for services rendered as register for the three years next preceding January 16, 1977, as certified by the Administrative Director of Courts; provided, that in no event shall the salary of any register be less than the amount established by law as a minimum salary for registers; provided further, that no register who is being paid on a fixed compensation basis on October 10, 1975, shall suffer a reduction in fixed compensation.
(Acts 1975, No. 1205, p. 2384, §7-109.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-113 - Place of Office.

Section 12-17-113
Place of office.
The register shall keep his office at the place at which the court of which he is register is held.
(Code 1852, §620; Code 1867, §724; Code 1876, §633; Code 1886, §735; Code 1896, §656; Code 1907, §3073; Code 1923, §6506; Code 1940, T. 13, §212.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 4 - Circuit Clerks and Registers. › Division 3 - Registers. › Section 12-17-114 - Duties Generally.

Section 12-17-114
Duties generally.
(a) It is the duty of the register, within his respective county:
(1) To administer oaths in all cases; to issue all processes from the circuit court as to equitable cases; to make orders of publication for defendants; to grant default judgments for want of answers; to issue attachments and processes of sequestration; to make all interlocutory decrees and orders, not affecting the decision of the controversy between the parties, subject at all times to the control, direction and supervision of the circuit court; and to exercise such other duties as are, or may be, conferred by law, including administrative rules promulgated by order of the Supreme Court of Alabama.
(2) To keep a consolidated docket sheet of all cases filed, in which must be entered the names of plaintiffs and defendants, the names of the attorneys of the several parties, a minute of the time when process issued and was returned, the return thereon and note of all the orders and proceedings.
(3) To issue, within the five days after the decree or order is filed, all process necessary for the enforcement of any orders or decrees made during the term.
(4) To keep all papers, books, dockets and records belonging to his office with care and security, with the papers filed, arranged, numbered and labeled so as to be of easy reference, and the books, dockets and records properly labeled.
(5) To perform all duties concerning absentee voting as set out by the election laws.
(6) On application, and the payment of the legal fees therefor, to make out and deliver to any person a correct transcript, properly certified, of any paper or record in his office.
(b) Any register in the circuit court who fails to perform any duty imposed on him, for the failure to perform which no other punishment is provided, shall, on conviction, be fined not exceeding $200.00.
(Code 1852, §§621, 653; Code 1867, §§725, 773; Code 1876, §§634, 4159; Code 1886, §§736, 3950; Code 1896, §§657, 5146; Code 1907, §§3074, 7464; Code 1923, §§5056, 6507; Code 1940, T. 13, §§203, 213; Acts 1975, No. 1205, p. 2384.)