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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
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15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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2-10-35
Section 2-10-35 Dissolution of marketing or marketing and purchasing associations. (a) Any
cooperative marketing corporation or association or mutual cooperative marketing or purchasing
corporation or association organized under the laws of this state, may be dissolved in the
mode and manner following: (1) In any mode or manner now provided by law in this state for
the dissolution of corporations; (2) By proceedings in the circuit court in the county wherein
the corporation or association was organized, under its statutory jurisdiction; or (3) By
complaint in the circuit court in the county wherein the corporation or association was or
may be organized, in the manner provided in subsections (b) and (c) of this section. (b) If
the board of directors or other governing body shall deem it advisable to dissolve such corporation
or association and shall adopt a resolution to that effect at any regular meeting of the board
or other governing body or at any special meeting called for that...
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41-10-87
Section 41-10-87 Board of directors of corporation - Composition; qualifications, reelection,
etc., of members; vacancies; quorum; compensation and expenses of members; reduction to writing,
recordation and admissibility in evidence of proceedings of board. The corporation shall have
a board of directors composed of the number of directors provided for in the certificate of
incorporation and as otherwise provided in this article. All powers of the corporation shall
be exercised by its board or pursuant to its authorization. All directors shall be residents
of the county. No director shall be an officer of the state or of the county. If any director
resigns, dies, becomes incapable of acting as director or ceases to reside in the county,
the governing body shall elect a director to serve for the unexpired term of any director
elected by it, and the Governor shall appoint a successor to serve the unexpired term of any
director appointed by him. Directors shall be eligible for reelection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-87.htm - 2K - Match Info - Similar pages
10A-4-5.06
Section 10A-4-5.06 Penalty for false statement, etc.; procedure upon failure to answer interrogatories.
(a) Each officer and director of a professional corporation, domestic or foreign, who signs
any articles, statement, report, application, answer to an interrogatory, or other document
filed pursuant to this article with the licensing authority having jurisdiction which is known
to the officer or director to be false in any material respect, shall be deemed to be guilty
of a Class C misdemeanor. (b) If any professional corporation, domestic or foreign, or individual
shall fail to answer interrogatories directed to the professional corporation or to the individual
under Section 10A-4-5.05, the licensing authority which propounded the interrogatories may
seek an order from the circuit court compelling an answer. (Acts 1983, No. 83-514, p. 763,
§22; §10-4-401; amended and renumbered by Act 2009-513, p. 967, §209.)...
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10A-2-3.04
Section 10A-2-3.04 Ultra vires. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Except as provided in subsection
(b), the validity of corporate action may not be challenged on the ground that the corporation
lacks or lacked power to act. (b) A corporation's power to act may be challenged: (1) In a
proceeding by a shareholder against the corporation to enjoin the act; (2) In a proceeding
by the corporation, directly, derivatively, or through a receiver, trustee, or other legal
representative, against an incumbent or former director, officer, employee, or agent of the
corporation; or (3) In a proceeding by the Attorney General under Section 10A-2-14.30. (c)
In a shareholder's proceeding under subsection (b)(1) to enjoin an unauthorized corporate
act, the court may enjoin or set aside the act, if equitable and if all affected persons are
parties to the proceeding, and may award damages for loss, other than...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-3.04.htm - 1K - Match Info - Similar pages
13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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45-35A-51.13
Section 45-35A-51.13 Filing vacancies. When any vacancy occurs in the classified service, the
director, subject to the approval of the personnel board, may direct the filling of such vacancy
by appointment, promotion, reappointment, transfer, or demotion, where practical. (1) APPOINTMENT:
When it is necessary to fill a vacancy by appointment, the appointing authority shall submit
to the director a personnel requisition containing a statement of the title of the position
and the desired qualifications of the person to be appointed, and request the director to
certify to him or her the names of persons eligible for appointment to the position. The director
shall certify to the appointing authority the names of three ranking eligibles from the most
appropriate register, and if more than one vacancy is to be filled, the name of one additional
eligible for each additional vacancy, or if agreeable to the appointing authority, all the
names on the register, if there is less than the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-51.13.htm - 2K - Match Info - Similar pages
9-16-73
Section 9-16-73 Surface Mining Commission - Creation; composition; officers; compensation;
meetings; offices; funds; removal of members. (a) There is continued as previously established
the Alabama Surface Mining Reclamation Commission under the name of the Alabama Surface Mining
Commission for the purpose of transition in implementing and enforcing this article and carrying
out the intent and policy stated in Section 9-16-71. All members of the commission appointed
under authority of Section 9-16-33, shall continue their terms as created under that section
until all reappointments and filling of vacancies have been filled in the manner as provided
in this section. At the expiration of any term, that member shall continue in office until
an appointment occurs as provided in this section. After February 25, 1994, no member shall
serve more than two full consecutive terms of office. (b) The commission shall be composed
of seven members, who are fair and reasonable citizens of the state...
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