Code of Alabama

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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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12-17-216
Section 12-17-216 Oath of office; powers and duties. Supernumerary district attorneys shall
take the oath of office prescribed by the constitution for judicial officers and shall have
and exercise all the duties, power and authority of district attorneys of the judicial circuits
or circuit courts and shall, upon request of the Governor, the Chief Justice of the Supreme
Court or the Attorney General, conduct investigations, attend any regular, adjourned or special
session of any circuit court in any of the judicial circuits of Alabama for the investigation
of or the prosecution of any criminal case or the prosecution or defense of any case in which
the state is interested. The Governor, any member of the Supreme Court or courts of appeals
or the Attorney General may request a supernumerary district attorney to perform duties as
those prescribed for assistant attorneys general, either in their respective offices or at
such other places within or without the state as such officials may...
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45-37-80.20
Section 45-37-80.20 Appointment; duties; special reporter; fee; salary; oath; supplies. (a)
That each of the judges of such circuit courts of this state shall appoint a competent shorthand
writer to perform the duties of official court reporters over the court in the circuit over
which the judge presides; that such official court reporter shall not be subject to the provisions
of any civil service system as may be effective in such county or counties or circuit or circuits;
that such official court reporter shall serve at the pleasure of the appointing judge; that
no two judges shall appoint the same court reporter; that no person shall be appointed official
or special court reporter under this section who is not able to correctly report in shorthand
the proceedings in all trials as the same may occur and neatly and expeditiously transcribe
on the typewriter the testimony taken by him or her. The official court reporter shall be
an officer of the court, and within his or her circuit...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
there shall be a written agreement between the district attorney and the offender. The agreement
shall include the terms of the pretrial diversion program, the length of the program, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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36-15-1
of a municipality or county or officer or governing body of any other elected or appointed
body shall submit with the request for an opinion a resolution adopted by the governing body
setting forth the facts showing the nature and character of the question which makes the advice
or opinion sought necessary to the present performance of some official act that the officer
or governing body must perform. d. An officer or governing body shall not submit to the Attorney
General moot, private, or personal questions in which the state, county, or public
is not materially or primarily interested or questions that are subject to ongoing litigation.
Any officer shall submit, with the request for an opinion, a writing setting forth the facts
showing the nature and character of the question which makes the advice sought necessary to
present performance of some official act that the officer must perform. (2) He or she shall
attend, on the part of the state, to all criminal cases pending in the...
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41-4-323
Section 41-4-323 Purpose; employees; compensation and benefits; payment of expenses; implementation;
additional duties of director. (a) The Office of Indigent Defense Services is established
to carry out the administrative duties relating to the provision of indigent defense services.
The director shall use existing employees of the Department of Finance and its existing offices,
as assigned by the Director of Finance. The director's salary shall not exceed the state salary
paid to a district attorney and be paid at the same time and in the same manner that salaries
of other state employees are paid. The Director of the Office of Indigent Defense Services
shall be entitled to annual and sick leave, insurance, retirement, and other state employee
benefits, including cost-of-living raises authorized by the Legislature for state employees.
(b) The director may enter into contracts, and accept funds, grants, and charitable donations
from any public or private source to pay expenses...
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12-17-330
shall become the order of the circuit court when ratified by the original signature of the
circuit court judge presiding over the case. (h) If a matter before a referee requires immediate
action, the referee shall state in his or her written findings and recommendations why the
recommendations should be effective immediately. These matters for immediate action may include,
but are not limited to, matters of contempt, the physical safety of the child, or the safety
of others, or when the personal liberty of the child may be infringed. In such event,
the written recommendations of the referee shall be effective and binding, upon the consent
of the parties, for a period not exceeding 72 hours. In the event the parties do not consent
to immediate action, the recommendations shall be reviewed immediately by a circuit court
judge, who may order an appropriate temporary order based on the findings and recommendations,
which order will be effective for a period not exceeding 72 hours. In...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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12-15-106
ratified by the original signature of a judge with authority over juvenile matters. (h) Matters
Before the Referee Needing Immediate Action. If a matter before a referee requires immediate
action, the referee shall state in his or her written findings and recommendations why the
recommendations should be effective immediately. These matters for immediate action may include,
but are not limited to, matters of contempt, the physical safety of the child, or the safety
of others, or when the personal liberty of the child may be infringed. In such event,
the written recommendations of the referee shall be effective and binding, upon the consent
of the parties, for a period not exceeding 72 hours. In the event the parties do not consent
to immediate action, the recommendations shall be reviewed immediately by any judge with authority
over juvenile matters, who may order an appropriate temporary order based on the findings
and recommendations, which order will be effective for a period not...
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