12-17-260
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.)...
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12-17-261
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.)...
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12-17-263
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...
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12-17-253
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.)...
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12-17-264
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.)...
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12-18-55
Section 12-18-55 Eligibility for retirement of district judges; right of election of former
county court judges, district attorneys or assistant district attorneys serving as circuit
judges on January 16, 1977, to come under provisions of Article 1 of chapter; filing of notice
of election with Clerk of Supreme Court by same. (a) Any district judge shall be eligible
for retirement and may elect to be retired pursuant to this article if he: (1) Has served
as much as five years as a district judge or judge of a county court immediately prior to
retirement and has become permanently, physically, or mentally unable to carry out his duties
on a full-time basis, proof of such disability being made by certificate of three reputable
physicians; (2) Has served for 12 years as a district judge or judge of a county court and
has reached or passed the age of 65 years; (3) Has served for 15 years as a district judge
or judge of a county court and is not less than 62 years of age or has served as...
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12-17-210
Section 12-17-210 Qualifications for supernumerary status - Elected district attorneys generally.
(a) Any district attorney, former district attorney or former circuit solicitor of this state:
(1) Who has served continuously for 15 years as district attorney, former district attorney
or former circuit solicitor and who is not less than 60 years of age and who has become permanently
and totally disabled, proof of such disability being made by certificates of three reputable
physicians; or (2) Who has served continuously for 15 years as district attorney, former district
attorney or former circuit solicitor and/or as a judge of a court of record and who is not
less than 65 years of age; or who has served as such continuously for more than 15 years and
has attained age 65 less one year for each year of service in excess of 15 years and who is
still in service as such district attorney or judge of a court of record; or (3) Who has served
continuously for 10 years as district attorney,...
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12-17-161
Section 12-17-161 Separate office of clerk of district court may be established; appointment
and removal of clerk; abolition of separate office; participation in supernumerary fund. (a)
Authority and responsibility for the operation of a separate clerk's office for the district
court of a county may be authorized by the Supreme Court upon the written request of the clerk
of the circuit court or the judges of the district court. When the Supreme Court authorizes
a separate clerk's office for the district court of a county, the clerk of the circuit court
shall not be the ex officio clerk of the district court and shall have no administrative responsibilities
for and supervision over the operation of the office. Whenever a separate district clerk's
office is authorized, the administrative responsibility for and supervision of the records
and clerical services of the respective district court is vested in an official who shall
be known as the clerk of the district court, who shall perform...
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12-18-30
Section 12-18-30 Right of election of justices of Supreme Court and judges of circuit courts
becoming supernumerary justices or judges prior to September 18, 1973, to come under provisions
of Article 1 of chapter; filing of instrument as to election with Clerk of Supreme Court.
Any former justice of the Supreme Court or judge of any of the several circuit courts of this
state who became a supernumerary justice or judge under the applicable laws of this state
prior to September 18, 1973, may elect to come under the provisions of Article 1 of this chapter
by filing with the Clerk of the Supreme Court of Alabama, within one year after October 1,
1976, an instrument in writing electing to come under the provisions of Article 1 of this
chapter. (Acts 1975, No. 1205, p. 2384, §6-111.)...
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12-17-213
Section 12-17-213 Qualifications for supernumerary status - Sixty years of age and 18 years
of service as district attorney, judge, county solicitor, etc., with minimum of 10 years service
as district attorney; 18 years of service as district attorney, judge, county solicitor, etc.,
with minimum of 15 1/2 years service as district attorney. (a) Any person now serving or having
formerly served as a district attorney of a judicial circuit of Alabama, who has served for
not less than 18 years, when he has reached the age of 60 years, may elect to become a supernumerary
district attorney by filing a written declaration to that effect with the Governor, and time
served as judge of a court of record, a county court, county solicitor or any other countywide
elected official, a full-time deputy or assistant district attorney or as a duly licensed
attorney employed full time by the State of Alabama, whether commissioned or appointed or
as an elected constitutional officer or other state...
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