12-17-25
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.)...
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12-2-33
Section 12-2-33 Ordering of special sessions of courts, etc. Whenever in the opinion of the
Chief Justice the business in any of the courts is being delayed or is unnecessarily congested
or unnecessarily accumulated, he shall order adjourned or special sessions of court or the
calling of the cases on the dockets for trial by sending a written order to the clerk of the
court, which order shall be spread upon the minutes of the court as a part of the organization
thereof, and he may direct the judge of any circuit at any time to call or order an adjourned
or special session of any court in the circuit of such judge for the trial of all cases, civil
or criminal, and the circuit judge shall immediately make such orders and issue such process
and notice as shall be necessary for the calling, convening and holding of such sessions of
court according to law. (Acts 1915, No. 521, p. 592; Code 1923, §10296; Code 1940, T. 13,
§39.)...
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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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15-12-23
Section 15-12-23 Appointment and compensation of counsel - Post-conviction proceedings. (a)
In proceedings filed in the district or circuit court involving the life and liberty of those
charged with or convicted of serious criminal offenses including proceedings for habeas corpus
or other post-conviction remedies, the trial or presiding judge or chief justice of the court
in which the proceedings may be commenced or pending may appoint counsel through an indigent
defense system approved by the office to represent and assist indigent defendants if it appears
to the court that the indigent defendant is unable financially or otherwise to obtain the
assistance of counsel and desires the assistance of counsel and it further appears that counsel
is necessary in the opinion of the judge to assert or protect the right of the indigent defendant.
(b) In proceedings filed in the district or circuit court involving the life and liberty of
those persons charged or adjudicated for juvenile offenses...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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17-8-1
Section 17-8-1 Appointment of election officials; duties. (a) The appointing board, or a majority
of them acting as an appointing board, not more than 20 nor less than 15 days before the holding
of any election in their county, shall appoint from the qualified electors of the respective
precinct, necessary precinct election officials, which shall include at least one inspector,
to act at each voting place in each precinct. The appointing board may appoint the number
of precinct election officials necessary for each precinct, provided that, absent consent
of the county commission, the total number of precinct election officials appointed in a county
shall not exceed the total number of precinct election officials who were paid by the county
for the general election held November 2004. In the event that the number of precincts or
voting places utilized in an election within a county is increased or decreased, the total
number of officials who may be appointed without consent of the...
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12-2-30
Section 12-2-30 Powers and duties as to supervision and administration of courts generally.
(a) The Chief Justice shall see that the business of the several courts of the state is attended
with proper dispatch and that cases, civil and criminal, are not permitted to become congested
or delayed, and he shall take care that prisoners are not allowed to remain in the jails without
a prompt trial. (b) In connection with these duties and other responsibilities, the Chief
Justice is authorized and empowered: (1) To maintain a roster of supernumerary circuit judges
who are willing and able to undertake special duties from time to time and to assign supernumerary
circuit judges in accordance with the provisions of law and, further, to assign supernumerary
circuit judges and circuit judges, provided they are agreeable, in connection with studies,
projects and functions designed to improve the administration of justice and the courts in
Alabama and in connection with projects, studies and...
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12-16-76
Section 12-16-76 Insufficient number of qualified jurors to form juries. Whenever there are
not enough qualified jurors in attendance upon the court to form the juries required, the
judge of the court shall cause to be provided from the master jury list names of as many prospective
jurors as the judge deems necessary to complete the empaneling of all juries then required.
The court shall forthwith cause to be summoned all prospective jurors thus drawn to attend
court when required, and they may be summoned by personal service or by telephone. The court
shall then proceed to empanel or complete the empaneling of the juries as provided in this
article. If, prior to commencement of striking, due to challenges for cause or for any other
reason, the number of names on the lists from which the parties are to strike is reduced below
the minimums established in Rule 18.4, Alabama Rules of Criminal Procedure, in criminal cases
or Rule 47, Alabama Rules of Civil Procedure, in civil cases, unless...
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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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