Code of Alabama

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12-18-4
Section 12-18-4 Entitlement to retirement and receipt of pension of justices of Supreme Court,
judges of courts of appeals and judges of circuit courts generally; retirement order. Every
justice of the Supreme Court, judge of one of the courts of appeals or judge of a circuit
court of the state who meets the requirements for retirement prescribed in this article shall
be entitled to be retired and to receive a pension as hereinafter provided. Such retirement
shall be on order of the Board of Control of the Judicial Retirement Fund and upon the request
of the member to be retired or on an order signed by a majority of the members of the Supreme
Court. (Acts 1973, No. 1163, p. 1948, §4.)...
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12-18-40
Section 12-18-40 Retirement at age 60; computation; cost-of-living; prior service. On or after
July 30, 1979, any person assuming office for the first time as a justice of the Supreme Court,
judge of a court of appeals or a circuit judge, shall receive and be entitled to all retirement
benefits prescribed in Title 12, Chapter 18, Articles 1 and 2, except as follows: (1) The
provisions of subdivisions (3) and (5) of both subsections (a) and (b) of Section 12-18-6,
to the contrary notwithstanding, except for disability, no such justice or judge shall be
eligible to receive judicial service retirement pay prior to attaining 60 years of age. (2)
The retirement pay or benefit of each such justice or judge shall be based and computed pursuant
to the provisions of Section 12-18-10, at the percentage rate therein prescribed of his final
salary received from the state at the time of retirement. Retired justices and judges coming
under this article shall be entitled to receive cost-of-living...
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12-18-10
Section 12-18-10 Retirement and disability benefits of justices of Supreme Court, judges of
courts of appeals and judges of circuit courts; payment of benefits to spouses upon death
of justices or judges; call to active duty status of retired justices or judges; powers, duties,
compensation, etc., of retired justices or judges on active duty status; transfer of justices
or judges from active to inactive status, etc. (a) The retirement benefit payable to a justice
of the Supreme Court or judge of one of the courts of appeals retiring pursuant to subdivision
(2), (3), (4) or (5) of subsection (a) of Section 12-18-6 shall be 75 percent of the salary
prescribed by law for the position from which he retires, payable monthly for the rest of
his life. Such benefit shall continue to be 75 percent of his salary prescribed by law for
such position and shall change in amount as such salary is hereafter increased or decreased
by law and shall not be subject to writs of attachment or garnishment....
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12-18-7
Section 12-18-7 Filing of declaration as to intention to retire by justices of Supreme Court,
judges of courts of appeals and judges of circuit courts; endorsement and forwarding thereof
by Chief Justice of Supreme Court; oath, powers, duties, etc., of retired justices and judges;
forfeiture of right to receive retirement benefits by certain justices or judges upon failure
to file declaration of intention to retire. (a) Any justice of the Supreme Court or any judge
of one of the courts of appeals or of a circuit court of the state who desires to be retired
pursuant to this article shall file a written declaration relative to his intention to elect
such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence
of the conditions prerequisite to such retirement, shall endorse his findings thereon and
forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund. (b) The
retiring justice or judge, upon being retired, shall take the oath...
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12-18-8
Section 12-18-8 Transfer into Judicial Retirement Fund of contributions made to Employees'
Retirement System of Alabama and receipt of credit for prior service under Employees' Retirement
System, etc., upon payment of contribution for prior years of service; refund of contributions
to Judicial Retirement Fund upon termination of service prior to eligibility for retirement
benefits under article. (a) Any justice or judge holding office as a member of the Supreme
Court, a court of appeals or of a circuit court on September 18, 1973, who has paid contributions
into the Employees' Retirement System of Alabama, shall be entitled to have such contributions
transferred from the Employees' Retirement System of Alabama into the Judicial Retirement
Fund and to receive credit for the time of service he had acquired under the Employees' Retirement
System of Alabama as time of service in the judicial position which he holds on September
18, 1973, regardless of whether or not such time of service...
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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
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12-18-6
Section 12-18-6 Eligibility for retirement of justices of Supreme Court, judges of courts of
appeals and judges of circuit courts. (a) The Chief Justice or any associate justice of the
Supreme Court, any judge of the Court of Civil Appeals or any judge of the Court of Criminal
Appeals serving on September 18, 1973, who elects to become a member of the retirement system
hereby established, and any such justice or judge assuming such office after September 18,
1973, may elect to be retired pursuant to this article if he: (1) Has served as much as five
years as a justice of the Supreme Court or as a judge of one of the courts of appeals or as
a judge of the circuit court or any two or more of them consecutively 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 justice of the Supreme Court or as a judge of one of the courts...
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12-18-41
Section 12-18-41 Prior creditable service as district or county court judge. Any person with
service as a judge of a district court who assumes the office of circuit judge or as a justice
of the Supreme Court or judge of a court of appeals shall be entitled to receive creditable
service for such time served as judge of a district or county court for inclusion toward retirement
under Title 12, Chapter 18, Articles 1 and 2. (Acts 1979, No. 79-566, p. 1015, §2.)...
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12-9A-7
Section 12-9A-7 Temporary assignment of circuit or district judge to another circuit. (a) The
Chief Justice of the Supreme Court of Alabama, by order, shall assign a circuit or district
judge from a judicial circuit to serve within another judicial circuit for a reasonable period
of time to address court congestion, court delay, civil and criminal backlog of cases, or
for any other reason necessary for the prompt and thorough administration of justice. (b)
When considering the amount of time a judge may be assigned from his or her home circuit to
another circuit, the Chief Justice shall take into consideration all relevant circumstances
regarding the judicial needs of the circuits involved. (c) A judge assigned to serve another
circuit under subsection (a) shall be reimbursed for any necessary and reasonable expenses
of travel and the same maintenance expense allowances from the State Treasury that the judge
would be entitled to receive when attending court or transacting other...
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12-18-8.1
Section 12-18-8.1 Time of service as full-time state prosecutor, etc., may be credited as time
in judicial position with Judicial Retirement System. Any justice of the Supreme Court or
judge of one of the courts of appeals or any circuit court judge holding office on or before
June 1,1976, who has time of service as a full-time state prosecutor or assistant state prosecutor
in any circuit of the state, or who had time of service as an attorney for the State Milk
Control Board, shall be entitled to have such time of service, regardless of whether or not
such time of service was continuous, treated as time of service in the judicial position he
holds on or before June 1, 1976, with the Judicial Retirement System; provided, however, that
such time of service does not exceed five years; provided also that such justice or judge
shall pay into the Judicial Retirement Fund of Alabama a sum equal to six percent of his then
annual salary for each year of such service that he elects to count...
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