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45-28A-42.74
Section 45-28A-42.74 Appeals from decisions of board. Within 10 days after any final decision
of the board of trustees, any contributing member including the governing body of such city,
feeling aggrieved at the decision of the board of trustees may appeal from any such decision
to the circuit court of the county in which such city is located and such appeal shall be
heard by a judge sitting without a jury. Upon the filing of any such appeal, notice thereof
shall be served upon any member of the board of trustees by the appellant. Such appeal shall
be heard by the court at the earliest possible date, and it shall not be necessary on any
such appeal to enter exceptions to the rulings of the board of trustees and no bond shall
be required for such an appeal and such an appeal shall be effected by filing a notice and
request therefor by the appellant with the clerk of the court. An appeal may be taken from
any decision of such court to the court of appeals or the supreme court as now...
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12-18-52
Section 12-18-52 Contributions to retirement fund by judges. After January 16, 1977, each district
judge who comes under the provisions of Article 1 of this chapter by election or by operation
of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly
installments, four and one-half percent of his annual compensation paid by the State of Alabama;
provided, that after February 1, 1977, the rate of contribution to be paid by such judge shall
be six percent of his salary derived from the State of Alabama, but such increased rate of
contribution shall not be effective until February 1, 1977. For all pay dates beginning on
or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter
percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012,
the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%)
of their salary. Such percentages shall be deducted by the...
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12-18-54
Section 12-18-54 Election as to withdrawal from retirement fund and refunding of contributions
or receipt of certificate of time of service accumulated toward retirement upon termination
of service of judge prior to eligibility for retirement benefits under article; filing of
certificate as proof of time of service for retirement benefits under article upon reaching
of retirement age or death of judge. Should the service of a district judge be terminated
prior to the time said judge is entitled to receive retirement benefits under this article,
such judge shall have the right to elect to withdraw from the Judicial Retirement Fund and
to have refunded his contributions to the Judicial Retirement Fund, plus accrued interest
thereon, under the same rules, regulations and rates applicable to similar refunds of contributions
under the Employees' Retirement System; provided, that should such judge not elect to withdraw
from the Judicial Retirement Fund he shall be entitled to receive a...
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12-9A-8
Section 12-9A-8 Assignment of circuit or district judges by presiding circuit judge. (a) A
presiding circuit judge, by order, may assign a circuit or district court judge who is within
the circuit to serve within the circuit or within the district courts of the circuit. Before
assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including
the currency, congestion, and backlog of criminal and civil cases. (b) Assignments of judges
by the presiding circuit judge shall be in writing and shall be sent to the assigned judge
as soon as practicable. The presiding judge or the judge's designee may notify the assigned
judge orally of the assignment. An oral notification of an assignment is sufficient until
a written notification can be prepared and delivered to the assigned judge. A copy of each
written assignment shall be filed with the Administrative Director of Courts and in the office
of the clerk or register of the court to which the assignment is made....
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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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12-18-83
Section 12-18-83 Election as to withdrawal from retirement fund and refunding of contributions
or receipt of certificate of time of service accumulated toward retirement upon termination
of service of judge prior to eligibility for retirement benefits under article; filing of
certificate as proof of time of service for retirement benefits under article upon reaching
of retirement age or death of judge. Should the service of a probate judge be terminated prior
to the time he is entitled to receive retirement benefits under this article, such probate
judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have
refunded his contributions to the Judicial Retirement Fund, plus accrued interest thereon,
under the same rules and regulations and at the same rate governing the accrual and refund
of interest under the Employees' Retirement System of Alabama; provided, that should such
probate judge not elect to withdraw from the Judicial Retirement Fund he shall...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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12-9A-2
Section 12-9A-2 Reallocation of vacant judgeship. (a) Only in the event of a vacancy due to
death, retirement, resignation, or removal from office of a district or circuit judge, the
Judicial Resources Allocation Commission shall have 30 days to determine whether to reallocate
such judgeship to another district or circuit. The commission may also choose to reallocate
a judgeship if the incumbent judge is not eligible to run for reelection as a result of the
age limitation provided for in Section 155 of the Constitution of Alabama 1901, as amended,
by notifying the Secretary of State no later than one year prior to the close of qualifying
for candidates to run for such judgeship. All reallocation decisions require a two-thirds
vote of the commission members. In determining whether to reallocate such judgeship, the commission
shall consider the need based on the district and court rankings as determined pursuant to
Section 12-9A-1. However, in no event shall the commission reallocate a...
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15-13-163
Section 15-13-163 Revocation by circuit judges. The presiding judge of the circuit court may,
and on verified motion of the prosecutor shall, subpoena the representatives of the professional
surety company or professional bail company or other persons for examination under oath concerning
matters relating to any affidavit or certificate filed, outstanding forfeitures, and all relevant
books, tax returns, and financial data. Authority to act as a professional surety company
or a professional bail company may be revoked or withheld by the court for violation of this
chapter, any rule promulgated by the Supreme Court of the State of Alabama, in accordance
with this chapter, for failure to submit subpoenaed documents, for failure to answer truthfully
all relevant questions asked by the court, or in the event the professional surety company
or professional bail company has outstanding and unpaid final forfeitures anywhere, or in
any court in the State of Alabama. As used herein, outstanding...
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40-1-37
Section 40-1-37 Ratification of certain municipal or county elections as to levy of special
taxes. Every election heretofore held in any municipality or in any county on the question
of the levy of a special tax for any purpose under the Constitution of Alabama, including
any amendment thereto, at which election a majority of the votes cast were in favor of the
levy of the said tax but which election was irregular by reason of failure prior to the holding
of the election to give notice thereof in a newspaper or by posting in the manner or for the
time required by any statute applicable to the election, or because of the failure to comply
with any other statutory requirement applicable to the election, or because of any other irregularity
with respect to the holding of the election or canvassing and recording the results thereof,
shall be and every such election is hereby ratified and confirmed and given effect in all
respects as if all provisions of law relating to such election had...
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