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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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17-16-40
Section 17-16-40 Grounds of contest. The election of any person declared elected to the office
of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture
and Industries, Public Service Commissioner, senator or representative in the Legislature,
justices of the Supreme Court, judges of the courts of appeals, judge of the circuit court
or district court, or any office which is filled by the vote of a single county, or to the
office of constable may be contested by any person who was at the time of either of the elections
a qualified elector for any of the following causes: (1) Malconduct, fraud, or corruption
on the part of any inspector, clerk, returning officer, canvassing board, or other person.
(2) When the person whose election to office is contested was not eligible thereto at the
time of such election. (3) On account of illegal votes. (4) On account of the rejection of
legal votes. (5) Offers to bribe, bribery, intimidation, or other...
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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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37-1-141
Section 37-1-141 Who may appeal; manner of taking appeal; application for supersedeas; supersedeas
bonds; collection of denied rate increases prior to final disposition of case. Either party
or any intervenor may appeal to the supreme court from the action or order of the commission
under the same rules and regulations and in the same manner and under the same conditions
as are or may be provided by law for appeals from circuit courts in other public utility cases.
Application for supersedeas may be made to the supreme court or a justice thereof. All supersedeas
bonds required shall be in the same amount, subject to the same penalties and conditions and
have the same effect as is now provided or may hereafter be provided by law in such cases.
If the appeal is by a telephone company or a public utility and supersedeas is granted, the
appellant shall be entitled to collect, subject to refund with interest, any portion of the
requested increase denied on any rate decrease directed by such...
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12-23A-9
Section 12-23A-9 Functions of Administrative Office of Courts. (a) The Administrative Office
of Courts, hereinafter AOC, shall assist in the planning, implementation, and development
of drug courts statewide. AOC shall make recommendations to the Alabama Supreme Court and
the Chief Justice concerning the legal, policy, and procedural issues confronting the drug
courts in the state. Nothing in this section shall impede the constitutional authority of
the district attorney. (b) AOC shall provide state-level coordination and support for drug
court judges and their programs and operate as a liaison between drug court judges and other
state-level agencies providing services to or benefitting from drug court programs. (c) The
Administrative Director of Courts shall make recommendations to the Chief Justice of the Alabama
Supreme Court concerning criteria for eligibility, the promulgation of procedural rules, the
establishment of guidelines for operation, and adoption of standards and...
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17-14-6
Section 17-14-6 Judges and clerks; vacancies. The judges of the circuit and district courts,
the judge of probate, the judges of the courts of appeals, and clerks of the circuit court
shall be elected on the first Tuesday after the first Monday in November 2006, and they shall
hold their respective offices for the term of six years from the first Monday after the second
Tuesday in January next after their election and until their successors are elected and qualified.
Unless otherwise provided in the Constitution of Alabama of 1901, vacancies in any judicial
office shall be filled by appointment by the Governor. The office of a judge shall be vacant
if the incumbent dies, resigns, retires, or is removed. The appointment of a judge of probate
is for the remainder of the unexpired term. A judge, other than a judge of probate, appointed
to fill a vacancy, shall serve an initial term lasting until the first Monday after the second
Tuesday in January following the next general election held...
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12-10A-1
Section 12-10A-1 Compensation of judges - Uniform plan. (a) In recognition of the disparity
in compensation of circuit and district judges caused by varying amounts of local supplements
to state salaries and the need for a uniform plan of compensation, the following comprehensive
plan is adopted for the compensation of judges. This plan, when implemented, shall reward
judges for judicial experience and phase out local salary supplements and expense allowances.
(1) On October 1, 2000, the salary of circuit judges paid from the State Treasury shall be
increased to the amount authorized for attorneys in the classified service of the state as
Attorney IV, step 14, on June 10, 1999, and the salary of the Supreme Court Justices, judges
of the appellate courts, and district judges shall be adjusted correspondingly as provided
by Act 90-111, 1990 Regular Session (Acts 1990, p. 132). (2) On October 1, 2001, the salary
of circuit judges paid from the State Treasury shall be increased to the...
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12-18-84
Section 12-18-84 Eligibility for retirement. Any probate judge serving on December 27, 1973,
who elects to become a member of the retirement fund hereby established, and any probate judge
assuming such office after October 1, 1976, may elect to be retired pursuant to this article
if he or she qualifies under any one of the following: (1) Has served as much as five years
as a probate judge and has become permanently, physically or mentally unable to carry out
his or her duties on a full-time basis, proof of such disability being made by certificate
of three reputable physicians; (2) Has served as much as 12 years as a probate judge and has
reached or passed the age of 65 years; (3) Has served as much as 15 years as probate judge
and is not less than 62 years of age or has served as such for more than 15 years and has
attained age 62, less one year for each year of service in excess of 15; provided, that such
probate judge shall have attained not less than 60 years of age; (4) Has served...
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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
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29-5A-64
Section 29-5A-64 Governing Council; Alabama Law Institute Council. (a) The Governing Council
of the Alabama Law Institute Council is continued in existence as the Alabama Law Institute
Council. (b) The council shall be composed of ex officio, appointed, and elected members,
as follows: (1) One Justice of the Supreme Court of Alabama, selected by the Justices thereof.
(2) One circuit court judge, selected by the Association of Circuit Court Judges. (3) The
Attorney General of the State of Alabama, or his or her designee. (4) The legal advisor to
the Governor of Alabama, or his or her designee. (5) The Chairs of the Judiciary Committees
of the Senate and House of Representatives. (6) The President of the Alabama State Bar. (7)
The Secretary of the Alabama State Bar. (8) The chair of the Junior Bar Section of the Alabama
State Bar. (9) The attorney members of the Legislative Council of Alabama. (10) Not less than
three nor more than six attorney members appointed by the Governor of...
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