12-18-90
Section 12-18-90 Provisions of article not applicable to supernumerary probate judges; receipt
of benefits as supernumerary probate judge, etc., by probate judge electing to come under
provisions of Article 1 of chapter; transfer to Judicial Retirement Fund of moneys paid to
counties under provisions of Article 3 of Chapter 13 of this title by probate judges electing
to come under provisions of Article 1 of chapter. This article shall not apply to any supernumerary
probate judge. No probate judge who elects to come under the provisions of Article 1 of this
chapter shall be eligible to receive benefits as a supernumerary probate judge or benefits
under any other state retirement program; provided, that any probate judge retired under this
article may receive all social security benefits to which he or she is entitled, and the receipt
of such shall not diminish the retirement benefits herein provided. When a probate judge elects
to come under the provisions of Article 1 of this chapter,...
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12-17-198
Section 12-17-198 Appointment, number and compensation of assistant district attorneys. (a)
The district attorney may appoint full-time or part-time assistant district attorneys to perform
prosecutorial duties in the district or circuit courts within the circuit for which the district
attorney shall have administrative responsibility. The number and compensation of such assistant
district attorneys shall be as otherwise authorized or provided by law. (b) All general laws
applicable within certain judicial circuits, general laws of local application and local laws
providing for deputy or assistant district attorneys or circuit solicitors and the manner
of election or appointment, compensation, duties, etc., of such officers, which said laws
were in effect on the effective date of this code, shall continue in effect until amended
or repealed by statute; provided, that all such officers shall be known as "assistant
district attorneys." (Acts 1975, No. 1205, p. 2384, §4-131.)...
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12-18-152
Section 12-18-152 (Effective November 8, 2016, subject to contingencies) Scope and application
of plan; contributions. (a) Every judge or clerk first elected or appointed to his or her
position on or after November 8, 2016 who is not a member of the Judicial Retirement Fund
or Clerks' and Registers' Supernumerary Fund on November 7, 2016 shall come under this article
by operation of law. The plan shall not include any judge or clerk who is a member of the
Judicial Retirement Fund or Clerks' and Registers' Supernumerary Fund prior to November 8,
2016, regardless of the type of judgeship position held. Each judge or clerk shall contribute
to the fund eight and one-half percent (8.5%) of his or her annual salary or base sum as provided
in Section 12-18-82. The percentages shall be deducted by the employer from each judge's or
clerk's salary and paid into the fund in the State Treasury and credited to the individual
account of the judge or clerk from whose salary it was deducted. (b) On...
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12-17-186
Section 12-17-186 Appointment of attorney to act for district attorney when office vacant,
district attorney disqualified, etc. (a) The presiding judge of the circuit court, the district
court or the municipal court, when the district attorney or assistant district attorney regularly
required by law to prosecute criminal cases in such court is absent, or connected with the
party against whom it is his duty to appear by consanguinity or affinity within the fourth
degree, or when there is a vacancy in the office from any cause, or when the district attorney
refuses to act, may appoint a competent attorney to act in such district attorney's place,
but such appointment shall in no event extend beyond the session of the court at which the
appointment is made. (b) The attorney so appointed shall receive for his services the sum
of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant
of the Comptroller if the district attorney for whom he is appointed to act...
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12-18-2
Section 12-18-2 Administration of fund; disbursement of funds; appeals from decisions of Board
of Control. (a) The Judicial Retirement Fund shall be administered by the Secretary-Treasurer
of the State Employees' Retirement System under the supervision of the Board of Control of
the said State Employees' Retirement System, and said board of control shall be the trustee
of such fund and shall handle such fund in the same manner and pursuant to the same rules
and regulations that it handles funds in the State Employees' Retirement System. (b) The State
Comptroller shall issue warrants for the disbursement of such fund in the same manner that
he issues warrants for the disbursement of funds of the State Employees' Retirement System.
(c) Any justice or judge or spouse and/or child of a justice or a judge who is aggrieved by
any decision of the Board of Control shall have the right to appeal to the Supreme Court of
Alabama, where the Supreme Court shall hear said appeal de novo. (Acts 1973,...
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45-45-81.90
Section 45-45-81.90 Retirement compensation. (a) Any circuit judge or retired circuit judge
in the Twenty-third Judicial Circuit shall have the right of election to come under this section.
Any judge who elects to make the contributions provided in subsection (b) shall upon retirement
be entitled to receive as additional compensation payable from the treasury of the county,
for each year of service for which he or she is given credit toward retirement under the State
of Alabama Judicial Retirement System, a sum equal to 2.222 percent of the compensation paid
the judge by the State of Alabama. (b) A circuit judge or retired circuit judge in the Twenty-third
Judicial Circuit may elect to participate in the retirement benefits provided in subsection
(a) by filing with the clerk of the circuit court and with the chair of the county commission
or county treasurer of the county wherein such circuit is located a written instrument declaring
his or her election to so participate and...
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15-13-144
Section 15-13-144 Notice to prosecutor. Prior to the hearing, the judicial officer shall have
the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit
of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose,
or the prosecuting officer of the municipal court in municipal court cases, that a person
seeks to be released on judicial public bail and notice shall stipulate the time of the hearing.
No person shall be released on judicial public bail unless notice is given. Upon receipt of
the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled
to be heard at the hearing on the merits of the conditions of release, and the hearing shall
be at a time, date, and place certain wherein all parties shall appear and proceedings shall
be a matter of record. Nothing contained in this chapter shall be construed as granting or
affording the defendant an absolute right to be released on...
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12-18-50
Section 12-18-50 Entitlement to retirement and receipt of pension of district judges generally;
retirement order. Every district judge who meets the requirements for retirement prescribed
in this article shall be entitled to be retired and to receive a pension as provided in this
article. Such retirement shall be on order of the Board of Control of the Judicial Retirement
Fund and upon the request of the district judge to be retired or on an order signed by a majority
of the members of the Supreme Court. (Acts 1975, No. 1205, p. 2384, §4-119.)...
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45-37-123.102
Section 45-37-123.102 Disability retirement benefits. (a) Non-service connected disability
benefits. Subject to subsection (h), any member who, after accumulating 10 years of paid membership
time, experiences a total disability as a result of a non-service connected disability shall
be entitled to receive, at the time set forth in subsection (e), monthly disability retirement
benefits determined in accordance with Section 45-37-123.100, as though the disabled member
were entitled to a superannuation retirement benefit at the commencement of the disability;
however, there shall be a percentage reduction of such benefit to reflect early commencement
of the payment, such percentage to be based on the member's whole years from actual eligibility
for a superannuation retirement benefit, as set forth below. Notwithstanding any provisions
to the contrary, the minimum monthly disability retirement benefit payable in connection with
a non-service connected disability shall be 50 percent of the...
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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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