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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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15-12-23
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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43-8-193
Section 43-8-193 Proceedings against defaulting witness. If any witness, being duly summoned,
fails to attend, the judge of probate shall enter up a conditional fine against him, not exceeding
$50.00, and shall thereupon issue a notice to such witness to appear at a term of said court,
not more than 30 days from the date of such notice and show cause why such fine should not
be made absolute. The proceedings thereafter shall be governed by the same rules, and such
witness shall be subject to the same liabilities, except as to the amount of the fine, as
are provided by law in cases of defaulting witnesses in the circuit court. (Code 1852, §1642;
Code 1867, §1961; Code 1876, §2325; Code 1886, §1993; Code 1896, §4291; Code 1907, §6200;
Code 1923, §10629; Code 1940, T. 61, §56; Code 1975, §43-1-73.)...
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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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12-18-8
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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12-21-283
Section 12-21-283 Procedure for securing attendance of witness in another state at criminal
proceedings, etc., within state; fees and allowances; effect of failure of summoned witness
to attend and testify. (a) If a person in any state which, by its laws, has made provision
for commanding persons within its borders to attend and testify in criminal proceedings or
grand jury investigations commenced or about to be commenced in this state is a material witness
in a criminal proceeding pending in a court of record in this state or in a grand jury investigation
which has commenced or is about to commence, a judge of such court may issue a certificate
under the seal of the court stating these facts and specifying the number of days the witness
will be required. Said certificate may include a recommendation that the witness be taken
into immediate custody and delivered to an officer of this state to assure his attendance
in this state. This certificate shall be presented to a judge of a...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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45-27-81
Section 45-27-81 Escambia County Law Library and Judidcial Administration Fund. (a) In Escambia
County, in order to provide a special fund for the creation and maintenance of the law library
and for the purposes of judicial administration as further specified in this section, there
shall be taxed as additional court costs the sum of thirty dollars ($30) in each civil or
quasi-civil action at law, small claims case, suit in equity, criminal case, traffic case,
quasi-criminal case, juvenile court case, proceeding on forfeited bail bond, or a proceeding
on a forfeited bond given in connection with an appeal from a judgment of conviction in any
district or municipal court to each circuit court or to the juvenile court hereinafter filed
in, arising in, or brought by appeal, certiorari, or otherwise to the circuit court or district
court or to the juvenile court in Escambia County. The costs shall be collected as other costs
in cases are collected by the clerk of the court and shall be paid...
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11-25-13
Section 11-25-13 Disposition of funds. (a) In any county that has established a county law
library fund pursuant to this chapter or pursuant to local act, and in any county which hereafter
shall establish a law library fund pursuant to lawful authority, in addition to, and not to
supersede, the authority granted to the presiding judge in a judicial circuit by such authority,
the presiding circuit judge may authorize the moneys designated for the use of the law library
to be expended for any of the following purposes: (1) The purchase of books, periodicals,
equipment, software, hardware, furniture, fixtures, technology, and computers. (2) The cost
of securing advice and attendance of witnesses. (3) Registration fees and expenses incurred
by the judges and court employees when attending seminars, institutions, conferences, and
other meetings related to continuing legal education and judicial education. Allowances and
reimbursements for expenses incurred by the judges and court employees...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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