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12-3-17
Section 12-3-17 Decision of cases in event of absence or disqualification of judge or judges.
In the absence of a judge of either of the courts of appeals or in case of the disqualification
of a judge, a majority can hold court and decide cases and announce the result when concurred
in by them. In the event the remaining judges are equally divided as to the decision, or the
court is reduced to less than a majority, the fact must be certified to the Chief Justice
of the Supreme Court, and he shall appoint a justice or justices of that court to sit with
the divided members to consider and decide said case, or, if the entire court is disqualified,
the appointed justice shall consider and decide the case. (Acts 1969, No. 987, p. 1744, ยง13.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-3-17.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-18-7.htm - 3K - Match Info - Similar pages
12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-37.htm - 1K - Match Info - Similar pages
45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge of Probate
of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent
from sickness, or otherwise disqualified from acting as judge, the judge of probate or the
chief clerk shall certify the fact of incompetency, incapacity, absence, sickness, or disqualification
to the presiding judge of the circuit court of the county and the presiding judge of the circuit
court, upon that certificate, shall appoint a person learned in the law, practicing and residing
in the county, to act as temporary judge of probate. At any time when the regularly elected
judge of probate of the county files a certificate in the office of the circuit clerk of the
county that he or she is no longer incompetent, from any legal cause, incapacitated, absent,
absent from sickness, or otherwise disqualified from acting as judge, then the regularly elected
judge of probate of the county shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-85.42.htm - 6K - Match Info - Similar pages
12-2-14
Section 12-2-14 Appointment of members of bar to sit as special judges in determination of
certain cases. When by reason of disqualification the number of judges competent to sit in
a case is reduced to eight or to six and there is equal division among them on any question
material to the determination of the case, the fact shall be certified by the Chief Justice
or, when he is disqualified, by the judges sitting to the Governor, who shall thereupon appoint
a member of the bar of the Supreme Court to sit as a judge of said court in the determination
of said case. Similarly, when by reason of disqualification no one of the judges is competent
to sit in a case or the number is reduced below six, the fact shall be certified by the Chief
Justice, if he is competent to sit, or, if not, by the judge or judges sitting, or, if no
one is competent, by the clerk of the court to the Governor, who shall thereupon appoint members
of the bar of the Supreme Court to constitute a special court of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-2-14.htm - 1K - Match Info - Similar pages
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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-18-10.htm - 7K - Match Info - Similar pages
9-9-14
Section 9-9-14 Board of water management commissioners - Composition; qualifications, appointment,
terms of office, oath and bond of commissioners; seal; officers and employees generally; meetings;
vacancies; quorum. Upon the organization of the district, the court of probate shall appoint
three water management commissioners to be designated "Board of Water Management Commissioners,"
who shall have control of the affairs of the district, and each commissioner shall be an owner
of real property within the district and shall be over 19 years of age, and at least one of
them shall be a resident of the county in which the proceedings are held. Whenever the owners
of a majority in acres of the land comprising a district petition the court for appointment
of a person qualified under this article to act as a water management commissioner, it shall
be the duty of the court to appoint such person or persons, but in the absence of such petition
it shall be the duty of the court to appoint such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-14.htm - 4K - Match Info - Similar pages
15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-1.1.htm - 43K - Match Info - Similar pages
34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or entity,
including the board or its staff, may file a complaint alleging a violation of this chapter
against any individual licensee, certified intern, or firm holding a certificate of authorization
or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed
by the complainant, shall state specifically the facts on which the complaint is based, and
shall be filed with the executive director of the board. (b) The board may designate one or
more individuals to investigate and report to it on any matter related to its lawful duties
and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-11-11.2.htm - 5K - Match Info - Similar pages
15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-200.htm - 8K - Match Info - Similar pages
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