Code of Alabama

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12-17-161
Section 12-17-161 Separate office of clerk of district court may be established; appointment
and removal of clerk; abolition of separate office; participation in supernumerary fund. (a)
Authority and responsibility for the operation of a separate clerk's office for the district
court of a county may be authorized by the Supreme Court upon the written request of the clerk
of the circuit court or the judges of the district court. When the Supreme Court authorizes
a separate clerk's office for the district court of a county, the clerk of the circuit court
shall not be the ex officio clerk of the district court and shall have no administrative responsibilities
for and supervision over the operation of the office. Whenever a separate district clerk's
office is authorized, the administrative responsibility for and supervision of the records
and clerical services of the respective district court is vested in an official who shall
be known as the clerk of the district court, who shall perform...
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12-18-150
Section 12-18-150 (Effective November 8, 2016, subject to contingencies) Definitions. When
used in this article, the following terms shall have the following meanings, respectively,
unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum of
all the amounts deducted from the compensation of a member credited to his or her individual
account in the Judges' and Clerks' Plan, together with regular interest thereon. (2) ACTUARIAL
EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables
adopted by the Board of Control and regular interest. (3) ANNUITY. Payments for life derived
from the accumulated contributions of a member. All annuities shall be payable in equal monthly
installments. (4) AVERAGE FINAL COMPENSATION. The average annual compensation of a judge or
clerk with respect to which he or she had made contributions pursuant to Section 12-18-152
during the five years in his or her last 10 years of membership service for...
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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...
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12-2-30
Section 12-2-30 Powers and duties as to supervision and administration of courts generally.
(a) The Chief Justice shall see that the business of the several courts of the state is attended
with proper dispatch and that cases, civil and criminal, are not permitted to become congested
or delayed, and he shall take care that prisoners are not allowed to remain in the jails without
a prompt trial. (b) In connection with these duties and other responsibilities, the Chief
Justice is authorized and empowered: (1) To maintain a roster of supernumerary circuit judges
who are willing and able to undertake special duties from time to time and to assign supernumerary
circuit judges in accordance with the provisions of law and, further, to assign supernumerary
circuit judges and circuit judges, provided they are agreeable, in connection with studies,
projects and functions designed to improve the administration of justice and the courts in
Alabama and in connection with projects, studies and...
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45-37-80.20
Section 45-37-80.20 Appointment; duties; special reporter; fee; salary; oath; supplies. (a)
That each of the judges of such circuit courts of this state shall appoint a competent shorthand
writer to perform the duties of official court reporters over the court in the circuit over
which the judge presides; that such official court reporter shall not be subject to the provisions
of any civil service system as may be effective in such county or counties or circuit or circuits;
that such official court reporter shall serve at the pleasure of the appointing judge; that
no two judges shall appoint the same court reporter; that no person shall be appointed official
or special court reporter under this section who is not able to correctly report in shorthand
the proceedings in all trials as the same may occur and neatly and expeditiously transcribe
on the typewriter the testimony taken by him or her. The official court reporter shall be
an officer of the court, and within his or her circuit...
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12-14-30
Section 12-14-30 Appointment, terms of office and qualifications; designation, etc., of presiding
judge; filling of vacancies; oath; grounds for disqualification of judges from hearing of
cases; practice of law or receipt of unauthorized remuneration for judicial services by full-time
judges prohibited. (a) The governing body of the municipality shall, by vote of a majority
of its members, appoint judges of the municipal court. (b) The term of office of each full-time
municipal judge shall be for a term of four years. The term of office of a municipal judge
other than a full-time municipal judge shall be two years. The term of either full-time or
part-time municipal judges shall continue until a successor has been appointed and qualified.
(c) In the event that a municipality has more than one judge, the mayor shall designate a
presiding judge, who shall have such additional duties and powers and be entitled to receive
such additional compensation as provided by ordinance. (d) Each...
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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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12-17-94
Section 12-17-94 Duties generally. (a) The duties of the clerks of the circuit court include
all of the following: (1) To sign and issue all summons, subpoenas, writs, executions, and
other processes, under the authority of the court. (2) To keep a consolidated docket sheet
of civil and criminal cases, the names of the parties, the character of action or offense,
the names of the attorneys and the sheriff's return, which shall be entered in all civil and
criminal cases standing for trial, in the order in which they are brought, and the bench notes,
orders, rulings on motions and pleadings, other preliminary matters and final judgment which
have been made in each case by the judge, which shall be the official minutes. (3) To keep
all papers, books, dockets, and records belonging to their office with care and security,
with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and
the books, dockets and records properly lettered. Parties shall be allowed to...
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45-17-232
Section 45-17-232 Day reporting system. (a) This section shall be applicable only in Colbert
County. (b) Any person who has been committed to the county jail in Colbert County under a
criminal sentence imposed by the Circuit or District Court of Colbert County, and who has
been released on a suspended sentence shall report to the probation office of Colbert County.
The probation officer at his or her discretion shall require the person to report at regular
intervals, for the sole purpose of the collection of court costs, fines, and other penalties
and fees assessed against the convicted person by the probation officer. (c) The probation
officers of Colbert County, Alabama, shall remit fines, assessments, court costs, and restitution
assessed against the persons to the Colbert County Circuit Clerk. The probation officers shall
be allowed to charge the convicted persons a day reporting fee of 20 percent of the net weekly
income of the person and may charge a minimum of ten dollars ($10)...
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41-4-322
Section 41-4-322 Programs; director; standards; duties of director and local indigent defense
advisory board; budget. (a) The office shall develop and improve programs to provide legal
representation to indigents. (b) The office shall have a director, who shall be chosen by
the Director of Finance on the basis of training, experience, and other qualifications. The
term of office shall be three years, subject to termination for cause. The person selected
as Director of the Office of Indigent Defense Services, in addition to the above qualifications
and experience, shall be an attorney licensed to practice law in the State of Alabama. The
director shall be chosen from a list of three qualified candidates nominated by the Alabama
State Bar Board of Bar Commissioners within 60 days of a vacancy occurring. The Director of
Finance shall serve as the Director of Indigent Defense Services on an interim basis if a
vacancy exists. If the Alabama State Bar Board of Bar Commissioners fails to...
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