15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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31-2A-38
Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel. (a) The trial counsel
of a general or special court-martial shall prosecute in the name of the state, and, under
the direction of the court, shall prepare the record of the proceedings. (b)(1) The accused
has the right to be represented in defense before a general or special court-martial or at
an investigation under Section 31-2A-32 (Article 32) as provided in this subsection. (2) The
accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by either of the following: a. By military counsel detailed
under Section 31-2A-27 (Article 27). b. By military counsel of the accused's own selection
if that counsel is reasonably available as determined under subdivision (7). (4) If the accused
is represented by civilian counsel, military counsel detailed or selected under subdivision
(3) shall act as associate counsel unless excused at the request of...
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31-9-4
Section 31-9-4 State Emergency Management Agency; Director of Emergency Management. (a) There
is hereby created within the executive branch of the state government a department of emergency
management, hereinafter called the "Emergency Management Agency," with a Director
of Emergency Management, hereinafter called the "director," who shall be the head
thereof. The director shall be appointed by the Governor. The director shall devote his or
her entire time to the duties of the office. The director shall not hold another office under
the government of the United States or any other state, or of this state, or any political
subdivision thereof, during his or her incumbency in such office, and shall not hold any position
of trust or profit, or engage in any occupation or business the conduct of which shall interfere
or be inconsistent with the duties of Director of Emergency Management under the provisions
of this article. The director shall hold office during the pleasure of the...
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36-15-3
Section 36-15-3 Salary. The salary of the Attorney General of Alabama shall be an amount equal
to the salary of an Associate Justice of the Supreme Court of Alabama. The salary provided
for herein shall be payable in installments as the salaries of other state officers are paid
and shall be the full compensation to which the Attorney General is entitled from the state
for the performance of his official duties. (Acts 1969, No. 411, p. 811, §1.)...
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41-7-3
Section 41-7-3 Advisory Board. (a) There is established the Advisory Board to the Alabama Tourism
Department to advise and assist the director. The board shall be composed of 21 members who
shall be appointed as follows: (1) Two members who shall be appointed by the Governor from
a list of three persons for each board position which shall be submitted to the Governor by
the Alabama Travel Council, or its successor organization. (2) Two members who shall be appointed
by the Governor from a list of three persons for each board position which shall be submitted
to the Governor by the Alabama Hospitality Association, or its successor organization. (3)
Two members who shall be appointed by the Governor from a list of three persons for each board
position which shall be submitted to the Governor by the Alabama Association of Convention
and Visitor Bureaus, or its successor organization. (4) Two members who shall be appointed
by the Governor from a list of three persons for each board...
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9-2-3
Section 9-2-3 Powers and duties as to state parks and parkways, etc. The Department of Conservation
and Natural Resources, for the purpose of establishing, developing and maintaining state parks
and parkways, may acquire land by donation, purchase, condemnation or lease and for these
purposes may use such funds as may be available to it and not otherwise obligated and may
enter into agreements with the federal government or other agencies for acquiring by lease,
purchase or otherwise such lands as in its judgment are desirable for state parks or parkways.
As to the purchase of lands, such agreements may provide for a division of the payments over
a period of years, in which case the payments may be secured by mortgage; provided, that no
liability shall attach to the State of Alabama or any of its departments, boards, bureaus
or commissions or any member or official thereof if the security specifically given in any
such mortgage is insufficient to pay said mortgage at a forced sale or...
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9-21-4
Section 9-21-4 Alabama Board for Aquatic Plant Management. (a) This chapter creates the Alabama
Board for Aquatic Plant Management with all of the following powers and duties: (1) Monitor
and coordinate the management, treatment, and stewardship of aquatic plants in the waters
of the Tennessee River and direct the research and planning related to these activities, as
provided in this chapter, so as to protect human health, safety, recreation, and fisheries
and, to the greatest degree practicable, prevent injury to non-invasive plant and animal life
and property. (2) Guide and assist when requested in coordinating the activities of public
bodies, authorities, non-state agencies, and special districts charged with the management
of aquatic plants in the waters of the Tennessee River. (3) Promote, develop, and support
research activities directed toward effective and efficient management of aquatic plants in
the waters of the Tennessee River. (4) Develop and adopt an aquatic plant...
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12-1-13
Section 12-1-13 Grounds for disqualification of justices of Supreme Court and judges of courts
of appeals from participation in decision of cases. No justice of the Supreme Court or judge
of a Court of Appeals of Alabama shall participate in the decision of any case in the Supreme
Court or a court of appeals appealed to said court from any lower court of the State of Alabama,
of which lower court said justice was judge at the time said case was decided and who presided
at the trial of said case in said lower court. (Code 1907, §4628; Code 1923, §8572; Code
1940, T. 13, §7.)...
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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....
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22-50-62
Section 22-50-62 Disclosure of information. No employee of any of the facilities under the
management, control, supervision or affiliated with the Alabama Department of Mental Health
shall be required to disclose any record, report, case history, memorandum or other information,
oral or written, which may have been acquired, made or compiled in attending or treating any
patient of said facilities in a professional character, when such information was necessary
in order to evaluate or treat said patient or to do any act for him or her in a professional
capacity, unless a court of competent jurisdiction shall order disclosure for the promotion
of justice; provided, that where a person is a defendant in a criminal case and a mental examination
of such defendant has been ordered by the court, the results or the report of such mental
examination shall be forwarded to the clerk of said court and to the district attorney and
to the attorney of record for the defendant. (Acts 1971, No. 1891,...
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