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12-1-23
Section 12-1-23 Reasonable accommodation for those in need of special services, etc. (a) If
any plaintiff, defendant, or witness in any proceeding before the district court, circuit
court, appellate court, or grand jury is in need of special services or equipment as required
by the Americans with Disabilities Act [P.L. 101-366], the court shall make every effort to
make reasonable accommodation for the services or equipment to allow the person to fully participate
in the proceedings. All costs for the services or equipment shall be approved in advance by
the court. (b) The costs incurred by the district, circuit, or appellate court providing special
services or equipment, when approved by the court in advance, shall be forwarded by the clerk
of the court to the State Comptroller to be paid out of funds within the State General Fund
known as "court assessed costs not provided for." Nothing in this section shall
prohibit the court from taxing the costs against one or more of the parties...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
12-15-305
Section 12-15-305 Right to counsel for petitioners or respondent parents, legal guardians,
or legal custodians in dependency proceedings. THIS SECTION WAS CREATED BY ACT 2008-277 IN
THE 2008 REGULAR SESSION, EFFECTIVE JANUARY 1, 2009. (a) Upon request and a finding of indigency,
the juvenile court may appoint an attorney to represent the petitioner and may order recoupment
of the fees of the attorney to be paid to the State of Alabama. (b) In dependency and termination
of parental rights cases, the respondent parent, legal guardian, or legal custodian shall
be informed of his or her right to be represented by counsel and, if the juvenile court determines
that he or she is indigent, counsel shall be appointed where the respondent parent, legal
guardian, or legal custodian is unable for financial reasons to retain his or her own counsel.
(Act 2008-277, ยง18.)...
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15-12-1
(7) NONOVERHEAD EXPENSES. The reasonable expenses incurred during and directly related to an
appointed counsel's legal representation of an indigent defendant including, but not limited
to, mileage, postage, and reasonable costs of photocopying. Nonoverhead expenses do not include
fees and expenses of all experts, investigators, and others rendering indigent defense services
to be used by counsel for an indigent defendant; office overhead expenses, such as professional
license fees; malpractice, casualty, health, general disability, and workers' compensation
insurance; office salaries; ad valorem taxes; office supplies; office rent; depreciation of
office equipment and furniture; continuing legal education expenses, including travel and
lodging; utilities; bank fees and interest on loans; professional fees; and other overhead
expenses or costs. (8) OFFICE. The Office of Indigent Defense Services. (9) PUBLIC DEFENDER.
Any attorney licensed to practice law in the State of Alabama,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-1.htm - 4K - Match Info - Similar pages
15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-21.htm - 6K - Match Info - Similar pages
15-23-17
Section 15-23-17 Assessment of additional costs and penalties; collection and disposition of
additional assessments, etc. (a) In all criminal and quasi-criminal proceedings for the violation
of laws of the state or municipal ordinances which are tried in any court or tribunal in this
state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile
delinquent or youthful offender, or wherein a bond is forfeited and the result of the forfeiture
is a final disposition of the case or wherein any penalty is imposed, there is imposed an
additional cost of court in the amount of two dollars ($2) for each traffic infraction, ten
dollars ($10) in each proceeding where the offense constitutes a misdemeanor and/or a violation
of a municipal ordinance other than traffic infractions, and fifteen dollars ($15) in each
proceeding where the offense constitutes a felony , but there shall be no additional costs
imposed for violations relating to parking of vehicles. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-23-17.htm - 4K - Match Info - Similar pages
15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-3.htm - 4K - Match Info - Similar pages
26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity
proceeding where the defendant has been declared the legal father, the case shall be reopened
if there is scientific evidence presented by the defendant that he is not the father. The
court shall admit into evidence any scientific test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-17A-1.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-5.htm - 2K - Match Info - Similar pages
15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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