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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - 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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-305.htm - 1K - Match Info - Similar pages
12-15-210
Section 12-15-210 Notification to children of right to counsel; appointment of counsel by juvenile
court. (a) In delinquency and child in need of supervision cases, a child and his or her parent,
legal guardian, or legal custodian shall be advised by the juvenile court or its representative
at intake that the child has the right to be represented at all stages of the proceedings
by a child's attorney retained by them or, if they are unable to afford a child's attorney,
by a child's attorney appointed by the juvenile court. (b) If a child's attorney is not retained
by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood
such may result in a placement in an institution in which the freedom of the child is curtailed,
a child's attorney shall be appointed to defend the child. (c) In delinquency and child in
need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition
to the child's attorney described in this section....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-210.htm - 1K - Match Info - Similar pages
12-19-252
Section 12-19-252 Annual appropriations; payment of share of cost of maintaining public defender
offices by counties. There is hereby appropriated from the Fair Trial Tax Fund, annually,
such amount as may be necessary to pay the fees of counsel, court reporters, and such other
necessary expenses of indigent defense as are provided by law. There is also hereby appropriated
from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay to the Office
of Indigent Defense Services, the salaries, benefits, and other necessary expenses involved
in administering the Office of Indigent Defense Services. In addition thereto, the Legislature
shall appropriate annually out of the General Fund in the State Treasury a sum equal to the
amount by which the cost of such necessary expenses of indigent defense, as provided by law,
exceeds the amount available for such purpose in the Fair Trial Tax Fund. If the county maintains
a public defender, there shall be paid a reasonable share of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-252.htm - 1K - Match Info - Similar pages
12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-207.htm - 3K - Match Info - Similar pages
45-13-82
Section 45-13-82 Assessment of docket fee in certain cases; Solicitor's Fair Trial Fund. (a)
In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit,
and municipal courts in Clarke County, a docket fee, hereinafter referred to as a solicitor's
fee, shall be assessed in each case. The fees shall be collected by the circuit clerk and
distributed monthly to the Solicitor's Fair Trial Fund in the county or to the fund that may
be hereafter prescribed by law for the solicitor's fee. The solicitor's fee shall be in an
amount equal to all docket fees or court costs which are assessed upon an adjudication of
guilt in a criminal case and distributed to the Fair Trial Tax Fund. (b) The solicitor's fee
shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited,
a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor's
fee shall be in addition to and not in lieu of any other fees...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-13-82.htm - 1K - Match Info - Similar pages
45-48-80.03
Section 45-48-80.03 Solicitor's fee; Fair Trial Tax Fund. (a) In all juvenile, traffic, criminal,
and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Marshall
County, a docket fee, hereinafter referred to as a solicitor's fee, shall be assessed in each
case. The fees, when collected, shall be distributed monthly to the solicitor's fund in the
county or to the fund that may be hereafter prescribed by law for the solicitor's fee. The
solicitor's fee shall be in an amount equal to all docket fees or court costs which are assessed
upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund.
A one dollar ($1) administrative fee from each case shall be retained by the clerk of court
to pay for the operation of the clerk's office. (b) The solicitor's fee shall be collected
in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty
imposed, or where there is issued any alias or capias warrant of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-48-80.03.htm - 1K - Match Info - Similar pages
12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity for continuation
of shelter care of a child. (a) When a child alleged to be dependent has been removed from
the custody of the parent, legal guardian, or legal custodian and has not been returned to
same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays,
and holidays included, to determine whether continued shelter care is required. (b) Notice
of the 72-hour hearing requirement, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian,
or legal custodian if he or she can be found. (c) At the commencement of the 72-hour hearing
requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian
of the right to counsel and shall appoint counsel if the juvenile court determines he or she
is indigent. If the juvenile court already has not done so, it...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-308.htm - 2K - Match Info - Similar pages
12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters into a
pretrial diversion program established under this division shall be brought before a court
of competent jurisdiction and shall satisfy each of the following requirements: (1) Voluntarily
waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling
of periods of limitations established by statutes or rules of court while in the program.
(3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering
into any agreement or seeking entry into a pretrial diversion program created pursuant to
this division, an offender must be represented by counsel or waive his or her right to have
counsel before a judge of a court of competent jurisdiction. If the offender is indigent,
nothing in this division shall prevent the court from appointing counsel to represent an offender.
(c) An offender who enters a pretrial diversion program pursuant to this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.5.htm - 1K - Match Info - Similar pages
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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