Code of Alabama

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12-1-14
Section 12-1-14 Appointment, powers, compensation, etc., of special judges for circuit, district,
or probate court. Should the need for special judges in the circuit court, district court
or probate court arise, the Supreme Court may appoint and commission special circuit judges
or special district court judges or special probate judges for temporary service; provided,
however, that the person so appointed shall possess the qualifications of the judgeship to
which he is appointed. Such special judges shall qualify by taking the oath of office prescribed
in the Constitution. Such appointment shall confer on the special judge all powers, authority
and jurisdiction of the respective judgeship to which he is appointed. Such special judge
shall receive as compensation for his services a sum not to exceed $100.00 a day as established
by rule and reimbursement for his actual and necessary expenses, including, but not limited
to, transportation costs, food and lodging, to be paid out of the...
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14-15-4
memoranda, a court may rule on exceptions and motions without holding a hearing. (3) Hearings
may be conducted at the facility in which the prisoner is currently confined subject to agreement
by the state. (4) The court shall allow counsel to participate by telephone, video conference,
or other telecommunications technology in any hearing held at the facility to the extent practicable.
(g) No pro se civil action by a prisoner may assert a claim under state law for mental or
emotional injury suffered while in custody without a prior showing of physical injury.
(h)(1) The pro se civil actions of more than one prisoner may not be consolidated, and a prisoner's
action that is filed or prosecuted pro se may not assert a class action. (2) If a pro se civil
action names more than one plaintiff or asserts a pro se class action, the actions of any
plaintiff, other than the first named plaintiff, shall be dismissed without prejudice. (i)
No prisoner may file a petition for writ of...
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22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The SHPDA,
pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations
the procedures for review of applications for certificates of need and for issuance of certificates
of need. Rules and regulations governing review procedures shall include, but not necessarily
be limited to, the following: (1) Agreement with other review agencies for review procedures
consistent with this article and federal regulations. (2) Application procedures and forms
of the application necessary to elicit and provide all necessary information as required by
the review criteria. (3) Establishment of a project review period of 90 days from the date
the state agency determines that the application is complete and notification thereof is made
to the applicant. The rules and regulations may provide for a period of not more than 15 days
for determination of the completeness of the application,...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
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6-5-580
Section 6-5-580 Standards of care. In any action for injury or damages or wrongful death,
whether in contract or in tort, against a legal service provider, the plaintiff shall have
the burden of proving that the legal service provider breached the applicable standard of
care. The applicable standard of care shall be as follows: (1) The applicable standard of
care against the defendant legal service provider shall be such reasonable care and skill
and diligence as other similarly situated legal service providers in the same general line
of practice in the same general area ordinarily have and exercise in a like case. (2) However,
if the defendant publishes the fact that he or she is certified as a specialist in an area
of the law or if the defendant legal service provider solicits business by publicly advertising
as a specialist in any area of the law, the standard of care applicable to such legal service
provider in a claim for damages resulting from the practice of such a specialty...
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34-3-43
Section 34-3-43 Powers generally. (a) The Board of Commissioners shall have power: (1) To determine,
by rules, the qualifications and requirements for admission to the practice of law; (2) To
conduct through a Board of Examiners the examination of applicants; and such Board of Examiners
shall certify to the Supreme Court the names of the applicants found to be qualified; such
certifications shall entitle such persons to be enrolled in the bar of the state and to practice
law; provided, that the fees required are paid; (3) Subject to the approval of the supreme
court, to formulate rules governing the conduct of all persons admitted to practice and to
investigate, or cause to be investigated, and to pass upon all complaints that may be made
concerning the professional conduct of any person who has been, or may hereafter be, admitted
to the practice of the law; (4) Subject to the approval of the supreme court, to formulate
rules governing the reinstatement of members of the bar who have...
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37-4-30
Section 37-4-30 Obtaining electric service under a private contract; definitions. (a) No existing
electric customer shall obtain electric service under a private contract for electric service
without first giving written notice to the utility currently providing it retail electric
service at least 45 days prior to the date on which the private contract for electric service
is to become effective. In the event any utility currently providing service to the existing
electric customer determines that it or its other electric customers will be adversely affected
by the loss of the existing electric customer due to the private contract for electric service,
it may, within 45 days of the date of the existing electric customer's written notice of a
private contract for electric service, file a petition for review of the private contract
for electric service as set forth below and service under such contract shall not be initiated
until 45 days after such review has been completed and an order...
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38-9F-4
Section 38-9F-4 Issuance of elder abuse protection orders. (a) The following courts shall have
jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3)
A district court judge designated by a written standing order from the presiding circuit court
judge. (b) An elder abuse protection order may be requested in any pending civil or domestic
relations action, as an independent civil action, or in connection with the preliminary, final,
or post-judgment relief in a civil action. (c) A petition for an elder abuse protection order
may be filed in any of the following locations: (1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence
to avoid further abuse. (3) Where the abuse occurred. (d) There is no minimum period of residence
for the plaintiff in the State of Alabama or in the county in...
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44-1-51
Section 44-1-51 Composition; compensation; records. (a) The Governor shall be the ex officio
Chair of the Youth Services Board. (b) The board shall be composed of 18 voting members, five
of whom shall be the Commissioner of the State Department of Human Resources, the State Superintendent
of Education, the Commissioner of Mental Health, the State Health Officer, and the Director
of the Alabama Law Enforcement Planning Agency, each of whom may delegate his or her vote
to an agent or employee by written notification 10 days prior to a meeting of the board. (c)
The chair, vice chair, and secretary of the board shall be elected by the members thereof.
The chair shall vote only in the case of a tie. (d) The Speaker of the Alabama House of Representatives
shall appoint two members to be selected from the membership of the House and the Presiding
Officer of the Alabama Senate shall appoint two members to be selected from the membership
of the Senate. The President of the Alabama Council of...
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45-1-82.09
Section 45-1-82.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the offender...
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