12-17-110
Section 12-17-110 Office of register not to be filled when vacancy occurs; reappointment of
registers holding office on October 10, 1975; removal of registers. (a) Vacancies. - When
the position of register in any circuit court becomes vacant upon the death, resignation,
retirement or inability of the incumbent to satisfy the conditions for reappointment specified
in subsection (b) of this section, the vacancy shall not be filled, and the responsibilities
and authority of the register shall become the responsibilities and authority of the clerk
of the circuit court for the county where the register served. (b) Reappointment. - A register
who: (1) Holds office on October 10, 1975, and (2) Is not eligible to retire and receive retirement
compensation by reason of age and years of service or by provision of any retirement program
in effect on January 17, 1977, may be reappointed for terms of six years, but no register
shall be reappointed after completion of any term during which he...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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26-2-45
Section 26-2-45 Procedure generally - Entry of decree, recordation of proceedings and appointment
of conservator by court upon rendition of verdict of jury. If the jury find by their verdict
that the facts alleged in the petition are true and that such person is incapacitated, the
court shall enter a decree accordingly, and must cause the petition and all the proceedings
thereon to be recorded and appoint a suitable conservator of such person. (Code 1852, §2753;
Code 1867, §3192; Code 1876, §2760; Code 1886, §2395; Code 1896, §2260; Code 1907, §4350;
Code 1923, §8108; Code 1940, T. 21, §14; Acts 1982, No. 82-384, p. 561, §2; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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26-2B-204
Section 26-2B-204 Special jurisdiction. (a) A court of this state lacking jurisdiction under
Section 26-2B-203 has special jurisdiction to do any of the following: (1) appoint a guardian
in an emergency for a term not exceeding 90 days for a respondent who is physically present
in this state; (2) issue a protective order with respect to real or tangible personal
property located in this state; (3) appoint a guardian or conservator for an incapacitated
or protected person for whom a provisional order to transfer the proceeding from another state
has been issued under procedures similar to Section 26-2B-301. (b) If a petition for the appointment
of a guardian in an emergency is brought in this state and this state was not the respondent's
home state on the date the petition was filed, the court shall dismiss the proceeding at the
request of the court of the home state, if any, whether dismissal is requested before or after
the emergency appointment. (c) The court may entertain successive...
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26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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19-2-2
Section 19-2-2 Removal of fiduciary; appointment of successor; accounting by fiduciary. Any
fiduciary engaged in war service may be removed from his office as such upon petition filed
in the proper court having jurisdiction by any person interested in the trust fund or the
estate being administered or by any co-fiduciary or surety, and if the trust has not been
fully executed or the administration of the estate has not been fully completed, the court,
upon such removal, must appoint a successor fiduciary to fill the vacancy caused by such removal
if there is no trust instrument providing a practicable method of appointment. If the court
shall find that, because of the military service of the fiduciary, the stating of an account
at that time is not possible, an accounting by such fiduciary in military service shall not
be a prerequisite to the appointment of a successor fiduciary, and upon the reinstatement
of such fiduciary or at such time as the said court deems meet, such fiduciary...
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22-5-3
Section 22-5-3 Composition; compensation. (a) The commission shall consist of seven members,
including a chairman, one from each U.S. Congressional District and all to be appointed by
the Governor. They shall be selected because of their experience or interest in physical fitness
for both youth and adults and shall serve without compensation; except, that they may be reimbursed
for travel and other expenses incurred in the performance of their duties pursuant to Article
2, commencing with Section 36-7-20, of Chapter 7 of Title 36. The membership on the commission
shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity
of the state. The members of the commission shall be appointed for terms as follows: (1) The
members from districts one, two, three, and four shall be appointed for terms of three years
each. (2) The members from districts five, six, and seven shall be appointed for terms of
four years each. (b) As the term of each member...
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26-2A-153
shall consider recommendations relating to the appropriate standard of support, education,
and benefit for the protected person or dependents made by a parent or guardian, if any. The
conservator may not be surcharged for sums paid to persons or organizations furnishing support,
education, or maintenance to the protected person or a dependent pursuant to the recommendations
of a parent or guardian of the protected person unless the conservator knows that the parent
or guardian derives personal financial benefit therefrom, including relief from any
personal duty of support, or the recommendations are clearly not in the best interest
of the protected person. (2) The conservator shall expend or distribute sums reasonably necessary
for the health, support, education, or maintenance of the protected person and dependents
with due regard to (i) the size of the estate, the probable duration of the conservatorship,
and the likelihood that the protected person, at some future time, may be...
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26-2B-206
Section 26-2B-206 Appropriate forum. (a) A court of this state having jurisdiction under Section
26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction
if it determines at any time that a court of another state is a more appropriate forum. (b)
If a court of this state declines to exercise its jurisdiction under subsection (a), it shall
either dismiss or stay the proceeding. The court may impose any condition the court considers
just and proper, including the condition that a petition for the appointment of a guardian
or issuance of a protective order be filed promptly in another state. (c) In determining whether
it is an appropriate forum, the court shall consider all relevant factors, including: (1)
any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of
the respondent has occurred or is likely to occur and which state could best protect the respondent
from the abuse, neglect, or exploitation; (3) the...
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19-2-3
Section 19-2-3 Reappointment of removed fiduciary. If any fiduciary in war service be removed
from office and is a competent and suitable person to again serve as such fiduciary at any
time after the termination of his war service, the fiduciary appointed to fill the vacancy
caused by such removal, or his successor, shall be removed from office by the court upon petition
filed by the former fiduciary in war service so removed or by any person interested in the
trust fund or the estate being administered or by any co-fiduciary, and if the trust has not
been fully executed or the administration of the estate has not been fully completed the court,
upon such removal, shall appoint the fiduciary theretofore removed because of his war service
to fill the vacancy caused by the removal of his successor in office if there is no trust
instrument providing a practicable method of appointment. (Acts 1943, No. 460, p. 421, §3.)...

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