12-18-51
Section 12-18-51 Right of election of judges of county courts or full-time municipal court
judges entitled to receive commissions as district judges to come under provisions of Article
1 of chapter; filing of notice of election with Clerk of Supreme Court, Secretary-Treasurer
of Judicial Retirement Fund and governing body of county or municipality; applicability of
provisions of Article 1 of chapter to district court judges elected or appointed to office
after October 10, 1975. (a) Each judge of a county court or full-time municipal court judge
entitled to receive a commission as a district judge pursuant to the Constitution shall have
a right to elect to come under the provisions of Article 1 of this chapter in accord with
the provisions of this article, but a full-time municipal court judge shall not be entitled
to credit to determine eligibility for retirement under Section 12-18-55 for any service prior
to such election. (b) Such election shall be made by written notice filed...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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11-47-7.1
Section 11-47-7.1 Additional court costs and fees on certain municipal cases; disposition of
funds. (a) In addition to any court costs and fees now or hereafter authorized, any municipal
governing body, by majority vote of the municipal governing body, may individually or jointly
with one or more municipalities in the county levy and assess additional court costs and fees
up to an amount not to exceed the court costs and fees in the district court of the county
for a similar case on each case hereafter filed in any municipal court of the municipality
or municipalities. The cost or fee shall not be waived by any court unless all other costs,
fees, assessments, fines, or charges associated with the case are waived. The costs and fees
when collected by the clerks or other collection officers of the courts, shall be paid into
a special municipal fund designated as the corrections fund. The affected governing body shall
allocate the funds exclusively for the purchase of land for, and the...
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12-19-172
Section 12-19-172 Schedule and distribution of fees - Municipal ordinance cases in circuit
and district courts. (a) The following docket fees shall be collected for municipal ordinance
cases in the district court: (1) Traffic infraction $92.00 (2) Issuance of alias writ 20.00
(3) Other ordinance violations 117.00 (4) Bond forfeiture 65.00 (b) Effective October 1, 2000,
the docket fee in municipal ordinance cases in district and circuit courts shall be increased
by five dollars ($5) and the additional fee shall be deposited into the Fair Trial Tax Fund.
(c) On appeals de novo to the circuit court, the docket fees in municipal ordinance cases
shall be the same as those collected for misdemeanor cases. (d) In addition to the fees now
authorized by law, an additional fee of thirty dollars ($30) shall be assessed in municipal
courts upon conviction of a municipal ordinance violation, excluding parking violations. The
fees shall be distributed as follows: Nine dollars ($9) to the Fair Trial...
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15-15-43
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced
and pending in district or municipal court. (a) The original jurisdiction of the circuit courts
over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution
for a misdemeanor has been first commenced and is still pending in a district court or a municipal
court, the prosecution in the circuit court shall be abated on plea. (b) The plea provided
for in subsection (a) of this section must state that the prosecution in the district court
or the municipal court was commenced without the agency, request, participation, connivance
or authority of the defendant and must be sworn to. Each and every averment of the plea may
be traversed and denied; and if, on the trial of the issue, it appears that such prosecution
was commenced by the agency, request, participation, connivance or authority of the defendant,
then the jury must be instructed, if it finds either of these...
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45-36-80.04
Section 45-36-80.04 Additional court cost in domestic violence cases. (a) In addition to all
other costs and charges in circuit, district, and municipal court cases in Jackson County,
there shall be levied and assessed by the clerk of the court a court cost of thirty-five dollars
($35) in the following domestic violence cases: (1) Any case in which the defendant is assessed
court costs for any of the following offenses: a. Domestic violence in the first degree pursuant
to Section 13A-6-130. b. Domestic violence in the second degree pursuant to Section 13A-6-131.
c. Domestic violence in the third degree pursuant to Section 13A-6-132. d. Domestic violence
by strangulation or suffocation pursuant to Section 13A-6-138. e. Violation of a protective
order pursuant to Section 13A-6-142. (2) Any case in which the judge has issued a final order
on a petition for protection from abuse pursuant to Sections 30-5-1 to 30-5-11. (b) The clerk
of the court shall collect the court costs. The clerk of...
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45-4-81
Section 45-4-81 Additional court costs for certain district and circuit cases. (a) In Bibb
County, in addition to all other court charges or fees, there shall be taxed as court cost
the sum of five dollars ($5) in each civil or quasi-civil action at law, suit in equity, criminal
case, quasi-criminal case, proceeding on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgement or conviction in any inferior or
municipal court of the county, the district or circuit court of Bibb County, hereinafter filed
in or arising in the circuit or district court of Bibb County, or brought by appeal, certiorari,
or otherwise to either of the courts, which costs shall be collected as other costs in such
cases are collected by the clerk, or ex-officio clerk, of the courts or the register of the
circuit court or district court of Bibb County, as the case may be. (b) Such fees, when collected
by the clerks or other collection officers of such courts,...
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45-43-81
Section 45-43-81 Law library. In each civil and criminal case hereafter filed in any municipal,
circuit, or district court in Lowndes County, there shall be taxed as costs the sum of two
dollars ($2). The costs taxed under this section shall be collected as other costs in such
cases are collected, and when collected by the clerks or other collecting officers of such
courts, including the register of the circuit court, shall be by them paid over to the treasurer
or depository of Lowndes County for deposit in the county treasury. The sums so paid over
to the county treasury or depository shall be maintained in a separate fund in the county
treasury, designated as the Lowndes County Law Library Fund, and shall be expended by the
district court judge presiding over Lowndes County for establishing, maintaining, equipping,
and operating a law library at Hayneville. The presiding district court judge shall draw warrants
on the county treasury in making expenditures for the purposes...
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12-17-186
Section 12-17-186 Appointment of attorney to act for district attorney when office vacant,
district attorney disqualified, etc. (a) The presiding judge of the circuit court, the district
court or the municipal court, when the district attorney or assistant district attorney regularly
required by law to prosecute criminal cases in such court is absent, or connected with the
party against whom it is his duty to appear by consanguinity or affinity within the fourth
degree, or when there is a vacancy in the office from any cause, or when the district attorney
refuses to act, may appoint a competent attorney to act in such district attorney's place,
but such appointment shall in no event extend beyond the session of the court at which the
appointment is made. (b) The attorney so appointed shall receive for his services the sum
of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant
of the Comptroller if the district attorney for whom he is appointed to act...
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12-17-28
Section 12-17-28 Writs of certiorari to district and municipal courts. Judges of circuit courts
may grant writs of certiorari directed to judges of district and municipal courts in all cases
where appeals lie from such courts to the circuit court. (Acts 1915, No. 821, p. 941; Code
1923, §6711; Code 1940, T. 13, §184.)...
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