31-2A-51
Section 31-2A-51 (Article 51.) Voting and rulings. (a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. (b) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in Section 31-2A-52 (Article 52), beginning with the junior in...
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31-2A-16
Section 31-2A-16 (Article 16.) Courts-martial classified. The three kinds of courts-martial in the state military forces are: (1) General courts-martial, consisting of either of the following: a. A military judge and not less than five members. b. Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves. (2) Special courts-martial, consisting of either of the following: a. A military judge and not less than three members. b. Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph b. of subdivision (1) so requests. (3) Summary courts-martial, consisting of one commissioned officer. (Act 2012-334, p. 790, §1.)...
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31-2-99
Section 31-2-99 Courts-martial for members of National Guard - Employment of court reporter. The employment of a reporter may be authorized by the convening authorities for any general or special court-martial. When a reporter is employed, he shall be paid upon the certificate of the judge advocate and upon the approval of the Governor from the regular military appropriations such fees as are provided by law for an official reporter. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §135; Acts 1973, No. 1038, p. 1572, §100.)...
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31-2A-57a
Section 31-2A-57a (Article 57a.) Deferment of sentences. (a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person's sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned. (b)(1) In any case in which a court-martial sentences an accused referred to in subdivision (2) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the...
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31-2A-54
Section 31-2A-54 (Article 54.) Record of trial. (a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his or her death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of his or her death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection. (b)(1) A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction. (2) In all other court-martial cases, the record shall contain such matters as...
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31-2A-47
Section 31-2A-47 (Article 47.) Refusal to appear or testify. (a) Any person not subject to this code who does all of the following may be punished by the military court in the same manner as a criminal court of the state: (1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court. (2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state. (3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce. (b) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses. (c) At the request of the military judge or the convening authority and upon...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification may be referred to a general court-martial for trial until the completion of a preliminary hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary hearing shall be limited to the following: (1) Determining whether there is probable cause to believe an offense has been committed and the accused committed the offense. (2) Determining whether the convening authority has court-martial jurisdiction over the offense and the accused. (3) Considering the form of charges. (4) Recommending the disposition that should be made of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing officer who satisfies all of the following: (1) The hearing officer shall be an impartial judge advocate whenever practicable or, in exceptional circumstances in which the interests of justice warrant, an impartial hearing officer who is not a judge...
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31-2A-70
Section 31-2A-70 (Article 70.) Appellate counsel. (a) The senior judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in Section 31-2A-67 (Article 67) and before any federal court when requested to do so by the state Attorney General. (b) Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court. (c) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority. (d) Upon the request of an accused entitled to be so represented, the regional defense counsel shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c). (e) An accused may be represented by civilian appellate counsel at no expense to the state. (Act 2012-334, p. 790, §1.)...
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12-9A-1
Section 12-9A-1 Creation and composition; duties. (a) A permanent study commission on the judicial resources in Alabama is hereby created and shall be known as the Judicial Resources Allocation Commission. The commission shall be composed of the following members: (1) The Chief Justice of the Supreme Court of Alabama, who shall serve as chair. (2) The legal advisor to the Governor of Alabama. (3) The Alabama Attorney General. (4) Three incumbent circuit judges appointed by the President of the Circuit Judges Association, one of whom shall be from the most populous circuit. One member shall be appointed for three years, one member shall be appointed for four years, and one member shall be appointed for five years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for five-year terms. Any member so appointed shall serve only so long as the member remains an incumbent circuit judge. (5) Three incumbent district judges...
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15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures, etc.; notice of board action. (a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole, remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged. (c) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her...
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