31-2-102
Section 31-2-102 Courts-martial for members of National Guard - Payment of expenses. All expenses incurred in court-martial proceedings, including the payment of a reporter, sheriff's fees for service of complaints, warrants, summons, and subpoenas, witness fees, and the payment of officers and the judge advocate of the court, shall be paid out of the regular military appropriations by warrant on the Comptroller, with the approval of the Governor. Sheriffs' fees and witness fees in court-martial proceedings shall be allowed in the same amounts as are allowed in criminal cases in the civilian courts of this state. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §134; Acts 1973, No. 1038, p. 1572, §103.)...
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29-5A-64
Section 29-5A-64 Governing Council; Alabama Law Institute Council. (a) The Governing Council of the Alabama Law Institute Council is continued in existence as the Alabama Law Institute Council. (b) The council shall be composed of ex officio, appointed, and elected members, as follows: (1) One Justice of the Supreme Court of Alabama, selected by the Justices thereof. (2) One circuit court judge, selected by the Association of Circuit Court Judges. (3) The Attorney General of the State of Alabama, or his or her designee. (4) The legal advisor to the Governor of Alabama, or his or her designee. (5) The Chairs of the Judiciary Committees of the Senate and House of Representatives. (6) The President of the Alabama State Bar. (7) The Secretary of the Alabama State Bar. (8) The chair of the Junior Bar Section of the Alabama State Bar. (9) The attorney members of the Legislative Council of Alabama. (10) Not less than three nor more than six attorney members appointed by the Governor of...
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31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies to all members of the state military forces at all times and in all places, except it does not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C. (b) Subject matter jurisdiction is established if a clear and convincing nexus exists between an offense, either military or non-military, and the state military force. When a member is in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption exists that the nexus is established. A proper civilian court has primary jurisdiction of an offense when an act or omission violates both this code and civilian criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Courts-martial shall have primary jurisdiction over all...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare center, a licensed childcare facility, or any other childcare service that is exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable person should know or recognize its location or its address has been provided to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United States territory, a conviction in a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed...
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12-11A-2
Section 12-11A-2 Qualifications; requirements. (a) Persons who may act as private judges shall: (1) Have been, but are not actively serving as, a judge of a district, circuit, or probate court and have served in the capacity of judge for at least six consecutive years. (2) Be admitted to the practice of law in Alabama. (3) Be an active member in good standing of the Alabama State Bar Association. (4) Be a resident of Alabama. (b) A person may act as a judge of a case under this chapter only if all of the following occur: (1) All parties to the action file a written petition with the circuit clerk of the court in which the action is pending requesting a private judge and naming the person whom the parties wish to have as private judge. The petition shall be accompanied by a form signed by the private judge selected consenting to the appointment. (2) The case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction. (3) The case...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney. c. The public defender or a member of the criminal defense bar. d. The drug court coordinator. e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for placement in a treatment program which shall be performed in accordance with criteria certified by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance abuse education and treatment designed to meet...
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17-6-25
Section 17-6-25 Order of listing of candidates on ballots. The names of candidates for each office shall be listed on the ballot in alphabetical order by surname, and the offices shall be listed in the following order: (1) President (if preference primary). (2) Governor. (3) Lieutenant Governor. (4) United States Senator. (5) United States Representative. (6) Attorney General. (7) State Senator. (8) State Representative. (9) Supreme Court Justice. (10) Court of Civil Appeals Judge. (11) Court of Criminal Appeals Judge. (12) Secretary of State. (13) State Treasurer. (14) State Auditor. (15) Commissioner of Agriculture and Industries. (16) Public Service Commissioner. (17) State Board of Education Member. (18) Circuit Court Judge. (19) District Attorney. (20) District Court Judge. (21) Circuit Clerk. (22) Other public officers (to be listed in the order prescribed by the judge of probate). (23) Delegate to national convention. (24) Other party officers (to be listed in the order...
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17-7-22
Section 17-7-22 Electronic Voting Committee. There is hereby created the Alabama Electronic Voting Committee which shall consist of five members. The committee shall consist of a representative appointed by the Secretary of State, a representative appointed by the Attorney General, and one judge of probate who shall be recommended by the Alabama Probate Judges Association and appointed by the Chief Justice of the Supreme Court and shall serve without pay or reimbursement for expenses. Additionally, one member from the House of Representatives and one member from the Senate, to be appointed by the presiding officer of each house who shall be entitled to his or her regular legislative compensation, his or her per diem and travel expenses for each day he or she attends a meeting of the committee which shall be paid out of any funds appropriated to the use of the Legislature, upon warrants drawn on the state Comptroller upon requisitions signed by the committee's chair; provided, however,...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be filed by the director of a state mental health facility or his designee at least 30 days prior to the expiration of the current commitment order. The petition, together with a copy of the original commitment order and copies of any subsequent renewal commitment orders, shall be filed with the probate court of the county where the facility is located. The petition shall explain in detail why renewal of the order is being requested, and shall further explain in detail why less restrictive conditions of treatment are not appropriate. (b) Such probate court may consider, hear, and enter appropriate orders pursuant to this section or may request that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become necessary that a special judge of probate be provided to hear and...
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31-2A-71
Section 31-2A-71 (Article 71.) Execution of sentence; suspension of sentence. (a) If the sentence of the court-martial extends to dismissal or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law of the State of Alabama. (b) If the sentence of the court-martial extends to dismissal or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending to dismissal or a bad-conduct discharge may not be executed until...
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