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12-17-253
Section 12-17-253 Election by inferior court judges whose positions abolished by Constitution
to become magistrates for duration of unexpired terms as judges; salaries of such judges.
In the event that there exists within the State of Alabama a judge of a court inferior to
the circuit court in any county, municipal judges excluded, who is not qualified under the
provisions of Amendment 328 to the Constitution of Alabama to continue to be a judge and whose
judgeship is abolished by said Amendment 328 prior to the expiration of his term, then said
judge may elect to automatically become a magistrate under this title for the duration of
his unexpired term as a judge; provided, that such election shall be made in writing prior
to January 1, 1977, and filed with the Secretary of State. The salary of such magistrate,
to be paid by the state, shall be equal to the salary such judge earned as such inferior court
judge on September 1, 1975. (Acts 1975, No. 1205, p. 2384, §4-106.)...
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11-41-4
Section 11-41-4 Certification of election result to probate judge; census enumeration of inhabitants;
issuance, recordation, and filing of order of incorporation; filing fee. Within five days
after the election, the inspectors must certify the result to the judge of probate, who must,
if a majority of the votes cast at the election are for "corporation," cause an
enumeration of the inhabitants residing within such territory to be made by such inspectors
or other persons appointed by him and, within three days after such enumeration has been completed
and returned to him, shall make an order to be entered of record in the minutes of the court
that the inhabitants of such territory are incorporated as a town or city, as the case may
be, by the name and with the boundaries shown by the petition, whereupon such town or city
shall be vested with the rights and powers incident to such corporations granted in this title.
The judge of probate shall file, within 10 days after its issuance, a...
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11-81-84
Section 11-81-84 Conduct of election generally. The probate judge, the circuit clerk, and the
sheriff of the county in which an election is being held under this article, within 10 days
after notice in writing to them of the calling of such election, shall appoint three managers,
two clerks, and one returning officer to conduct the election in each beat or polling place
in the county, and said managers shall all reside in the beats, wards, or precincts where
they are appointed to serve and shall be qualified electors at the date of said election.
The sheriff shall notify the managers and returning officers of their appointments and shall
send out the boxes and ballots to the several beats or voting precincts in the county promptly.
(Acts 1927, No. 478, p. 534; Code 1940, T. 12, §96.)...
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17-16-2.1
Section 17-16-2.1 Reimbursing counties for election expenses - Election Expense Reimbursement
Committee. (a) There is hereby established an Election Expense Reimbursement Committee designated
to identify any election costs not included in Section 17-16-2, which costs shall be included
as a reimbursable election expense under this chapter. The committee shall consist of the
following: (1) The President Pro Tempore of the Alabama Senate. (2) The Speaker of the Alabama
House of Representatives. (3) The Secretary of State or his or her designee. (4) The Director
of Finance or his or her designee. (5) The Chair of the Senate Constitution, Campaign Finance,
Ethics and Election Committee or its successor committee. (6) The Chair of the House Constitution,
Campaign and Elections Committee or its successor committee. (7) The Chair of the Senate Finance
and Taxation General Fund Committee or its successor committee. (8) The Chair of the House
Ways and Means General Fund Committee or its...
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12-14-30
Section 12-14-30 Appointment, terms of office and qualifications; designation, etc., of presiding
judge; filling of vacancies; oath; grounds for disqualification of judges from hearing of
cases; practice of law or receipt of unauthorized remuneration for judicial services by full-time
judges prohibited. (a) The governing body of the municipality shall, by vote of a majority
of its members, appoint judges of the municipal court. (b) The term of office of each full-time
municipal judge shall be for a term of four years. The term of office of a municipal judge
other than a full-time municipal judge shall be two years. The term of either full-time or
part-time municipal judges shall continue until a successor has been appointed and qualified.
(c) In the event that a municipality has more than one judge, the mayor shall designate a
presiding judge, who shall have such additional duties and powers and be entitled to receive
such additional compensation as provided by ordinance. (d) Each...
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12-17-24.1
Section 12-17-24.1 Family court divisions; implementation plan. (a) Except as provided in subsection
(c), the presiding circuit judge of any judicial circuit may establish by means of a written
order, a family court division or divisions of the judicial circuit. The presiding circuit
judge shall assign one or more of the existing circuit or district judges to preside in the
family court division. The circuit or district court judges assigned to the family court division
shall handle all cases and proceedings involving domestic relations, divorces, annulments
of marriage, legal separations, custody and support of children, granting and enforcement
of alimony, proceedings under any uniform interstate support or custody act, and all other
domestic and marital matters over which the circuit courts have jurisdiction, including non-support
cases arising in the circuit court under Chapter 3 and Chapter 4, Title 30, as well as other
matters within the jurisdiction of the juvenile court. In the...
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12-1-14.1
Section 12-1-14.1 Appointment of special judge upon request; temporary service. (a) At the
request of the affected judge in a particular circuit, the presiding circuit court judge of
the circuit may appoint and commission a special circuit court judge, special district court
judge, or special judge of probate for temporary service. The person so appointed shall possess
the qualifications of the judgeship to which he or she is appointed. The special judge shall
qualify by taking the oath of office prescribed in the Constitution of Alabama of 1901. The
appointment shall confer on the special judge all powers, authority, and jurisdiction of the
judgeship to which he or she is appointed. The special judge shall not receive compensation
for his or her services. (b) As used in this section, the term "temporary service"
means not more than 180 consecutive days. A special judge may be reappointed, as needed, for
more than one period of 180 consecutive days. (c) This section is supplemental to...
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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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12-17-330
shall become the order of the circuit court when ratified by the original signature of the
circuit court judge presiding over the case. (h) If a matter before a referee requires immediate
action, the referee shall state in his or her written findings and recommendations why the
recommendations should be effective immediately. These matters for immediate action may include,
but are not limited to, matters of contempt, the physical safety of the child, or the safety
of others, or when the personal liberty of the child may be infringed. In such event,
the written recommendations of the referee shall be effective and binding, upon the consent
of the parties, for a period not exceeding 72 hours. In the event the parties do not consent
to immediate action, the recommendations shall be reviewed immediately by a circuit court
judge, who may order an appropriate temporary order based on the findings and recommendations,
which order will be effective for a period not exceeding 72 hours. In...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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