Code of Alabama

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45-45-82.51
Section 45-45-82.51 Legislative findings. The Legislature hereby finds and declares the following:
(1) The Madison County Judicial System faces a severe crisis. The Twenty-third Judicial Circuit
has the highest caseload in Alabama. The number of criminal cases has doubled during the last
five years, resulting in a backlog of almost 4,500 cases, including approximately 18 capital
murder cases. Some defendants have been awaiting trial for almost five years. The caseload
facing prosecutors is staggering. Individual drug crime prosecutors are assigned in excess
of 500 cases and it is not uncommon for each prosecutor to prepare to try 60 cases on a single
week's docket. The sheer number of criminal defendants is so large that judges cannot bring
them all into the courtroom without violating an order of the Madison County Fire Marshal.
(2) While faced with these virtually insurmountable problems, the state budget for fiscal
year 2004 has required the system to bear cuts so draconian that the...
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45-29-80
Section 45-29-80 Supplemental salaries of circuit judges and district attorney. The governing
bodies of the counties composing the Twenty-fourth Judicial Circuit are hereby authorized,
empowered, and directed to pay to each circuit judge and the district attorney of such circuit
a supplemental salary in the amount of 15 percent of their respective compensation paid by
the state. The payment of such amount shall be proportioned equally among the counties comprising
the Twenty-fourth Judicial Circuit and shall be paid in equal monthly installments out of
the general fund or any other funds as may be available for such purpose. Such salary shall
be in addition to any other salary, compensation, allowances, or expenses heretofore provided
by law. (Acts 1976, No. 671, p. 922, §1; Act 81-746, p. 1274, §1.)...
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45-45-81.02
Section 45-45-81.02 Circuit court clerk - Ex-officio Clerk of the Madison County Court. The
office of Clerk of the Madison County Court and clerk of any court successor to the jurisdiction
of the Madison County Court is hereby abolished. The Clerk of the Circuit Court, Twenty-third
Judicial Circuit shall be ex-officio Clerk of the Madison County Court or of any court succeeding
to the jurisdiction of the Madison County Court. As such ex-officio clerk, the clerk shall
have the same powers and discharge the same duties as devolve upon the Clerk of the Madison
County Court. These duties and powers shall be exercised and discharged in addition to those
duties and powers heretofore or hereafter provided for circuit court clerks. As such ex-officio
clerk of the county court or the successor to its jurisdiction, the clerk shall collect and
lawfully disperse all fees heretofore or hereafter provided by law to be collected and dispersed
by county court clerks or by the Clerk of the Madison...
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45-45-83.48
Section 45-45-83.48 Individual agreement between offender and district attorney. (a) In any
case in which an offender is admitted into a PTIP there shall be a written agreement between
the district attorney and the offender. The agreement shall include the terms of the intervention
program, the length of the program, and the period of time after which the district attorney
will dispose of the charges against the offender in a noncriminal manner or what charges the
defendant shall plead guilty to and the sentence the offender shall receive. In all cases
where as part of the PTIP the offender agrees to plead guilty to a particular offense and
receive a specific sentence which shall be approved by an appropriate circuit or district
judge of the Twenty-third Judicial Circuit prior to admission to the PTIP. (b) As a condition
of being admitted to the PTIP the district attorney may require the offender to agree to any
of the following terms or conditions: (1) Attend school including, but not...
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45-29-82.62
Section 45-29-82.62 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Twenty-fourth Judicial Circuit may apply to the District Attorney of the Twenty-fourth Judicial
Circuit for admittance to the pretrial diversion program. A person charged with any of the
following offenses may apply for the program: (1) A drug offense, as provided in Section 12-23-5.
(2) A property offense, including, but not limited to, theft in any degree and burglary in
any degree. (3) An offense wherein the victim did not receive serious physical injury. (4)
An offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than a traffic or conservation
offense. (b) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Any Class A felony. (2) Any offense...
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45-32-81
Section 45-32-81 Expense allowance. The District Attorney of the Seventeenth Judicial Circuit
shall receive, in addition to any other compensation heretofore provided by law, an expense
allowance of one hundred fifty dollars ($150) per month from each of the counties comprising
the judicial circuit. The expense allowance shall be paid from the solicitor's fund of the
Seventeenth Judicial Circuit, the child support enforcement fund of the Seventeenth Judicial
Circuit, or any other funds available at the discretion of the district attorney which are
not county commission funds or state funds. (Act 82-205, p. 241, §1.)...
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45-29-82.40
Section 45-29-82.40 Fees; requisitions. (a) All fees which may be by law taxed as district
attorneys' fees against defendants on convictions hereafter imposed and collected by the circuit
court in the Twenty-fourth Judicial Circuit of Alabama shall be periodically deposited by
the clerk, or other proper custodian of funds so taxed in the court, in any bank in the county
where the fees are imposed, provided that such bank be an approved depository of the public
funds of such county, to be used and expended as provided in subsection (b). (b) The District
Attorney of the Twenty-fourth Judicial Circuit is hereby authorized to requisition expenditures
against the fund for the payment of all and any expenses necessarily incurred in the discharge
of the duties of his or her office, in promoting its welfare, and for the enforcement of law
in the circuit. No requisition shall be made on the fund of any county of the circuit not
sharing in the benefits flowing from such expenditures. (Acts 1956,...
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45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement.
The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery
Unit of the Special Services Division. The district attorney, after electing to establish
the unit, shall assign sufficient staff and resources to effectively operate the unit. The
recovery unit shall be created for the purpose of the administration, collection, and enforcement
of court costs, fines, fines for failure to appear in court, victim compensation assessments,
bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding,
quasi-criminal, or any other court proceeding by any court including, but not limited to,
municipal courts, district courts, and circuit courts payable to the state, the county, to
any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any
court order or judgment entered which has not been otherwise...
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45-29-81
Section 45-29-81 Public defender fund. (a) There is established in the Twenty-fourth Judicial
Circuit a public defender fund for the payment of salaries and operating expenses of the indigent
defense system within the Twenty-fourth Judicial Circuit to be administered in accordance
with Article 1, commencing with Section 15-12-1, of Title 15. Upon May 4, 1982, the governing
body of each county composing the circuit may establish a public defender fund to be administered
by the clerk of the county commission of that respective county to receive and disburse funds
paid therein in accordance with this section. (b) In order to provide funds for the indigent
defense system within the Twenty-fourth Judicial Circuit, the following docket fees shall
be collected by the circuit court clerk in each county in addition to the docket fees that
are presently provided by law and when collected by the clerk of the court shall be paid into
the public defender fund. The additional docket fees shall be...
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12-17-20
Section 12-17-20 Number of judges in each circuit. (a) Except as otherwise provided in this
section, each judicial circuit of the state shall have one resident circuit judge. (b) In
the following judicial circuits, there shall be the number of resident circuit judges listed
below: (1) There shall be two circuit judges in the first judicial circuit. The judge occupying
judgeship No. 1 shall be the presiding judge. (2) There shall be three circuit judges in the
fourth judicial circuit. (3) There shall be three circuit judges in the fifth judicial circuit.
(4) There shall be six circuit judges in the sixth judicial circuit. (5) There shall be five
circuit judges in the seventh judicial circuit. (6) There shall be three circuit judges in
the eighth judicial circuit. (7) There shall be three circuit judges in the ninth judicial
circuit. (8) There shall be 27 circuit judges in the tenth judicial circuit. The judge occupying
judgeship No. 23 shall serve the Birmingham domestic relations...
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