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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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45-23-81.42
education, membership fees or dues in legal and judicial organizations, and other actual and
necessary expenses incurred by circuit and district judges in Dale County in promoting legal
and judicial competency. The management of the library is vested in the presiding circuit
judge and all books and other property purchased with funds produced by this subpart shall
be property of Dale County, Alabama. The judge may from time to time, sell or exchange any
books, reports, periodicals, and personal property for use in the library and the judge
may accept gifts for the Dale County Law Library for public use in the library upon terms
and conditions as may be stipulated by the donor or lender thereof and as may be agreeable
to the judge. The presiding circuit judge for the county may hire a librarian or appoint librarians
and assistants as are necessary for the proper operation of the library. The presiding judge
of the circuit shall appoint an advisory committee to the county law...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings
for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of
all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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45-45-31.03
Section 45-45-31.03 Commission created; composition; meetings. There is created a county records
commission consisting of 12 members as follows: The director, or deputy director if designated
by the director, of the State Department of Archives and History; the senior presiding judge
of the Circuit Court of Madison County; the judge of the Probate Court of Madison County,
or if so designated his or her chief deputy; the register in chancery of the Circuit Court
of Madison County; the Clerk of the Circuit Court of Madison County; the clerk auditor of
the Madison County Board of Commissioners; the Tax Assessor of Madison County; the President
of Madison County Historical Society; the head of the department of history or senior professor
of history of the University of Alabama, Huntsville Center; the President of the Twickenham
Town Chapter of the Daughters of the American Revolution; the President of the Madison County
Bar Association; and a deputy examiner, designated by the Director of...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
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30-1-7
Section 30-1-7 Persons authorized to solemnize marriages. (a) Generally. Marriages may be solemnized
by any licensed minister of the gospel in regular communion with the Christian church or society
of which the minister is a member; by an active or retired judge of the Supreme Court, Court
of Criminal Appeals, Court of Civil Appeals, any circuit court, or any district court within
this state; by a judge of any federal court; or by an active or retired judge of probate.
(b) Pastor of religious society; clerk of society to maintain register of marriages; register,
etc., deemed presumptive evidence of fact. Marriage may also be solemnized by the pastor of
any religious society according to the rules ordained or custom established by such society.
The clerk or keeper of the minutes of each society shall keep a register and enter therein
a particular account of all marriages solemnized by the society, which register, or a sworn
copy thereof, is presumptive evidence of the fact. (c) Quakers,...
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12-11A-4
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures. (a) A trial
conducted by a private judge shall be conducted without a jury. (b) A person who serves as
a private judge has, for each case the private judge hears, the same powers as the judge of
a circuit court in relation to the following: (1) Court procedure. (2) Deciding the outcome
of the case. (3) Attendance of witnesses. (4) Punishment of contempt. (5) Enforcement of orders.
(6) Administering oaths. (7) Giving all necessary certificates for the authentication of the
records and proceedings. (c) A person appointed as a private judge pursuant to the terms of
this chapter shall have immunity in the same manner and to the same extent as a judge in the
State of Alabama. (d) All proceedings in an action heard by a private judge are of record
and must be: (1) Filed with the clerk of the circuit court in the county of proper venue under
the Alabama Rules of Civil Procedure. (2) Made available to the...
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45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge of Probate
of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent
from sickness, or otherwise disqualified from acting as judge, the judge of probate or the
chief clerk shall certify the fact of incompetency, incapacity, absence, sickness, or disqualification
to the presiding judge of the circuit court of the county and the presiding judge of the circuit
court, upon that certificate, shall appoint a person learned in the law, practicing and residing
in the county, to act as temporary judge of probate. At any time when the regularly elected
judge of probate of the county files a certificate in the office of the circuit clerk of the
county that he or she is no longer incompetent, from any legal cause, incapacitated, absent,
absent from sickness, or otherwise disqualified from acting as judge, then the regularly elected
judge of probate of the county shall...
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5-25-15
Section 5-25-15 Appeal. (a) Any interested party or intervener may appeal an order of the department
to the Circuit Court of Montgomery County or to the circuit court of the county in which such
party has its principal place of business in Alabama by filing notice of appeal with the department
and with the register or clerk of the circuit court within 30 days from the date of said final
order. The department's findings shall be prima facie correct, but the circuit court may hear
such appeal according to its own rules and procedures, including the taking of additional
testimony and staying the order. In the circuit court, the trial shall be de novo. The court
may, if it decides that the department has erred to the prejudice of appellant's substantial
rights in its application of the law or that the order was based upon findings of fact contrary
to the substantial weight of the evidence, remand the proceeding to the department for further
action in conformity with the direction of the...
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43-2-252
Section 43-2-252 Execution on money decree or judgment. When such decree or judgment is for
the recovery of money and the estate has no executor or administrator, execution shall issue
thereon in favor of the administrator ad litem for the use of the estate, and the money, when
collected, shall be paid by the officer to the judge of the probate court, or to the clerk
or register of the circuit or other court having jurisdiction, from which the execution issued.
The party against whom such decree or judgment is rendered may pay the same to such judge,
clerk or register, before the issue of execution, whose receipt to him therefor shall be a
full discharge of such decree or judgment. (Code 1876, §2626; Code 1886, §2285; Code 1896,
§354; Code 1907, §2820; Code 1923, §6059; Code 1940, T. 61, §167.)...
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