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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
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17-13-84
Section 17-13-84 Filing statements of contests; depositions; costs; service of process; contempt.
Upon the filing of any contest of nomination, the chair of the executive committee with which
the contest is filed shall file a statement in the office of the clerk of the circuit court
of the county where the contestant resides of the fact that such a contest has been filed,
giving the names of the parties thereto, the nomination contested and the day set for hearing.
After such statement is filed, the clerk of the circuit court shall issue such subpoenas for
witnesses and orders for production of documents and shall issue commissions for the taking
of testimony by deposition as required by either party, each party to the contest being responsible
for costs incurred by him or her for the summoning and attendance of witnesses on his or her
behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall
be the duty of the sheriff to serve all process issued by...
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12-16-35
Section 12-16-35 Disqualification of member and appointment of successor; filling of vacancies
generally. (a) Should any member of the commission become disqualified under the provisions
of this article, the fact of such disqualification and the ground or reason therefor shall
be certified to the Governor by the judge of the circuit court for the county; and, when so
certified, the office of the member of the commission shall become vacant and the Governor
shall appoint his successor to fill out the unexpired term. (b) In case of any vacancy from
any other cause in the office of a member of the commission, the Governor shall appoint a
member to fill such vacancy who shall hold office for the unexpired term. (Acts 1939, No.
59, p. 86; Code 1940, T. 30, ยง14.)...
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12-17-144
Section 12-17-144 Prior service credit. (a) Prior service credit may be obtained by a clerk
or register in office on October 1, 1976, for years served in the individual capacity of clerk
or register on a continuous basis. Prior service credit must either be for time served as
clerk or as register without allowance for service as both clerk and register; provided, that
prior service credit for each individual position may not be combined. A person seeking to
qualify as supernumerary clerk shall count only time served as clerk, and one seeking to qualify
as supernumerary register shall count only time served as register. Prior service credit may
also be obtained by a clerk or register for any years served in the capacity of probate judge,
provided such service as probate judge was continuous. If any person subject to the provisions
of this division shall seek to obtain prior service as either clerk or register, he shall
contribute to the Clerks' and Registers' Supernumerary Fund, State...
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17-6-33
Section 17-6-33 Designation of different offices of same classification. Whenever nominations
for two or more offices of the same classification are to be made, or whenever candidates
are to be elected to two or more offices of the same classification at the same primary, general,
special, or municipal election, each office shall be separately designated by number on the
official ballot as "Place No. 1," "Place No. 2," "Place No. 3"
and so forth; and the candidates for each place shall be separately nominated or elected,
as the case may be. Each candidate for nomination for such office shall designate in the announcement
of his or her candidacy and in his or her request to have his or her name placed on the official
primary ballot the number of the place for which he or she desires to become a candidate.
The name of each qualified candidate shall be printed on the official ballot used at any such
election beneath the title of the office and the number of the place for which he or she...
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12-19-26
Section 12-19-26 Administrative fee for periodic payments; payment to General Fund; notice
of fee. (a) There is hereby imposed an administrative fee of $1.00 to be collected by the
clerks of the circuit and district courts and the registers of the circuit courts for the
receipt and disbursement of each periodic payment made to their offices under any order, decree
or judgment of the circuit or district court which provides for periodic and continuing payments
of alimony, child support, or court-ordered restitution, except for payments received from
a responding state pursuant to Sections 30-4-80 through 30-4-98. Said fee shall be collected
from the individual responsible for the periodic payments at the time each payment is receipted
through the office of the clerk or register, whether such payment is collected for the benefit
of a private individual or the state, including any department or agency thereof and whether
the duty to collect such payments is imposed upon the clerk or...
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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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12-13-16
Section 12-13-16 Preparation, etc., by probate judge, register, etc., of papers, documents,
etc., to be heard, etc., by such judge or register. No probate judge or his clerk or any register
shall prepare or assist in the preparation of any paper, document or instrument which is to
be heard or determined by such judge or register or which may become a subject of controversy
before such judge or register, but such judge or his clerk may prepare or assist in the preparation
of acknowledgments and proof of conveyances, affidavits, oath, affirmations or any instrument
which by law is required to be prepared by such judge. Any probate judge or his clerk or any
register who shall prepare or assist in the preparation of any paper, document or instrument
in violation of this section shall be guilty of a misdemeanor and shall forfeit the sum of
$300.00, one third to the use of the state and two thirds to the use of any person who may
institute a civil action for the same; provided further, that...
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12-18-81
Section 12-18-81 Right of election of probate judges holding office on or after December 27,
1973, to come under provisions of Article 1 of chapter; filing of instrument as to election
with Clerk of Supreme Court, county commission and Secretary-Treasurer of State Employees'
Retirement System; applicability of provisions of Article 1 of chapter to probate judges elected
or appointed to office after October 1, 1976; state and local governing bodies authorized
to pick up member contributions to retirement fund. Each probate judge holding office in the
several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall
have a right to elect to come under the provisions of Article 1 of this chapter in accordance
with the provisions of this article. Each such probate judge who elects to come under the
provisions of article 1 of this chapter shall, prior to the first Monday after the second
Tuesday in January, 1977, file with the Clerk of the Supreme Court of...
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17-16-65
Section 17-16-65 Tried by joint convention of House and Senate. The two houses of the Legislature,
in joint convention assembled, and presided over by the Speaker of the House of Representatives,
shall constitute the tribunal for the trial of all contests for the office of Governor, Secretary
of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries,
justices of the Supreme Court, or judges of the courts of appeals and such joint convention
shall fix a day for the trial, which may be adjourned from day to day, and from time to time,
as may be determined by the joint convention. A majority of the joint convention shall be
competent to try all issues involved in the contest and render judgment on all questions arising
during the progress of the trial, including a final judgment on the contest. The proceedings
of the joint convention, as well as all judgments rendered, shall be entered upon the journals
of the Senate and the House of Representatives, and...
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