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12-18-55
Section 12-18-55 Eligibility for retirement of district judges; right of election of former
county court judges, district attorneys or assistant district attorneys serving as circuit
judges on January 16, 1977, to come under provisions of Article 1 of chapter; filing of notice
of election with Clerk of Supreme Court by same. (a) Any district judge shall be eligible
for retirement and may elect to be retired pursuant to this article if he: (1) Has served
as much as five years as a district judge or judge of a county court immediately prior to
retirement and has become permanently, physically, or mentally unable to carry out his duties
on a full-time basis, proof of such disability being made by certificate of three reputable
physicians; (2) Has served for 12 years as a district judge or judge of a county court and
has reached or passed the age of 65 years; (3) Has served for 15 years as a district judge
or judge of a county court and is not less than 62 years of age or has served as...
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45-40-80.02
Section 45-40-80.02 Supplemental retirement benefit. (a) The circuit and district court judges
of the Thirty-sixth Judicial Circuit who are holding office on May 29, 1984, shall have six
months from May 29, 1984, to make an election, in writing, with the county commission of the
county comprising the circuit to come within this section. Each circuit and district court
judge appointed or elected to office in the Thirty-sixth Judicial Circuit after May 29, 1984,
shall come under this section as a matter of law. (b) Each circuit and district court judge
coming under this section shall contribute annually to the county treasury of the county comprising
the Thirty-sixth Judicial Circuit six percent of his or her annual salary supplement derived
from the county. Such percentage shall be payable in equal monthly installments and shall
be deducted by the county treasurer from the judge's salary supplement and credited to an
individual account of the judge from whose salary supplement it was...
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11-41-2
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering
and notice of election; contest of election. (a) Upon the filing of the verified application
with the judge of probate, the judge of probate shall give notice of the filing of the application
by publication in one or more newspapers published in the county, if there are any, that an
application to the judge of probate has been submitted and that the judge of probate will
determine if the application complies with Section 11-41-1, and that further notice will be
given for the filing of any objections. (b) The judge of probate shall have a reasonable period
of time, not to exceed 45 days, within which to ascertain compliance with Section 11-41-1.
If the judge of probate determines that the application does not comply with Section 11-41-1,
the judge of probate shall enter an order to that effect, which order shall be sent in accordance
with the Alabama Rules of Civil Procedure. The order shall...
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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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11-81-86
Section 11-81-86 Board of canvassers. The clerk of the circuit court, the probate judge and
the sheriff of the county in which an election is being held under this article shall constitute
a board to canvass the returns and declare the results of such election, and they shall meet
at the courthouse of the county in which the election is to be held on the Saturday following
the holding of said election and canvass the returns and declare the result of said election,
and in case either of the three should be absent, the two present shall act. (Acts 1927, No.
478, p. 534; Code 1940, T. 12, §98.)...
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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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12-11A-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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12-17-186
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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12-19-70
Section 12-19-70 Circuit and district court docket fee - Creation; collection; waiver and taxation
as costs at conclusion of case; findings; notice. (a) There shall be a consolidated civil
filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed
in circuit court or in district court. (b) The docket fee may be waived initially and taxed
as costs at the conclusion of the case if the court finds that payment of the fee will constitute
a substantial hardship pursuant to the income guidelines provided in paragraphs a. and b.
of subdivision (4) of Section 15-12-1. A verified statement of substantial hardship, signed
by the party claiming hardship, shall be filed with the clerk of court. The accompanying pleading
shall be considered filed on the date that the verified statement of substantial hardship
is filed with the court. If, within 90 days of the filing, the court makes a written finding
that the party claiming hardship has the resources to pay the...
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6-6-43
Section 6-6-43 By whom issued. In the first and second cases mentioned in Section 6-6-41, an
attachment may be issued by any judge of the circuit court, returnable to any county in the
state, or by the clerk of the circuit court, judge of probate or any district court judge,
within their respective counties; in the third and fourth cases, only by a judge of the circuit
court or judge of probate, returnable to any county. (Code 1852, §2505; Code 1867, §2929;
Code 1876, §3254; Code 1886, §2931; Code 1896, §526; Code 1907, §2926; Code 1923, §6174;
Code 1940, T. 7, §847.)...
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