26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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12-22-76
Section 12-22-76 Execution by lower courts for unpaid costs. Clerks of the circuit court and
probate judges, when cases have been taken from their respective courts to an appellate court
by appeal or other lawful mode and been there decided, if the costs accruing in such lower
courts for transcripts, or otherwise, are not paid by the parties against whom they were adjudged
in the appellate court, may issue executions for costs, returnable into the court in which
such costs accrued. (Code 1867, §3511; Code 1876, §3952; Code 1886, §3639; Code 1896, §456;
Code 1907, §2854; Code 1923, §6113; Code 1940, T. 7, §752.)...
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12-9A-8
Section 12-9A-8 Assignment of circuit or district judges by presiding circuit judge. (a) A
presiding circuit judge, by order, may assign a circuit or district court judge who is within
the circuit to serve within the circuit or within the district courts of the circuit. Before
assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including
the currency, congestion, and backlog of criminal and civil cases. (b) Assignments of judges
by the presiding circuit judge shall be in writing and shall be sent to the assigned judge
as soon as practicable. The presiding judge or the judge's designee may notify the assigned
judge orally of the assignment. An oral notification of an assignment is sufficient until
a written notification can be prepared and delivered to the assigned judge. A copy of each
written assignment shall be filed with the Administrative Director of Courts and in the office
of the clerk or register of the court to which the assignment is made....
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36-11-1
Section 36-11-1 Persons subject to impeachment and removal from office; grounds for impeachment
generally. (a) The following officers may be impeached and removed from office: judges of
circuit and probate courts, district attorneys, judges of the courts of appeals, district
judges, sheriffs, clerks of the circuit courts, tax collectors, tax assessors, county treasurers,
coroners, notaries public, constables and all other state officers not named in Section 173
of the constitution and all other county officers and mayors and intendants of incorporated
cities and towns in this state. (b) The officers specified in subsection (a) of this section
may be impeached and removed from office for the following causes: (1) Willful neglect of
duty; (2) Corruption in office; (3) Incompetency; (4) Intemperance in the use of intoxicating
liquors or narcotics to such an extent in view of the dignity of the office and importance
of its duties as unfits the officer for the discharge of such duties; or...
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36-4-3
Section 36-4-3 Filing of oaths of probate judges. Judges of probate must file their official
oaths in the office of the clerk of the circuit court of their respective counties. (Code
1852, §113; Code 1867, §152; Code 1876, §158; Code 1886, §252; Code 1896, §3065; Code
1907, §1478; Code 1923, §2590; Code 1940, T. 41, §23.)...
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36-4-4
Section 36-4-4 Filing of oaths of judges of inferior courts and other officers whose general
duties confined to counties. Judges of other inferior courts and all other officers whose
general duties are confined to a single county must, unless otherwise provided, file such
oath and certificate in the office of the judge of probate of their respective counties. (Code
1852, §114; Code 1867, §153; Code 1876, §159; Code 1886, §253; Code 1896, §3066; Code
1907, §1479; Code 1923, §2591; Code 1940, T. 41, §24.)...
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12-1-18
Section 12-1-18 Reimbursement of travel expenses of circuit judges, district court judges,
municipal judges, court-supportive personnel, etc.; effect of failure to attend educational
conference, seminar, etc., when attendance ordered. (a) Notwithstanding any other provision
of law relating to reimbursement of traveling expenses of public officers and employees, all
circuit judges, district court judges and court-supportive personnel, including, but not limited
to, referees, clerks, registers, official court reporters, special roving court reporters,
special court reporters, bailiffs, magistrates of district courts and employees of clerks'
offices and registers' offices, shall be entitled to be reimbursed their necessary and reasonable
expenses of travel, including, but not limited to, transportation costs, meals, lodging, registration
fees, tuition fees and membership fees, whenever traveling on official business from the town
or city of their office to other locations, regardless of...
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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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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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36-3-2
Section 36-3-2 Terms of judicial officers generally. The Chief Justice of the Supreme Court
and associate justices of said court, the judges of the Court of Civil Appeals and the Court
of Criminal Appeals, circuit judges, judges of probate courts and clerks of the circuit court
and judges of inferior courts, when not otherwise provided for by law, shall hold their respective
offices for the term of six years from the first Monday after the second Tuesday in January
next after their election and until their successors are elected and qualified. (Code 1896,
§3054; Code 1907, §1463; Code 1923, §2567; Code 1940, T. 41, §16.)...
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