Code of Alabama - Title 12: Courts - Chapter 17 - Circuit and District Court Personnel

• Article 1 General Provisions.
• Section 12-17-1 County court personnel serving district and circuit courts to become employees of state; court personnel subject to benefits and regulations of merit and retirement systems; settlement of disputes regarding which persons are court personnel
  (a) County personnel. - All full-time county personnel, including all persons for whom funding is provided by the unified judicial budget, serving the district and...
• Section 12-17-2 Court personnel included in state employee personnel system; establishment of job descriptions, rates of compensation, etc., applicable to court personnel
  Except as otherwise provided by law, all court personnel shall be included in the state employee personnel system; provided, that job descriptions, regulations, rates of...
• Section 12-17-3 Reimbursement of employees for expenses incurred at locations other than principal court site
  Court employees, including, but not limited to, active and supernumerary court reporters, clerks, registers and persons employed in those offices, shall be reimbursed by the...
• Section 12-17-4 State assumption of retirement and other employee benefits
  (a) Retirement. - Employees of the circuit and district court, hereinafter "eligible employees," shall, on the date they join or joined the state personnel system,...
• Section 12-17-5 Judicial immunity of magistrates and clerks of the circuit and district courts under certain conditions
  In the performance of any duties provided for by Sections 12-17-94(a) and 12-17-251(c), every magistrate and clerk of the circuit and district courts of this...
• Article 2 Circuit Court Judges.
• Division 1 General Provisions.
• 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...
• Section 12-17-31
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 12-17-21 Judgeships to be numbered in circuits with more than one judge; candidates to designate judgeship for which they are candidate
  In judicial circuits with more than one circuit judge, each judgeship shall be numbered. Candidates for the office of circuit judge in such circuits in...
• Section 12-17-22 Residence
  Each circuit judge must have resided in the circuit for which he is elected or appointed for at least 12 months preceding his election or...
• Section 12-17-23 Presiding judges - How selected
  The presiding judge of a circuit shall be elected by a majority vote of circuit judges in the circuit. In the event of the failure...
• Section 12-17-24 Presiding judges - Supervision of judges and other court personnel
  The presiding circuit judge shall exercise a general supervision of the judges, clerks, registers, court reporters, bailiffs, sheriffs and other court employees of the circuit...
• Section 12-17-24.1 Family court divisions; implementation plan
  (a) Except as provided in subsection (c), the presiding circuit judge of any judicial circuit may establish by means of a written order, a family...
• Section 12-17-24.2 Jurisdiction of Family Court Division
  (a) The Family Court Division of the Circuit Court of the 37th Judicial Circuit shall handle all cases and proceedings involving divorces, annulments of marriages,...
• Section 12-17-25 Appointment of relief judges to assist in clearing dockets
  Any judge shall, whenever he deems it necessary, call on the Chief Justice of the Supreme Court to assign one or more judges to relieve...
• Section 12-17-26 Authority and duties generally
  Circuit judges have the following authority and duties: (1) To grant stays of proceedings and writs of certiorari, quo warranto, mandamus and all other remedial...
• Section 12-17-27 Authority of judge outside own circuit
  Whenever a circuit judge has jurisdiction of any case, it shall not be necessary for him to be in the judicial circuit in which the...
• Section 12-17-28 Writs of certiorari to district and municipal courts
  Judges of circuit courts may grant writs of certiorari directed to judges of district and municipal courts in all cases where appeals lie from such...
• Section 12-17-29 Absence of judge adjourns court
  When any circuit judge fails to attend, the court stands adjourned from day to day until the judge or another circuit or special judge appears...
• Section 12-17-30 Salary; effect on other provisions; judges and district attorney's supplements
  (a) Circuit judges shall receive an annual state salary in the amount of $34,000 commencing October 1, 1979. (b) The provisions of this section shall...
• Division 2 Supernumerary Circuit Judges.
• Section 12-17-40 Continuation of laws concerning duties, benefits, etc.; election of supernumerary status
  (a) All laws dealing with the eligibility of judges of the circuit court to assume duties and obligations, and to claim and receive benefits, as...
• Article 3 District Court Judges.
• Section 12-17-60 Boundaries of districts for election of judges
  District court boundaries, for the purpose of election of district court judges, shall be coterminous with county boundaries unless otherwise provided in Section 12-17-61; provided,...
• Section 12-17-61 Number of judges in each district; manner of election of judges generally
  Each county shall constitute a district and shall have one resident district judge, except that: (1) Baldwin, Lee, Etowah, Russell, Talladega, Tuscaloosa, Walker, Houston, Dale,...
• Section 12-17-62 Numbering and designation of positions on ballots in districts in which more than one judge elected
  In districts with more than one district judge, each position shall be numbered and designated on primary and general election ballots.
• Section 12-17-63 Qualifications
  Candidates seeking to be elected as a district court judge shall be licensed to practice law in this state and shall file all necessary documents...
• Section 12-17-64 Residence
  Each district judge must have resided in the district from which he is elected, appointed or commissioned for at least 12 months preceding his election...
• Section 12-17-65 Term of office
  Each district judge, except for judges filling positions pursuant to Section 12-17-66, shall be elected for a term of six years by the qualified voters...
• Section 12-17-66 Commissioned judges
  (a) Notwithstanding the number of judges authorized for each district by Section 12-17-61, additional district judges may be commissioned in any district where the number...
• Section 12-17-67 Filling of vacancies
  (a) In the event that a vacancy occurs in the judicial office of the district court, until such vacancy has been filled by appointment as...
• Section 12-17-68 Compensation
  Each district judge shall be compensated by the state at a salary in the amount established by the judicial compensation commission or by the legislature...
• Section 12-17-69 Primary duty to serve districts for which elected
  Judges shall have a primary duty to serve the district to which they are elected.
• Section 12-17-70 Designation of judge to handle domestic relations, divorce, etc., cases in districts having more than one judge
  In those districts having more than one district court judge, the presiding circuit court judge may designate from time to time a district court judge,...
• Article 4 Circuit Clerks and Registers.
• Division 1 General Provisions.
• Section 12-17-80 Circuit clerks, registers, and employees in offices thereof to be paid by state
  Clerks and registers of the circuit court shall be paid by the state. The deputy circuit clerk serving the Bessemer cut-off division of the tenth...
• Section 12-17-81 Annual salary
  (a) For the purposes of this section, the following terms shall have the following meanings: (1) ANNIVERSARY DATE. Annually, the first Monday after the second...
• Section 12-17-81.1 Prior service credit
  Notwithstanding any other provision of law, for the purpose of determining the salary of any circuit clerk pursuant to Section 12-17-81, years of service under...
• Division 2 Clerks.
• Section 12-17-90 Offices; vacancies
  The offices of the circuit clerks shall be at the courthouses of their respective counties. Vacancies in such an office shall be filled in accordance...
• Section 12-17-91 Bond
  The official bond of the clerk of the circuit court shall in no case be less than $5,000.00.
• Section 12-17-92 Compensation of circuit clerks
  Each circuit clerk shall be compensated by the state at a salary established by law; provided, however, that any supplemental salary now provided to circuit...
• Section 12-17-93 Authority
  Clerks of the circuit court have authority: (1) To administer oaths and take acknowledgments and affidavits in all cases in which the authority to administer...
• Section 12-17-94 Duties generally
  (a) The duties of the clerks of the circuit court include all of the following: (1) To sign and issue all summons, subpoenas, writs, executions,...
• Section 12-17-95 When sheriff's commissions to be collected
  When any clerk receives payment of a judgment, he shall collect the costs and commissions of the sheriff, if execution has issued on such judgment.
• Section 12-17-96 Duty of clerk when convict indicted; convict not to be released until bail given
  The clerk of any circuit court shall, without delay, certify a copy of any indictment in his court against a convict sentenced to the penitentiary...
• Section 12-17-97 Duty to pay over money to successor
  Any clerk of the circuit court, having in his hands, at the expiration of his term of office, any money held by him, subject to...
• Section 12-17-98 Deputy clerk for Bessemer division of tenth judicial circuit
  At the general election held on the first Tuesday after the first Monday in November, 1982, and every six years thereafter, there shall be elected...
• Section 12-17-99 Supplemental salary for elected deputy circuit clerks
  In addition to any salary paid by the state, each elected deputy circuit clerk shall be paid a supplemental salary from the county at a...
• Division 3 Registers.
• Section 12-17-110 Office of register not to be filled when vacancy occurs; reappointment of registers holding office on October 10, 1975; removal of registers
  (a) Vacancies. - When the position of register in any circuit court becomes vacant upon the death, resignation, retirement or inability of the incumbent to...
• Section 12-17-111 Bond
  (a) The official bond of the register of the circuit court shall in no case be less than $5,000.00. (b) The circuit judge, whenever the...
• Section 12-17-112 Compensation of registers and employees in office of register
  (a) Each register shall be compensated by the state beginning January 16, 1977. Employees in the office of a register shall be compensated by the...
• Section 12-17-113 Place of office
  The register shall keep his office at the place at which the court of which he is register is held.
• Section 12-17-114 Duties generally
  (a) It is the duty of the register, within his respective county: (1) To administer oaths in all cases; to issue all processes from the...
• Section 12-17-115 Pleadings to be endorsed with date of filing
  All answers and other papers filed in any case must be endorsed by the register with the true date on which they were filed.
• Section 12-17-116 Injunctions
  The register has no authority to grant or dissolve injunctions.
• Section 12-17-117 General direct and reverse indexes
  Registers shall keep general direct and reverse indexes of all record books in their offices, which must always be in good, substantial and well-bound books;...
• Section 12-17-118 Recopying of records
  The register, deeming it necessary to recopy any books in his office in order to secure their contents from damage or loss, shall submit the...
• Section 12-17-119 Records open to examination
  The records of the register's office shall be free for the examination of all persons when not in use by him.
• Section 12-17-120 Payment of money to successor
  The register, having in his hands at the expiration of his official term any money held by him subject to the further order or judgment...
• Section 12-17-121 Punishment for contempt
  The register, or the clerk if there is no register, when holding a reference by order of the circuit court or when presiding on a...
• Section 12-17-122 Failure of register or commissioner to made deed of land
  Repealed by Acts 1977, No. 607, p. 812, §9901, as amended, effective January 1, 1980.
• Division 4 Supernumerary Clerks and Registers.
• Section 12-17-140 Qualifications for supernumerary status generally; applicability of division; eligibility of clerk or register of circuit court with 23 years of service
  (a) Any clerk or register of the circuit court, serving on October 1, 1976, or clerk elected or appointed in any county of the State...
• Section 12-17-141 Oath; vacancies in office of clerk or register in counties where supernumerary holds commission
  (a) Such supernumerary clerk or register of the circuit court in the various counties of the State of Alabama shall take the oath of office...
• Section 12-17-142 Term of office; compensation; surviving spouse benefits; applicability
  (a) Every supernumerary official shall serve for life and shall receive an annual salary in an amount equal to 75 percent of the state salary...
• Section 12-17-143 Establishment of supernumerary fund; contributions thereto
  Officials electing to come under the provisions of this article shall contribute to the Clerks' and Registers' Supernumerary Fund of the State of Alabama, which...
• 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...
• Section 12-17-145 Officials covered by division; notification procedure; post-election contribution transfer; post-transfer credits and contributions
  (a) Any clerk or register of the circuit court shall be subject to the terms of this division unless he or she notifies the Administrative...
• Section 12-17-146 Return of contributions to other plans
  (a) All contributions of circuit clerks or registers heretofore made to county or state supernumerary or retirement funds shall be refunded to the contributor if...
• Section 12-17-147 Return of contributions upon termination of service
  Should the service of the circuit clerk or register be terminated for any reason other than death prior to the time he is entitled to...
• Article 5 District Court Clerks.
• Section 12-17-160 Clerk of circuit court ex officio clerk of district court
  Except as otherwise provided in this article, the clerk of the circuit court shall be ex officio clerk of the district court within the circuit...
• Section 12-17-161 Separate office of clerk of district court may be established; appointment and removal of clerk; abolition of separate office; participation in supernumerary fund
  (a) Authority and responsibility for the operation of a separate clerk's office for the district court of a county may be authorized by the Supreme...
• Section 12-17-162 District court clerk employees component of office of clerk
  Clerical employees serving the district court in any location shall be a component of the office of the clerk of the circuit court for the...
• Article 6 District Attorneys.
• Division 1 General Provisions.
• Section 12-17-180 When elected; term of office
  At the general election held on the first Tuesday after the first Monday in November, 1980, and every six years thereafter, there shall be elected...
• Section 12-17-181 Filling of vacancies
  Vacancies in the office of district attorney are filled by the Governor, the appointee to hold during the unexpired term and until his successor is...
• Section 12-17-182 Compensation
  The district attorneys for each judicial circuit in the state shall be paid by the state an annual salary of an amount equal to $1,000.00...
• Section 12-17-183 Residence; vacation of office for nonresidency
  Every district attorney must have resided in the circuit for which he is elected or appointed for at least 12 months preceding his election or...
• Section 12-17-184 Powers and duties generally
  It is the duty of every district attorney and assistant district attorney, within the circuit, county, or other territory for which he or she is...
• Section 12-17-185 Duty to attend court
  (a) It is the duty of every district attorney to attend each session of the court for which he is district attorney and to remain...
• 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...
• Section 12-17-187 Failure to collect amounts due to county from public officers
  Repealed by Acts 1977, No. 607, p. 812, § 9901, as amended, effective January 1, 1980.
• Section 12-17-188 Suspension from office - Indictment pending
  When it shall be made known to any court that an indictment is pending therein against the person who is acting as district attorney of...
• Section 12-17-189 Suspension from office - Appointment and compensation of district attorney pro tem
  When any district attorney is suspended, the court shall appoint a district attorney pro tem, who shall perform the duties of the office of district...
• Section 12-17-190 Suspension from office - When order of suspension set aside
  When it shall be known to the court that there is no indictment pending in the court in which such indictment was found or in...
• Section 12-17-191 Allowance for attendance outside home county
  District attorneys in judicial circuits of more than one county shall receive the sum of $1,000.00 per annum, payable monthly from the treasury, said additional...
• Section 12-17-192 Additional allowance in circuits having four or more counties
  In addition to the expenses now allowed by law to district attorneys pursuant to Section 12-17-191, there shall be paid to district attorneys in all...
• Section 12-17-193 Fees of district attorneys to be paid into State Treasury
  All fees which may be by law taxed as district attorneys' fees against defendants on convictions belong to the state and, when collected, shall be...
• Section 12-17-194 Commencing prosecution on own affidavit
  Any district attorney who commences a prosecution for any criminal offense by his own affidavit, except for an offense against his person or property or...
• Section 12-17-195 Assistant district attorneys representing defendants charged with criminal offenses
  Any assistant district attorney who acts as attorney for, represents or defends any defendant charged with a criminal offense of any kind or character in...
• Section 12-17-196 Restrictions on law partners defending criminal cases
  Any law partner or partners of any district attorney or assistant district attorney of this state who defend criminal cases of any character, kind or...
• Section 12-17-197 District attorney's fund
  (a) This section shall be effective in those judicial circuits of Alabama now or hereafter created where there is no local, general or special law...
• Section 12-17-198 Appointment, number and compensation of assistant district attorneys
  (a) The district attorney may appoint full-time or part-time assistant district attorneys to perform prosecutorial duties in the district or circuit courts within the circuit...
• Section 12-17-199 Entitlement of elected assistant district attorneys to entitlements in article
  All laws to the contrary notwithstanding, any elected assistant district attorney in this state is hereby entitled to all entitlements enumerated in this article.
• Division 1A District Attorneys' Spouses Fund.
• Section 12-17-201 Creation and establishment of fund; source of fund
  Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
• Section 12-17-202 Administration; disbursement
  Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
• Section 12-17-203 Eligibility
  Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
• Section 12-17-204 Coverage; contributions; participation
  Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
• Section 12-17-205 Credit for prior service
  Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
• Section 12-17-206 Benefits
  Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
• Section 12-17-207 Termination of service prior to assumption of supernumerary status
  Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000..
• Division 2 Supernumerary District Attorneys.
• Section 12-17-210 Qualifications for supernumerary status - Elected district attorneys generally
  (a) Any district attorney, former district attorney or former circuit solicitor of this state: (1) Who has served continuously for 15 years as district attorney,...
• Section 12-17-211 Qualifications for supernumerary status - Fifteen years of service and not less than 70 years of age
  Any district attorney of this state who has served continuously for 15 years as district attorney and who is not less than 70 years of...
• Section 12-17-212 Qualifications for supernumerary status - Twelve years service and total disability; 25 years continuous service; 20 years service as judge and district attorney, etc
  Any district attorney or other like prosecuting officer by whatever name designated of this state who has served continuously for as much as 12 years...
• Section 12-17-213 Qualifications for supernumerary status - Sixty years of age and 18 years of service as district attorney, judge, county solicitor, etc., with minimum of 10 years service as district attorney; 18 years of service as district attorney, judge, county solicitor, etc., with minimum of 15 1/2 years service as district attorney
  (a) Any person now serving or having formerly served as a district attorney of a judicial circuit of Alabama, who has served for not less...
• Section 12-17-214 Issuance of commission; filling of vacancies in office of district attorney
  If the Governor shall find that any such declarant is qualified as set forth in this article, a commission as supernumerary district attorney for the...
• Section 12-17-215 Compensation; term of office; impeachment
  (a) The salary of each supernumerary district attorney shall be an amount equal to $500.00 less than the salary paid by the state to supernumerary...
• Section 12-17-216 Oath of office; powers and duties
  Supernumerary district attorneys shall take the oath of office prescribed by the constitution for judicial officers and shall have and exercise all the duties, power...
• Section 12-17-217
  Any person occupying the office of supernumerary district attorney shall not represent any client, other than the State of Alabama, himself or herself, or an...
• Division 3 Assistants, Investigators, and Other Personnel; Budget Procedures.
• Section 12-17-220 Powers of district attorneys as to employment, compensation, etc., of assistants, investigators, etc., to serve at district attorney's pleasure; such employees not covered by State Merit System Act; supplementation of state expenditures, etc., by counties
  (a) The district attorney of each judicial circuit is hereby authorized to employ, in any manner as he or she shall determine necessary, assistant district...
• Section 12-17-220.1 Appointment of investigators by district attorney of any judicial circuit
  (a) Unless otherwise provided by local law, the district attorney of any judicial circuit in this state may appoint a chief investigator and, from time...
• Section 12-17-221 Submission to Office of Prosecution Services by district attorneys of estimates of amounts needed for personnel and office expenses for fiscal year; form and contents thereof; submission to Legislature by Office of Prosecution Services of unified budget request for funding of offices of district attorneys
  (a) Each district attorney shall submit to the Office of Prosecution Services 60 days prior to each general session of the State Legislature a written...
• Section 12-17-222 Applicability of division to deputy district attorney of Bessemer cutoff of tenth judicial circuit
  The elected deputy district attorney of the tenth judicial circuit (the Bessemer cutoff) shall be, for the purpose of this division, considered a district attorney.
• Section 12-17-223 Construction of division
  The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict herewith.
• Section 12-17-224 Special services division; worthless check unit; guidelines for processing worthless check complaints; fees and restitution; collection and distribution
  (a) Each district attorney may establish a special services division which shall be under the direction and control of the district attorney, and shall be...
• Division 4 Restitution Recovery Division.
• Section 12-17-225 Purpose
  It is the purpose of this legislation to ensure that court-ordered restitution to crime victims, victim compensation assessments, bail bond forfeitures, court costs required by...
• Section 12-17-225.1 District attorneys authorized to establish division
  Any law to the contrary notwithstanding, each district attorney may establish a special division designated the "restitution recovery division" for the administration, collection, and enforcement...
• Section 12-17-225.2 Court or clerk of court to notify district attorney when payments to state or victim are in default
  The court or the clerk of the court shall notify the district attorney in writing when any bail bond forfeitures, court costs, fines, penalty payments,...
• Section 12-17-225.3 District attorney authorized to take lawful steps to require compliance
  After notification as provided in Section 12-17-225.2, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments,...
• Section 12-17-225.4 Collection fee
  After a matter has been transferred to a district attorney under Section 12-17-225.2, a court shall assess a collection fee of 30 percent of the...
• Section 12-17-225.5 Amnesty period
  There shall be an amnesty period of 60 days after August 7, 1995 during which any person may voluntarily pay in full any duly assessed...
• Section 12-17-225.6 Costs, bail bond forfeitures, restitution, and other court-ordered charges considered civil judgement
  In addition to the provisions of this division, all court costs, fines, victim compensation assessments, bail bond forfeitures, and restitution, and other court-ordered charges, including...
• Section 12-17-225.7 Contracting with private collection agency allowed
  Any district attorney and the Administrative Office of Courts in this state shall be allowed to contract with a private collection agency under the same...
• Section 12-17-225.8 Provisions of division are supplemental
  The provisions of this division are supplemental to any procedures for the enforcement and collection of any court-ordered sums or forfeitures. The provisions of this...
• Section 12-17-225.9 Local legislation to supersede division
  Any county which currently has local legislation pertaining to restitution recovery shall supersede this division.
• Division 5 Pretrial Diversion Program.
• Section 12-17-226 Definitions
  For purposes of this division, the following terms shall have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as a...
• Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and control; intervention plans
  (a) The district attorney of any judicial circuit of this state may establish a pretrial diversion program within that judicial circuit or any county within...
• Section 12-17-226.2 Applicants for admittance
  (a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit court or district court in a circuit...
• Section 12-17-226.3 Standards for admission
  (a) In determining whether an offender may be admitted into a pretrial diversion program established under this division, it shall be appropriate for the district...
• Section 12-17-226.4 Admission into program
  (a) Notwithstanding current law, admittance into the pretrial diversion program shall be in the discretion of the district attorney. To assist the district attorney in...
• Section 12-17-226.5 Program requirements; counsel; costs
  (a) An offender who enters into a pretrial diversion program established under this division shall be brought before a court of competent jurisdiction and shall...
• Section 12-17-226.6 Acceptance into program; termination from program; completion of program; Restorative Justice Initiative; violations of terms or conditions
  (a) An offender who enters into a pretrial diversion program established under this division may satisfy any of the following requirements: (1) Provide a statement...
• Section 12-17-226.7 Time for application
  An offender shall make application to a pretrial diversion program established under this division at a time to be determined by the district attorney, but...
• Section 12-17-226.8 Fees
  (a) An offender may be assessed an administration fee when he or she is approved for a pretrial diversion program established under this division. The...
• Section 12-17-226.9 Treatment programs; drug testing
  The district attorney and the offender may enter into an agreement, as a part of a pretrial diversion program established under this division, that the...
• Section 12-17-226.10 Written agreement; other terms and conditions
  (a) In any case in which an offender is admitted into a pretrial diversion program established under this division, there shall be a written agreement...
• Section 12-17-226.11 Disposition of funds
  (a) All remaining administration fees shall be allocated to the district attorney's office. At the discretion of the district attorney, all administration fees paid by...
• Section 12-17-226.12 Violations; waiver
  (a)(1) If the offender violates the conditions of a pretrial diversion program established under this division, and the offender's participation is terminated, as an alternative...
• Section 12-17-226.13 Liability of district attorney, staff, officers, etc
  (a) Absent wantonness, negligence, or intentional misconduct, the district attorney or his or her staff shall have no liability, criminal or civil, for the conduct...
• Section 12-17-226.14 Funding of program
  A pretrial diversion program established under this division may apply for grants, may accept donations from individuals or corporations, and may receive funding or appropriations...
• Section 12-17-226.15 Advisory board
  If a district attorney establishes a pretrial diversion program under this division, the district attorney may form an advisory board within the county or judicial...
• Section 12-17-226.16 Utilization of community programs and drug court programs; election to opt into this division
  (a) A district attorney, to the extent practicable, may enter into an agreement with a community correction entity, to utilize the services of existing community...
• Section 12-17-226.17 Pretrial diversion offender database
  (a) The Office of Prosecution Services shall develop and maintain a pretrial diversion offender database. Any existing or newly created pretrial diversion program, regardless of...
• Section 12-17-226.18 Ability to pay fees or costs
  Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation,...
• Division 6 District Attorneys'Plan for Retirement.
• Section 12-17-227 (Effective November 8, 2016, subject to contingencies) Definitions
  When used in this division, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum...
• Section 12-17-227.1 (Effective November 8, 2016, subject to contingencies) District Attorneys' Plan established
  There is hereby created and established the District Attorneys' Plan under the Judicial Retirement Fund.
• Section 12-17-227.2 (Effective November 8, 2016, subject to contingencies) Scope and applicaton of plan; contributions
  (a) Every district attorney first elected or appointed to his or her position on or after November 8, 2016 shall come under this division by...
• Section 12-17-227.3 (Effective November 8, 2016, subject to contingencies) Transfer of membership service and accumulated contributions
  (a) Any active and contributing member of the District Attorneys' Plan who, not more than one year prior to becoming a member of the plan...
• Section 12-17-227.4 (Effective November 8, 2016, subject to contingencies) Service retirement allowance
  (a) Any member who withdraws from service upon or after attainment of age 62 may retire upon written application to the Board of Control setting...
• Section 12-17-227.5 (Effective November 8, 2016, subject to contingencies) Disability retirement allowance
  (a) Upon application of an active and contributing member, any such member who has 10 or more years of membership service who becomes disabled may...
• Section 12-17-227.6 (Effective November 8, 2016, subject to contingencies) Payments from plan; optional allowances; replacement beneficiaries
  (a) Should a member cease to be a district attorney except by death or by retirement under the provisions of this division, the contributions standing...
• Section 12-17-227.7 (Effective November 8, 2016, subject to contingencies) Cancellation of survivor allowance
  Any member of the plan who is retired and who has selected a survivor option may cancel the survivor allowance payable to his or her...
• Section 12-17-227.8 (Effective November 8, 2016, subject to contingencies) Withholdings from retirement pay
  (a) Any member who, at the time of his or her retirement is a member of and holds a policy in any state group hospitalization...
• Section 12-17-227.9 (Effective November 8, 2016, subject to contingencies) Management and supervision of plan; rulemaking authority
  The District Attorneys' Plan shall be under the management and supervision of the Employees' Retirement System as a component of the Judicial Retirement Fund, with...
• Section 12-17-227.10 (Effective November 8, 2016, subject to contingencies) Legislation to include costs
  All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.
• Section 12-17-227.11 (Effective November 8, 2016, subject to contingencies) Supernumerary program; participation election
  (a) A person serving as district attorney, supernumerary district attorney, or who has made an election to assume the office of supernumerary district attorney or...
• Section 12-17-227.12 (Effective November 8, 2016, subject to contingencies) Fraud; correction of errors
  (a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this plan...
• Section 12-17-227.13 (Effective November 8, 2016, subject to contingencies) Exemption from taxes; assignability
  The right of a person to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity or retirement allowance...
• Section 12-17-227.14 (Effective November 8, 2016, subject to contingencies) Admissibility of evidence
  Official copies of records or documents maintained on microfilm, microfiche or other photo-reproductive material of archival quality by the Employees' Retirement System shall be admissible...
• Section 12-17-227.15 (Effective November 8, 2016, subject to contingencies) Relation to other laws
  No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any...
• Section 12-17-227.16 (Effective November 8, 2016, subject to contingencies) Compliance with qualification standards
  The Board of Control is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to...
• Article 7 Office of Prosecution Services.
• Section 12-17-230 Established; purpose
  (a) The Office of Prosecution Services is hereby established. (b) It shall be the purpose of the Office of Prosecution Services to assist the prosecuting...
• Section 12-17-231 Executive director and staff not subject to merit system but eligible for state retirement benefits
  There shall be an executive director of the Office of Prosecution Services and whatever staff is necessary to carry out the purpose of this office....
• Section 12-17-232 Appointment, tenure, compensation and duties of executive director
  The Executive Committee of the Alabama District Attorneys Association shall appoint the executive director, shall fix the conditions of employment and tenure in office, and...
• Section 12-17-233 Funding; annual audit
  It is the intention of the Legislature that the Office of Prosecution Services be funded from the several district attorney or solicitor funds of all...
• Section 12-17-233.1 Transfers of budget excesses
  For the purposes of Section 41-19-10, the Office of Prosecution Services is considered within the same program as the offices of district attorneys. Upon approval...
• Section 12-17-234 Restriction on powers of office
  Anything in this article to the contrary notwithstanding, the Office of Prosecution Services may not exercise any power, supervisory or otherwise, undertake any duty or...
• Section 12-17-235 Domestic violence resource prosecutor
  (a) There shall be created the position of a domestic violence resource prosecutor at the Office of Prosecution Services to be fully funded through the...
• Article 8 District Court Administrative Agency, Magistrates, and SupernumeraryMagistrates.
• Division 1 District Court Administrative Agency and Magistrates.
• Section 12-17-250 District court administrative agency created; powers and duties thereof; persons deemed officials of agency; judicial powers thereof generally
  The district court shall have under its supervision a district court administrative agency empowered to provide expeditious service in connection with administrative adjudication of minor...
• Section 12-17-251 Magistrates deemed chief officers of agency; appointment and powers of magistrates
  (a) The magistrates shall be considered the chief officers of such administrative agency, subject to the administrative direction of the clerk of the district court....
• Section 12-17-252 Supreme Court to provide rules of administration for agency
  The Supreme Court shall provide rules of administration for such administrative agency, including the bonding of all officials who will be handling money.
• Section 12-17-253 Election by inferior court judges whose positions abolished by Constitution to become magistrates for duration of unexpired terms as judges; salaries of such judges
  In the event that there exists within the State of Alabama a judge of a court inferior to the circuit court in any county, municipal...
• Division 2 Supernumerary Magistrates.
• Section 12-17-260 Who may become supernumerary magistrate
  If there exists within the State of Alabama judges or former judges of a court inferior to the circuit court in any county, municipal judges...
• Section 12-17-261 Filing of written declaration; issuance of commission
  Any former magistrate who is qualified to become a supernumerary magistrate under any of the provisions of this article may elect to become a supernumerary...
• Section 12-17-262 Term of office; salary
  Every such supernumerary magistrate shall serve for life and receive in equal monthly installments on the first of each month an annual salary to be...
• Section 12-17-263 Notice to Administrative Director of Courts of intention to become supernumerary magistrate; payment of percentage of salary earned as judge or magistrate; oath of office; appointment of supernumerary magistrate to fill vacancy
  A former magistrate electing to come under the provisions of this article shall notify the Administrative Director of Courts in writing of his intention to...
• Section 12-17-264 Prior service credit
  Prior service credit may be obtained by any former magistrate who is entitled to take advantage of this article for years served in his individual...
• Section 12-17-265 Benefit to surviving spouse of supernumerary magistrate
  In the event of the death of any supernumerary magistrate in whose favor a monthly retirement allowance is accruing, his spouse shall be entitled to...
• Article 9 Court Reporters.
• Division 1 General Provisions.
• Section 12-17-270 Appointment; qualifications; term of office; removal
  Each of the judges of the circuit courts of this state shall appoint a competent person to perform the duties of official court reporter of...
• Section 12-17-271 Existing positions continued; authorization of additional positions by Administrative Director of Courts
  Positions for court reporters existing on October 10, 1975, shall continue as provided by law. Additional positions for court reporters in the circuit and district...
• Section 12-17-272 Special roving reporters
  Special roving reporters may be appointed and serve at the pleasure of the Administrative Director of Courts on either a part-time or full-time basis and...
• Section 12-17-273 Oath
  Before any official court reporter, special reporter or roving reporter shall enter upon the duties of his office, he must subscribe to an oath to...
• Section 12-17-274 Compensation; cost-of-living and merit increases
  (a) An official court reporter shall be paid a salary by the state in an amount as shall be established by law, to be paid...
• Section 12-17-275 Duties
  The official court reporter shall attend in person, except as otherwise herein provided, the sessions of court held in the circuit for which he is...
• Section 12-17-276 Transcript fees
  Notwithstanding any statutes existing on October 10, 1975, which prescribe fees to be paid to court reporters for producing transcripts of their stenographic notes, the...
• Section 12-17-277 Fee for court reporter taxed as costs in cases utilizing reporter
  In all cases reported by an official court reporter or special reporter, there shall be taxed, as part of the costs of the case, a...
• Division 2 Supernumerary Circuit Court Reporters.
• Section 12-17-290 Qualifications for becoming supernumerary reporter
  While in service as an official circuit court reporter of the State of Alabama, any such reporter who is not a participating member of the...
• Section 12-17-291 Oath, powers and duties of supernumeraries
  Such supernumerary circuit court reporter shall take the oath of office prescribed by the Constitution for judicial officers and shall have and exercise all the...
• Section 12-17-292 Term; compensation
  (a) Every supernumerary court reporter shall serve for life and receive annually a salary equal to 50 percent of the state salary payable to the...
• Section 12-17-293 Appropriation for salaries
  There is appropriated out of any funds in the State Treasury not otherwise appropriated such sum or sums as may be necessary to pay the...
• Article 10 Bailiffs.
• Section 12-17-310 Existing positions continued; authorization of additional positions by Administrative Director of Courts
  Positions for bailiffs existing on October 10, 1975, shall continue as provided by law. Additional positions for bailiffs in the circuit and district court may...
• Section 12-17-311 Number and compensation
  The number of bailiffs and the rate of compensation for each bailiff shall be established and fixed by the Administrative Director of Courts upon recommendation...
• Article 11 Referees.
• Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations
  (a) 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...
• Article 12 Secretaries.
• Section 12-17-340 Judicial secretaries
  (a) Classified positions of secretaries existing under local government merit systems. Classified positions of secretaries existing under local government merit systems in those circuits having...
• Section 12-17-341 Secretaries for clerks
  (a) Positions authorized and existing on June 1, 1975. Each circuit clerk who is authorized the position of confidential or private secretary as of June...

Last modified: May 3, 2021