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Alabama Code (Last Updated: November 28, 2014) |
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Title12 COURTS. |
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Chapter17. CIRCUIT AND DISTRICT COURT PERSONNEL. |
| Article 1. General Provisions. |
| § 12-17-2. Court personnel included in state employee personnel system; establishment of job descriptions, rates of compensation, etc., applicable to court personnel. |
| § 12-17-3. Reimbursement of employees for expenses incurred at locations other than principal court site. |
| § 12-17-4. State assumption of retirement and other employee benefits. |
| Article 2. Circuit Court Judges. |
| Division 1. General Provisions. |
| § 12-17-20. Number of judges in each circuit. |
| § 12-17-21. Judgeships to be numbered in circuits with more than one judge; candidates to designate judgeship for which they are candidate. |
| § 12-17-22. Residence. |
| § 12-17-23. Presiding judges - How selected. |
| § 12-17-24. Presiding judges - Supervision of judges and other court personnel. |
| § 12-17-24.1. Family court divisions; implementation plan. |
| § 12-17-24.2. Jurisdiction of Family Court Division. |
| § 12-17-25. Appointment of relief judges to assist in clearing dockets. |
| § 12-17-26. Authority and duties generally. |
| § 12-17-27. Authority of judge outside own circuit. |
| § 12-17-28. Writs of certiorari to district and municipal courts. |
| § 12-17-29. Absence of judge adjourns court. |
| § 12-17-30. Salary; effect on other provisions; judges and district attorney's supplements. |
| Division 2. Supernumerary Circuit Judges. |
| § 12-17-40. Continuation of laws concerning duties, benefits, etc.; election of supernumerary status. |
| Article 3. District Court Judges. |
| § 12-17-60. Boundaries of districts for election of judges. |
| § 12-17-61. Number of judges in each district; manner of election of judges generally. |
| § 12-17-62. Numbering and designation of positions on ballots in districts in which more than one judge elected. |
| § 12-17-63. Qualifications. |
| § 12-17-64. Residence. |
| § 12-17-65. Term of office. |
| § 12-17-66. Commissioned judges. |
| § 12-17-67. Filling of vacancies. |
| § 12-17-68. Compensation. |
| § 12-17-69. Primary duty to serve districts for which elected. |
| § 12-17-70. Designation of judge to handle domestic relations, divorce, etc., cases in districts having more than one judge. |
| Article 4. Circuit Clerks and Registers. |
| Division 1. General Provisions. |
| § 12-17-80. Circuit clerks, registers, and employees in offices thereof to be paid by state. |
| § 12-17-81. Annual salary. |
| § 12-17-81.1. Prior service credit. |
| Division 2. Clerks. |
| § 12-17-90. Offices; vacancies. |
| § 12-17-91. Bond. |
| § 12-17-92. Compensation of circuit clerks. |
| § 12-17-93. Authority. |
| § 12-17-94. Duties generally. |
| § 12-17-95. When sheriff's commissions to be collected. |
| § 12-17-96. Duty of clerk when convict indicted; convict not to be released until bail given. |
| § 12-17-97. Duty to pay over money to successor. |
| § 12-17-98. Deputy clerk for Bessemer division of tenth judicial circuit. |
| § 12-17-99. Supplemental salary for elected deputy circuit clerks. |
| Division 3. Registers. |
| § 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. |
| § 12-17-111. Bond. |
| § 12-17-112. Compensation of registers and employees in office of register. |
| § 12-17-113. Place of office. |
| § 12-17-114. Duties generally. |
| § 12-17-115. Pleadings to be endorsed with date of filing. |
| § 12-17-116. Injunctions. |
| § 12-17-117. General direct and reverse indexes. |
| § 12-17-118. Recopying of records. |
| § 12-17-119. Records open to examination. |
| § 12-17-120. Payment of money to successor. |
| § 12-17-121. Punishment for contempt. |
| § 12-17-122. Failure of register or commissioner to made deed of land. |
| Division 4. Supernumerary Clerks and Registers. |
| § 12-17-140. Qualifications for supernumerary status generally; applicability of division; eligibility of clerk or register of circuit court with 23 years of service. |
| § 12-17-141. Oath; vacancies in office of clerk or register in counties where supernumerary holds commission. |
| § 12-17-142. Term of office; compensation; surviving spouse benefits; applicability. |
| § 12-17-143. Establishment of supernumerary fund; contributions thereto. |
| § 12-17-144. Prior service credit. |
| § 12-17-145. Officials covered by division; notification procedure; post-election contribution transfer; post-transfer credits and contributions. |
| § 12-17-146. Return of contributions to other plans. |
| § 12-17-147. Return of contributions upon termination of service. |
| Article 5. District Court Clerks. |
| § 12-17-160. Clerk of circuit court ex officio clerk of district court. |
| § 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. |
| § 12-17-162. District court clerk employees component of office of clerk. |
| Article 6. District Attorneys. |
| Division 1. General Provisions. |
| § 12-17-180. When elected; term of office. |
| § 12-17-181. Filling of vacancies. |
| § 12-17-182. Compensation. |
| § 12-17-183. Residence; vacation of office for nonresidency. |
| § 12-17-184. Powers and duties generally. |
| § 12-17-185. Duty to attend court. |
| § 12-17-186. Appointment of attorney to act for district attorney when office vacant, district attorney disqualified, etc. |
| § 12-17-187. Failure to collect amounts due to county from public officers. |
| § 12-17-188. Suspension from office - Indictment pending. |
| § 12-17-189. Suspension from office - Appointment and compensation of district attorney pro tem. |
| § 12-17-190. Suspension from office - When order of suspension set aside. |
| § 12-17-191. Allowance for attendance outside home county. |
| § 12-17-192. Additional allowance in circuits having four or more counties. |
| § 12-17-193. Fees of district attorneys to be paid into State Treasury. |
| § 12-17-194. Commencing prosecution on own affidavit. |
| § 12-17-195. Assistant district attorneys representing defendants charged with criminal offenses. |
| § 12-17-196. Restrictions on law partners defending criminal cases. |
| § 12-17-197. District attorney's fund. |
| § 12-17-198. Appointment, number and compensation of assistant district attorneys. |
| § 12-17-199. Entitlement of elected assistant district attorneys to entitlements in article. |
| Division 1A. District Attorneys' Spouses Fund. |
| § 12-17-201. Creation and establishment of fund; source of fund. |
| § 12-17-202. Administration; disbursement. |
| § 12-17-203. Eligibility. |
| § 12-17-204. Coverage; contributions; participation. |
| § 12-17-205. Credit for prior service. |
| § 12-17-206. Benefits. |
| § 12-17-207. Termination of service prior to assumption of supernumerary status. |
| Division 2. Supernumerary District Attorneys. |
| § 12-17-210. Qualifications for supernumerary status - Elected district attorneys generally. |
| § 12-17-211. Qualifications for supernumerary status - Fifteen years of service and not less than 70 years of age. |
| § 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. |
| § 12-17-214. Issuance of commission; filling of vacancies in office of district attorney. |
| § 12-17-215. Compensation; term of office; impeachment. |
| § 12-17-216. Oath of office; powers and duties. |
| Division 3. Assistants, Investigators, and Other Personnel; Budget Procedures. |
| § 12-17-220.1. Appointment of investigators by district attorney of any judicial circuit. |
| § 12-17-222. Applicability of division to deputy district attorney of Bessemer cutoff of tenth judicial circuit. |
| § 12-17-223. Construction of division. |
| § 12-17-224. Special services division; worthless check unit; guidelines for processing worthless check complaints; fees and restitution; collection and distribution. |
| Division 4. Restitution Recovery Division. |
| § 12-17-225. Purpose. |
| § 12-17-225.1. District attorneys authorized to establish division. |
| § 12-17-225.2. Court or clerk of court to notify district attorney when payments to state or victim are in default. |
| § 12-17-225.3. District attorney authorized to take lawful steps to require compliance. |
| § 12-17-225.4. Collection fee. |
| § 12-17-225.5. Amnesty period. |
| § 12-17-225.6. Costs, bail bond forfeitures, restitution, and other court-ordered charges considered civil judgement. |
| § 12-17-225.7. Contracting with private collection agency allowed. |
| § 12-17-225.8. Provisions of division are supplemental. |
| § 12-17-225.9. Local legislation to supersede division. |
| Division 5. Pretrial Diversion Program. |
| § 12-17-226. Definitions. |
| § 12-17-226.1. Authorization to establish program; discretionary powers; supervision and control; intervention plans. |
| § 12-17-226.2. Applicants for admittance. |
| § 12-17-226.3. Standards for admission. |
| § 12-17-226.4. Admission into program. |
| § 12-17-226.5. Program requirements; counsel; costs. |
| § 12-17-226.6. Acceptance into program; termination from program; completion of program; Restorative Justice Initiative; violations of terms or conditions. |
| § 12-17-226.7. Time for application. |
| § 12-17-226.8. Fees. |
| § 12-17-226.9. Treatment programs; drug testing. |
| § 12-17-226.10. Written agreement; other terms and conditions. |
| § 12-17-226.11. Disposition of funds. |
| § 12-17-226.12. Violations; waiver. |
| § 12-17-226.13. Liability of district attorney, staff, officers, etc. |
| § 12-17-226.14. Funding of program. |
| § 12-17-226.15. Advisory board. |
| § 12-17-226.16. Utilization of community programs and drug court programs; election to opt into this division. |
| § 12-17-226.17. Pretrial diversion offender database. |
| § 12-17-226.18. Ability to pay fees or costs. |
| Article 7. Office of Prosecution Services. |
| § 12-17-230. Established; purpose. |
| § 12-17-231. Executive director and staff not subject to merit system but eligible for state retirement benefits. |
| § 12-17-232. Appointment, tenure, compensation and duties of executive director. |
| § 12-17-233. Funding; annual audit. |
| § 12-17-233.1. Transfers of budget excesses. |
| § 12-17-234. Restriction on powers of office. |
| Article 8. District Court Administrative Agency, Magistrates, and SupernumeraryMagistrates. |
| Division 1. District Court Administrative Agency and Magistrates. |
| § 12-17-250. District court administrative agency created; powers and duties thereof; persons deemed officials of agency; judicial powers thereof generally. |
| § 12-17-251. Magistrates deemed chief officers of agency; appointment and powers of magistrates. |
| § 12-17-252. Supreme Court to provide rules of administration for agency. |
| § 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. |
| Division 2. Supernumerary Magistrates. |
| § 12-17-260. Who may become supernumerary magistrate. |
| § 12-17-261. Filing of written declaration; issuance of commission. |
| § 12-17-262. Term of office; salary. |
| § 12-17-264. Prior service credit. |
| § 12-17-265. Benefit to surviving spouse of supernumerary magistrate. |
| Article 9. Court Reporters. |
| Division 1. General Provisions. |
| § 12-17-270. Appointment; qualifications; term of office; removal. |
| § 12-17-271. Existing positions continued; authorization of additional positions by Administrative Director of Courts. |
| § 12-17-272. Special roving reporters. |
| § 12-17-273. Oath. |
| § 12-17-274. Compensation; minimum state salary; cost-of-living increase. |
| § 12-17-275. Duties. |
| § 12-17-276. Transcript fees. |
| § 12-17-277. Fee for court reporter taxed as costs in cases utilizing reporter. |
| Division 2. Supernumerary Circuit Court Reporters. |
| § 12-17-290. Qualifications for becoming supernumerary reporter. |
| § 12-17-291. Oath, powers and duties of supernumeraries. |
| § 12-17-292. Term; compensation. |
| § 12-17-293. Appropriation for salaries. |
| Article 10. Bailiffs. |
| § 12-17-310. Existing positions continued; authorization of additional positions by Administrative Director of Courts. |
| § 12-17-311. Number and compensation. |
| Article 11. Referees. |
| § 12-17-330. Appointment; qualifications. |
| Article 12. Secretaries. |
| § 12-17-340. Judicial secretaries. |
| § 12-17-341. Secretaries for clerks. |