Title 12 — Title 12

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 offender be admitted to a certified drug or alcohol program on an inpatient or outpatient basis or receive other treatment alter…

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 of all the amounts deducted from the compensation of a member credited to his or her individual …

There is hereby created and established the District Attorneys’ Plan under the Judicial Retirement Fund. History: (Act 2015-498, §18.)

All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation. History: (Act 2015-498, §28.)

(a) An individual serving as district attorney, supernumerary district attorney, or who has made an election to assume the office of supernumerary district attorney or is otherwise entitled to participate in the supernumerary district attorney program established under Division 2…

(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 in any attempt to defraud such plan shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall …

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 itself and any optional benefit or any other right accrued or accruing to any person under this division and the moneys in the fu…

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 as primary evidence in any legal, judicial, or administrative proceeding or action for the …

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 political subdivision thereof for pensions or retirement benefits for employees of the state shall apply to members of the plan established by this divi…

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 members or beneficiaries of the plan as may be necessary to ensure the plan’s compliance with the qualification standards …

(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 operation of law. Each district attorney shall contribute to the fund eight and one-half percent (8.5%) of his or her annual salary. The pe…

(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 was a member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama, may elect to transfer his or her me…

until October 1, 2026.] AMENDED BY ACT 2026-404, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (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 forth at what time, not less …

until October 1, 2026.] AMENDED BY ACT 2026-404, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (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 be retired on a disability …

(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 to the credit of his or her individual account in the fund shall be paid to him or her upon demand and, in addition to the paymen…

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 designated beneficiary. Such election shall be in accordance with the rules and regulations prescribed by the Board of Control …

(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 or health insurance plan, may in writing authorize the Secretary-Treasurer of the state retirement system to withhold from his or her retirement pay a suf…

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 all contributions to the plan deposited and held in the same manner as contributions to the Judicial Retirement Fund…

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 of any judge to receive a majority vote, the Supreme Court shall provide by rule for selection of the presiding judge. History: (Acts 1975, No. 1205,…

(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 attorneys throughout the state in their efforts against criminal activity in the state. Such assistance may include: (1) The o…

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. Such director and employees shall not be subject to the provisions of the State Merit System Act but shal…

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 shall be responsible for the efficient discharge of his or her duties, all in accordance with the constitut…

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 39 judicial circuits. This article hereby authorizes the lawful custodians of such funds to contribute moneys for the administrati…

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 of the finance director, transfers of any budget excesses from district attorneys objects of expenditures may be made…

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 perform any function presently or hereafter assigned by law to the Governor of this state, the Attorney General…

(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 Department of Economic and Community Affairs at eighty thousand dollars ($80,000) per year. (b) The domestic violence resource p…

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 and district courts within the circuit, except employees of the clerk, and see that they attend strictly…

(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 court division or divisions of the judicial circuit. The presiding circuit judge shall assign one or more of the existing circuit or d…

(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, custody and support of children, granting and enforcement of alimony, proceedings under any reciprocal non-support a…

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 the judges who need assistance in clearing dockets, civil and criminal. History: (Acts 1915, No. 712, p. 809; Acts 1919, No. 321, p. 275; Code 1…

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 misdemeanors…

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. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates by cla…

The Supreme Court shall provide rules of administration for such administrative agency, including the bonding of all officials who will be handling money. History: (Acts 1975, No. 1205, §4-106.)

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 judges excluded, who is not qualified under …

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 and original writs which are grantable by judges at common law. (2) To grant writs of injunction and ne exeat, returnab…

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 excluded, who, elected to become a magistrate under Section 4-106(g)(4) of Act No. 1205, S. 400, 1975 Regular Session (Acts of 1975, p. 238…

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 magistrate of the district court of the county in which said magistrate served as such official at any time within one year …

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 paid by the state in an amount equal to 50 percent of the salary paid from time to time to supernumerary district attorneys under A…

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 …

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 capacity as magistrate or judge of any inferior court, municipal judges excluded, by contributing an amount equal to six percent of h…

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 a monthly allowance equal to 50 per centum of the retirement allowance the supernumerary magistrate was receiving when he died, as …

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 case is pending to make interlocutory or final orders or judgments in said case, but any such order or judgment may be made by said judge in any par…

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 the courts in the circuit over which said judge presides. No two or more judges shall appoint the same court reporter. The official court re…

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 court may be authorized by the Administrative Director of Courts upon recommendat…

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 shall perform duties at places and in such manner as prescribed by the Administrative Director of Courts. The rate of compensa…

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 support the constitution and laws of the State of Alabama and to faithfully perform all the duties of such office. History: (Acts 191…

(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 as other state employees are paid. (b)(1) In addition to the salary paid by the state, each official court reporter shall be paid a salary by the counties co…

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 appointed, and in every case, where directed by the judge or requested by a party thereto, he shall take full stenographic notes of t…

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 amounts of these fees may be fixed and adjusted by the Supreme Court at such times as it shall determine. Histo…

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 fee of $5.00 for each day or fraction thereof that such reporter shall be engaged in reporting a case, to be collected as costs as in other cases and…