Title 12 — Title 12

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 courts to the circuit court. History: (Acts 1915, No. 821, p. 941; Code 1923, §6711; Code 1940, T. 13, §184.)

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 to open and hold the court. History: (Code 1852, §633; Code 1867, §751; Code 1876, §660; Code 1886, §759; Code 1896, §922; Code 1907, §32…

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 Employees’ Retirement System of Alabama: (1) Who has a minimum of 12 years as a reporter of any probate court having equity jurisdiction or a…

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 duties, power and authority of official circuit court reporters of the circuit courts of Alabama and shall, upon reques…

(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 highest paid official court reporter, unless the salary paid to the highest paid official court reporter becomes less than the salary o…

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 salaries of supernumerary circuit court reporters provided for and commissioned under this division. History: (Acts 1961, No. 817, p. 1204, §5.)…

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 state in the same manner as state employees generally for their expenses …

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 not apply to Section 12-17-68 and Section 12-17-92. (c) Any salary supplement received by any circuit judge or distri…

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 be authorized by the Administrative Director of Courts upon recommendation of presidi…

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 of the presiding circuit judge. History: (Acts 1977, No. 20, p. 28; Acts 1978, No. 821, p. 1207, §4.)

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 upon submission of a written request by the presiding circuit court judge and upon consideration of funding an…

(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 15 or more circuit judges, serving the courts on October 10, 1975, shall be subject to…

(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 1, 1975, shall be entitled to keep such position. Such confidential secretary shall be appointed and serve at the pleasure of t…

(a) Retirement. - Employees of the circuit and district court, hereinafter “eligible employees,” shall, on the date they join or joined the state personnel system, be covered by the Employees’ Retirement System of Alabama; provided, that an employee who on that date is covered by…

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 supernumerary judges are, as to all persons who were eligible to assume such duties and obligations and claim and…

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 state shall have absolute judicial immunity from any liability arising from the executio…

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, that the geographic area for the purpose of election of district court judges shall not alter or …

Generally. Each county shall constitute a district and shall have one resident district judge, except that: (1) Lee, Etowah, Russell, Talladega, Tuscaloosa, Walker, Houston, Dale, Marshall, Cullman, Chambers, Elmore, Limestone, St. Clair, and DeKalb Counties shall each have two r…

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. History: (Acts 1975, No. 1205, p. 2384, §4-113.)

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 of qualification with the Secretary of State as provided by law. History: (Acts 1975, No. 1205, p. 2384, §4-113.)

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 or appointment and must reside in such district during his continuance in office. History: (Acts 1975, No. 1205, p. 2384, §4-113…

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 of the district which he is to serve. History: (Acts 1975, No. 1205, p. 2384, §4-113.)

(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 of judges entitled by the Constitution to receive commissions as district judges exceeds the number of posit…

(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 provided by the Constitution, the presiding judge of the circuit shall designate a district or circuit judge, including himself, within the ci…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-441 EFFECTIVE OCTOBER 1, 2021. History: (Acts 1975, No. 1205, p. 2384, §4-114.)

Judges shall have a primary duty to serve the district to which they are elected. History: (Acts 1975, No. 1205, p. 2384, §4-113.)

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, who shall have the same powers and authority as a circuit judge to handle all cas…

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 judicial circuit shall for all purposes be deemed a circuit clerk and register and shall be elected as provided for by Secti…

(a) For the purposes of this section, the following terms have the following meanings: (1) ANNIVERSARY DATE. Annually, the first Monday after the second Tuesday in January. (2) CIRCUIT CLERKS. All circuit clerks in the Unified Judicial System and the Deputy Circuit Clerk of the B…

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 Section 12-17-81 shall include any prior service credit purchased toward supernumerary status as a circuit clerk pursuan…

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 with Constitutional Amendment No. 328. History: (Code 1852, §649; Code 1867, §766; Code 1876, §670; Code 1886, §766; Code 1896, §9…

The official bond of the clerk of the circuit court shall in no case be less than $5,000.00. History: (Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §88.)

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 clerks by their respective counties on May 28, 1980, shall not be diminished; and provided, further, that any county may, p…

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 such oath or take such affidavit is not confined to some other officer. (2) To appoint deputies, with full power to transa…

(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, and other processes, under the authority of the court. (2) To keep a consolidated docket sheet of civil and criminal cases, the names o…

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. History: (Code 1852, §604; Code 1867, §774; Code 1876, §677; Code 1886, §771; Code 1896, §937; Code 1907, §3275; Code 1923, §6729; C…

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 or to hard labor for the county to the head of the department having supervision over convicts; and such convict, if pard…

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 the further order or judgment of any court, shall, on demand, pay the same to his successor in office; and, upon such payment, he shall be discharged fr…

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 by the qualified voters of the territory over which the circuit court of the tenth judicial circuit sitting at Bessemer has and exerc…

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 rate equal to 50 percent of the supplemental salary paid by the county to each circuit judge; provided, that the total salary of such elected de…