Title 12

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. (Code 1852, §604; Code 1867, §774; Code 1876, §677; Code 1886, §771; Code 1896, §937; Code 1907, §3275; Code 1923, §6729; Code 1940,…

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 pardoned for the…

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…

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 and shall have administrative responsibility for and supervision of the records and clerical services of the district court in accordanc…

(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 Court upon the written request of the clerk of the circuit court or the judges of the district court. When the Supreme Court authori…

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 county in which they serve. When a separate district clerk’s office is authorized, employees serving in such separate office shall be subject…

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 a district attorney for every judicial circuit in this state, who shall hold office for the term of six years and until his successor…

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 elected and qualified. (Code 1852, §722; Code 1867, §854; Code 1876, §770; Code 1886, §4245; Code 1896, §5514; Code 1907, §7779; Cod…

(a) District attorneys for each judicial circuit in the state serving on October 1, 2021, until the end of his or her service, shall be paid by the state an annual salary of an amount equal to one thousand dollars ($1,000) less than the salary paid by the state to the highest pai…

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 appointment and must reside in such circuit during his continuance in office. If he shall fail so to do, he shall vacate his office. Upon…

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 elected or appointed: (1) To attend on the grand juries, advise them in relation to matters of law, and examine and swear witnesses bef…

The Legislature finds and declares the following: (1) Upon request by law enforcement, prosecuting attorneys throughout the state should be able to provide advice to law enforcement officers on any matter of criminal procedure, civil procedure, criminal charges, criminal investig…

A prosecuting attorney advising a law enforcement officer or law enforcement agency, as defined in Section 36-21-55, on any matter of criminal procedure, civil procedure, criminal charges, or criminal investigations within the prosecuting attorney’s scope of authority is deemed a…

(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 in the discharge of his duties until the business of the state is disposed of. Any district attorney, other than those mentioned in subsection (b) of …

(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 by law to prosecute criminal cases in such court is absent, or connected with the party against whom it is his dut…

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 the county in which the court is held, the court shall make an order suspending such district attorney. The district attorney so suspended shall…

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 attorney and receive $25.00 per day while engaged in court, to be paid on the warrant of the Comptroller drawn on the treasurer, th…

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 any court to which a case may have been removed by change of venue, against a district attorney who has been suspended, the order suspending such district…

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 allowance to be in reimbursement for reasonable expenses while in attendance upon court outside of their home county. (…

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 judicial circuits composed of four or more counties the sum of $300.00 per annum for each county of the judicial circuit, over and …

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 paid into the State Treasury. (Code 1896, §5529; Code 1907, §7792; Code 1923, §5511; Code 1940, T. 13, §242.)

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 for a violation of the revenue laws or the prohibition laws, or unless the affidavit is upon his personal knowledge of the comm…

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 any court, state, municipal or federal, in this state, shall be guilty of a misdemeanor and, upon conviction, shall be fined n…

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 description in any court in this state in which said district attorney or assistant district attorney is the prosecuting officer s…

(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 providing for a district attorney’s fund for the use of the district attorneys in the discharge of their duties and for law enforceme…

(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 for which the district attorney shall have administrative responsibility. The number and compensation of …

All laws to the contrary notwithstanding, any elected assistant district attorney in this state is hereby entitled to all entitlements enumerated in this article. (Acts 1989, No. 89-466, p. 967.)

(a) Any district attorney, former district attorney or former circuit solicitor of this state: may elect to become supernumerary district attorney of the state by filing a written declaration to that effect with the Governor. (b) Any district attorney, former district attorney or…

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 age may elect to become a supernumerary district attorney of the state by filing, while in service, a written declaration to that effect with the…

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 and who has become permanently and totally disabled, proof of such disability being made by certificate of three reputable physici…

(a) Any individual now serving or having formerly served as a district attorney of a judicial circuit of Alabama who has served for not less than 18 years, when he or she has reached the age of 60 years, may elect to become a supernumerary district attorney by filing a written de…

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 State of Alabama shall thereupon be issued to such declarant by the Governor. The office of district attorney made vacant by the e…

(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 circuit judges and shall be paid as other district attorneys’ salaries are now paid, for the payment of which an appropriation is her…

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 and authority of district attorneys of the judicial circuits or circuit courts and shall, upon request of the Gove…

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 immediate family member in any criminal, quasi-criminal, or civil forfeiture proceeding resulting from a criminal action w…

(a)(1) The district attorney of each judicial circuit may employ, in any manner as he or she shall determine necessary, assistant district attorneys, investigators, clerical, secretarial, and other personnel, who shall be paid from funds available for that purpose. Unless otherwi…

(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 to time, additional investigators who will each be a peace officer pursuant to Section 6-5-338. The chief investigator and other…

(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 report containing an estimate in itemized form showing the amount needed for personnel and office expenses for the year beginning…

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. (Acts 1977, No. 632, p. 940, §3.)

The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict herewith. (Acts 1977, No. 632, p. 940, §4.)

(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 organized for the following uses and purposes: (1) A section of the special services division of each district attorney’s off…