Title 12

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 execution of the duties provided for by Se…

(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 circuits, there shall be the number of resident circuit judges listed below: (1) There shall be two circuit judges in the firs…

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 any election shall designate the numbered judgeship for which they are a candidate. (Acts 1977, No. 20, p. 28.)

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 appointment and must reside in such circuit during his continuance in office. (Code 1852, §§626, 643; Code 1867, §§744, 761; Code 1876, §§665,…

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. (Acts 1975, No. 1205, p. 2384,…

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. (Acts 1915, No. 712, p. 809; Acts 1919, No. 321, p. 275; Code 1923, §669…

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…

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…

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. (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. (Code 1852, §633; Code 1867, §751; Code 1876, §660; Code 1886, §759; Code 1896, §922; Code 1907, §3260; Code …

(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 district attorney w…

(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 receive such benefits…

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 m…

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 resident dis…

In districts with more than one district judge, each position shall be numbered and designated on primary and general election ballots. (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. (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. (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. (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 positi…

(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…

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

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 cases involving domestic relations, divorce, annul…

(a) Vacancies. - When the position of register in any circuit court becomes vacant upon the death, resignation, retirement or inability of the incumbent to satisfy the conditions for reappointment specified in subsection (b) of this section, the vacancy shall not be filled, and t…

(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 public interests demand, shall require of such register an additional bond; and, on failure to give the same within the time fixed by the circui…

(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 state beginning October 1, 1977. Employees in the office of a register compensated at the expense of the individual register shall be …

The register shall keep his office at the place at which the court of which he is register is held. (Code 1852, §620; Code 1867, §724; Code 1876, §633; Code 1886, §735; Code 1896, §656; Code 1907, §3073; Code 1923, §6506; Code 1940, T. 13, §212.)

(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 circuit court as to equitable cases; to make orders of publication for defendants; to grant default judgments for want of answers; to issue atta…

All answers and other papers filed in any case must be endorsed by the register with the true date on which they were filed. (Code 1852, §2910; Code 1867, §3361; Code 1876, §3795; Code 1886, §3454; Code 1896, §711; Code 1907, §3075; Code 1923, §6508; Code 1940, T. 13, §214.)

The register has no authority to grant or dissolve injunctions. (Code 1852, §622; Code 1867, §732; Code 1876, §641; Code 1886, §738; Code 1896, §659; Code 1907, §3077; Code 1923, §6510; Code 1940, T. 13, §216.)

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; but they are not required to prepare any new indexes if those already in their offices are sufficient. (Code 1867, §738; C…

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 same to the examination of the county commission, and the county commission, if it deems such recopy necessary, shall, upon the minutes of …

The records of the register’s office shall be free for the examination of all persons when not in use by him. (Code 1867, §741; Code 1876, §648; Code 1886, §745; Code 1896, §665; Code 1907, §3083; Code 1923, §6515; Code 1940, T. 13, §221.)

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 of any court, shall, on demand of his successor in office, pay the same to him and, upon such payment, shall be discharged from further liabilit…

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 show cause order which by law may come before him, may punish for contempt, by fine not exceeding $10.00 and by imprisonment not exceeding two days. (…

(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 of Alabama: The provisions of this division shall apply only to those persons who are 55 years of age or older and who are in office on October 1, …

(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 prescribed for clerks and registers of the circuit courts in this state. (b) If a vacancy shall occur in the office of clerk or register in …

(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 payable to a circuit clerk on the date a circuit clerk or register becomes a supernumerary official, payable in equal installments on a tw…

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 is hereby created, in amounts to be determined as follows: (1) Circuit clerks shall contribute six percent of the total…

(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 of clerk or register on a continuous basis. Prior service credit must either be for time served as clerk or as register without allowance for …

(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 Director of Courts in writing to the contrary 30 days subsequent to October 1, 1995. This notification may be made notwithstanding any prior …

(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 election is made to come within the supernumerary plan set out in this division. (b) When an active circuit clerk or r…

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 receive supernumerary benefits under this division, such circuit clerk or register shall have the right to elect to withdraw from the supernumerar…

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 Section 12-17-9…