Title 12 — Title 12

Employees of State; Court Personnel Subject to Benefits and Regulations of Merit and Retirement Systems; Settlement of Disputes Regarding Which Persons Are Court Personnel. (a) County personnel. - All full-time county personnel, including all persons for whom funding is provided …

Reappointment of Registers Holding Office on October 10, 1975; Removal of Registers. (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 reappointmen…

(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. History: (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. History: (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, §2…

The register has no authority to grant or dissolve injunctions. History: (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. History: (Code 1867…

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. History: (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. H…

Repealed by Acts 1977, No. 607, p. 812, §9901, as amended, effective January 1, 1980.

Division; Eligibility of Clerk or Register of Circuit Court with 23 Years of Service. (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: (1) Who has served as much as five years as a cir…

Supernumerary Holds Commission. (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…

(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 …

Contribution Transfer; Post-Transfer Credits and Contributions. (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…

(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…

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…

Appointment and Removal of Clerk; Abolition of Separate Office; Participation in Supernumerary Fund. (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 …

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. History: (Code 1852, §722; Code 1867, §854; Code 1876, §770; Code 1886, §4245; Code 1896, §5514; Code 1907, §…

(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…

Prosecutorial Function. 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 …

(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 …

District Attorney Disqualified, Etc. (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…

Repealed by Acts 1977, No. 607, p. 812, § 9901, as amended, effective January 1, 1980.

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…

Attorney Pro Tem. 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…

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. H…

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. History: (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…

Criminal Offenses. 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 convictio…

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 …

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

Establishment of Job Descriptions, Rates of Compensation, Etc., Applicable to Court Personnel. Except as otherwise provided by law, all court personnel shall be included in the state employee personnel system; provided, that job descriptions, regulations, rates of compensation an…

(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…

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000. History: (Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §1.)