Title 12 — Title 12

(a) The Supreme Court, except as otherwise provided, shall consist of a chief justice and eight associate justices, who shall be elected by the qualified electors of the state at the general elections as provided by law for the election of members of the House of Representatives …

The Governor, by a request in writing, or either house of the Legislature, by a resolution of such house, may obtain a written opinion of the justices of the Supreme Court of Alabama or a majority thereof on important constitutional questions. History: (Acts 1923, No. 43, p. 25; …

Statement to Department of Finance of Fees Paid into Treasury. All fees and costs authorized by law and the Alabama Rules of Appellate Procedure to be taxed and collected as cost for or fees of the Clerk of the Supreme Court shall be collected by the Clerk of the Supreme Court an…

by Court of Briefs from Attorney General and Amici Curiae as to Questions Presented. The justices of the Supreme Court may request briefs from the Attorney General, and may receive briefs from other attorneys as amici curiae as to such questions as may be propounded to them for t…

The office of deputy clerk of the Supreme Court of Alabama is hereby created. Such deputy clerk shall be appointed by the justices of the Supreme Court and may be removed at any time the said justices of the Supreme Court may see fit. History: (Acts 1965, 1st Ex. Sess., No. 42, p…

The salary of the deputy clerk shall be fixed under the provisions of the merit system as attorney III and shall be payable out of the State Treasury as the salaries of other state officers are paid. History: (Acts 1965, 1st Ex. Sess., No. 42, p. 62, §3.)

The duties and authority of such deputy clerk shall be prescribed by the rules of the Supreme Court. History: (Acts 1965, 1st Ex. Sess., No. 42, p. 62, §2.)

The opinion of the justices of the Supreme Court or a majority of them shall be a protection to the officers and departments of the state acting in accordance therewith in the same manner and to the same extent as opinions of the Attorney General of the state; and, in the event o…

Ruling in Case Conflict. The Supreme Court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must be governed by what, in its opinion, at that time is law, without any regard to such former ruling on the law by it; but…

The Chief Justice shall have a confidential secretary who shall perform such duties as may be required by him and who shall be appointed and dismissed at the will of the Chief Justice and who shall be subject to the merit system only as to the pay plan. History: (Acts 1915, No. 5…

Justices - Appointment, Compensation, Etc. Each associate justice of the Supreme Court and each supernumerary justice of said court, while serving at the request of the Governor or Chief Justice, is hereby authorized to appoint and employ a confidential secretary, who shall serve…

Justices - Duties. The secretaries shall perform such duties as may be prescribed by the justices. History: (Code 1896, §3843; Code 1907, §5969; Acts 1923, No. 600, p. 789; Code 1923, §10305; Code 1940, T. 13, §48.)

Determination of Certain Cases. When by reason of disqualification the number of judges competent to sit in a case is reduced to eight or to six and there is equal division among them on any question material to the determination of the case, the fact shall be certified by the Ch…

Sitting in Final Decision of Cases. The minutes of the court and the reports of its decisions shall state the names of the judges sitting in the final decision of cases. History: (Code 1907, §5984; Code 1923, §10275; Code 1940, T.13, §16.)

The library fund of the Supreme Court and state law library shall consist of funds appropriated by the Legislature, fees collected under the provision of law and moneys collected from the sale of copies, books and other materials or received from donations, gifts, grants and fund…

For the maintenance of the supreme court library there shall be taxed in each civil case decided by the Supreme Court or the courts of appeals on appeal the sum of $5.00, which must be taxed and collected as other costs in the case and, when collected, must be paid by the clerk t…

The Supreme Court is authorized and empowered in connection with any rule- making power or other function to appoint from time to time various advisory committees or standing committees composed of justices, judges, lawyers, law professors and other persons to serve on such commi…

The justices of the Supreme Court must make such rules as they deem necessary for the preservation and protection of the libraries. History: (Code 1867, §672; Code 1876, §583; Code 1886, §689; Code 1896, §3849; Code 1907, §5975; Code 1923, §10311; Code 1940, T. 13, §76.)

The Supreme Court may, by rules of court, establish additional duties for judges either within or without the geographical boundaries of the court of the judge when such is, in the opinion of a majority of the court, necessary to properly serve the administration of justice. Hist…

Security and Protection of Judicial Building, Etc., Authorized; Designation of Marshal, Assistant Marshals, Etc., as Conservators of Peace and Powers Thereof; Payment for Uniforms, Arms, Etc., of Marshals, Etc. (a) In connection with the security and protection of the judicial bu…

Interpretation of Rules. (a) Since the Supreme Court now has the initial primary duty to make and promulgate rules governing practice and procedure in all courts, as well as rules of administration for all courts, all such rules made and promulgated by the Supreme Court shall be …

Injunctions. The justices of the Supreme Court shall have authority to issue writs of certiorari and to grant injunctions and stays of execution of judgment, subject to the limitations prescribed by this code and the Alabama Rules of Appellate Procedure, as judges of the circuit …

The Supreme Court is further authorized and empowered to use moneys or funds appropriated to it, including, but not limited to, the moneys appropriated for the administrative fund, advisory committee work and judicial education, for any judicial purposes the Supreme Court may dir…

The Alabama Supreme Court is hereby authorized to hire six staff attorneys to assist that court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by the court. The staff attorneys shall be licensed to practi…

and Acknowledgments. The Chief Justice and every associate justice of the Supreme Court of Alabama may administer any oaths and take any affidavits or acknowledgments authorized or required by law. History: (Acts 1915, No. 3, p. 35; Code 1923, §10278; Code 1940, T. 13, §19.)

Generally. (a) The Chief Justice shall see that the business of the several courts of the state is attended with proper dispatch and that cases, civil and criminal, are not permitted to become congested or delayed, and he shall take care that prisoners are not allowed to remain i…

Supplied to Office. The Chief Justice shall have the reports and information supplied to his office as provided by law, tabulated and compiled so as to furnish information as to the administration of justice, the workings and operation of the courts and the amount of business pen…

The Chief Justice of the Supreme Court may employ one court attendant, who shall wait upon the Supreme Court and have the care of its courtrooms, library and consultation rooms. His salary shall be fixed under the provisions of the merit system and he shall be paid as other state…

Whenever in the opinion of the Chief Justice the business in any of the courts is being delayed or is unnecessarily congested or unnecessarily accumulated, he shall order adjourned or special sessions of court or the calling of the cases on the dockets for trial by sending a writ…

Courts, Etc. The Chief Justice shall direct and order in the same manner the attendance of any district attorney upon any regular, adjourned or special session of the court for the prosecution of any criminal case or the prosecution or defense in any case in which the state or an…

Attend Court; Designation of Judge or District Attorney to Attend and Hold Court. Whenever the judge or the district attorney of the court shall be unable to attend such court, he shall notify the Chief Justice, and the Chief Justice shall designate some other judge or district a…

Whenever the public good requires more judges than are regularly provided by law for the holding or attending the courts in any circuit of this state, the Chief Justice may order one or more judges living out of such circuit to attend and hold or assist in holding such courts. In…

Etc. For any failure of a judge to order such special session of court or to attend any such court after having called the same or, having been notified by the Chief Justice, to attend and to perform any of the duties required of him by Sections 12-2- 33, 12-2-35 and 12-2-36 with…

Sections 12-2-34 and 12-2-35. Any district attorney who fails, without sufficient excuse, to perform any of the duties required of him under Sections 12-2-34 and 12-2-35, shall forfeit to the State of Alabama $100.00, to be recovered by the Attorney General, on motion, in the cir…

The salary of the Chief Justice of the Supreme Court and every associate justice of the Supreme Court shall be such amount as is provided by law, and shall be paid as the salaries of other state officers are paid. History: (Code 1876, §580; Code 1886, §684; Code 1896, §3841; Code…

Absence from State or Disability Thereof Generally. In the event of the absence of the Chief Justice from the state or in the event of the inability of the Chief Justice to perform any duty or function required by law or rule, such duty or function may be performed by the senior …

All laws dealing with the eligibility of members of the Supreme Court to assume duties and obligations, and to claim and receive benefits, as supernumerary justices, are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits…

from Court or Disability Thereof. Whenever the Chief Justice of the Supreme Court of Alabama shall, because of illness or otherwise, be disabled from actively performing his duties as chief justice or those ex officio duties imposed upon him by law or shall be absent from the cou…

The Supreme Court shall have authority: (1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision of the trial judge upon the facts where the…

The Chief Justice and each associate justice of the Supreme Court are hereby authorized to appoint one law clerk to assist the appointing justice in the performance of his duties. History: (Acts 1953, No. 443, p. 549, §1.)

Appointment of Successors. Each law clerk so appointed shall serve as the law clerk for the Chief Justice or the associate justice appointing him and may be dismissed and a successor appointed at the will of the Chief Justice or the associate justice appointing him. History: (Act…

The salary of each such law clerk shall not be in excess of the amount paid under the merit system classification to attorney I, step 3, such amount to be fixed by the Chief Justice or associate justice employing him, and he shall be paid out of the general funds of the state as …

Regular terms of the Supreme Court shall commence on the first Monday of October in each year and continue until and including the last day of June of the ensuing year, but the court may, in its discretion, adjourn from time to time. History: (Code 1852, §570; Code 1867, §666; Co…

The court may, whenever it deems proper, order and hold a special term. History: (Code 1852, §570; Code 1867, §662; Code 1876, §573; Code 1886, §678; Code 1896, §3834; Code 1907, §5963; Code 1923, §10285; Code 1940, T. 13, §26.)

A Clerk of the Supreme Court shall be appointed by the justices and shall be removable at any time for cause, to be determined by the court and entered at length on its record. History: (Code 1852, §578; Code 1867, §676; Code 1876, §588; Code 1886, §695; Code 1896, §3856; Code 19…

Before entering upon the duties of his office, the Clerk of the Supreme Court shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties. History: (Acts 1943, No. 122, p. 123; Acts 1961, Ex.…

Bond. The clerk must give additional bond, on the requisition of the Chief Justice, whenever the public interest requires; and, upon his failure so to do within the time fixed by the Chief Justice, his office shall be vacated. History: (Code 1852, §580; Code 1867, §678; Code 1876…

The salary of the Clerk of the Supreme Court of Alabama shall be fixed under the provisions of the merit system at the maximum paid to attorneys in the classified service and shall be payable out of the treasury as the salaries of other state officers are paid. History: (Code 190…

The Clerk of the Supreme Court may appoint a confidential assistant who shall perform such duties as may be required and who shall be subject to the merit system only as to the pay plan. Before entering upon the duties of his office, he shall execute to the State of Alabama a bon…

The Clerk of the Supreme Court is authorized to appoint and employ such additional help as may be required by him to operate the office of the clerk. History: (Code 1907, §5993; Acts 1919, No. 677, p. 981; Code 1923, §10329; Acts 1927, No. 612, p. 710; Code 1940, T. 13, §59.)