Title 12 — Title 12
0 chapters · 1,267 sections in this title.
Ala. Code § 12-3-24 Bond of Clerk of Court of Civil Appeals
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Before entering upon the duties of his office, the Clerk of the Court of Civil Appeals 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 …
Ala. Code § 12-3-25 Office Hours of Clerks of Courts of Appeals
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The clerks of the courts of appeals must keep the office open for transaction of business on every day except Saturday, Sunday and legal holidays for such hours as may be directed by the courts of appeals. History: (Acts 1969, No. 987, p. 1744, §28.)
Ala. Code § 12-3-26 Powers and Duties of Clerks
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Each clerk shall have the authority and it shall be his duty: (1) To administer oaths and take affidavits; (2) To issue and sign all writs and process of every description, issued under the authority of the court; (3) To keep in regular order the papers, dockets and records of th…
Ala. Code § 12-3-27 Law Clerks - Appointment
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Each judge of each court of appeals is authorized to appoint one law clerk to assist the appointing judge in the performance of his duties. History: (Acts 1969, No. 987, p. 1744, §16.)
Ala. Code § 12-3-28 Law Clerks - Clerk to Serve Appointing Judge; Dismissal of Clerk and
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Appointment of Successor. Each law clerk so appointed shall serve as law clerk to the judge appointing him and may be dismissed and a successor appointed at the will of the appointing judge. History: (Acts 1969, No. 987, p. 1744, §17.)
Ala. Code § 12-3-29 Law Clerks - Salaries
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The salary of each such law clerk shall be the same as the salary paid to law clerks of the supreme court justices and shall be payable as the salaries of other state employees are paid. History: (Acts 1969, No. 987, p. 1744, §18.)
Ala. Code § 12-3-3 Election and Term of Judges of Court of Civil Appeals
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(a) The offices of the judges of the Court of Civil Appeals that were filled at the general election in 1972 for terms of two, four and six years pursuant to Act No. 987 of the 1969 Regular Session of the Legislature shall, at the general election immediately preceding the expira…
Ala. Code § 12-3-30 Payment of Salaries of Employees of Courts
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The salaries of all the employees of the courts of appeals shall be paid as the salaries of other state employees are paid. History: (Acts 1969, No. 987, p. 1744, §27; Acts 1975, 3rd Ex. Sess., No. 143, p. 386, §1.)
Ala. Code § 12-3-31 Payment of Cost of Preserving Records; Furnishing of Record Books,
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Stationery, Furniture, Etc. (a) The cost of preserving records according to the provisions of this chapter shall be paid out of the treasury as accounts for printing and binding of the state are paid. (b) The record books, blanks and stationery and furniture necessary to the cour…
Ala. Code § 12-3-32 Attorney General to Attend Criminal Cases and Civil Suits in Courts in
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Which State a Party. The Attorney General in person or by assistant must attend on the part of the state to all criminal cases and all civil actions in which the state is a party in said courts of appeals. History: (Acts 1969, No. 987, p. 1744, §31.)
Ala. Code § 12-3-33 Applicability of Provisions of Section 12-2-9
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Within the limitations or jurisdiction conferred on the courts of appeals by this chapter, the provisions of Section 12-2-9 are made applicable to said courts of appeals. History: (Acts 1969, No. 987, p. 1744, §9.)
Ala. Code § 12-3-34 Appointment, Compensation, Etc., of Staff Attorneys and Confidential
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Assistant of Court of Criminal Appeals. (a) The Alabama Court of Criminal Appeals is hereby authorized to hire three staff attorneys to assist the court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by t…
Ala. Code § 12-3-35 Appointment, Compensation, Etc., of Additional Staff Attorneys
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The Alabama Court of Criminal Appeals is hereby authorized to hire two additional 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 shal…
Ala. Code § 12-3-36 Appointment, Compensation, Etc., of Additional Confidential Assistant
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(a) The judges of the Court of Criminal Appeals are hereby authorized to appoint and employ one additional clerical employee to serve in the office of the Clerk of the Court of Criminal Appeals. (b) The duties of this employee shall be to assist the clerk of the court and perform…
Ala. Code § 12-3-4 Presiding Judges
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(a) The presiding judge of the Court of Criminal Appeals shall be elected by the members of such court for a term to be set by such court, in no event for a longer time than the term for which such judge is chosen. (b) The presiding judge of the Court of Civil Appeals shall be th…
Ala. Code § 12-3-5 Residency of Judges
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The judges of the courts may reside anywhere within this state. History: (Acts 1969, No. 987, p. 1744, §20; Act 2013-375, p. 1377, §1.)
Ala. Code § 12-3-6 Salaries of Judges
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The salary of each judge on each court of appeals shall be such amount as shall be fixed by law, which shall be paid as the salaries of other state officers are paid. History: (Acts 1969, No. 987, p. 1744, §19; Acts 1973, No. 1245, p. 2093, §2.)
Ala. Code § 12-3-7 Continuation of Laws Concerning Duties, Benefits, Etc., of
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Supernumerary Judges of Courts of Appeals. All laws dealing with the eligibility of judges of the Court of Criminal Appeals and the Court of Civil Appeals to assume duties and obligations, and to claim and receive benefits, as supernumerary judges are, as to all persons who were …
Ala. Code § 12-3-8 Powers of Judges as to Issuance of Writs of Certiorari, Granting of
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Injunctions, Etc. The judges of said courts shall each have authority to issue writs of certiorari and to grant orders for stays of judgments or orders to all inferior courts and injunctions, subject to the limitations prescribed by law. History: (Acts 1969, No. 987, p. 1744, §6.…
Ala. Code § 12-3-9 Appellate Jurisdiction of Court of Criminal Appeals
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The Court of Criminal Appeals shall have exclusive appellate jurisdiction of all misdemeanors, including the violation of town and city ordinances, habeas corpus and all felonies, including all post conviction writs in criminal cases. History: (Acts 1969, No. 987, p. 1744, §2.)
Ala. Code § 12-4A-1 Appointment of Court Personnel
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The Supreme Court and the courts of appeal may employ sufficient personnel to carry out their constitutional duties payable from any funds appropriated or available to such courts. The Supreme Court, after consultation with the presiding judges of the courts of appeal, may provid…
Ala. Code § 12-4A-2 Supreme Court and State Law Library Designated State Law Library;
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State Law Librarian to Supervise. The Supreme Court and State Law Library shall be designated the State Law Library and shall be under the supervision of the State Law Librarian. History: (Acts 1992, No. 92-563, p. 1171, §2.)
Ala. Code § 12-5-1 Administrative Office of Courts Created
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The Administrative Office of Courts is hereby created. History: (Acts 1975, No. 1205, p. 2384, §11-103.)
Ala. Code § 12-5-10 Powers and Duties of Administrative Director of Courts Generally
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In addition to any other duties and responsibilities that may be assigned to the Administrative Director of Courts by the Chief Justice, he shall have the following duties and authority with respect to all courts, subject to the direction of the Chief Justice: (1) To require the …
Ala. Code § 12-5-10.1 Annual Report
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(a) The Administrative Office of Courts shall provide the following statistics for each fiscal year by circuit as provided in subsection (b): (1) Number of civil cases filed broken down by category. (2) Number of civil cases resolved via a motion to dismiss or voluntary dismissal…
Ala. Code § 12-5-11 Direction of Expenditure of Funds Appropriated to Accounts of Colleges
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of Judges and Accounts for Judicial Education of Justices, Judges or Court- Supportive Personnel and Payment of Expenses of Justices, Judges or Court- Supportive Personnel Attending Colleges, Institutes, Conferences, Etc. In connection with the continuing judicial education of ju…
Ala. Code § 12-5-12 Study of Applications for Funds, Grants, Etc., from Federal
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Governmental Agencies or Entities, Direction of Disbursement of Funds, Grants, Etc.; Designation of Moneys Previously Appropriated to Certain State Agencies as Matching Funds; Application for Federal Funds, Grants, Etc., and Use of Certain Moneys as Matching Funds in Connection T…
Ala. Code § 12-5-13 Coordination of Functions and Duties of Administrative Personnel of
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Trial Courts or Local Court Systems; Transfer and Direction of Expenditure of Moneys Appropriated to Certain State Agencies and Courts. (a) In connection with the administration of justice within trial courts or within local court systems, the Administrative Director of Courts sh…
Ala. Code § 12-5-14 Employment of Consultants by Chief Justice and Administrative Director
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of Courts. In connection with the functions of conducting studies and projects pertaining to improvements in the administration of justice, the improvement of courts in Alabama and continuing legal and judicial education, the Chief Justice or the Administrative Director of Courts…
Ala. Code § 12-5-15 Delegation to Administrative Director of Courts, Court Administrator,
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Etc., of Authority to Act for Chief Justice. The Chief Justice may, by power of attorney or other writing, authorize and empower the Administrative Director of Courts, the court administrator and any other officer in the Administrative Office of Courts or the Department of Court …
Ala. Code § 12-5-16 Membership of Chief Justice and Officers, Employees, Etc., of
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Administrative Office of Courts and Department of Court Management in Organizations and Associations Devoted to Improvement of Justice, Etc., Authorized; Payment of Membership Dues Therefor and for State Membership in Certain National Organizations and Associations. The Chief Jus…
Ala. Code § 12-5-17 Attendance at Colleges, Conferences, Etc., Pertaining to Administration
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of Courts by Chief Justice, Officers, Employees, Etc., of Administrative Office of Courts and Department of Court Management, Members of Judiciary and Court- Supportive Personnel Authorized; Reimbursement for Expenses Thereof. (a) Notwithstanding any other provision of law relati…
Ala. Code § 12-5-18 Use of Members of Judiciary and Court-Supportive Personnel for
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Studies, Projects, Etc., to Improve the Administration of Justice. In connection with studies, projects and functions designed to improve or effect the administration of justice, the operation of courts and continuing legal and judicial education, the Administrative Director of C…
Ala. Code § 12-5-19 Payment of Expenses of Conferences or Meetings Sponsored by
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Administrative Office of Courts or Department of Court Management. In the event the Administrative Office of Courts or the Department of Court Management sponsors any conference or any meeting of members of the judiciary or court-supportive personnel or sponsors a conference or m…
Ala. Code § 12-5-2 Service by Administrative Office of Courts as Agency for Application for
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and Receipt of Grants, Etc., and Coordination of Studies, Etc., as to Improvement of Administration of Justice; Appointment, Compensation, Etc., of Officers, Employees, Etc., of Administrative Office of Courts Generally; Powers of Chief Justice as to Use of Officers, Employees, M…
Ala. Code § 12-5-20 Review, Etc., of Administrative Decisions of Chief Justice or
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Administrative Director of Courts by Supreme Court Justices. The justices of the Supreme Court shall have the power and authority to review, countermand, overrule, modify or amend any administrative decision by either the Chief Justice or the Administrative Director of Courts. A …
Ala. Code § 12-5-21 Appointment, Compensation, Etc., of Confidential Secretaries for
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Retired Justices or Judges Performing Active Duty for Supreme Court or Courts of Appeals. The Administrative Director of Courts, with the approval of the Chief Justice, is hereby authorized to appoint and employ not more than two confidential secretaries who shall serve at the pl…
Ala. Code § 12-5-3 Department of Court Management Established; Powers and Duties
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Generally. (a) There shall be a state department to be known as the Department of Court Management. This department shall be specifically charged with the duty of assisting the Chief Justice of the Supreme Court of Alabama in connection with his duties as the chief administrative…
Ala. Code § 12-5-4 Appointment, Duties, Etc., of Court Administrator and Assistant Court
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Administrator; Appointment and Compensation of Other Employees of Department. The chief administrative officers of the department shall be the court administrator and the assistant court administrator. These officers shall each be appointed by and serve at the pleasure of the Chi…
Ala. Code § 12-5-5 Applicability of Provisions of State Merit System to Officers, Employees,
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Etc., of Department. The officers, officials and employees of the Department of Court Management, other than the court administrator and the assistant court administrator, shall automatically come under the provisions of the personnel merit system after serving a continuous perio…
Ala. Code § 12-5-6 Department to Be Responsible for Trial Court Administration
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Unless the Chief Justice otherwise directs, the Department of Court Management, under the direction of the Administrative Director of Courts, shall have the responsibility for trial court administration. History: (Acts 1975, No. 1205, p. 2384, §11-103.)
Ala. Code § 12-5-7 Entitlement to Insurance, Retirement and Other State Employees’
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Benefits of Officers, Employees, Etc., of Administrative Office of Courts and Department of Court Management. The officers, officials and employees of the Administrative Office of Courts and Department of Court Management shall be entitled to insurance, retirement and other state…
Ala. Code § 12-5-8 Administrative Director of Courts Ex Officio Head of Department of
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Court Management and Head of Administrative Office of Courts. The Administrative Director of Courts shall serve as ex officio head of the Department of Court Management and shall also be the head of the Administrative Office of Courts. History: (Acts 1975, No. 1205, p. 2384, §11-…
Ala. Code § 12-5-9 Administrative Director of Courts to Assist Chief Justice with Duties as
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Administrative Head of Judicial System. The Administrative Director of Courts shall assist the Chief Justice of the Supreme Court of Alabama in connection with the Chief Justice’s duties as administrative head of the judicial system of Alabama, the Chief Justice’s task of seeing …
Ala. Code § 12-5A-1 Legislative Findings and Intent
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Juvenile probation officers are an integral part of the juvenile justice system. Juvenile probation officers perform a variety of services which are essential to the proper operation of the juvenile courts including working primarily with youths who are alleged to be delinquent o…
Ala. Code § 12-5A-10 Operating Expenses; Inventory of County-Owned Property; Election to
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Transfer Property to State; County to Provide Office Space, Etc. (a) Except as otherwise provided in this chapter, the operating expenses for the employees and positions covered by this chapter shall be paid by the state from funds appropriated annually to the Unified Judicial Sy…
Ala. Code § 12-5A-11 County Programs, Etc., Unaffected
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Nothing in this chapter shall diminish or adversely affect any program or service for children currently provided by a county to its respective juvenile court which is not assumed by the state under this chapter including, but not limited to, programs of financial assistance for …
Ala. Code § 12-5A-12 Study Commission Created
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(a) There is created a study commission to evaluate the feasibility and effectiveness of transferring to state employee status the juvenile probation officers and staff in counties having a population of more than 99,000 according to the 1990 federal decennial census. The commiss…
Ala. Code § 12-5A-13 Applicability to Certain Counties
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(a) Notwithstanding the provisions of this chapter to the contrary, and the population of Mobile County, wherever this chapter refers to counties having a population of more than 99,000 according to the 1990 federal decennial census, Mobile County shall not be included and wherev…
Ala. Code § 12-5A-14 Construction
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(a) All laws or parts of laws, both general and local, and any rules or portions of rules adopted by the Supreme Court which conflict with this chapter are expressly repealed. The provisions of this chapter are cumulative and shall not be construed to repeal or supersede any laws…