Title 12

Money due on decrees for the payment of money rendered against any executor, administrator or guardian on a partial or final settlement may be paid to the probate judge, and it shall be his duty to pay over the same to the person entitled thereto on demand upon proper proof of id…

The probate judge shall be entitled to one half of one percent for receiving money under Section 12-13-48, to be paid by the party from whom the same is received out of his own funds, and the probate judge shall not be bound to receive this money until such percentage is paid. (C…

The records of the office must be free for the examination of all persons when not in use by the judge, whether such persons are interested in such records or not. (Code 1867, §741; Code 1876, §698; Code 1886, §791; Code 1896, §3367; Code 1907, §5425; Code 1923, §9586; Code1940, …

Any probate judge who shall file for record or shall record any mortgage, deed of trust or other instrument in the nature of a mortgage without collecting the recording or registration tax provided for the recording or registration of such instruments or who shall fail to certify…

Any probate judge who fails to keep an abstract of mortgages or other instruments intended to secure the payment of money which are filed in his office for record, as he is required by law to keep, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less tha…

(a) In cooperation with the Alabama Securities Commission, each judge of probate may establish a real property owner notification service that informs owners of real property in the county whenever a document is recorded in the name of the real property owner or the address of th…

All laws dealing with the eligibility of probate judges to assume duties and obligations, and to claim and receive benefits, as supernumerary probate judges are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of Oc…

(a) There is hereby established, effective December 27, 1977, for each municipal corporation, hereinafter referred to in this chapter as “municipality,” within the state, except those which elect not to have such courts by ordinance adopted before December 27, 1977, a municipal c…

Municipal courts shall have the authority to continue the case from time to time to permit the fine and costs to be paid, remit fines, costs and fees, impose intermittent sentences, establish work release programs, require attendance of educational, corrective or rehabilitative p…

Upon conviction, the court may, upon a showing of inability to make immediate payment of fines and costs, accept defendant’s bond with or without surety and with waiver of exemptions as to personalty, such fines and costs to be payable within 90 days and, upon nonpayment of which…

The judgment of the municipal court may provide that if a fine and costs are not paid within the time prescribed, the defendant shall workout the amount of the judgment under the direction of the municipal authority, allowing not less than $10.00 for each day’s service. (Acts 197…

(a) Municipal courts may suspend execution of sentence and place a defendant on probation for varying periods of time, not to exceed two years. (b) The court may require such investigations as may be deemed necessary and desirable to be made by a probation officer or such other s…

In addition to any costs and charges fixed by law upon conviction for violations of municipal ordinances in municipalities having a municipal court, $12.00 shall be assessed and collected as other costs and charges are collected. Five dollars of such sum shall be remitted to the …

The mayor may remit fines and such costs as are payable to the municipality and commute sentences imposed by a municipal court or the court to which an appeal was taken for violations of municipal ordinances and may grant pardons, after conviction, for violation of such ordinance…

Municipalities shall report on the proceedings of their municipal courts as required by law or rule. (Acts 1975, No. 1205, p. 2384, §8-115.)

(a) The governing body of any municipality having a municipal court may at any time by ordinance abolish its municipal court and the jurisdiction of the court so abolished shall be transferred to the district court of the district in which the municipality is located under the co…

When a municipal court is abolished as provided by law, the court costs, fines and forfeitures collected by the court clerk as a result of enforcement of ordinances of the municipality shall be remitted as follows: Ninety percent of the fines and forfeitures and 10 percent of the…

(a) Any municipality which shall have abolished its municipal court may thereafter by ordinance reestablish such court in the manner provided in this section. (b) A copy of the proposed ordinance shall be sent by certified mail to the officers specified in Section 12-14-17 to rec…

(a) The municipality shall provide appropriate facilities and necessary supportive personnel for the municipal court and may provide for probation services, clerks and municipal employees designated as magistrates. (b) Municipalities shall furnish prosecutorial services in munici…

The municipal court shall have the number of judges and shall hold court at times and places provided by the municipal governing body. (Acts 1975, No. 1205, p. 2384, §8-101.)

The sheriffs of the counties and law enforcement officers of the municipalities of the State of Alabama shall obey the municipal judge having legal authority in faithfully executing the warrants and processes committed to them for service according to their mandates. (Acts 1975, …

Municipal judges shall admit to bail any person charged with violation of any municipal ordinance by requiring an appearance bond, with good security, to be approved by the respective municipal judges or their designees, in an amount not to exceed $1,000.00, and may, in their dis…

All cases in municipal courts shall be tried by a judge without a jury. (Acts 1975, No. 1205, p. 2384, §8-101.)

A municipal court shall take judicial notice of the ordinances of the municipality in which it sits. (Acts 1975, No. 1205, p. 2384, §8-116.)

All municipalities shall utilize the uniform traffic infractions procedure as provided by law or rule. (Acts 1975, No. 1205, p. 2384, §8-118.)

A municipality which retains its court shall provide indigent defense services as otherwise provided by law. (Acts 1975, No. 1205, p. 2384, §8-114.)

(a) The governing body of the municipality shall, by vote of a majority of its members, appoint judges of the municipal court. (b) The term of office of each full-time municipal judge shall be for a term of four years. The term of office of a municipal judge other than a full-tim…

(a) A municipal judge may administer oaths, compel the attendance of witnesses and compel the production of books and papers, punish by fine not exceeding $50.00 and/or imprisonment not exceeding five days any person found and adjudged to be in contempt of court and shall have po…

Municipal judges are authorized to issue arrest and search warrants for municipal ordinance violations returnable to the municipal court and for violations of state law returnable to any state court. (Acts 1975, No. 1205, p. 2384, §8-110.)

(a) The salary of the municipal judges shall be fixed from time to time by the municipal governing body and paid by the municipality, but no judge’s salary shall be diminished during his term of office. (b) A general increase in the compensation of all or substantially all city e…

In the event of the absence from the municipality, death, disability or disqualification of a municipal judge for any reason, the mayor of the municipality shall have the authority to designate a person, licensed to practice law in the state and a qualified elector of the state, …

The municipal court may have under its supervision a municipal court administrative agency empowered to provide expeditious service in connection with administrative adjudication of ordinance violations, the handling of uniform traffic tickets and complaints, the issuance of arre…

(a) The magistrates shall be considered the chief officers of the municipal court administrative agency. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates by class or position and, in addition thereto, provide for the appointment of other…

The Supreme Court shall provide rules of administration for such administrative agency, including the bonding of all officials who will be handling money. (Acts 1975, No. 1205, p. 2384, §8-110.)

In those instances in which a municipal court clerk or municipal court magistrate of any municipality is employed by another municipality within 24 months after completing the certification requirements pursuant to Rule 18 I.(B)(3) of the Alabama Rules of Judicial Administration,…

(a) Each municipal court clerk, within six months after taking office, shall enroll in a municipal court magistrates’ certification program approved by the Administrative Director of Courts. Each municipal court magistrate who is not a municipal court clerk shall enroll in the ce…

(a) All appeals from judgments of municipal courts shall be to the circuit court of the circuit in which the violation occurred for trial de novo. (b) The municipality may appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance invalid. (c…

From the judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or the defendant in any case, may appeal to the court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the…

(a) The governing body of any municipality may establish or abolish a pretrial diversion program for that municipality and may provide for the assessment and collection of fees for the administration of such program. (b) Any pretrial diversion program established pursuant to this…

(a) A person charged with a criminal offense under the jurisdiction of the municipal court in a municipality that has established a pretrial diversion program may apply to the court for admittance to the program. (b) Upon receipt of the application and recommendation of the munic…

If, on May 24, 2013, a municipal pretrial diversion program, or an equivalent, has been established by local law, the municipal governing body of the municipality governed by such local law may choose to come under the provisions of this article or continue under the provisions o…

This article shall apply to municipalities with a municipal court established pursuant to this chapter. (Act 2022-425, §1.)

(a) The Administrative Office of Courts shall annually collect the following data from each municipal court: (1) The total court cases for the fiscal year, established by the court management system. (2) The total amount of municipal revenue collected by the municipal court and t…

(a) By January 1, 2023, the Department of Finance shall create an electronic version of the monthly report form pursuant to Section 12-1-19. (b) Commencing January 1, 2023, any clerk responsible for preparing the monthly report shall file the report electronically. (c) Commencing…

(a) Any municipal court that fails to submit the data required in this article within 60 days of the due date shall forfeit any fees and costs collected by the court that would otherwise remain with the municipal court or municipality until the data is submitted. Any forfeited fe…

(a) By January 1, 2025, all municipal courts shall use one of the following: (1) The state judicial information system approved for the Unified Judicial System by the Administrative Office of Courts. (2) A court information system in which the court software provider is properly …