Title 12

(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…

(a) For the purposes of this section, the following terms have the following meanings: (1) ANNIVERSARY DATE. Annually, the first Monday after the second Tuesday in January. (2) CIRCUIT CLERKS. All circuit clerks in the Unified Judicial System and the Deputy Circuit Clerk of the B…

Notwithstanding any other provision of law, for the purpose of determining the salary of any circuit clerk pursuant to Section 12-17-81, years of service under Section 12-17-81 shall include any prior service credit purchased toward supernumerary status as a circuit clerk pursuan…

The offices of the circuit clerks shall be at the courthouses of their respective counties. Vacancies in such an office shall be filled in accordance with Constitutional Amendment No. 328. (Code 1852, §649; Code 1867, §766; Code 1876, §670; Code 1886, §766; Code 1896, §932; Code …

The official bond of the clerk of the circuit court shall in no case be less than $5,000.00. (Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §88.)

Each circuit clerk shall be compensated by the state at a salary established by law; provided, however, that any supplemental salary now provided to circuit clerks by their respective counties on May 28, 1980, shall not be diminished; and provided, further, that any county may, p…

Clerks of the circuit court have authority: (1) To administer oaths and take acknowledgments and affidavits in all cases in which the authority to administer such oath or take such affidavit is not confined to some other officer. (2) To appoint deputies, with full power to transa…

(a) The duties of the clerks of the circuit court include all of the following: (1) To sign and issue all summons, subpoenas, writs, executions, and other processes, under the authority of the court. (2) To keep a consolidated docket sheet of civil and criminal cases, the names o…

When any clerk receives payment of a judgment, he shall collect the costs and commissions of the sheriff, if execution has issued on such judgment. (Code 1852, §604; Code 1867, §774; Code 1876, §677; Code 1886, §771; Code 1896, §937; Code 1907, §3275; Code 1923, §6729; Code 1940,…

The clerk of any circuit court shall, without delay, certify a copy of any indictment in his court against a convict sentenced to the penitentiary or to hard labor for the county to the head of the department having supervision over convicts; and such convict, if pardoned for the…

Any clerk of the circuit court, having in his hands, at the expiration of his term of office, any money held by him, subject to the further order or judgment of any court, shall, on demand, pay the same to his successor in office; and, upon such payment, he shall be discharged fr…

At the general election held on the first Tuesday after the first Monday in November, 1982, and every six years thereafter, there shall be elected by the qualified voters of the territory over which the circuit court of the tenth judicial circuit sitting at Bessemer has and exerc…

In addition to any salary paid by the state, each elected deputy circuit clerk shall be paid a supplemental salary from the county at a rate equal to 50 percent of the supplemental salary paid by the county to each circuit judge; provided, that the total salary of such elected de…

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…

(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 of the clerk of the circuit court or the judges of the district court. When the Supreme Court authori…

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. (Code 1852, §722; Code 1867, §854; Code 1876, §770; Code 1886, §4245; Code 1896, §5514; Code 1907, §7779; Cod…

(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…