Title 12 — Title 12

The District Attorneys’ Plan shall be under the management and supervision of the Employees’ Retirement System as a component of the Judicial Retirement Fund, with all contributions to the plan deposited and held in the same manner as contributions to the Judicial Retirement Fund…

The presiding judge of a circuit shall be elected by a majority vote of circuit judges in the circuit. In the event of the failure of any judge to receive a majority vote, the Supreme Court shall provide by rule for selection of the presiding judge. History: (Acts 1975, No. 1205,…

(a) The Office of Prosecution Services is hereby established. (b) It shall be the purpose of the Office of Prosecution Services to assist the prosecuting attorneys throughout the state in their efforts against criminal activity in the state. Such assistance may include: (1) The o…

State Retirement Benefits. There shall be an executive director of the Office of Prosecution Services and whatever staff is necessary to carry out the purpose of this office. Such director and employees shall not be subject to the provisions of the State Merit System Act but shal…

The Executive Committee of the Alabama District Attorneys Association shall appoint the executive director, shall fix the conditions of employment and tenure in office, and shall be responsible for the efficient discharge of his or her duties, all in accordance with the constitut…

It is the intention of the Legislature that the Office of Prosecution Services be funded from the several district attorney or solicitor funds of all 39 judicial circuits. This article hereby authorizes the lawful custodians of such funds to contribute moneys for the administrati…

For the purposes of Section 41-19-10, the Office of Prosecution Services is considered within the same program as the offices of district attorneys. Upon approval of the finance director, transfers of any budget excesses from district attorneys objects of expenditures may be made…

Anything in this article to the contrary notwithstanding, the Office of Prosecution Services may not exercise any power, supervisory or otherwise, undertake any duty or perform any function presently or hereafter assigned by law to the Governor of this state, the Attorney General…

(a) There shall be created the position of a domestic violence resource prosecutor at the Office of Prosecution Services to be fully funded through the Department of Economic and Community Affairs at eighty thousand dollars ($80,000) per year. (b) The domestic violence resource p…

The presiding circuit judge shall exercise a general supervision of the judges, clerks, registers, court reporters, bailiffs, sheriffs and other court employees of the circuit and district courts within the circuit, except employees of the clerk, and see that they attend strictly…

(a) Except as provided in subsection (c), the presiding circuit judge of any judicial circuit may establish by means of a written order, a family court division or divisions of the judicial circuit. The presiding circuit judge shall assign one or more of the existing circuit or d…

(a) The Family Court Division of the Circuit Court of the 37th Judicial Circuit shall handle all cases and proceedings involving divorces, annulments of marriages, custody and support of children, granting and enforcement of alimony, proceedings under any reciprocal non-support a…

Any judge shall, whenever he deems it necessary, call on the Chief Justice of the Supreme Court to assign one or more judges to relieve the judges who need assistance in clearing dockets, civil and criminal. History: (Acts 1915, No. 712, p. 809; Acts 1919, No. 321, p. 275; Code 1…

Thereof; Persons Deemed Officials of Agency; Judicial Powers Thereof Generally. The district court shall have under its supervision a district court administrative agency empowered to provide expeditious service in connection with administrative adjudication of minor misdemeanors…

of Magistrates. (a) The magistrates shall be considered the chief officers of such administrative agency, subject to the administrative direction of the clerk of the district court. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates by cla…

The Supreme Court shall provide rules of administration for such administrative agency, including the bonding of all officials who will be handling money. History: (Acts 1975, No. 1205, §4-106.)

Constitution to Become Magistrates for Duration of Unexpired Terms as Judges; Salaries of Such Judges. In the event that there exists within the State of Alabama a judge of a court inferior to the circuit court in any county, municipal judges excluded, who is not qualified under …

Circuit judges have the following authority and duties: (1) To grant stays of proceedings and writs of certiorari, quo warranto, mandamus and all other remedial and original writs which are grantable by judges at common law. (2) To grant writs of injunction and ne exeat, returnab…

If there exists within the State of Alabama judges or former judges of a court inferior to the circuit court in any county, municipal judges excluded, who, elected to become a magistrate under Section 4-106(g)(4) of Act No. 1205, S. 400, 1975 Regular Session (Acts of 1975, p. 238…

Any former magistrate who is qualified to become a supernumerary magistrate under any of the provisions of this article may elect to become a supernumerary magistrate of the district court of the county in which said magistrate served as such official at any time within one year …

Every such supernumerary magistrate shall serve for life and receive in equal monthly installments on the first of each month an annual salary to be paid by the state in an amount equal to 50 percent of the salary paid from time to time to supernumerary district attorneys under A…

Supernumerary Magistrate; Payment of Percentage of Salary Earned as Judge or Magistrate; Oath of Office; Appointment of Supernumerary Magistrate to Fill Vacancy. A former magistrate electing to come under the provisions of this article shall notify the Administrative Director of …

Prior service credit may be obtained by any former magistrate who is entitled to take advantage of this article for years served in his individual capacity as magistrate or judge of any inferior court, municipal judges excluded, by contributing an amount equal to six percent of h…

In the event of the death of any supernumerary magistrate in whose favor a monthly retirement allowance is accruing, his spouse shall be entitled to a monthly allowance equal to 50 per centum of the retirement allowance the supernumerary magistrate was receiving when he died, as …

Whenever a circuit judge has jurisdiction of any case, it shall not be necessary for him to be in the judicial circuit in which the case is pending to make interlocutory or final orders or judgments in said case, but any such order or judgment may be made by said judge in any par…

Each of the judges of the circuit courts of this state shall appoint a competent person to perform the duties of official court reporter of the courts in the circuit over which said judge presides. No two or more judges shall appoint the same court reporter. The official court re…

Administrative Director of Courts. Positions for court reporters existing on October 10, 1975, shall continue as provided by law. Additional positions for court reporters in the circuit and district court may be authorized by the Administrative Director of Courts upon recommendat…

Special roving reporters may be appointed and serve at the pleasure of the Administrative Director of Courts on either a part-time or full-time basis and shall perform duties at places and in such manner as prescribed by the Administrative Director of Courts. The rate of compensa…

Before any official court reporter, special reporter or roving reporter shall enter upon the duties of his office, he must subscribe to an oath to support the constitution and laws of the State of Alabama and to faithfully perform all the duties of such office. History: (Acts 191…

(a) An official court reporter shall be paid a salary by the state in an amount as shall be established by law, to be paid as other state employees are paid. (b)(1) In addition to the salary paid by the state, each official court reporter shall be paid a salary by the counties co…

The official court reporter shall attend in person, except as otherwise herein provided, the sessions of court held in the circuit for which he is appointed, and in every case, where directed by the judge or requested by a party thereto, he shall take full stenographic notes of t…

Notwithstanding any statutes existing on October 10, 1975, which prescribe fees to be paid to court reporters for producing transcripts of their stenographic notes, the amounts of these fees may be fixed and adjusted by the Supreme Court at such times as it shall determine. Histo…

In all cases reported by an official court reporter or special reporter, there shall be taxed, as part of the costs of the case, a fee of $5.00 for each day or fraction thereof that such reporter shall be engaged in reporting a case, to be collected as costs as in other cases and…

Judges of circuit courts may grant writs of certiorari directed to judges of district and municipal courts in all cases where appeals lie from such courts to the circuit court. History: (Acts 1915, No. 821, p. 941; Code 1923, §6711; Code 1940, T. 13, §184.)

When any circuit judge fails to attend, the court stands adjourned from day to day until the judge or another circuit or special judge appears to open and hold the court. History: (Code 1852, §633; Code 1867, §751; Code 1876, §660; Code 1886, §759; Code 1896, §922; Code 1907, §32…

While in service as an official circuit court reporter of the State of Alabama, any such reporter who is not a participating member of the Employees’ Retirement System of Alabama: (1) Who has a minimum of 12 years as a reporter of any probate court having equity jurisdiction or a…

Such supernumerary circuit court reporter shall take the oath of office prescribed by the Constitution for judicial officers and shall have and exercise all the duties, power and authority of official circuit court reporters of the circuit courts of Alabama and shall, upon reques…

(a) Every supernumerary court reporter shall serve for life and receive annually a salary equal to 50 percent of the state salary payable to the highest paid official court reporter, unless the salary paid to the highest paid official court reporter becomes less than the salary o…

There is appropriated out of any funds in the State Treasury not otherwise appropriated such sum or sums as may be necessary to pay the salaries of supernumerary circuit court reporters provided for and commissioned under this division. History: (Acts 1961, No. 817, p. 1204, §5.)…

Other Than Principal Court Site. Court employees, including, but not limited to, active and supernumerary court reporters, clerks, registers and persons employed in those offices, shall be reimbursed by the state in the same manner as state employees generally for their expenses …

Supplements. (a) Circuit judges shall receive an annual state salary in the amount of $34,000 commencing October 1, 1979. (b) The provisions of this section shall not apply to Section 12-17-68 and Section 12-17-92. (c) Any salary supplement received by any circuit judge or distri…

Administrative Director of Courts. Positions for bailiffs existing on October 10, 1975, shall continue as provided by law. Additional positions for bailiffs in the circuit and district court may be authorized by the Administrative Director of Courts upon recommendation of presidi…

The number of bailiffs and the rate of compensation for each bailiff shall be established and fixed by the Administrative Director of Courts upon recommendation of the presiding circuit judge. History: (Acts 1977, No. 20, p. 28; Acts 1978, No. 821, p. 1207, §4.)

Recommendations. (a) The Administrative Director of Courts may authorize one or more referee positions in any judicial circuit on either a full-time or a part-time basis upon submission of a written request by the presiding circuit court judge and upon consideration of funding an…

(a) Classified positions of secretaries existing under local government merit systems. Classified positions of secretaries existing under local government merit systems in those circuits having 15 or more circuit judges, serving the courts on October 10, 1975, shall be subject to…

(a) Positions authorized and existing on June 1, 1975. Each circuit clerk who is authorized the position of confidential or private secretary as of June 1, 1975, shall be entitled to keep such position. Such confidential secretary shall be appointed and serve at the pleasure of t…

(a) Retirement. - Employees of the circuit and district court, hereinafter “eligible employees,” shall, on the date they join or joined the state personnel system, be covered by the Employees’ Retirement System of Alabama; provided, that an employee who on that date is covered by…

Supernumerary Status. (a) All laws dealing with the eligibility of judges of the circuit court to assume duties and obligations, and to claim and receive benefits, as supernumerary judges are, as to all persons who were eligible to assume such duties and obligations and claim and…

Courts Under Certain Conditions. In the performance of any duties provided for by Sections 12-17-94(a) and 12-17- 251(c), every magistrate and clerk of the circuit and district courts of this state shall have absolute judicial immunity from any liability arising from the executio…

District court boundaries, for the purpose of election of district court judges, shall be coterminous with county boundaries unless otherwise provided in Section 12-17- 61; provided, that the geographic area for the purpose of election of district court judges shall not alter or …