Title 45

The office of Clerk of the Madison County Court and clerk of any court successor to the jurisdiction of the Madison County Court is hereby abolished. The Clerk of the Circuit Court, Twenty-third Judicial Circuit shall be ex-officio Clerk of the Madison County Court or of any cour…

The Clerk of the Twenty-third Judicial Circuit shall appoint the person now serving as Clerk of the Madison County Court as a deputy circuit court clerk. The person shall serve as a deputy circuit court clerk under the Madison County Personnel Act, provided that the compensation …

(a) The office of Court Administrator of the Twenty-third Judicial Circuit of Alabama is redefined as provided in this section. On May 10, 2012, but not less than five days thereafter, the presiding circuit judge of the Twenty-third Judicial Circuit shall nominate for appointment…

All fees, commissions, and other compensation of every nature heretofore paid to or collected by the Circuit Court Clerk, Register in Chancery, or Clerk of the Madison County Court in Madison County, except the compensation herein provided for or fixed by the Madison County Perso…

The three deputy circuit court clerks herein provided for shall work under the supervision of the circuit court clerk. (Acts 1973, No. 1040, p. 1627, § 7.)

The purposes of this subpart are to effect efficiency and economy in the operation of the courts of Madison County, but it is the will of the Legislature that this subpart be implemented in a spirit of understanding and compassion for the capable and loyal personnel now serving i…

The Clerk of the Twenty-third Judicial Circuit of Alabama shall receive an annual salary of seventeen thousand seven hundred dollars ($17,700) per annum for the fiscal year beginning October 1, 1973, eighteen thousand nine hundred dollars ($18,900) per annum for the fiscal year b…

Of the fifteen dollar ($15) execution fee on each application for a passport allowed under the provisions of 22 U.S.C. § 214, as implemented by regulations of the United States Department of State, the Circuit Clerk of Madison County may collect and retain five dollars ($5) and s…

Every person engaged in the business of making bail bonds in Madison County, Alabama, in addition to the twenty-five thousand dollar ($25,000) surety requirement of Section 15-13-22, shall be required to furnish a bond with corporate surety in an amount to be set by the Clerk of …

(a) Any law enforcement agency of Madison County that is in possession of seized currency which it intends to make part of a forfeiture proceeding in the circuit court, at the election of the law enforcement agency, may deliver the currency to the circuit clerk for deposit with a…

Each supernumerary court reporter of the Twenty-third Judicial Circuit in Madison County, Alabama, is hereby entitled to and shall be paid a county salary supplement in an amount equal to 40 percent of his or her annual salary as paid by the State of Alabama. Such county suppleme…

Each of the court reporters of the Twenty-third Judicial Circuit in Madison County, Alabama, is hereby entitled to receive a county supplement in an amount equal to 42 percent of his or her annual salary as paid by the state effective October 15, 1991. When applicable, the supple…

(a) The presiding circuit judge of the Twenty-third 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 district judges to presid…

(a) Any circuit judge or retired circuit judge in the Twenty-third Judicial Circuit shall have the right of election to come under this section. Any judge who elects to make the contributions provided in subsection (b) shall upon retirement be entitled to receive as additional co…

(a) In order to provide for the protection and welfare of children in Madison County who are alleged to be or have been found by the juvenile court of the county to be abused or neglected or otherwise dependent as defined by Section 12-15-102, there is levied and imposed a court …

(a) In all cases in the municipal, juvenile, district, and circuit courts in Madison County and the Twenty-third Judicial Circuit, a docket fee, hereinafter referred to as a district attorney’s fee, shall be assessed in each case. The fees, when collected, shall be distributed mo…

(a) The governing body of Madison County, by resolution thereof, shall have the power to maintain and provide parking for the use of the jurors; and shall have the power to appropriate such funds as are necessary and appropriate for such purpose. All resolutions providing parking…

(a) In all criminal and juvenile delinquency cases in the circuit and district courts of Madison County wherein the defendant or the juvenile is charged with a violation of the Alabama Uniform Controlled Substances Act the clerk of the respective court shall charge and collect a …

The governing body of Madison County by resolution thereof shall have the power to establish and maintain a county law library in the Madison County courthouse for the use and benefit of the county and state officials, court system, and the public; and shall have the power to app…

The governing body of Madison County having a county law library under existing laws on July 24, 1991, may come under this subpart by resolution thereof, upon request of the presiding circuit judge, and the filing of the copy of the resolution with the Secretary of State and the …

In return for the Madison County Law Library serving the legal materials needs of the county, and of court officials, and of the citizens of the county, the Madison County governing body may furnish adequate space and utilities for the Madison County Law Library established under…

Municipal governing bodies in Madison County may appropriate funds or property to the Madison County Law Library in consideration of the law library making its holdings available to the citizens of the municipalities. (Act 91-336, p. 654, § 4.)

Upon the establishment of the Madison County Law Library, or the continuance of the present county law library under this subpart, the presiding judge of the circuit, or a district or circuit judge designated by him or her, may appoint a full or part-time county law librarian or …

The presiding circuit judge for the county, or the county law librarian by designation of the presiding circuit judge, shall administer the county law library and shall disburse the law library funds, and shall appoint such librarians and assistants as are necessary for the prope…

Upon the establishment of the Madison County Law Library under this subpart, Madison County shall have and maintain a separate fund known as the Madison County Law Library Fund and may have a separate law library fund for each law library in the county. The county law library fun…

The Madison County Law Library shall have the power to receive gifts, grants, and to exchange books and other materials with other libraries and may furnish the legal needs of books, materials, and copies to the county officials and circuit, probate, and district court officials …

For the support and maintenance of the Madison County Law Library established under this subpart a library fee of four dollars ($4) shall be paid in all criminal causes and cases of whatever nature and a library fee of two dollars ($2) shall be paid in all civil causes and cases …

The Madison County Law Library shall be on the distribution list of the Secretary of State to receive one set each of the Acts of Alabama and the Code of Alabama and the supplements thereto. (Act 91-336, p. 654, § 10.)

The Madison County Law Library is a part of a network of law libraries with the state-supported law libraries and the non-state-supported law libraries on a voluntary basis, for their mutual benefit. (Act 91-336, p. 654, § 11.)

The state, counties, and state agencies have the authority to transfer, give, or lend books, or property, and materials to the Madison County Law Library; and the county law library has the authority to transfer books, property, and materials to the state, counties, state agencie…

This subpart shall be known and cited as the Madison County Preservation of Justice Act. (Act 2004-262, p. 362, § 1.)

The Legislature hereby finds and declares the following: (1) The Madison County Judicial System faces a severe crisis. The Twenty-third Judicial Circuit has the highest caseload in Alabama. The number of criminal cases has doubled during the last five years, resulting in a backlo…

In addition to any court costs and fees authorized in the district and circuit courts of Madison County, there shall be assessed and collected the following additional court costs and fees: (1) In district court cases, as follows: a. Civil, excluding small claims, twenty-five dol…

Nothing contained in this subpart shall impair the authority of a circuit or district judge to waive or to remit court costs or fees upon the sworn and valid showing of substantial financial hardship. (Act 2004-262, p. 362, § 4.)

(a) The additional court costs or fees collected by the Circuit Court Clerk of Madison County shall be deposited into the Judicial Administration Fund, which is hereby created. (b) It is the intent of the Legislature that the Madison County Commission use the proceeds from the Ju…

When the Administrative Office of Courts or the Office of Prosecution Services resumes funding for all of the employees affected by this subpart, the balance in the Judicial Administration Fund shall be deposited in the Madison County General Fund and appropriated by the Madison …

If the Administrative Office of Courts refuses to enter into or withdraws from a memorandum of understanding to receive the appropriation and maintain the employees of the Twenty-third Judicial Circuit, then the county commission shall use a portion of the Judicial Administration…

The Madison County Circuit Court Clerk shall remit the costs collected under this subpart to the Judicial Administration Fund of Madison County on the last day of each month, with the first payment due on the last day of the month following April 21, 2004. (Act 2004-262, p. 362, …

This subpart may not be construed to require the Madison County Commission to expend or appropriate any funds other than the proceeds of the fees and court costs provided for by this subpart and deposited in the Judicial Administration Fund. (Act 2004-262, p. 362, § 9.)

(a) All district attorney’s fees taxed as costs and collected in all criminal cases in Madison County and the Twenty-third Judicial Circuit shall be paid into a separate fund in a depository designated by the district attorney and shall be known as the District Attorney’s Fund. T…

(a) The special services division of the district attorney’s office may notify those individuals charged with violating Section 13A-9-13.1, by mail, that a warrant has been issued for the arrest of that individual and may (command) request that that individual appear and voluntar…

(a) The District Attorney for the Twenty-third Judicial Circuit is hereby authorized to appoint investigators for the office. (b) Compensation of the investigators shall be set by the district attorney. (c) The investigators for the Twenty-third Judicial Circuit shall have the sa…

(a) The District Attorney of the Twenty-third Judicial Circuit of Alabama, in his or her discretion, may establish a Pretrial Intervention Program (PTIP). (b) The District Attorney of the Twenty-third Judicial Circuit shall retain all discretionary powers endowed by the common la…

(a) Any person charged with a criminal offense whose jurisdiction is in the circuit or district court of the Twenty-third Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-third Judicial Circuit for admittance to the PTIP. No persons charged with a Clas…

(a) Intervention shall be appropriate where: (1) The offender is 18 years of age or older at the time the alleged offense was committed. (2) There is a likelihood justice will be served if the offender is placed in an intervention program. (3) It is determined the needs of the st…

(a) Prior to being admitted to the PTIP, or as a part of the district attorney’s evaluation process, an applicant may be required by the district attorney to furnish information concerning the past criminal, educational, and work record, family history, medical or psychiatric tre…