Title 12 — Title 12

Generally. Each county shall constitute a district and shall have one resident district judge, except that: (1) Lee, Etowah, Russell, Talladega, Tuscaloosa, Walker, Houston, Dale, Marshall, Cullman, Chambers, Elmore, Limestone, St. Clair, and DeKalb Counties shall each have two r…

More Than One Judge Elected. In districts with more than one district judge, each position shall be numbered and designated on primary and general election ballots. History: (Acts 1975, No. 1205, p. 2384, §4-113.)

Candidates seeking to be elected as a district court judge shall be licensed to practice law in this state and shall file all necessary documents of qualification with the Secretary of State as provided by law. History: (Acts 1975, No. 1205, p. 2384, §4-113.)

Each district judge must have resided in the district from which he is elected, appointed or commissioned for at least 12 months preceding his election or appointment and must reside in such district during his continuance in office. History: (Acts 1975, No. 1205, p. 2384, §4-113…

Each district judge, except for judges filling positions pursuant to Section 12-17-66, shall be elected for a term of six years by the qualified voters of the district which he is to serve. History: (Acts 1975, No. 1205, p. 2384, §4-113.)

(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 posit…

(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…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-441 EFFECTIVE OCTOBER 1, 2021. History: (Acts 1975, No. 1205, p. 2384, §4-114.)

Judges shall have a primary duty to serve the district to which they are elected. History: (Acts 1975, No. 1205, p. 2384, §4-113.)

Cases in Districts Having More Than One Judge. 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 cas…

by State. 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 Secti…

(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. History: (Code 1852, §649; Code 1867, §766; Code 1876, §670; Code 1886, §766; Code 1896, §9…

The official bond of the clerk of the circuit court shall in no case be less than $5,000.00. History: (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. History: (Code 1852, §604; Code 1867, §774; Code 1876, §677; Code 1886, §771; Code 1896, §937; Code 1907, §3275; Code 1923, §6729; C…

Bail Given. 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 pard…

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…

(a) There is hereby created and established a continuing fund to be known as the Judicial Retirement Fund. (b) The fund shall be made up from contributions from justices of the Supreme Court, supernumerary justices of the Supreme Court, judges of the Court of Civil Appeals, judge…

Judges of Courts of Appeals, and Judges of Circuit Courts; Interim Active Duty Status; Removal from Active Duty. (a) The retirement benefit payable to a justice of the Supreme Court or judge of one of the courts of appeals retiring pursuant to Section 12-18-6(a)(2), (3), (4), or …

Which Entitled to Credit Toward Supernumerary Status in Position Other Than as Circuit Judge. Any judge of a circuit court holding office on September 18, 1973 who is entitled to credit for prior service toward earning supernumerary status in a position other than as a circuit ju…

Procedure. (a) Any member of the Judicial Retirement Fund, who, not more than one year prior to becoming a member of the Judicial Retirement Fund, was a member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama may elect to transfer to th…

Requirements; Adjusted Benefits; Formulas; District or Probate Judges Excepted; Spouses Benefits. (a) Any member of the Judicial Retirement Fund of Alabama whose creditable service and contributions have been certified and transferred to the Judicial Retirement Fund, shall be ent…

Adjusted Benefit Formulas; Spouse’s Benefits. In the event a member of the Judicial Retirement Fund, who is a district judge, or a surviving spouse thereof, must employ and count creditable service transferred under this article to qualify for retirement and/or benefits under the…

Adjusted Benefit Formulas; Spouse’s Benefits. In the event a member of the Judicial Retirement Fund, who is a probate judge, or a surviving spouse thereof, must employ and count creditable service transferred under this article to qualify for retirement and/or benefits under the …

The provisions of this article are cumulative and supplemental to other law or laws relating to this subject and shall not be construed to repeal any law or part of law not directly in conflict herewith. History: (Acts 1980, No. 80-461, p. 714, §5.)

Offices. Should there hereafter be created a different or additional state judicial office, for which officeholders receive compensation from the State Treasury, then the provisions of this article shall be applicable to such state judicial officeholders; provided, however, that …

The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith. History: (Acts 1973, No. 1163, p. 1948, §13.)

This article does not apply to anyone who assumed office as a justice of the Supreme Court, a judge of the Court of Civil Appeals, a judge of the Court of Criminal Appeals, or a circuit judge before July 30, 1979. This article also does not apply to anyone who assumed office as a…

Notwithstanding Section 12-18-40 or 12-18-55, any justice of the Supreme Court, any judge of the Court of Civil Appeals, any judge of the Court of Criminal Appeals, any circuit judge, or any district judge who has served for not less than 25 years on any one or more of such court…

With the exception of justices of the Supreme Court and judges of the appellate courts, circuit courts, and district courts who assumed office prior to July 30, 1979, and who are exempted from Section 12-18-40, and this article, the retirement pay or benefits of any justice or ju…

Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, or district judge who has 24 years of creditable service in the Judicial Retirement Fund of Alabama may elect to purchase credit in the Judicial Retiremen…

The provisions of this article are cumulative and supplemental to other statutes or laws relating to judicial retirement and shall not be construed to repeal any law or part of law not directly in conflict herewith. Nothing herein shall be construed to eliminate, reduce, or modif…

The Board of Control of the Employees’ Retirement System of Alabama is authorized to implement any new accounting procedures, funds, or administrative changes and to provide for the payment of benefits to members or beneficiaries of the retirement fund as may be necessary to ensu…

When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum of all the amounts deducted from the compensation of a member credited to his or her individual a…

There is hereby created and established the Judges’ and Clerks’ Plan under the Judicial Retirement Fund. History: (Act 2015-498, §3.)

(a) Every judge or clerk first elected or appointed to his or her position on or after November 8, 2016 who is not a member of the Judicial Retirement Fund or Clerks’ and Registers’ Supernumerary Fund on November 7, 2016 shall come under this article by operation of law. The plan…

(a) Any active and contributing member of the Judges’ and Clerks’ Plan who, not more than one year prior to becoming a member of the plan was a member of the Employees’ Retirement System of Alabama or the Teachers’ Retirement System of Alabama, may elect to transfer his or her me…

(a) Any member who withdraws from service upon or after attainment of age 62 may retire upon written application to the Board of Control setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he or she desires to be…

(a) Upon application of an active and contributing member, any such member who has 10 or more years of membership service who becomes disabled may be retired on a disability retirement allowance by the Board of Control not less than 30 days nor more than 90 days next following th…

(a) Should a member cease to be a judge or clerk except by death or by retirement under the provisions of this article, the contributions standing to the credit of his or her individual account in the fund shall be paid to him or her upon demand and, in addition to that payment, …

Any member of the plan who is retired and who has selected a survivor option may cancel the survivor allowance payable to his or her designated beneficiary. Such election shall be in accordance with the rules and regulations prescribed by the Board of Control and once made by the…

(a) Any member who, at the time of his or her retirement is a member of and holds a policy in any state group hospitalization or health insurance plan, may in writing authorize the Secretary-Treasurer of the state retirement system to withhold from his or her retirement pay a suf…

The Judges’ and Clerks’ 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…

All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation. History: (Act 2015-498, §12.)