Title 45

In Montgomery County, all court reporters in the Fifteenth Judicial Circuit appointed and holding office under the provisions of law applicable thereto, in addition to any other salary provided by the state, shall receive a total additional salary supplement in the amount of fift…

(a) In Montgomery County, a booking fee in the amount of twenty dollars ($20) shall be assessed by the clerk of the court as court costs against each criminal defendant incarcerated in or booked in the Montgomery County Detention Facility if the defendant is convicted or pleads g…

(a) The District Attorney for the Fifteenth Judicial Circuit is hereby authorized to appoint a chief investigator for such office. Such additional investigators may from time to time be appointed as the district attorney and the governing body of the county comprising the circuit…

The following words or phrases when used in this part shall mean: (1) ACCUSATORY INSTRUMENT. Any warrant of arrest, information, or grand jury indictment. (2) DEFERRED PROSECUTION. The suspension of prosecution prior to indictment for a specified period of time upon the request o…

The District Attorney for the Fifteenth Judicial Circuit is specifically endowed with and shall retain all of his or her discretionary powers under the common law. The district attorney shall have the prosecutorial discretion as defined herein or any which he or she has under the…

The district attorney may utilize such discretion to screen or divert such cases out of the criminal justice system when he or she feels that the advantages of such diversion, or preprosecution probation, would outweigh the advantages of prosecution. Among the factors which may b…

(a) The Presiding Judge of the Criminal Division of the Fifteenth Judicial Circuit may appoint a committee or advisory commission comprised of at least seven citizens of counties within the circuit which shall be known as the Citizens Advisory Commission on Prosecution. The commi…

Prior to or upon the issuance of any accusatory instrument other than an indictment charging any defendant with an offense other than an offense enumerated in Section 45-51-82.26, the district attorney, in his or her discretion, upon the request of the defendant, may withhold pro…

During that period the district attorney may impose conditions upon the behavior and conduct of the defendant which assures the safety and well being of the community as well as that of the defendant. Included among those conditions which may be imposed by the district attorney, …

Persons charged with the following criminal conduct shall not be eligible for participation in any preprosecution diversionary program instituted under this part. (1) Abduction and kidnapping. (2) Arson. (3) Blackmail. (4) Bribery by or of a public official. (5) Burglary in the f…

Prior to the issuance of an indictment by a grand jury, the responsibility and authority for the decision to screen or divert cases, or to refuse to screen or divert particular cases, shall rest within the sole judgment and discretion of the district attorney for the circuit. Aft…

Any defendant voluntarily participating in such a program shall have the right to: (1) Insist on criminal prosecution at any time the prosecution for the offense for which he or she is charged is pending, and to have a circuit court judge determine whether any pressure or coercio…

In conducting such a program, the district attorney for the circuit shall have the right to: (1) Insist at any point upon the reinitiation of criminal proceedings, when, in his or her judgment, such action would be desirable. (2) The services of available probation workers within…

(a) After the completion of the preprosecution or pretrial diversionary period and the conditions imposed upon the defendant to the satisfaction of the district attorney, a defendant participating in such programs shall be entitled to a non-criminal disposition of the charges aga…

(a) At the request of the defendant, the district attorney for the circuit may file in the circuit courts of such circuit or elsewhere as necessary, petitions seeking the expunging or purging of all records against an accused for the diverted offense, provided, however, the accus…

(a) A defendant admitted into the program shall be assessed a fee up to one thousand dollars ($1,000), with the fee to be set by the circuit judge and paid to the county commission earmarked for the operation of the pretrial diversion program. The fee for admittance into the prog…

The district attorney for the circuit, in his or her discretion, may use or expend monies from the district attorney fund for any or all of the costs of the program. (Acts 1978, No. 706, p. 1015, § 14.)

Each district judge in the Fifteenth Judicial Circuit, in addition to the salary paid by the state, shall receive a supplemental salary from the general fund of the county composing the judicial circuit. The supplemental salary shall at all times equal 90 percent of the total sup…

(a) The per annum compensation shall be eighty-eight thousand dollars ($88,000) for the judge of probate effective October 1, 1996. (b) The compensation amount in subsection (a) shall be paid out of the general fund of the Montgomery County Commission in the same manner as other …

(a) The Judge of Probate of Montgomery County may appoint from the qualified electors of Montgomery County one or more temporary judges of probate to serve contemporaneously with him or her when the elected judge of probate finds that the temporary appointments are necessary beca…

The purpose of this subpart is to facilitate the use of public records in property transactions in Montgomery County by providing for the installation of an improved system of recording, archiving, and retrieving instruments and documents affecting the title to real and personal …

The following words and phrases, when used in this subpart, shall have the following meanings: (1) GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal property as well as real property. (2) IMPROVED RECORDING SYSTEM. A system of recording re…

The judge of probate may provide for the installation or enhancement, or both, and thereafter for the maintenance of an improved recording, archiving, and retrieval system in the Probate Office of Montgomery County. The initial installation of the improved recording, archival, an…

Following the installation or enhancement of any system, real property instruments, personal property instruments, and other documents and records to be recorded, archived, and retrieved with computer-generated files or to be stored and filed on either optical disk or on paper, a…

All laws of Alabama relating to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and other instruments and records that may constitute part of an improved recording, archiving, and retrieving syste…

The costs of installation or enhancement of any system shall be paid entirely out of the special recording fees. Nothing contained in this section, however, shall prohibit the county from using any part of its own funds for the purpose of paying the costs of purchasing, operating…

Effective immediately after June 1, 2012, a special recording and filing fee of five dollars ($5) shall be paid to and collected by the Judge of Probate of Montgomery County, with respect to each real property instrument, each personal property instrument, and each Uniform Commer…

The fees collected pursuant to this subpart shall be controlled by the sole discretion of the judge of probate and shall be audited by the Department of Examiners of Public Accounts. Records of the expenditures shall be open to the public on a continuous basis. All costs of the a…

All funds held on June 1, 2012, in a special account in the county treasury for the operation of an improved indexing and recording system in the office of the judge of probate pursuant to Act 591 of the 1965 Regular Session (Acts 1965, p. 1104), as amended, shall be transferred …

(a) Any individual who is a resident of Montgomery County and who has made a will may file the will in the office of the Judge of Probate of Montgomery County. (b) The judge of probate shall maintain a docket in which he or she shall register the will, the date on which the will …

(a) The Judge of Probate of Montgomery County may conduct fundraising events, including, but not limited to, rodeos and may use the proceeds and profits from the events for any lawful purpose relating to the operation of the office of the judge of probate. (b) This section is rem…

(a) For the purposes of this section, the term “credit card” means a line of credit issued by a domestic lender or credit card bank. (b) To provide for convenience in making purchases of tangible personal property or services approved by the judge of probate, the Judge of Probate…

The Judge of Probate of Montgomery County may charge an additional reasonable fee for providing the service of celebrating the rites of matrimony. The fee authorized by this section shall be in addition to the fee imposed pursuant to Section 12-19-90 and shall be retained by the …

Commencing with the next term of office of the member elected in 1996, each member of the Montgomery County Board of Education shall receive a salary of ten thousand dollars ($10,000) per year in lieu of all other compensation, salaries, and expense allowances. The compensation s…

Each member of the Montgomery County Board of Registrars shall receive compensation of thirty-five dollars ($35) for each day’s attendance of the registrar upon the session of the board of registrars. This compensation shall be paid out of the county general fund and shall be in …

(a) The Montgomery County Commission shall have the authority to increase the compensation of all election officials appointed to hold elections in the county up to twenty dollars ($20) per day per official. (b) In addition to all other compensation paid by law to election offici…

Notwithstanding the provisions of Act 833, 1969 Regular Session (Acts 1969, p. 1523), as amended by Act 356, 1973 Regular Session (Acts 1973, p. 492); Act 618, 1977 Regular Session (Acts 1977, p. 930); Act 81-724, 1981 Regular Session (Acts 1981, p. 1235); Act 85-568, 1985 Regula…

Employees of Montgomery County shall receive the same number of holidays as state employees to be observed as provided herein. Montgomery County employees shall observe as holidays the same holidays as employees of the federal government. If there are more state holidays than the…

Effective January 1, 2025, the Montgomery County Commission, pursuant to this part, shall establish and administer its own personnel merit system for county employees based on principles of human resources management which shall include equity, fairness, and compliance with all a…

For the purposes of this part, the following words have the following meanings: (1) APPEALS BOARD. The personnel appeals board created by the county commission and whose members are elected by the county commission. (2) COUNTY. Montgomery County. (3) COUNTY COMMISSION. The Montgo…

(a) The Montgomery County Commission shall establish a merit based personnel system for classified employees of the county. The department shall adopt rules, policies, and procedures necessary to implement a merit based personnel system based on the following principles: (1) Recr…

(a) All classified employment with the county is contingent upon all of the following: (1) Availability of funds. (2) The need for work to be done by the county or a county officer. (3) The employee’s compliance with all rules, policies, and procedures established in accordance w…

(a) The county commission shall establish a human resources department within the county. The county commission shall adopt all rules, policies, and procedures necessary for creation and operation of the department. (b) The department shall assist the county commission in the cre…

The rules, policies, and procedures necessary to implement the county personnel system shall be adopted by the department and approved by the county commission by December 1, 2024. The rules, policies, and procedures adopted and approved by the county commission shall be based on…

(a) The county commission shall create an appeals board separate and apart from the county commission for the purpose of hearing all appeals from final employee actions by the county and as requested by the affected employee. The appeals board shall consist of three members elect…

All classified employees shall be hired from a certified register of job applicants who meet the job related qualifications as provided by the department. All personnel activities shall be in accordance with the rules, policies, and procedures enacted by the county commission. (A…