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title-12•Title 12 — Courts
This article shall be known and may be cited as the Speedy Trial Act.
(Act 2025-322, §1.)
(a) The Chief Justice of the Alabama Supreme Court, upon request from the Attorney General or a district attorney, may appoint a sitting or retired circuit judge to temporarily serve in a given circuit as a visiting judge for a specific case or cases arising from one or more violent offenses, as defined in Section 12-25-32.
(b) A request submitted pursuant to this section shall include both of the following:
(1) The specific criminal case assigned to the Attorney General or district attorney’s office that he or she believes needs a visiting judge.
(2) The reasons the Attorney General or district attorney believes that the case needs a visiting judge.
(c)(1) The Chief Justice shall make a determination on a qualifying request made pursuant to this section within 30 days after receipt of the request.
(2) If the Chief Justice determines that approving the request would serve the public interest, he or she shall appoint a visiting judge. The Chief Justice may take into account the availability of funds when making a determination.
(3) A visiting judge shall serve until the final adjudication of the matter for which he or she was appointed.
(d) A visiting judge appointment shall confer on the visiting judge all powers, authority, and jurisdiction of the respective judgeship to which he or she has been appointed.
(e)(1) A visiting judge shall be paid all actual and necessary expenses as approved by the Chief Justice.
(2) A retired judge appointed as a visiting judge may be entitled to compensation pursuant to Sections 12-18-10 or 12-18-61.
(f) A county shall provide adequate courtroom space for hearings and trials set by a visiting judge.
(g)(1) A sitting judge appointed as a visiting judge may assign his or her official court reporter for hearings and trials set by the judge in the host circuit.
(2) If a special roving reporter is available in the host circuit, a visiting judge may request to have the special roving reporter assigned to his or her hearings and trials in the host circuit.
(3) If the options provided in subdivisions (1) and (2) are not available, a visiting judge may request a special court reporter for hearings and trials set by a visiting judge.
(4) If the options provided in subdivisions (1) through (3) are not available, the Attorney General or a district attorney may contract with a court reporter for hearings and trials set by a visiting judge.
(h)(1) A visiting judge shall make every effort to conduct jury trials during the host circuit’s scheduled jury weeks.
(2) On motion from the Attorney General or district attorney, a visiting judge may empanel an additional jury if required to expedite the administration of justice.
(3) The prohibition against empaneling a special jury in a capital murder case in Section 12-16-100 is superseded if the special jury is empaneled in accordance with this subsection.
(i) The Speedy Trial Fund is created in the State Treasury. Monies in the fund, at the discretion of the Chief Justice, may be used exclusively for expenses authorized by this section and shall be budgeted and allotted in accordance with Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41.
(Act 2025-322, §2.)
The presiding circuit judge of each circuit, in his or her discretion and the best interests of justice, may reassign a case to any other circuit or district judge in the circuit without regard to division or specialty.
(Act 2025-322, §3.)
Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure or any other rule of practice and procedure as may be adopted by the Supreme Court of Alabama.
(Acts 1977, No. 20, p. 28.)
The judicial power of the state is vested exclusively in a unified judicial system which shall consist of a Supreme Court, a Court of Criminal Appeals, a Court of Civil Appeals, a trial court of general jurisdiction known as the circuit court, a trial court of limited jurisdiction known as the district court, a probate court and such municipal courts as may be provided by law. The courts described in this section shall have all authority provided by law and shall continue to have all authority provided by rule. Except as otherwise provided by law, no moneys provided for under the provisions of this title shall be expended unless duly appropriated by the Legislature of the State of Alabama.
(Code 1940, T. 13, §1; Acts 1975, No. 1205, p. 2384, §1-101.)
The criminal jurisdiction of this state is vested in the circuit courts, district and municipal courts and such officers as are by law clothed with criminal jurisdiction.
(Code 1852, §380; Code 1867, §3928; Code 1876, §4626;Code 1886, §4193; Code 1896, §4589; Code 1907, §6692; Code1923, §3797; Code 1940, T. 13, §8.)
When any case is submitted to the Supreme Court which should have gone to one of the courts of appeals or is submitted to one court of appeals when it should have gone to the other, it must not be dismissed but shall be transferred to the proper court; and, when any case is submitted to a court of appeals which should have gone to the Supreme Court, it shall be transferred to the Supreme Court.
(Acts 1969, No. 987, p. 1744, §11.)
Pursuant to the constitutional requirement that the Supreme Court must, within three weeks after a bill is introduced at any session of the Legislature to increase or decrease the number of circuit or district judges or to change the boundaries of any judicial circuit or district, report to the Legislature its recommendations on the proposed change, the Clerk of the House of Representatives and the Secretary of the State Senate shall file with the Clerk of the Supreme Court immediately a certified copy of any such bill. The recommendations of the Supreme Court shall be filed with the Clerk of the House of Representatives and the Secretary of the State Senate within three weeks from the date of the delivery of such bill to the Clerk of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §6-116.)
Whenever any bill is introduced in any session of the Legislature which pertains to the judiciary, which bill calls for local or less than statewide application, the Clerk of the House of Representatives or the Secretary of the Senate shall immediately deliver a certified copy of such bill to the Administrative Director of Courts, who shall, within 10 days after receipt of such certified copy of said bill, file an instrument in writing expressing an opinion pertaining to the constitutionality of such bill. Said instrument in writing shall be filed with the chairman of the House Judiciary Committee, the chairman of the Senate Judiciary Committee, the Clerk of the House of Representatives and the Secretary of the State Senate.
(Acts 1975, No. 1205, p. 2384, §6-117.)
(a) Notwithstanding Section 12-1-1, or any other provision of this title, or any rule of the Alabama Rules of Appellate Procedure, the Speaker of the House of Representatives, President Pro Tempore of the Senate, the Chairs of the House or Senate Judiciary Committees, or the Legislative Council may file an amicus curiae brief without leave of court at any time prior to the court’s issuance of the certificate of judgment in any appeal.
(b) This section only applies to an amicus curiae brief prepared and filed by the staff of the Legislative Services Agency and to matters coming before the appellate courts of the state on or after June 7, 2019.
(c) It is the intent of the Legislature, pursuant to Section 6.11 of Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 the Constitution of Alabama of 2022, that this section supersede any inconsistent rule of appellate procedure adopted by the Alabama Supreme Court.
(d) This section is supplemental to, and shall not alter, amend, or otherwise affect the procedural rights, privileges, permissions, options, or abilities of any other individual or party, including any legislative agency or official, under the state’s existing laws and rules of appellate procedure.
(Act 2019-443, §§1-3.)
Every court shall have power:
(1) To preserve and enforce order in its immediate presence and as near thereto as is necessary to prevent interruption, disturbance or hindrance to its proceedings;
(2) To enforce order before a person or body empowered to conduct a judicial investigation under its authority;
(3) To compel obedience to its judgments, orders and process and to orders of a judge out of court, in an action or proceeding therein;
(4) To control, in furtherance of justice, the conduct of its officers and all other persons connected with a judicial proceeding before it in every matter appertaining thereto;
(5) To administer oaths in an action or proceeding pending therein and in all other cases where it may be necessary in the exercise of its powers and duties; and
(6) To amend and control its process and orders so as to make them conformable to law and justice.
(Code 1852, §562; Code 1867, §638; Code 1876, §543; Code 1886, §649; Code 1896, §2639; Code 1907, §4631; Code 1923,§8576; Code 1940, T. 13, §4.)
The powers of the several courts in this state to issue attachments and inflict summary punishment for contempts shall not extend to any other cases than:
(1) Disrespectful, contemptuous or insolent behavior in court, tending in any way to diminish or impair the respect due to judicial tribunals or to interrupt the due course of trial;
(2) A breach of the peace, boisterous conduct, violent disturbance or any other act calculated to disturb or obstruct the administration of justice, committed in the presence of the court or so near thereto as to have that effect;
(3) The misbehavior of any officer of the court in his official transactions or the disobedience or resistance of any officer of the court, party, juror, witness or any other person to any lawful writ, process, order, rule, decree or command thereof;
(4) Deceit or the abuse of the process of the proceedings of the court by any person or party or any unlawful interference with the processor proceedings of the court;
(5) Refusing to be sworn or to answer, either in the court or before the grand jury, any lawful question as a witness or garnishee;
(6) When summoned as a juror in a court, improperly conversing with a party to an action to be tried at such court or with any other person in relation to the merits of such action or receiving a communication from a party or other person, in respect to it, without immediately disclosing the same to the court; or
(7) Conversing with a juror, knowing him to be such, in relation to the merits of any action which he is engaged in the trial of or supplying any juror with refreshments of any kind, except water, during the time he is engaged in the trial of any cause, without leave of the court.
(Code 1852, §561; Code 1867, §637; Code 1876, §542; Code 1886, §648; Code 1896, §2638; Code 1907, §4630; Code 1923,§8574; Code 1940, T. 13, §2.)
The judges of the several courts of this state, whenever they deem it proper or necessary, shall inquire and examine the parties, witnesses, jurors or third parties as to whether or not any of the provisions of Section 12-1-8 have been violated; and, if the judge shall ascertain and determine that any provision of Section 12-1-8 has been violated, he shall declare the persons offending guilty of contempt of court and punish them accordingly.
(Code 1923, §8575; Code 1940, T. 13, §3.)
The courts of this state may punish for contempt as provided by law.
(Code 1852, §§568, 604, 628, 671, 704, 712; Code 1867, §§660, 700, 746, 791, 832, 842; Code 1876, §§571, 618, 657, 694, 746, 758; Code 1886, §4194; Code 1896, §4590; Code 1907, §6693; Code 1923, §3798; Code 1940, T. 13, §9.)
Any attorney or officer who is ordered to be punished for a contempt in the circuit court may appeal to the appropriate appellate court and may stay the execution of any fine or sentence imposed by the execution of a bond, payable to the state, with two sufficient sureties, to be approved by the tribunal appealed from, in a penalty to be fixed by said tribunal, not exceeding $300.00, conditioned to pay the fine and costs, in case of affirmance in whole or in part.
The appellant shall be entitled to bail in such cases upon the execution of an appearance bond, with two or more such sureties, in the penalty of $300.00, payable to the state, conditioned to appear in the court to which his appeal is prosecuted and to abide the result of such appeal, which maybe approved by the sheriff or other officer in whose custody the appellant may be.
On such appeal the question shall be whether the appellant was guilty of contempt, and the sentence or order of the court below may be affirmed, reversed, annulled or modified, according to the judgment of the appellate court. All such appeals shall be tried on the record, which shall be prepared and transmitted to the appropriate appellate court in accordance with the Alabama Rules of Appellate Procedure. On demand of any person so condemned, the judge shall make findings of fact upon which such judgment was predicated within one day from the filing or making of such demand.
(Acts 1965, No. 859, p. 1602.)
No judge of any court shall sit in any case or proceeding in which he is interested or related to any party within the fourth degree of consanguinity or affinity or in which he has been of counsel or in which is called in question the validity of any judgment or judicial proceeding in which he was of counsel or the validity or construction of any instrument or paper prepared or signed by him as counsel or attorney, without the consent of the parties entered of record or put in writing if the court is not of record.
(Code 1876, §540; Code 1886, §647; Code 1896, §2637; Code 1907, §4626; Code 1923, §8570; Code 1940, T. 13, §6.)
No justice of the Supreme Court or judge of a Court of Appeals of Alabama shall participate in the decision of any case in the Supreme Court or a court of appeals appealed to said court from any lower court of the State of Alabama, of which lower court said justice was judge at the time said case was decided and who presided at the trial of said case in said lower court.
(Code 1907, §4628; Code 1923, §8572; Code 1940, T. 13, §7.)
Should the need for special judges in the circuit court, district court or probate court arise, the Supreme Court may appoint and commission special circuit judges or special district court judges or special probate judges for temporary service; provided, however, that the person so appointed shall possess the qualifications of the judgeship to which he is appointed. Such special judges shall qualify by taking the oath of office prescribed in the Constitution. Such appointment shall confer on the special judge all powers, authority and jurisdiction of the respective judgeship to which he is appointed. Such special judge shall receive as compensation for his services a sum not to exceed $100.00 a day as established by rule and reimbursement for his actual and necessary expenses, including, but not limited to, transportation costs, food and lodging, to be paid out of the State Treasury or, in whole or part, from grant funds on approval and direction of the Administrative Office of Courts.
(Acts 1975, No. 1205, p. 2384, §6-109.)
(a) At the request of the affected judge in a particular circuit, the presiding circuit court judge of the circuit may appoint and commission a special circuit court judge, special district court judge, or special judge of probate for temporary service. The person so appointed shall possess the qualifications of the judgeship to which he or she is appointed. The special judge shall qualify by taking the oath of office prescribed in the Constitution of Alabama of 1901. The appointment shall confer on the special judge all powers, authority, and jurisdiction of the judgeship to which he or she is appointed. The special judge shall not receive compensation for his or her services.
(b) As used in this section, the term “temporary service” means not more than 180 consecutive days. A special judge may be reappointed, as needed, for more than one period of 180 consecutive days.
(c) This section is supplemental to Section 12-1-14.
(d) Pursuant to this section, the appointments shall be non-discriminatory.
(Act 2001-969, 3rd Sp. Sess., p. 867, §§1, 2.)
(a) Any circuit court judge or district court judge who has served for 10 or more years in any combination of service as a judge of the circuit court or district court in this state and who retires pursuant to Chapter 18 of this title, may be appointed as a senior judge. A circuit court judge or district court judge who retires because of a disability may not be appointed as a senior judge.
(b) Any eligible retired judge may apply to the Chief Justice for appointment as a senior judge and the Chief Justice shall appoint each qualified applicant as a senior judge.
(c) A senior judge may be called upon to serve as a justice or judge in any court of this state pursuant to a written request for assistance from the presiding judge of the requesting court made to the Chief Justice. A request for assistance may be made in any of the following situations:
(1) When a judge of the requesting court is disqualified for any cause from presiding in a matter pending before the requesting court.
(2) When a judge of the requesting court is unable to preside in the requesting court because of disability, illness, or absence.
(3) When the business of the requesting court requires the temporary assistance of an additional judge or additional judges.
(d) A senior judge is bound by the same ethical standards as other judges and justices in the state and may be disciplined or have his or her senior judge status withdrawn the in same manner as other judges and justices are disciplined or removed from office.
(e) A senior judge appointment by the Chief Justice to fulfill a specific request made by a presiding judge shall receive no compensation but shall receive the same per diem expenses and mileage as state employees paid from funds appropriated to the Unified Judicial System.
(Act 2004-398, p. 672, §1.)
(a) Any justice, judge, officer, official or employee of the judicial branch of government, including retired and supernumerary justices, judges or employees, other than probate and municipal court judges and employees, shall be entitled to any and all employee benefits to which other state employees, officers or officials on active duty status are entitled, including, but not limited to, group hospital, medical and surgical insurance, regardless of whether such officer, official or employee is receiving his compensation from grant funds or otherwise.
(b) All supernumerary justices and judges and retired justices and judges shall fall within the retirement category and there shall be no differences between the same in regard to social security, tax benefits or advantages and employee benefits, and uniformity of treatment shall be given and accorded unless statutes specifically otherwise provide.
(c) Any justice or judge who is eligible or who will become eligible in the future for supernumerary benefits or retirement benefits shall not forfeit any right by failing to apply for such status at the time that he left or leaves active state service but shall be entitled to all such rights whenever he applies for the same.
(Acts 1975, No. 1205, p. 2384, §6-107.)
It shall be lawful for any justice, judge, official, officer or employee of the judicial branch of government, including any retired or supernumerary justice, judge, officer, official or employee, to voluntarily diminish the compensation, salary, retirement benefits or any other benefits of monetary value fixed by law to which he is entitled, from time to time, to such extent as he may desire, on forms and in the manner prescribed by the Administrative Office of Courts; provided, that this provision shall not prevent such justice, judge, officer, official or employee from drawing his travel expenses or allowances, provided he is performing duties or engaging in activities in behalf of the judicial system of Alabama.
(Acts 1975, No. 1205, p. 2384, §6-107.)
The justices, judges, officers, officials and employees of the appellate courts shall be entitled to be reimbursed their actual expenses of travel, including, but not limited to, transportation costs, meals, lodging, registration fees, tuition fees and membership fees, when attending judicial colleges, seminars, conferences, conventions, meetings and court functions in or outside the State of Alabama, without regard to any limitation or requirement contained in Article 2 of Chapter 7 of Title 36, in accordance with the approval of the Chief Justice.
(Acts 1975, No. 1205, p. 2384, §6-104.)
(a) Notwithstanding any other provision of law relating to reimbursement of traveling expenses of public officers and employees, all circuit judges, district court judges and court-supportive personnel, including, but not limited to, referees, clerks, registers, official court reporters, special roving court reporters, special court reporters, bailiffs, magistrates of district courts and employees of clerks’ offices and registers’ offices, shall be entitled to be reimbursed their necessary and reasonable expenses of travel, including, but not limited to, transportation costs, meals, lodging, registration fees, tuition fees and membership fees, whenever traveling on official business from the town or city of their office to other locations, regardless of whether said location is located within or outside their circuits or districts or whenever ordered by the Chief Justice to attend a conference, seminar, college, institute or other educational meeting.
(b) Whenever attendance at such an educational conference, seminar, college, institute or other educational meeting is ordered, nonattendance may be considered a neglect of an official duty, unless excused in advance by the Administrative Director of Courts, the Court Administrator or Chief Justice.
(c) Whenever any municipal, probate or trial court judge, including any retired or supernumerary municipal, probate or trial court judge, is assigned by the Chief Justice for temporary service in any court or when requested to attend any conference, seminar, college, institute or other educational meeting by the Administrative Director of Courts, such director is authorized to pay the actual and reasonable expenses of travel of such judge, including, but not limited to, transportation costs, lodging, meals, registration fees, tuition fees and membership fees.
(d) Such judges, officials and employees shall submit their claims for reimbursement of travel expenses to the Administrative Office of Courts on forms and in such manner as may be prescribed by the Administrative Director of Courts.
(Acts 1975, No. 1205, p. 2384, §6-108.)
The clerks of the circuit courts and the clerks of the district and municipal courts in this state shall each prepare a monthly report on a form to be approved by the Chief Examiner of Public Accounts showing by totals the amount of fines, trial tax, district attorney fees and other fees that accrue to benefit of the state, county or municipality that were collected the preceding month. The report forms shall be prepared in triplicate. The original copy shall be furnished the State Comptroller, the duplicate copy shall be furnished the county commission, and the triplicate copy shall be retained in the office of the clerk.
All laws or parts of laws and all rules or regulations requiring reports with a detailed itemization of collections by cases are hereby repealed to the extent that they conflict with this section; provided, that nothing contained in this section shall relieve the clerks from maintaining a cashbook containing detailed entries and making detailed reports as required by the Department of Public Safety and Department of Conservation and Natural Resources.
(Acts 1963, No. 569, p. 1191.)
The appellate courts, the Administrative Office of Courts and the Department of Court Management are authorized and empowered to contract with county commissions, municipalities, private individuals, corporations or entities for offices and other physical facilities at locations outside the seat of government, as well as in Montgomery, to be used for the hearing of cases and court needs, as well as office needs of justices, judges and court-related personnel.
(Acts 1975, No. 1205, p. 2384, §6-103.)
Salaries or compensation of court personnel and any other persons paid by or by authority of the judicial department of the State of Alabama, whose salary, including any local supplement thereto, is set by statute, shall be paid in accordance with such statute, as shown in the journal of salaries and compensation prepared pursuant to Section 36-6-9. Nothing contained in this code or such journal of salaries and compensation shall be construed to amend or repeal any salary or compensation established by the State Judicial Compensation Commission, nor to amend or repeal any authority of the State Judicial Compensation Commission to establish salaries, compensation or expense allowances of any person.
(Acts 1977, No. 20, p. 28.)
The adoption of this code shall not repeal or amend any statute in effect on the effective date of this code which is applicable only with respect to one or more judicial circuits of the state, whether such judicial circuits are identified by specific reference thereto, on the basis of population or by any other method of identification or classification; nor shall the adoption of this code be deemed to repeal any general law, general law of local application or local law in effect on the effective date of this code relating to the appointment, election, number, duties, term of office, removal or compensation of any court personnel.
(Acts 1977, No. 20, p. 28.)
(a) If any plaintiff, defendant, or witness in any proceeding before the district court, circuit court, appellate court, or grand jury is in need of special services or equipment as required by the Americans with Disabilities Act [P.L. 101-366], the court shall make every effort to make reasonable accommodation for the services or equipment to allow the person to fully participate in the proceedings. All costs for the services or equipment shall be approved in advance by the court.
(b) The costs incurred by the district, circuit, or appellate court providing special services or equipment, when approved by the court in advance, shall be forwarded by the clerk of the court to the State Comptroller to be paid out of funds within the State General Fund known as “court assessed costs not provided for.” Nothing in this section shall prohibit the court from taxing the costs against one or more of the parties for immediate payment or from requiring reimbursement to the state at a later date, if not otherwise prohibited by law.
(Act 2000-277, p. 441, §2.)
(a) The presiding judge of each judicial circuit may authorize pretrial motion hearings in civil and criminal matters in the circuit courts, district courts, and probate courts to be conducted by telephone conferencing or other audio-video telecommunications means. The presiding judge shall develop and publish procedures for the conduct of the civil and criminal hearings in the circuit courts, districts courts, and probate courts in his or her judicial circuit.
(b) The telephone or audio-video telecommunications device used in the hearing shall enable the judge and all parties to converse simultaneously with each other.
(Act 2012-499, p. 1470, §1.)
(a)(1) A court, upon motion, shall continue a criminal case when the defendant, the defendant’s attorney, the victim, the vicitm’s representative if the victim is unavailable, or the prosecutor is absent from court when the case is called for trial because he or she is on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States.
(2) The movant shall state under oath that the absence is due to service on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States.
(b) A court shall continue a criminal case upon a showing by the prosecution or the defendant that a witness is unavailable because the witness is on active duty as a member of the National Guard or as a member of a reserve or active component of the Armed Forces of the United States if all of the following are established by the movant:
(1) The witness is material and necessary.
(2) The movant has submitted a request to the proper military authority for the testimony of the witness in accordance with 5 U.S.C. § 301, and any rule or directive adopted or issued by the proper authority pursuant to that section.
(3) The provisions of Section 12-21-135.1 are not satisfied.
(c)(1) Except as provided in subdivisions (2) and (3), in any case in which the prosecution is granted a continuance pursuant to subsection (a) or (b), a court shall set bail upon application by the defendant.
(2) For any case in which the defendant is accused of committing a violent offense as defined in Section 12-25-32 or a sex offense as defined in Section 15-20A-5, or for any case in which bail has previously been revoked or denied, the court may set bail.
(3) This subsection does not apply to a case when the defendant is charged with committing a capital offense under Section 13A-5-40.
(d) This section shall apply to a criminal case to which a judge has been appointed pursuant to the Speedy Trial Act, Article 2 of Chapter 1 of Title 12.
(Act 2026-569, §1.)
(a)(1) A court shall grant a continuance for good cause shown when a party or his or her counsel of record in a civil case is absent from court when the case is called for trial because the party or counsel of record is on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States, unless the court finds, on the record, that granting the continuance would substantially prejudice another party, unduly burden the administration of justice, or that reasonable alternatives exist to protect the rights of the absent service member.
(2) The case may proceed if the party, in the absence of his or her counsel of record, or the counsel of record in the absence of the party, announces ready for trial on the call of the case.
(b) A court shall continue a civil case upon a showing by a party that a witness is unavailable because the witness is on active duty as a member of the National Guard or as a member of a reserve or active component of the Armed Forces of the United States if all of the following are established by the movant:
(1) The witness is material and necessary.
(2) The movant has submitted a request to the proper military authority for the testimony of the witness in accordance with 5 U.S.C. § 301, and any rule or directive adopted or issued by the proper authority pursuant to that section.
(3) The provisions of Section 12-21-135.1 are not satisfied.
(Act 2026-569, §2.)
(a) The Supreme Court, except as otherwise provided, shall consist of a chief justice and eight associate justices, who shall be elected by the qualified electors of the state at the general elections as provided by law for the election of members of the House of Representatives in Congress and who shall hold their offices for the term of six years from the first Monday after the second Tuesday in January next succeeding their election and until their successors are elected and qualified. Subject to the provisions of the Constitution respecting filling of vacancies in judicial offices, members of the Supreme Court shall be elected as follows: The Chief Justice and three associate justices shall be elected at the general election in November, 1976, two associate justices shall be elected at the general election in November, 1978, and three associate justices shall be elected at the general election in November, 1980. Thereafter members of the Supreme Court shall be elected in the general election next preceding the expiration of the respective term for which the incumbent holds office.
(b) Persons elected to the Supreme Court, or appointed to fill a vacant term of office on the Supreme Court, after January 1, 2010, must have been licensed by the Alabama State Bar Association a combined total of 10 years or more, or by any other state bar association for a combined total of 10 years or more, prior to beginning a term of office or appointment to serve a vacant term of office.
(Code 1852, §566; Code 1867, §658; Code 1876, §568; Code 1886, §673; Code 1896, §3825; Code 1907, §5948; Code 1923, §10269; Code 1940, T. 13, §10; Acts 1969, No. 602, p. 1087, §1; Act 2009-562, p. 1632, §1.)
The justices of the Supreme Court shall have authority to issue writs of certiorari and to grant injunctions and stays of execution of judgment, subject to the limitations prescribed by this code and the Alabama Rules of Appellate Procedure, as judges of the circuit courts are authorized to grant the same.
(Code 1852, §569; Code 1867, §661; Code 1876, §572; Code 1886, §676; Code 1896, §3827; Code 1907, §5956; Code 1923, §10277; Code 1940, T. 13, §18.)
The Chief Justice and every associate justice of the Supreme Court of Alabama may administer any oaths and take any affidavits or acknowledgments authorized or required by law.
(Acts 1915, No. 3, p. 35; Code 1923, §10278; Code 1940, T. 13, §19.)
The salary of the Chief Justice of the Supreme Court and every associate justice of the Supreme Court shall be such amount as is provided by law, and shall be paid as the salaries of other state officers are paid.
(Code 1876, §580; Code 1886, §684; Code 1896, §3841; Code 1907, §5966; Acts 1919, No. 279, p. 257; Code 1923, §10288; Acts 1927, No. 459, p. 510; Acts 1933, Ex. Sess., No. 138, p. 124; Acts 1936-37, Ex. Sess., No. 149, p. 166; Code 1940, T. 13, §29; Acts 1945, No. 491, p. 724; Acts 1947, No. 685, p. 521; Acts 1951, No. 560, p. 975; Acts 1957, No. 170, p. 223; Acts 1963, No. 510, p. 1096; Acts 1966, Ex. Sess., No. 243, p. 366; Acts 1969, No. 601, p. 1087; Acts 1973, No. 1245, p. 2093, §1.)
In the event of the absence of the Chief Justice from the state or in the event of the inability of the Chief Justice to perform any duty or function required by law or rule, such duty or function may be performed by the senior associate justice available in the seat of government, provided he is requested to do so by the Chief Justice.
(Acts 1975, No. 1205, p. 2384, §6-110.)
Whenever the Chief Justice of the Supreme Court of Alabama shall, because of illness or otherwise, be disabled from actively performing his duties as chief justice or those ex officio duties imposed upon him by law or shall be absent from the court for a period of 30 days or longer, then, in either event, the duties so imposed upon him shall be performed by the available associate justice of the Supreme Court in order of seniority based upon continuous length of service on the court, and such associate justice of the Supreme Court is hereby authorized and empowered to perform all of the same in lieu of the chief justice during the latter’s disability or absence from the court for said period longer than 30 days.
(Acts 1949, No. 188, p. 220.)
The Supreme Court shall have authority:
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision of the trial judge upon the facts where the evidence is not taken orally before the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment as it deems just.
(2) To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs as are necessary to give to it a general superintendence and control of courts of inferior jurisdiction.
(4) To make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, that such rules shall not abridge, enlarge, or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided further, that the right of trial by jury as at common law and declared by Section 11 of the Constitution of Alabama of 1901 shall be preserved to the parties inviolate.
(5) To punish for contempts by the infliction of a fine not exceeding $100, and imprisonment not exceeding 10 days or both.
(6) To transfer to the Court of Civil Appeals, for determination by that court, any civil case appealed to the Supreme Court and within the appellate jurisdiction of the Supreme Court, except the following:
a. A case that the Supreme Court determines presents a substantial question of federal or state constitutional law.
b. A case that the Supreme Court determines involves a novel legal question, the resolution of which will have significant statewide impact.
c. A utility rate case appealed directly to the Supreme Court under the provisions of Section 37-1-140.
d. A bond validation proceeding appealed to the Supreme Court under the provisions of Section 6-6-754.
e. A bar disciplinary proceeding.
(7) To exercise such other powers as are or may be given to the Supreme Court by law.
(Code 1852, §568; Code 1867, §660; Code 1876, §571; Code 1886, §675; Code 1896, §3826; Code 1907, §5955; Code 1923, §10276; Code 1940, T. 13, §17; Acts 1993, No. 93-345, p. 535, §1.)
Regular terms of the Supreme Court shall commence on the first Monday of October in each year and continue until and including the last day of June of the ensuing year, but the court may, in its discretion, adjourn from time to time.
(Code 1852, §570; Code 1867, §666; Code 1876, §573; Code 1886, §677; Code 1896, §3828; Code 1907, §5957; Acts 1915, No. 718, p. 816; Code 1923, §10279; Code 1940, T. 13, §20.)
The court may, whenever it deems proper, order and hold a special term.
(Code 1852, §570; Code 1867, §662; Code 1876, §573; Code 1886, §678; Code 1896, §3834; Code 1907, §5963; Code 1923, §10285; Code 1940, T. 13, §26.)
The Governor, by a request in writing, or either house of the Legislature, by a resolution of such house, may obtain a written opinion of the justices of the Supreme Court of Alabama or a majority thereof on important constitutional questions.
(Acts 1923, No. 43, p. 25; Code 1923, §10290; Code 1940, T. 13, §34.)
The justices of the Supreme Court may request briefs from the Attorney General, and may receive briefs from other attorneys as amici curiae as to such questions as may be propounded to them for their answers.
(Acts 1923, No. 43, p. 25; Code 1923, §10292; Code 1940, T. 13, §36.)
The opinion of the justices of the Supreme Court or a majority of them shall be a protection to the officers and departments of the state acting in accordance therewith in the same manner and to the same extent as opinions of the Attorney General of the state; and, in the event of a conflict between the opinions of the Attorney General and the opinion of the justices of the Supreme Court rendered in accordance with this article, the opinion of the justices of the Supreme Court shall take precedence and prevail. All opinions of the justices of the Supreme Court heretofore rendered in accordance with this article shall have the protective force and effect provided for in this article.
(Acts 1923, No. 43, p. 25; Code 1923, §10291; Acts 1927, No. 144, p. 103; Code 1940, T. 13, §35.)
The Supreme Court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must be governed by what, in its opinion, at that time is law, without any regard to such former ruling on the law by it; but the right of third persons, acquired on the faith of the former ruling, shall not be defeated or interfered with by or on account of any subsequent ruling.
(Code 1867, §666; Code 1876, §579; Code 1886, §683a; Code 1896, §3840; Code 1907, §5965; Code 1923, §10287; Code 1940, T. 13, §28.)
When by reason of disqualification the number of judges competent to sit in a case is reduced to eight or to six and there is equal division among them on any question material to the determination of the case, the fact shall be certified by the Chief Justice or, when he is disqualified, by the judges sitting to the Governor, who shall thereupon appoint a member of the bar of the Supreme Court to sit as a judge of said court in the determination of said case. Similarly, when by reason of disqualification no one of the judges is competent to sit in a case or the number is reduced below six, the fact shall be certified by the Chief Justice, if he is competent to sit, or, if not, by the judge or judges sitting, or, if no one is competent, by the clerk of the court to the Governor, who shall thereupon appoint members of the bar of the Supreme Court to constitute a special court of seven members for the consideration and determination of such case.
The word “disqualification,” as used in this section, shall include inability to sit by reason of prolonged illness of a chronic nature.
(Code 1896, §3837; Code 1907, §5953; Code 1923, §10274; Code 1940, T. 13, §15; Acts 1969, No. 602, p. 1087.)
The minutes of the court and the reports of its decisions shall state the names of the judges sitting in the final decision of cases.
(Code 1907, §5984; Code 1923, §10275; Code 1940, T.13, §16.)
The Supreme Court is authorized and empowered in connection with any rule-making power or other function to appoint from time to time various advisory committees or standing committees composed of justices, judges, lawyers, law professors and other persons to serve on such committees, and the Chief Justice is authorized and empowered to direct that the expenses of such advisory committees or standing committees, including, but not limited to, the expenses, compensation and employment of consultants, reporters and travel expenses, including, but not limited to, transportation, meals, lodging, membership fees, registration fees, printing and postage, be paid from any funds appropriated to the Supreme Court, the Administrative Office of Courts, the Department of Court Management, the Permanent Study Commission on Alabama’s Judicial System or grant funds.
(Acts 1975, No. 1205, p. 2384, §6-102.)
The Supreme Court may, by rules of court, establish additional duties for judges either within or without the geographical boundaries of the court of the judge when such is, in the opinion of a majority of the court, necessary to properly serve the administration of justice.
(Acts 1975, No. 1205, p. 2384, §6-115.)
(a) In connection with the security and protection of the judicial building and those sites other than the judicial building when the Supreme Court so meets, the Supreme Court is authorized to institute and maintain safety programs and precautions.
(b) The marshal, assistant marshals, deputy marshal and other personnel designated by the Supreme Court are made conservators of the peace and shall have the power to make arrests and serve subpoenas.
(c) The uniforms, arms and other equipment of such marshals and other personnel so designated by the Supreme Court maybe paid for from any funds appropriated to the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §6-101.)
(a) Since the Supreme Court now has the initial primary duty to make and promulgate rules governing practice and procedure in all courts, as well as rules of administration for all courts, all such rules made and promulgated by the Supreme Court shall be filed in the office of the Clerk of the Supreme Court and published in the official report of decisions. The Clerk of the Supreme Court shall certify to the Secretary of State all such rules. The Secretary of State shall cause the rules to be published in any code of the laws of Alabama whenever the codes are published or in pocket supplements to codes.
(b) In connection with its duty to make and promulgate such rules, the Legislature finds that it is within the scope of such authority for the Supreme Court to make rules of administration pertaining to the collection, use, protection and disclosure of information, statistics and records involved in the administration of justice, criminal or otherwise, including information to be stored or which is stored in computers; collection of unpaid court costs, fines and forfeitures; the security of courts; the procedures, forms and standards for appointment of attorneys for indigents in criminal cases and, in the event an indigent becomes nonindigent, collection procedures for attorney’s fees, transcript fees, and other expenses paid by the state during the period of indigency.
(c) Rules heretofore promulgated by the Supreme Court shall not be considered to have been superseded or modified by this title unless by express reference in this title or by law hereinafter enacted or by irreconcilable conflict with this title.
(d) The Clerk of the Supreme Court shall give his or her opinion in writing on any question of the interpretation of any rule of administration promulgated by the Supreme Court to any other officer or official of the state who shows a need for such opinion and requests the same. The written opinion of the Clerk of the Supreme Court shall protect the officer or official to whom it is directed as well as other officers or officials who use it as guidance from liability to either the state, county, or any municipal subdivision of the state because of any official act or acts performed as directed or advised in such opinion; provided, however, that such opinion shall be merely advisory. Such opinions shall be published in the official report of decisions.
(Acts 1975, No. 1205, p. 2384, §6-105; Act 2014-217, p. 684, §1.)
The Supreme Court is further authorized and empowered to use moneys or funds appropriated to it, including, but not limited to, the moneys appropriated for the administrative fund, advisory committee work and judicial education, for any judicial purposes the Supreme Court may direct, including, but not limited to, the preservation, acquisition, framing and repair of portraits, pictures, murals, photographs, resolutions and orders of the court, historical documents and archives; the publishing of books, pamphlets and other publications; the use of consultants; expenses of visiting jurists and other judicial or legally related individuals who are performing services to the courts of this state; ceremonies; and seminars and conferences pertaining to courts and the administration of justice for justices, judges and court-related personnel within or outside the state, and the clerk of said court is authorized to direct payment for all expenses connected therewith, including, but not limited to, meal meetings; provided, however, any law to the contrary notwithstanding, fees authorized by law, court rule or order for certificates, documents, and any other copies of the court records of the Supreme Court shall be paid by the Clerk of the Supreme Court into the administrative fund and shall be expended therefrom on the monthly written requisition of the chief justice as an allowance for the office of the Chief Justice not otherwise provided by law: Provided further however, such allowance shall be and is hereby limited to the amount of such fees collected and paid into said administrative fund.
(Acts 1975, No. 1205, p. 2384, §6-106; Acts 1983, No. 83-744, p. 1225, §17.)
The Alabama Supreme Court is hereby authorized to hire six staff attorneys to assist that court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by the court. The staff attorneys shall be licensed to practice law in the State of Alabama and shall be appointed by and serve at the pleasure of the court. The salaries of each staff attorney shall be fixed within the range of the proper classification of attorneys under the merit system as may be determined by the Supreme Court. Said staff attorneys shall be subject to the Merit System Act only as to the pay plan selected for them by the Supreme Court.
(Acts 1982, No. 82-491, p. 814, §1.)
(a) The Chief Justice shall see that the business of the several courts of the state is attended with proper dispatch and that cases, civil and criminal, are not permitted to become congested or delayed, and he shall take care that prisoners are not allowed to remain in the jails without a prompt trial.
(b) In connection with these duties and other responsibilities, the Chief Justice is authorized and empowered:
(1) To maintain a roster of supernumerary circuit judges who are willing and able to undertake special duties from time to time and to assign supernumerary circuit judges in accordance with the provisions of law and, further, to assign supernumerary circuit judges and circuit judges, provided they are agreeable, in connection with studies, projects and functions designed to improve the administration of justice and the courts in Alabama and in connection with projects, studies and functions of the Administrative Office of Courts, the Department of Court Management, the Permanent Study Commission on Alabama’s Judicial System and the Judicial Conference. While so serving, such supernumerary circuit judges and circuit judges shall be paid the same compensation as if they were holding court and shall be entitled to their necessary expenses of travel and to the same maintenance expense allowances, paid from the State Treasury, as if they were holding court outside their circuits.
(2) To appoint, employ and terminate, in connection with any grants which the Administrative Office of Courts, the Department of Court Management, the Permanent Study Commission on Alabama’s Judicial System, the Supreme Court and the Judicial Conference may receive from any source, any officers, officials, consultants, reporters and employees who may be used in connection with the purposes and functions of such grants without regard to the provisions of the merit system, on a full-time or part-time basis, at such compensation or salaries as he may direct.
(3) To use any officials and employees of the Administrative Office of Courts, the Department of Court Management, the Permanent Study Commission on Alabama’s Judicial System, the Supreme Court and the Judicial Conference on a part-time basis outside of their regular duties in connection with any study, project or function being conducted by or for the Department of Court Management, the Permanent Study Commission on Alabama’s Judicial System, the Supreme Court and the Judicial Conference.
(4) To appoint, employ and terminate all officers, officials, consultants and employees of the Administrative Office of Courts, the Department of Court Management, the Permanent Study Commission on Alabama’s Judicial System and the Judicial Conference without regard to the merit system, on either a full-time or part-time basis, at such compensation or salaries as he may direct and to direct that such compensation or salaries for such officials or employees be paid, in full or in part, from funds appropriated to the Administrative Office of Courts, the Department of Court Management, the Supreme Court, the Permanent Study Commission on Alabama’s Judicial System and the Judicial Conference, separately or jointly in accordance with his directions.
(5) To obtain from court officials, including clerks, registers, judges and court reporters, statistics, data and other factual information which the Chief Justice may deem advisable pertaining to the courts, the work of such court officials and said court officials’ offices, at such times as the Chief Justice may deem advisable. The Chief Justice is further empowered to prepare forms for such court officials to fill out and submit in accordance with his directions. For the failure of any court official to furnish such information as may be requested from said court official, said court official shall forfeit $100.00 to the state to be recovered on motion by the district attorney or assistant district attorney of any court of record of the county in which the court official resides, or by the Attorney General of the state, in the name of the state. Such court official to have three days’ notice of such motion.
(6) To assign any circuit judge, when it is deemed advisable or necessary for the prompt dispatch of the business of the Supreme Court of Alabama, the Alabama Court of Criminal Appeals and the Alabama Court of Civil Appeals, to temporary duty on any one or more of said courts, provided such circuit judge is agreeable to such assignment. Whenever any said circuit judge is so assigned such judge shall be allowed and paid his necessary expenses of travel and shall be entitled to the same maintenance expense allowances from the State Treasury that he is entitled to receive when he attends and holds court or transacts other official business outside the circuit for which he is elected.
(7) To take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice within the state.
(8) To take any such other, further or additional action as maybe necessary for the orderly administration of justice within the state, whether or not enumerated in this section or elsewhere.
(Acts 1915, No. 521, p. 592; Code 1923, §10295; Code 1940, T. 13, §38; Acts 1971, 3rd Ex. Sess., No. 60, p. 4270.)
The Chief Justice shall have the reports and information supplied to his office as provided by law, tabulated and compiled so as to furnish information as to the administration of justice, the workings and operation of the courts and the amount of business pending, performed or dispatched in the several courts of the state. Such reports and information shall be tabulated by counties and circuits.
(Acts 1915, No. 521, p. 592; Code 1923, §10294; Code 1940, T. 13, §37.)
The Chief Justice of the Supreme Court may employ one court attendant, who shall wait upon the Supreme Court and have the care of its courtrooms, library and consultation rooms. His salary shall be fixed under the provisions of the merit system and he shall be paid as other state employees.
(Code 1907, §5982; Acts 1919, No. 688, p. 996; Code 1923, §10318; Code 1940, T. 13, §84.)
Whenever in the opinion of the Chief Justice the business in any of the courts is being delayed or is unnecessarily congested or unnecessarily accumulated, he shall order adjourned or special sessions of court or the calling of the cases on the dockets for trial by sending a written order to the clerk of the court, which order shall be spread upon the minutes of the court as a part of the organization thereof, and he may direct the judge of any circuit at any time to call or order an adjourned or special session of any court in the circuit of such judge for the trial of all cases, civil or criminal, and the circuit judge shall immediately make such orders and issue such process and notice as shall be necessary for the calling, convening and holding of such sessions of court according to law.
(Acts 1915, No. 521, p. 592; Code 1923, §10296; Code 1940, T. 13, §39.)
The Chief Justice shall direct and order in the same manner the attendance of any district attorney upon any regular, adjourned or special session of the court for the prosecution of any criminal case or the prosecution or defense in any case in which the state or any county thereof is interested at any regular, adjourned or special session of court or to attend upon any preliminary trial or application for bail or habeas corpus either in or out of his circuit.
(Acts 1915, No. 521, p. 592; Code 1923, §10298; Code 1940, T. 13, §41.)
Whenever the judge or the district attorney of the court shall be unable to attend such court, he shall notify the Chief Justice, and the Chief Justice shall designate some other judge or district attorney, as the case may be, not then engaged elsewhere to attend and hold said court or discharge the duties of district attorney or judge, as the case may be.
(Acts 1915, No. 521, p. 592; Code 1923, §10297; Code 1940, T. 13, §40.)
Whenever the public good requires more judges than are regularly provided by law for the holding or attending the courts in any circuit of this state, the Chief Justice may order one or more judges living out of such circuit to attend and hold or assist in holding such courts.
In so holding or assisting in holding such court no two judges shall try cases in the same room at the same time, but such court may be held in separate divisions and the sheriff and county commission of such county wherein such court is ordered to be held, shall provide rooms for the accommodation or holding such court by such judge and said courts or divisions of courts may be held in any part of the courthouse or in buildings nearby the courthouse as fully and lawfully as if held in the courtroom regularly provided for holding such court.
(Acts 1915, No. 521, p. 592; Code 1923, §§10300, 10301; Code 1940, T. 13, §§42, 43.)
For any failure of a judge to order such special session of court or to attend any such court after having called the same or, having been notified by the Chief Justice, to attend and to perform any of the duties required of him by Sections 12-2-33, 12-2-35 and 12-2-36 without a lawful excuse, either being sick himself or having sickness in his family or being engaged in holding court elsewhere or being lawfully absent from the state, he shall forfeit $100.00 to the state, to be recovered in the circuit court of Montgomery County, on motion of the Attorney General, in the name of the state on 10 days’ notice.
(Acts 1915, No. 521, p. 592; Code 1923, §10302; Code 1940, T. 13, §44.)
Any district attorney who fails, without sufficient excuse, to perform any of the duties required of him under Sections 12-2-34 and 12-2-35, shall forfeit to the State of Alabama $100.00, to be recovered by the Attorney General, on motion, in the circuit court of Montgomery County on 10 days’ notice.
(Acts 1915, No. 521, p. 592; Code 1923, §10303; Code 1940, T. 13, §45.)
All laws dealing with the eligibility of members of the Supreme Court to assume duties and obligations, and to claim and receive benefits, as supernumerary justices, are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of September 18, 1973, continued in full force and effect, and shall not be repealed by the adoption of this code. But at such time as all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits, as, or in the case of surviving spouses, on account of, supernumerary justices as of September 18, 1973, are deceased, all such laws shall thereupon be repealed.
(Acts 1977, No. 20, p. 28.)
The Chief Justice and each associate justice of the Supreme Court are hereby authorized to appoint one law clerk to assist the appointing justice in the performance of his duties.
(Acts 1953, No. 443, p. 549, §1.)
Each law clerk so appointed shall serve as the law clerk for the Chief Justice or the associate justice appointing him and may be dismissed and a successor appointed at the will of the Chief Justice or the associate justice appointing him.
(Acts 1953, No. 443, p. 549, §2.)
The salary of each such law clerk shall not be in excess of the amount paid under the merit system classification to attorney I, step 3, such amount to be fixed by the Chief Justice or associate justice employing him, and he shall be paid out of the general funds of the state as other state employees are paid.
(Acts 1953, No. 443, p. 549, §3; Acts 1959, No. 594, p. 1483; Acts 1965, 1st Ex. Sess., No. 44, p. 64; Acts 1969, No. 323, p. 693; Acts 1971, 3rd Ex. Sess., No. 117, p. 4342.)
A Clerk of the Supreme Court shall be appointed by the justices and shall be removable at any time for cause, to be determined by the court and entered at length on its record.
(Code 1852, §578; Code 1867, §676; Code 1876, §588; Code 1886, §695; Code 1896, §3856; Code 1907, §5983; Code 1923, §10319; Code 1940, T. 13, §49; Acts 1967, No. 728, p. 1563.)
Before entering upon the duties of his office, the Clerk of the Supreme Court shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
The clerk must give additional bond, on the requisition of the Chief Justice, whenever the public interest requires; and, upon his failure so to do within the time fixed by the Chief Justice, his office shall be vacated.
(Code 1852, §580; Code 1867, §678; Code 1876, §590; Code 1886, §697; Code 1896, §3858; Code 1907, §5985; Code 1923, §10321; Code 1940, T. 13, §50.)
The salary of the Clerk of the Supreme Court of Alabama shall be fixed under the provisions of the merit system at the maximum paid to attorneys in the classified service and shall be payable out of the treasury as the salaries of other state officers are paid.
(Code 1907, §5991; Code 1923, §10327; Acts 1927, No. 612, p. 710; Acts 1933, Ex. Sess., No. 138, p. 124; Code 1940, T. 13, §57; Acts 1943, No. 423, p. 389, §1; Acts 1951, No. 591, p. 1024; Acts 1957, No. 606, p. 864; Acts 1967, No. 728, p. 1563.)
The Clerk of the Supreme Court may appoint a confidential assistant who shall perform such duties as may be required and who shall be subject to the merit system only as to the pay plan. Before entering upon the duties of his office, he shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
(Code 1907, §5992; Acts 1919, No. 690, p. 999; Acts 1923, No. 600, p. 789; Code 1923, §10328; Acts 1927, No. 612, p. 710; Acts 1933, Ex. Sess., No. 138, p. 124; Code 1940, T. 13, §58; Code 1940, T. 41, §115; Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
The Clerk of the Supreme Court is authorized to appoint and employ such additional help as may be required by him to operate the office of the clerk.
(Code 1907, §5993; Acts 1919, No. 677, p. 981; Code 1923, §10329; Acts 1927, No. 612, p. 710; Code 1940, T. 13, §59.)
The Clerk of the Supreme Court must keep his office in the judicial building open for the transaction of business on every day except Saturdays, Sundays and legal holidays, from 9:00 A.M. until 4:00 P.M.
(Code 1852, §581; Code 1867, §679; Code 1876, §591; Code 1886, §698; Code 1896, §3859; Code 1907, §5986; Code 1923, §16322; Code 1940, T. 13, §51; Acts 1967, No. 728, p. 1563.)
The clerk shall have authority and it shall be his duty:
(1) To administer oaths and take affidavits;
(2) To issue and sign all writs and process of every description issued under the authority of the court;
(3) To keep in regular order the papers, dockets and records of the court;
(4) To keep a docket as prescribed by the court;
(5) To enter from day to day the judgments and proceedings of the court; and
(6) To make, under the supervision of the court, the quarterly allotments of the funds appropriated for the expenses of the court and approve the bills for payment out of such funds for the purchases and expenses of the court.
(Code 1852, §582; Code 1867, §680; Code 1876, §592; Code 1886, §699; Code 1896, §3860; Code 1907, §5987; Acts 1915, No. 535, p. 606; Acts 1915, No. 663, p. 725; Code 1923, §10323; Code1940, T. 13, §§52, 53(1); Acts 1943, No. 423, p. 389, §2.)
The cost of preserving records according to the provisions of this division shall be paid out of the treasury as accounts for printing and binding of the state are paid.
(Code 1852, §864; Code 1867, §682; Code 1876, §594;Code 1886, §701; Code 1896, §3862; Code 1907, §5989; Code 1923, §10325; Code 1940, T. 13, §55.)
The record books, blanks and stationery necessary to the office shall be furnished to the clerk in like manner as they are furnished to the other public officers in the capitol.
(Code 1867, §685; Code 1876, §595; Code 1886, §702; Code 1896, §3863; Code 1907, §5990; Code 1923, §10326; Code 1940, T. 13, §56.)
All fees and costs authorized by law and the Alabama Rules of Appellate Procedure to be taxed and collected as cost for or fees of the Clerk of the Supreme Court shall be collected by the Clerk of the Supreme Court and paid to the treasury quarterly as other public funds.
A statement of the fees paid to the treasury shall be rendered to the Department of Finance quarterly.
(Code 1907, §5993; Acts 1919, No. 677, p. 981; Code 1923, §10329; Acts 1927, No. 612, p. 710; Code 1940, T. 13, §59.)
The office of deputy clerk of the Supreme Court of Alabama is hereby created. Such deputy clerk shall be appointed by the justices of the Supreme Court and may be removed at any time the said justices of the Supreme Court may see fit.
(Acts 1965, 1st Ex. Sess., No. 42, p. 62, §1.)
The salary of the deputy clerk shall be fixed under the provisions of the merit system as attorney III and shall be payable out of the State Treasury as the salaries of other state officers are paid.
(Acts 1965, 1st Ex. Sess., No. 42, p. 62, §3.)
The duties and authority of such deputy clerk shall be prescribed by the rules of the Supreme Court.
(Acts 1965, 1st Ex. Sess., No. 42, p. 62, §2.)
The Chief Justice shall have a confidential secretary who shall perform such duties as may be required by him and who shall be appointed and dismissed at the will of the Chief Justice and who shall be subject to the merit system only as to the pay plan.
(Acts 1915, No. 521, p. 592; Code 1923, §10293; Acts 1927, No. 579, p. 674; Code 1940, T. 13, §46.)
Each associate justice of the Supreme Court and each supernumerary justice of said court, while serving at the request of the Governor or Chief Justice, is hereby authorized to appoint and employ a confidential secretary, who shall serve at the pleasure of the associate justice or supernumerary justice. Such confidential secretary shall be subject to the Merit System Act only as to the pay plan.
(Code 1896, §3842; Code 1907, §5968; Code 1923, §10304; Acts 1936-37, Ex. Sess., No. 207, p. 246; Code 1940, T. 13, §47; Acts 1955, No. 165, p. 412.)
The secretaries shall perform such duties as may be prescribed by the justices.
(Code 1896, §3843; Code 1907, §5969; Acts 1923, No. 600, p. 789; Code 1923, §10305; Code 1940, T. 13, §48.)
The library fund of the Supreme Court and state law library shall consist of funds appropriated by the Legislature, fees collected under the provision of law and moneys collected from the sale of copies, books and other materials or received from donations, gifts, grants and funds other than those appropriated. Expenditures out of this fund shall be made by the state law librarian for the use and benefit of the appellate courts under the direction of the justices.
(Code 1852, §592; Code 1867, §691; Code 1876, §§587, 603; Code 1886, §693; Code 1896, §3853; Code 1907, §5979; Code 1923, §10315; Code 1940, T. 13, §81.)
For the maintenance of the supreme court library there shall be taxed in each civil case decided by the Supreme Court or the courts of appeals on appeal the sum of $5.00, which must be taxed and collected as other costs in the case and, when collected, must be paid by the clerk to the marshal and librarian, by whom it must be disbursed on the order of the justices.
(Code 1886, §694; Code 1896, §3854; Code 1907, §5980; Code 1923, §10316; Code 1940, T. 13, §82.)
The justices of the Supreme Court must make such rules as they deem necessary for the preservation and protection of the libraries.
(Code 1867, §672; Code 1876, §583; Code 1886, §689; Code 1896, §3849; Code 1907, §5975; Code 1923, §10311; Code 1940, T. 13, §76.)
A Court of Criminal Appeals and a Court of Civil Appeals, each composed of five judges, possessing the qualifications of the Supreme Court justices, including, but not limited to, the qualifications provided in subsection (b) of Section 12-2-1, are hereby created and established.
(Acts 1969, No. 987, p. 1744, §1; Acts 1993, No. 93-346, p. 536, §4; Act 2009-562, p. 1632, §1.)
(a) The offices of the three judges of the Court of Criminal Appeals that were filled in the general election of 1970 pursuant to Act No. 987 of the 1969 Regular Session of the Legislature shall be filled by election from the state at large in the general election held each six years thereafter, or as the end of the term of such office may thereafter occur pursuant to the Constitution.
(b) The offices of the two judges of the Court of Criminal Appeals that were filled in the general election of 1972 pursuant to Act No. 75 of the 1971 Third Special Session of the Legislature shall be filled by election from the state at large in the general election held each six years thereafter, or as the end of the term of such office may thereafter occur pursuant to the Constitution.
(c) The presiding judge of the Court of Criminal Appeals may from time to time designate panels of three judges to decide cases submitted to said court; provided, that the concurrence of three of the five judges shall be required for each decision.
(Acts 1969, No. 987, p. 1744, §21; Acts 1971, 3rd Ex. Sess., No. 75, p. 4283.)
(a) The offices of the judges of the Court of Civil Appeals that were filled at the general election in 1972 for terms of two, four and six years pursuant to Act No. 987 of the 1969 Regular Session of the Legislature shall, at the general election immediately preceding the expiration of said respective terms, be filled by election from the state at large for terms of six years, and shall likewise be filled by election from the state at large each six years thereafter, or as the end of the term of each such office may thereafter occur pursuant to the Constitution.
(b) In the event the number of judges on the court is increased to more than three, unless otherwise provided by the act increasing the number of judges, the Governor shall make appointments of the additional judges so that, as nearly as may be, one third of the members of such court shall be elected each second year.
(Acts 1969, No. 987, p. 1744, §22.)
(a) The presiding judge of the Court of Criminal Appeals shall be elected by the members of such court for a term to be set by such court, in no event for a longer time than the term for which such judge is chosen.
(b) The presiding judge of the Court of Civil Appeals shall be the judge of such court who has served the longest period of time as judge of such court. In cases of equal seniority, the presiding judge shall be chosen as follows:
(1) If more than one judge was elected at the same election, the presiding judge shall be elected by lot from the judges who are so situated, and shall serve as presiding judge for the term which he is then filling as a judge of such court.
(2) If more than one judge was appointed by the Governor at the same time, their seniority shall be governed by the order in which their names appear on the list of appointees submitted by the Governor to the Secretary of State.
(Acts 1969, No. 987, p. 1744, §§21, 22; Acts 1971, 3rd Ex. Sess., No. 75, p. 4283.)
The judges of the courts may reside anywhere within this state.
(Acts 1969, No. 987, p. 1744, §20; Act 2013-375, p. 1377, §1.)
The salary of each judge on each court of appeals shall be such amount as shall be fixed by law, which shall be paid as the salaries of other state officers are paid.
(Acts 1969, No. 987, p. 1744, §19; Acts 1973, No. 1245, p. 2093, §2.)
All laws dealing with the eligibility of judges of the Court of Criminal Appeals and the Court of Civil Appeals 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 receive such benefits as of September 18, 1973, continued in full force and effect, and shall not be repealed by the adoption of this code. But at such time as all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits, as, or in the case of surviving spouses, on account of, supernumerary judges as of September 18, 1973, are deceased, all such laws shall thereupon be repealed.
(Acts 1977, No. 20, p. 28.)
The judges of said courts shall each have authority to issue writs of certiorari and to grant orders for stays of judgments or orders to all inferior courts and injunctions, subject to the limitations prescribed by law.
(Acts 1969, No. 987, p. 1744, §6.)
The Court of Criminal Appeals shall have exclusive appellate jurisdiction of all misdemeanors, including the violation of town and city ordinances, habeas corpus and all felonies, including all post conviction writs in criminal cases.
(Acts 1969, No. 987, p. 1744, §2.)
The Court of Civil Appeals shall have exclusive appellate jurisdiction of all civil cases where the amount involved, exclusive of interest and costs, does not exceed $50,000, all appeals from administrative agencies other than the Alabama Public Service Commission, all appeals in workers’ compensation cases, all appeals in domestic relations cases, including annulment, divorce, adoption, and child custody cases and all extraordinary writs arising from appeals in said cases. Where there is a recovery in the court below of any amount other than costs, the amount of such recovery shall be deemed to be the amount involved; otherwise, the amount claimed shall be deemed to be the amount involved; except, that in actions of detinue the alternate value of the property as found by the court or jury shall be deemed to be the amount involved.
(Acts 1969, No. 987, p. 1744, §3; Acts 1993, No. 93-346, p. 536, §5.)
Each of the courts of appeals shall have and exercise original jurisdiction in the issuance and determination of writs of quo warranto and mandamus in relation to matters in which said court has appellate jurisdiction. Each court shall have authority to grant injunctions and issue writs of habeas corpus and such other remedial and original writs as are necessary to give it a general superintendence and control of jurisdiction inferior to it and in matters over which it has exclusive appellate jurisdiction and to punish for contempts by the infliction of a fine not exceeding $100.00 and imprisonment not exceeding 10 days, or both, and to exercise such other powers as may be given to such court by law.
(Acts 1969, No. 987, p. 1744, §4.)
The regular term of the courts of appeals shall be the same as that of the Supreme Court, but the court may, in its discretion, adjourn from time to time.
(Acts 1969, No. 987, p. 1744, §14.)
Suitable and adequate quarters for the holding of the sessions of the courts and for the use of the judges and other officers of the court shall be provided.
(Acts 1969, No. 987, p. 1744, §8.)
When it is deemed advisable or necessary for the proper dispatch of the business of the Alabama Court of Criminal Appeals, the Chief Justice of the Supreme Court, with the advice of the Supreme Court and the presiding judge of the Alabama Court of Criminal Appeals, may in writing designate any case in the Court of Criminal Appeals to be transferred to the Supreme Court for hearing and final determination by that court. Such written designation shall be entered upon the minutes of each of the courts, and the Clerk of the Court of Criminal Appeals shall deliver to the Clerk of the Supreme Court the transcript of the record and all other papers in the cases so designated, together with copies of any orders that may be made in any such cases by the Court of Criminal Appeals. Upon the making or entering of such designation, the jurisdiction and control of the Court of Criminal Appeals over the designated case shall cease and terminate.
(Acts 1971, 3rd Ex. Sess., No. 74, p. 4282, §1.)
When it is deemed advisable or necessary for the proper dispatch of the business of the Alabama Court of Civil Appeals, the Chief Justice of the Supreme Court, with the advice of the Supreme Court, and the presiding judge of the Court of Civil Appeals, may in writing designate any case in the Alabama Court of Civil Appeals to be transferred to the Supreme Court for a hearing and final determination by that court. Such written designation shall be entered upon the minutes of each of the courts, and the Clerk of the Court of Civil Appeals shall deliver to the Clerk of the Supreme Court the transcript of the record and other papers in the cases so designated, together with copies of any orders that may be made in any of such cases by the Court of Civil Appeals. Upon the making and entering of such designation, the jurisdiction and control of the Court of Civil Appeals over the designated case shall cease and terminate.
(Acts 1971, 3rd Ex. Sess., No. 74, p. 4282, §2.)
The decisions of the Supreme Court shall govern the holdings and decisions of the courts of appeals, and the decisions and proceedings of such courts of appeals shall be subject to the general superintendence and control of the Supreme Court as provided by Constitutional Amendment No. 328.
(Acts 1969, No. 987, p. 1744, §10.)
In the absence of a judge of either of the courts of appeals or in case of the disqualification of a judge, a majority can hold court and decide cases and announce the result when concurred in by them. In the event the remaining judges are equally divided as to the decision, or the court is reduced to less than a majority, the fact must be certified to the Chief Justice of the Supreme Court, and he shall appoint a justice or justices of that court to sit with the divided members to consider and decide said case, or, if the entire court is disqualified, the appointed justice shall consider and decide the case.
(Acts 1969, No. 987, p. 1744, §13.)
The reporter decisions of the Supreme Court and courts of appeals shall report the opinions and decisions of the courts of appeals in all respects as he is now or hereafter may be required by law to report the decisions and opinions of the Supreme Court.
(Acts 1969, No. 987, p. 1744, §12.)
The marshal and librarian of the Supreme Court and his assistants shall be the marshal and librarian and assistants, respectively, of the courts of appeals and shall discharge such duties and obey such directions, not inconsistent with the laws of the state or his duties as marshal and librarian of the Supreme Court and pertaining to his office, as may be required by the judges.
(Acts 1969, No. 987, p. 1744, §25.)
The judges of the Court of Criminal Appeals are hereby authorized to appoint and employ a clerk, an assistant clerk, an executions clerk and five secretaries. Such clerk shall serve as confidential assistant and such assistant clerk, executions clerk and secretaries shall serve as confidential secretaries in the same manner and to the same extent as other confidential assistants and confidential secretaries employed in the state service, shall perform such duties as may be required by the judges of the court and shall be subject to the Merit System Act only as to the pay plan.
The salary of the clerk shall be fixed under the provisions of the merit system in the same pay range as that of attorneys in the highest classification of attorneys in the classified service, and the salary of the assistant clerk shall be fixed under the provisions of the merit system in the same pay range as that of attorneys in the next-to-highest classification of attorneys in the classified service, and these salaries shall be payable as the salaries of other state officers and employees are paid.
(Acts 1969, No. 987, p. 1744, §26; Acts 1971, No. 1208, p. 2102.)
Before entering upon the duties of his office, the Clerk of the Court of Criminal Appeals shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
(a) The office of dockets Clerk of the Court of Criminal Appeals of Alabama is hereby created, such clerk to be appointed by the judges of the Court of Criminal Appeals and removable at any time the said judges of the Court of Criminal Appeals may see fit.
(b) The duties of such dockets clerk shall be to keep in regular order the dockets of the clerk’s office of the court, to enter from day today the judgments and proceedings of the court and to perform such duties as may be required by the judges of the court.
(c) The dockets Clerk of the Court of Criminal Appeals shall serve as confidential assistant to the court and shall be subject to the Merit System Act only as to the pay plan.
(Acts 1969, No. 996, p. 1853.)
The judges of the Court of Civil Appeals are authorized to appoint and employ a clerk. The clerk so appointed by the court may be removed at any time for cause, to be determined by the court and entered at length on its record. The salary of the clerk shall be fixed under the provisions of the merit system in the top pay range of the highest classification of attorneys in the classified service, and said salary shall be payable as the salaries of other state officials are paid. The clerk is authorized to appoint and employ such additional employees as may be required by him to adequately operate the office of clerk. Each judge of the Court of Civil Appeals is hereby authorized to appoint and employ a confidential secretary who shall serve at the pleasure of the judge and shall be subject to the Merit System Act only as to the pay plan.
(Acts 1969, No. 987, p. 1744, §27; Acts 1975, 3rd Ex. Sess., No. 143, p. 386, §1.)
Before entering upon the duties of his office, the Clerk of the Court of Civil Appeals shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $5,000.00, for the faithful performance of his duties.
(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190.)
The clerks of the courts of appeals must keep the office open for transaction of business on every day except Saturday, Sunday and legal holidays for such hours as may be directed by the courts of appeals.
(Acts 1969, No. 987, p. 1744, §28.)
Each clerk shall have the authority and it shall be his duty:
(1) To administer oaths and take affidavits;
(2) To issue and sign all writs and process of every description, issued under the authority of the court;
(3) To keep in regular order the papers, dockets and records of the court;
(4) To keep dockets as prescribed by the courts;
(5) To enter from day to day the judgments and proceedings of the courts; and
(6) To have the transcripts of the records of all cases, with a copy of the orders made and of the final judgment or order in each case, and the manuscript opinions of the courts decided at such term, properly preserved so as to show the term at the end of each term. Such transcript and copy of the orders and of final judgment and the manuscript opinion of the court shall constitute the record in each case.
(Acts 1969, No. 987, p. 1744, §29.)
Each judge of each court of appeals is authorized to appoint one law clerk to assist the appointing judge in the performance of his duties.
(Acts 1969, No. 987, p. 1744, §16.)
Each law clerk so appointed shall serve as law clerk to the judge appointing him and may be dismissed and a successor appointed at the will of the appointing judge.
(Acts 1969, No. 987, p. 1744, §17.)
The salary of each such law clerk shall be the same as the salary paid to law clerks of the supreme court justices and shall be payable as the salaries of other state employees are paid.
(Acts 1969, No. 987, p. 1744, §18.)
The salaries of all the employees of the courts of appeals shall be paid as the salaries of other state employees are paid.
(Acts 1969, No. 987, p. 1744, §27; Acts 1975, 3rd Ex. Sess., No. 143, p. 386, §1.)
(a) The cost of preserving records according to the provisions of this chapter shall be paid out of the treasury as accounts for printing and binding of the state are paid.
(b) The record books, blanks and stationery and furniture necessary to the courts shall be furnished in like manner as they are furnished to the other public officers in the capitol.
(Acts 1969, No. 987, p. 1744, §30.)
The Attorney General in person or by assistant must attend on the part of the state to all criminal cases and all civil actions in which the state is a party in said courts of appeals.
(Acts 1969, No. 987, p. 1744, §31.)
Within the limitations or jurisdiction conferred on the courts of appeals by this chapter, the provisions of Section 12-2-9 are made applicable to said courts of appeals.
(Acts 1969, No. 987, p. 1744, §9.)
(a) The Alabama Court of Criminal Appeals is hereby authorized to hire three staff attorneys to assist the court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by the court. The staff attorneys shall be licensed to practice law in the State of Alabama and shall be appointed by and serve at the pleasure of the court. The salaries of each staff attorney shall be fixed within the range of the classification of attorney II under the merit system, to be paid as other state salaries are paid. The said staff attorneys shall be subject to the Merit System Act only as to the pay plan.
(b) The Court of Criminal Appeals is hereby authorized to hire, in addition to all other clerical employees, a confidential assistant to perform the stenographic and secretarial services for the staff attorneys appointed pursuant to subsection (a) of this section. The said confidential assistant shall be appointed by and serve at the pleasure of the court and shall be paid a salary accordingly. The confidential assistant shall be subject to the Merit System Act only as to the pay plan.
(Acts 1977, No. 633, p. 942; Acts 1979, No. 79-320, p. 473.)
The Alabama Court of Criminal Appeals is hereby authorized to hire two additional staff attorneys to assist that court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by the court. The staff attorneys shall be licensed to practice law in the State of Alabama and shall be appointed by and serve at the pleasure of the court. The salaries of all staff attorneys shall be fixed within the range of the proper classification of attorneys under the merit system as may be determined by the court. Said staff attorneys shall be subject to the Merit System Act only as to the pay plan selected for them by the Court of Criminal Appeals. The court is hereby authorized to employ one additional secretary to serve at the pleasure of the court to be classified as a confidential assistant to the court, subject to the Merit System Act only as to pay plan.
(Acts 1982, No. 82-462, p. 740, §1.)
(a) The judges of the Court of Criminal Appeals are hereby authorized to appoint and employ one additional clerical employee to serve in the office of the Clerk of the Court of Criminal Appeals.
(b) The duties of this employee shall be to assist the clerk of the court and perform such duties as may be required by the judges of the court.
(c) This employee shall serve as a confidential assistant to the court and shall be subject to the Merit System Act only as to pay plan.
(Acts 1985, No. 85-656, p. 1028, §§1-3.)
The Supreme Court and the courts of appeal may employ sufficient personnel to carry out their constitutional duties payable from any funds appropriated or available to such courts. The Supreme Court, after consultation with the presiding judges of the courts of appeal, may provide, by order or rule, for the appointment, qualifications, and duties of the State Law Librarian, the Reporter of Decisions of the Supreme Court and the courts of appeal, and the personnel for the security, maintenance, and operation of the State Judicial Building, State Law Library, and the Office of Reporter of Decisions. The Supreme Court and the courts of appeal may each respectively provide, by order or rule, for the appointment, qualifications, and duties of any personnel employed by each court. The Supreme Court and the courts of appeal shall consult with the Administrative Office of Courts in promulgating the procedures for the appointment of employees under this chapter and shall fix all salaries under the State Judicial Personnel System.
(Acts 1992, No. 92-563, p. 1171, §1.)
The Supreme Court and State Law Library shall be designated the State Law Library and shall be under the supervision of the State Law Librarian.
(Acts 1992, No. 92-563, p. 1171, §2.)
The Administrative Office of Courts is hereby created.
(Acts 1975, No. 1205, p. 2384, §11-103.)
(a) The Administrative Office of Courts may serve as an agency to apply for and receive grants or other assistance and to coordinate or conduct studies and projects in connection with the improvement of the administration of justice.
(b) All officials, officers and employees of the Administrative Office of Courts, including the Administrative Director of Courts, shall be appointed, employed, serve and receive compensation in accordance with the provisions of Section 12-2-30, whether employed by grant funds or otherwise.
(c) The Chief Justice shall have the same authority pertaining to the use of officials, officers, employees and moneys of the Administrative Office of Courts and shall have the same authority of direction as he has with and to other governmental judicial entities or courts as is set forth in Section 12-2-30.
(Acts 1975, No. 1205, p. 2384, §11-103.)
(a) There shall be a state department to be known as the Department of Court Management. This department shall be specifically charged with the duty of assisting the Chief Justice of the Supreme Court of Alabama in connection with his duties as the chief administrative officer of all the trial courts of this state, the Chief Justice’s task of insuring that the business of said courts of the state is attended with proper dispatch and the Chief Justice’s task of seeing that the dockets of such courts are not permitted to become congested and that trial of cases, civil and criminal, is not delayed unreasonably.
(b) The department shall also perform the following duties:
(1) It shall work with the clerks and registers of all civil and criminal trial courts in the state to collect, obtain, compile and digest information and statistics concerning the administration of justice in the state.
(2) It shall serve as an agency to apply for and receive any grants or other assistance and to coordinate and conduct studies and projects in connection with the improvement of the administration of justice and trial courts in Alabama, and it may conduct such studies and projects with or without the assistance of consultants.
(3) It shall assist the Judicial Conference in its tasks.
(4) It shall promote, carry on and assist in programs designed to aid in the continuing legal and judicial education of justices, judges, clerks, registers and other court personnel and to work with any organization or association of such officials.
(5) It shall perform such other duties as may be assigned by the Chief Justice of the Alabama Supreme Court.
(Acts 1971, No. 1593, p. 2725, §1.)
Unless the Chief Justice otherwise directs, the Department of Court Management, under the direction of the Administrative Director of Courts, shall have the responsibility for trial court administration.
(Acts 1975, No. 1205, p. 2384, §11-103.)
The chief administrative officers of the department shall be the court administrator and the assistant court administrator. These officers shall each be appointed by and serve at the pleasure of the Chief Justice of the Alabama Supreme Court for such times as he directs on either a full-time or part-time basis, and they shall perform such duties as are prescribed by the Chief Justice.
The Chief Justice shall appoint such other employees as are needed for the efficient conduct of the business of the department, subject, however, to the provisions of the State Merit System. Their compensation shall be fixed by the Chief Justice under the provisions of the State Merit System department as the salaries of other State Merit System employees are fixed, and such salaries shall be paid at the same time and in the same manner that salaries of such other state employees are paid.
(Acts 1971, No. 1593, p. 2725, §2.)
The officers, officials and employees of the Department of Court Management, other than the court administrator and the assistant court administrator, shall automatically come under the provisions of the personnel merit system after serving a continuous period of six months with the Department of Court Management; provided, that they are not receiving their compensation in whole or in part from grant funds. Thereafter, the officers, officials and employees of the Department of Court Management, other than the court administrator and the assistant court administrator, shall be governed by personnel merit system laws, rules and regulations the same as other employees in the state service, as administered by the state personnel department, but nothing in this section shall be construed to prevent or preclude the removal of an officer, official or employee for cause in the manner provided by law; and such officers, officials and employees, except for appointment and nonmerit system service, shall be subject fully to the provisions of the State Merit System Act and rules and regulations of the State Personnel Board.
(Acts 1975, No. 1205, p. 2384, §11-103.)
The officers, officials and employees of the Administrative Office of Courts and Department of Court Management shall be entitled to insurance, retirement and other state employees’ benefits regardless of whether they are not under the State Merit System or employed in whole or in part by grant funds; provided, that for retirement purposes the state shall contribute only on the funds paid by the state, and such salaries as are paid by the state shall be the only amounts included in their average final compensation unless additional employer costs are appropriated from the grant funds.
(Acts 1975, No. 1205, p. 2384, §11-103.)
The Administrative Director of Courts shall serve as ex officio head of the Department of Court Management and shall also be the head of the Administrative Office of Courts.
(Acts 1975, No. 1205, p. 2384, §11-103.)
The Administrative Director of Courts shall assist the Chief Justice of the Supreme Court of Alabama in connection with the Chief Justice’s duties as administrative head of the judicial system of Alabama, the Chief Justice’s task of seeing that the business of the courts of the state is attended with proper dispatch and the Chief Justice’s task that the dockets of court are not permitted to become congested and that trials and appeals of cases are not delayed unreasonably.
(Acts 1975, No. 1205, p. 2384, §11-101.)
In addition to any other duties and responsibilities that may be assigned to the Administrative Director of Courts by the Chief Justice, he shall have the following duties and authority with respect to all courts, subject to the direction of the Chief Justice:
(1) To require the filing of reports, the collection and compilation of statistical data and other information on the judicial and financial operation of the courts and on the operation of other offices directly related to and serving the courts;
(2) To determine the state of the dockets and evaluate the practices and procedures of the courts and make recommendations concerning the number of judges and other personnel required for the efficient administration of justice;
(3) To prescribe uniform administrative and business methods, systems, forms and records to be used in the offices of the clerks and registers of courts;
(4) To prepare and submit budget recommendations for state appropriations necessary for the maintenance and operation of the Unified Judicial System, with the exception of appellate courts, and to authorize expenditures from funds appropriated for these purposes as permitted or authorized by law;
(5) To investigate, make recommendations concerning and assist in the securing of adequate physical accommodations for the Unified Judicial System;
(6) To procure, distribute, exchange, transfer and assign such equipment, books, forms and supplies as are acquired with state funds or grant funds or otherwise for the Unified Judicial System;
(7) To make recommendations for the improvement of the operations of the Unified Judicial System;
(8) To prepare and submit an annual report on the work of the Unified Judicial System to the Chief Justice;
(9) To assist the Chief Justice in performing his duties relating to the transfer and assignment of justices and judges for temporary or specialized duty;
(10) To assist the Judicial Conference in its tasks;
(11) To promote, carry on and assist in programs designed to aid in the continuing education of justices, judges and other court personnel;
(12) To take necessary steps in the collection of unpaid court costs, fines and forfeitures;
(13) To serve as a liaison with the executive and legislative branches of the state government; and
(14) To perform such additional administrative duties as may be assigned by the Chief Justice.
(Acts 1975, No. 1205, p. 2384, §11-102.)
(a) The Administrative Office of Courts shall provide the following statistics for each fiscal year by circuit as provided in subsection (b):
(1) Number of civil cases filed broken down by category.
(2) Number of civil cases resolved via a motion to dismiss or voluntary dismissal.
(3) Number of civil cases resolved via a motion for summary judgment.
(4) Number of civil cases in which a jury is empaneled.
(5) Number of civil cases tried to a jury verdict.
(6) Number of criminal cases filed broken down by type of offense.
(7) Number of total criminal counts filed broken down by type of offense.
(8) Number of criminal cases resolved via dismissal.
(9) Number of criminal cases resolved via plea agreement.
(10) Number of criminal cases resolved via some form of pre-trial diversion or alternative resolution program.
(11) Number of criminal cases in which a jury is empaneled.
(12) Number of criminal cases tried to a jury verdict.
(13) Number of juvenile cases filed broken down by dependency and delinquency.
(14) Number of juvenile cases resolved.
(15) Number of domestic cases filed broken down by category.
(16) Number of domestic cases resolved.
(17) Number of probate cases appealed to the circuit court.
(18) Any other information or data deemed relevant by the Alabama Supreme Court.
(b) The information required in subsection (a) shall be provided to all of the following by January 15 of each year:
(1) The Speaker of the House of Representatives.
(2) The President Pro Tempore of the Senate.
(3) The chair of the Senate Finance and Taxation, General Fund Committee.
(4) The chair of the House Ways and Means General Fund Committee.
(5) The chair of the Senate Judiciary Committee.
(6) The chair of the House Judiciary Committee.
(7) The Legislative Fiscal Officer.
(8) The chair of the Legislative Council.
(9) The vice chair of the Legislative Council.
(10) The Senate Minority Leader.
(11) The House Minority Leader.
(Act 2023-315, §4.)
In connection with the continuing judicial education of justices, judges, circuit clerks, and court-supportive personnel, the Administrative Office of Courts and the Administrative Director of Courts may:
(1) Direct the expenditure of funds appropriated to the account of the National College of State Trial Judges or any college of judges by whatever name the account appears, or to any accounts for the judicial education of any justice, judge, circuit clerk, or court-supportive personnel;
(2) Direct that the actual and reasonable expenses incurred by a justice, judge, circuit clerk, or court-supportive personnel attending the National College of State Judiciary or any other college, institute, conference, seminar, or organization be paid;
(3)a. Create and use a nonprofit entity as defined by 26 U.S.C. § 501(c)(3) to develop, implement, manage, and fund judicial educational plans, conferences, and programs. The entity may collect nonpublic funds to support this purpose;
b. An entity created under paragraph a. may hold nonpublic funds in an account or accounts maintained outside of the State Treasury, provided the account or accounts are audited or reviewed annually by a certified, independent accounting entity;
c. Any money received by the nonprofit entity which exceeds two thousand five hundred dollars ($2,500) from a single nonpublic source within a fiscal year shall be made publicly available as part of the entity’s audit obligations under paragraph b. Conference registration fees or other similar payments for participation in educational events shall not be considered outside funds for purposes of this paragraph; and
d. Funds received by an entity created under this subsection may not be conditioned upon, directed to, or restricted for the benefit of a particular justice, judge or judges, circuit clerk, or court-supportive personnel. General support provided to develop or expand judicial education programs shall not be considered a prohibited restriction;
(4) Transfer state funds to the nonprofit to support judicial education purposes; and
(5) House the entity created under paragraph (3)a. at the Administrative Office of Courts and staff the entity with employees of the Administrative Office of Courts.
(Acts 1975, No. 1205, p. 2384, §11-103; Act 2026-269, §1.)
(a) In connection with any federal legislation hereafter passed or presently in force and effect, designed, directly or indirectly, to assist or aid in the administration of justice, criminal or otherwise, or the improvement of courts and the judicial system, the Administrative Director of Courts is authorized and empowered to study any and all applications for funds and grants directed to his office from any federal governmental agency or entity and the disbursement of such aid, assistance, subgrants, funds or money to any office or agency of the judicial branch of state government and to direct the disbursement of such aid, assistance, funds, moneys, grants or subgrants and coordinate the same with the overall administration of justice in Alabama, to establish priorities pertaining to such and to designate and direct moneys that have been appropriated to and for the Administrative Office of Courts, the Department of Court Management, the Permanent Study Commission on Alabama’s Judicial System, the Judicial Conference, judicial education, the Trial Courts College of Trial Judges and the Supreme Court to be matching money or funds to be used in connection with any such aid, assistance, funds, moneys, grants or subgrants for either state or local agencies, entities, units or courts, regardless of whether such appropriations are designated for salaries or any other account within the particular appropriation.
(b) In connection with any such disbursements, circuit courts, district courts or trial courts, regardless of the name they bear, are designated as proper local units or entities of government to apply for and receive such assistance, aid, funds, moneys, grants and subgrants and are further authorized to use moneys in public law libraries, funds within their circuits, districts or counties as matching funds in connection with any judicially or legally related project or function.
(Acts 1975, No. 1205, p. 2384, §11-105.)
(a) In connection with the administration of justice within trial courts or within local court systems, the Administrative Director of Courts shall coordinate the functions and duties of administrative personnel, including court administrators and court administrative aides to judges, so that the overall administration of justice may function with efficiency and cooperation.
(b) The Administrative Director of Courts is authorized to direct the expenditure of moneys appropriated to the Administrative Director of Courts, Administrative Office of Courts, Department of Court Management or to any account for trial courts, circuit courts or district courts for any and all functions or projects directly or indirectly affecting the operation of any court, the administration of justice or continuing education for judges and court-supportive personnel and may transfer moneys appropriated for such office, department or accounts to any one or more of such other accounts, office or department.
(Acts 1975, No. 1205, p. 2384, §11-106.)
In connection with the functions of conducting studies and projects pertaining to improvements in the administration of justice, the improvement of courts in Alabama and continuing legal and judicial education, the Chief Justice or the Administrative Director of Courts is authorized and empowered to employ consultants and consultant firms in connection therewith and to contract with the same for their services at such compensation and for such time as he determines to be advisable. Such contracts with such consultants or consultant firms shall be considered as contracts for professional services.
(Acts 1975, No. 1205, p. 2384, §11-104.)
The Chief Justice may, by power of attorney or other writing, authorize and empower the Administrative Director of Courts, the court administrator and any other officer in the Administrative Office of Courts or the Department of Court Management or the office of Clerk of the Supreme Court to sign the name of the Chief Justice to any instruments and documents that he is required to sign, including, but not limited to, the approval of expense accounts of trial judges and supernumerary or retired judges and approval of fees for attorneys for services rendered in defense of indigents in criminal cases. Such instrument of authorization shall be filed in the office of the Clerk of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §11-107.)
The Chief Justice and officers, officials and employees of the Administrative Office of Courts and Department of Court Management are authorized to join organizations and associations devoted to the improvement of justice or related activities, the administration of justice and improvement of courts or related activities and to be reimbursed their membership dues.
The director is further authorized to pay such dues and to pay membership dues for the state membership in The National Center for State Courts, Conference of Chief Justices, Conference of State Court Administrators, Appellate Judges Conference, National Conference of Appellate Court Clerks, National Conference of Trial Judges and National Conference of Special Court Judges and other similar organizations out of any moneys appropriated to the Administrative Office of Courts or the Department of Court Management.
(Acts 1975, No. 1205, p. 2384, §11-108.)
(a) Notwithstanding any other provision of law relating to reimbursement of traveling expenses of public officers and employees, the Chief Justice, officers, officials, personnel and employees of the Administrative Office of Courts and Department of Court Management are authorized to attend colleges, schools, conferences, seminars and other meetings pertaining to the administration of justice and courts, as well as performing the duties of their office, in or outside the State of Alabama, provided the chief justice requests them to do so, and are entitled to be reimbursed for their actual and necessary expenses, including, but not limited to, travel expenses, lodging, subsistence outside the County of Montgomery, tuition fees, registration fees and membership fees or dues.
(b) Members of the judiciary and court-supportive personnel are authorized to attend judicial colleges, institutes, seminars, conferences, court sessions or other meetings concerning the administration of justice, in or outside the State of Alabama; and, notwithstanding any other provision of law relating to reimbursement of traveling expenses of public officers and employees, such members of the judiciary and court-supportive personnel shall be reimbursed their actual and necessary expenses, including, but not limited to, travel expenses, lodging, subsistence outside the circuit or district in which they are employed, registration fees and membership dues or fees; provided, that the Chief Justice orders such member of the judiciary or any court-supportive personnel to attend the same.
(Acts 1975, No. 1205, p. 2384, §11-103.)
In connection with studies, projects and functions designed to improve or effect the administration of justice, the operation of courts and continuing legal and judicial education, the Administrative Director of Courts, the Department of Court Management and the Chief Justice are authorized to use the services of any member of the judiciary of any court and court-supportive personnel, including, but not limited to, court reporters, clerks, registers, bailiffs, law clerks, court administrators, secretaries and employees in clerks’ offices and registers’ offices.
(Acts 1975, No. 1205, p. 2384, §11-103.)
In the event the Administrative Office of Courts or the Department of Court Management sponsors any conference or any meeting of members of the judiciary or court-supportive personnel or sponsors a conference or meeting on behalf of any other agency, entity, court or unit of government or any group of individuals involved in projects designed to improve the administration of justice or continuing education, the Administrative Director of Courts or court administrator of the Department of Court Management is authorized to direct the payment for meal meetings of such conferences or meetings and meeting room expenses, as well as other expenses of such conferences or meetings.
(Acts 1975, No. 1205, p. 2384, §11-103.)
The justices of the Supreme Court shall have the power and authority to review, countermand, overrule, modify or amend any administrative decision by either the Chief Justice or the Administrative Director of Courts. A majority of all the justices shall constitute a quorum for such purpose. The concurrence of a majority of all the justices shall be sufficient to determine the question of whether and how such decision shall be so reviewed, countermanded, overruled, modified or amended.
(Acts 1975, No. 1205, p. 2384, §11-109.)
The Administrative Director of Courts, with the approval of the Chief Justice, is hereby authorized to appoint and employ not more than two confidential secretaries who shall serve at the pleasure of the Chief Justice. Said secretary or secretaries shall be subject to the Merit System Act only as to pay plan, and shall be assigned to assist retired justices or judges who perform active duty for the Supreme Court or one or both of the courts of appeals.
(Acts 1977, No. 207, p. 274.)
Juvenile probation officers are an integral part of the juvenile justice system. Juvenile probation officers perform a variety of services which are essential to the proper operation of the juvenile courts including working primarily with youths who are alleged to be delinquent or in need of supervision. It is the intent of the Legislature that a comprehensive system of juvenile probation services be developed, implemented, and administered statewide by the Administrative Office of Courts.
(Act 98-392, p. 782, §1.)
(a) Beginning October 1, 1998, the Administrative Director of Courts shall promote the delivery of juvenile probation services for youths alleged or adjudged to be delinquent or in need of supervision, establish and promulgate reasonable minimum standards for initial and continuing certification of juvenile probation officers, and verify any applicant meeting these standards for the position of juvenile probation officer.
(b) The Administrative Director of Courts may establish and schedule in-service education and training for juvenile probation officers which shall include training and educational programs to enable juvenile probation officers to meet the minimum standards established pursuant to this section. Juvenile probation officers in counties having a population of 99,000 or less according to the 1990 federal decennial census may attend judicial colleges, including, but not limited to, programs of the Alabama Judicial College, institutes, seminars, conferences, or other meetings concerning probation and aftercare services, juvenile justice, and the administration of justice, in or outside of the State of Alabama, as may be approved by the Administrative Director of Courts. Written authorization, as required by Section 36-7-21, shall be obtained in advance for any education-related travel outside the State of Alabama. Juvenile probation officers from counties having a population of 99,000 or less according to the 1990 federal decennial census shall receive reimbursement for their expenses at the same rates and pursuant to the same rules and regulations applicable to other court personnel when attending approved seminars, institutes, conferences, judicial colleges, or meetings.
(Act 98-392, p. 782, §3.)
There is created in the State Treasury a fund to be designated as the Juvenile Probation Services Fund. All funds now or hereafter deposited to the credit of the Juvenile Probation Services Fund shall be expended for the purposes of carrying out the provisions of this chapter which shall include, but not be limited to, providing juvenile probation services for children alleged or adjudged to be delinquent or in need of supervision, salaries and related costs for juvenile probation officers, salaries and related costs for other professional and support staff for juvenile probation services, training and education of juvenile probation officers and staff, research, equipment, printing, supplies, state administrative office support staff, or any other purpose consistent with the purposes of this chapter in counties having a population of 99,000 or less according to the 1990 federal decennial census and for providing salary subsidies for juvenile probation officers in counties having a population of more than 99,000 according to the same census. All funds now or hereafter deposited to the Juvenile Probation Services Fund from appropriations, grants, gifts, donations, bequests, loans, or any other source, public and private, shall be expended for the purposes of carrying out the provisions of this chapter. Notwithstanding the foregoing, no funds shall be withdrawn or expended for any purpose unless the funds have been appropriated by the Legislature and any sums so appropriated shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41. Except for appropriations from the State General Fund or the Education Trust Fund, receipts to the Juvenile Probation Services Fund shall not revert at the end of the fiscal year and shall remain in the fund. Funds from the Juvenile Probation Services Fund shall be appropriated annually to the Unified Judicial System to be expended for the purposes of this chapter or any other purposes specified herein.
(Act 98-392, p. 782, §4.)
(a) On October 1, 1998, all duties currently assigned to the Department of Youth Services relating to the establishment of minimum standards and the certification of juvenile probation officers, providing continuing education for juvenile probation officers, and allocating salary subsidies to the counties for authorized juvenile probation positions, shall be transferred to the Administrative Office of Courts.
(b) On October 1, 1999, the juvenile probation officers and other juvenile probation personnel in any county having a population of 99,000 or less according to the 1990 federal decennial census shall be transitioned to the state court system personnel system administered by the Administrative Office of Courts. The aforementioned personnel shall not include any personnel providing services for detention or shelter care facilities.
(Act 98-392, p. 782, §5.)
(a) On the effective date of this chapter, any juvenile probation officer serving the juvenile court and any clerical employee or professional staff member who supports the juvenile probation officers shall become the base group of employees to be transitioned to be employees of the State of Alabama and be included in the state court system personnel system. The foregoing provision shall have no application or effect as to any position that is established and filled after passage of this chapter, unless prior written approval for the additional position is provided by the Administrative Director of Courts, nor shall it apply to any position or employee whose primary responsibility involves support to a juvenile detention or shelter care facility. Any controversy regarding the composition of that class of persons or positions qualifying as court personnel under this chapter shall be determined by the Administrative Director of Courts whose decision shall be final.
(b) Beginning October 1, 1998, the Administrative Office of Courts shall provide salary subsidies to each county for juvenile probation officers and shall continue those subsidies until the beginning of the fiscal year in which the juvenile probation officers are assumed by the state court system personnel system.
(1) The Administrative Office of Courts shall allocate salary subsidies to each county for juvenile probation officers on the basis of one salary subsidy per 15,000 population or a fraction thereof. Provided, however, if legislation is enacted to provide additional salary subsidies for additional juvenile probation officers, the salary subsidy ratio as provided herein shall be adjusted accordingly. The last federal decennial census shall be used for these calculations. If there are counties with a population of less than 30,000 which do not provide matching funds, the salary of one probation officer may be fully funded per county.
(2) The Administrative Office of Courts shall expend funds to provide a salary subsidy of twenty-two thousand dollars ($22,000) or one-half of the total salary actually paid to a juvenile probation officer, whichever is greater, for the number of probation officers’ subsidies provided to a county in the formula in subdivision (1). The subsidy shall be paid to each county only for juvenile probation officers authorized and employed. Employment for purposes of this subdivision includes temporary vacancies of 30 days or less. Salary rates and ranges for juvenile probation officers shall be established by county personnel boards, county commissions, or any other local entities. These salary rates and ranges shall be adjusted to reflect a minimum salary for juvenile probation officers of twenty-two thousand dollars ($22,000) effective October 1, 1994. In adjusting the salary rates and ranges of juvenile probation officers, no county shall reduce the portion it pays for any probation officer salary below the salary level in effect on January 1, 1994.
(3) On the first day of the fiscal year in which the juvenile probation officers of a county are transitioned to the state court system personnel system, juvenile probation officer salary subsidies shall no longer be paid to that county. Counties having a population of more than 99,000 according to the 1990 federal decennial census shall continue to receive salary subsidies as provided in subdivisions (1) and (2).
(Act 98-392, p. 782, §6.)
In counties having a population of 99,000 or less according to the 1990 federal decennial census, after the state assumes responsibility for salaries and benefits of juvenile probation officers and staff of juvenile probation services, financial support from those counties for these functions shall be phased out over a five-year period. In the initial year of each county’s transition, the county shall pay to the Juvenile Probation Services Fund in the State Treasury a sum equal to the total amount expended by the county during fiscal year 1997-98 for salaries and fringe benefits of juvenile probation officers, excluding the amount reimbursed by the state through salary subsidy payments, and staff of juvenile probation services as well as expenditures for supplies, travel, and administrative costs which can be documented. Each county shall enter into a contract with the state which establishes the amount to be paid and the terms of payments over the years of transition. The amount shall specifically exclude the salaries of staff and expenses of juvenile detention facilities and shelter care facilities. For each of the years two through five after transition begins, the annual amount paid by each county to the state shall be reduced by an additional 20 percent of the initial year’s amount so that at the end of the five-year period, the county shall not remit any reimbursement to the state. Remittance for the reimbursement from the county shall be made by the tenth of each month to the Juvenile Probation Services Fund in the State Treasury.
(Act 98-392, p. 782, §7.)
On or after October 1, 1999, the allocation of positions or salary subsidies in juvenile probation services shall be as follows:
(1) In counties having a population of more than 99,000 according to the 1990 federal decennial census, the Administrative Office of Courts shall provide salary subsidies for juvenile probation officers on the basis of one salary subsidy per 15,000 population or fraction thereof. Provided, however, if legislation is enacted to provide additional salary subsidies for additional juvenile probation officers, the salary subsidy ratio as provided herein shall be adjusted accordingly. The Administrative Office of Courts shall expend funds to provide a salary subsidy in accordance with subsection (b) of Section 12-5A-5. This subsidy shall be paid to the counties only for juvenile probation officers authorized and employed. Employment for purposes of this subsection includes temporary vacancies of 30 days or less. Salary rates and ranges for juvenile probation officers in these counties shall be established by county personnel boards, county commissions, or any other local entity, but shall reflect a minimum salary of twenty-two thousand dollars ($22,000). Nothing herein shall be construed to prohibit any juvenile probation officer from being covered by the provisions of any local act establishing a local merit system or personnel board in counties having a population of more than 99,000 according to the 1990 federal decennial census.
(2) The juvenile court in counties having a population of more than 99,000 according to the 1990 federal decennial census may appoint one or more juvenile probation officers, as authorized by law and certified by the Administrative Office of Courts, who shall serve at the pleasure of the court. If more than one juvenile probation officer is appointed, one may be designated by the court as the chief probation officer or director of juvenile probation services. The chief probation officer or director of juvenile probation services shall be responsible for the administration of juvenile probation services under the direction of the court.
(3) In counties having a population of 99,000 or less according to the 1990 federal decennial census, the Administrative Director of Courts shall consult with each juvenile court judge and the presiding circuit court judge to determine the need for juvenile probation officers and other staff to support the juvenile probation services within that county. The Administrative Director of Courts shall develop a statewide assessment for juvenile probation services and criteria for allocating juvenile probation officers and other staff in counties having a population of 99,000 or less according to the 1990 federal decennial census. Based upon the statewide allocation criteria, juvenile probation officer and support staff positions shall be allocated to each county by the Administrative Director of Courts. After the effective date for the transition of a county, the presiding juvenile court judge may appoint juvenile probation officers and other support staff to positions approved by the Administrative Director of Courts based upon the allocation criteria for the proper functioning of the juvenile court within the county and subject to funding available at the time of the appointment. The implementation of an allocation formula based upon the statewide assessment and the criteria for allocation shall not affect those persons serving as juvenile probation officers or juvenile probation staff on the effective date of this chapter.
(Act 98-392, p. 782, §8.)
On or after October 1, 1999, each of the following shall occur:
(1) In each county having a population of 99,000 or less according to the 1990 federal decennial census, all juvenile probation officers and employees covered by this chapter, and any future employees occupying covered positions, shall be under the direct supervision of the presiding juvenile court judge.
(2) All juvenile probation officers in counties having a population of 99,000 or less according to the 1990 federal decennial census shall be state employees and shall be subject to the procedures of the state court system personnel system. All appointments of juvenile probation officers for authorized positions within a county shall be made by the presiding juvenile court judge, subject to the approval of the Administrative Director of Courts. Persons so appointed shall not be a part of the merit system in the state court system personnel system. Any dismissal of a juvenile probation officer, except those appointed as chief juvenile probation officers or directors of probation services, shall be for good cause and shall be subject to review by the Administrative Director of Courts. Juvenile probation officers who are subject to appointment and dismissal procedures pursuant to a local government merit system immediately prior to October 1 of the year of transition shall be subject to all Merit System procedures established by the Administrative Director of Courts for other merit employees in the state court system personnel system.
(3) If there is more than one juvenile probation officer in a county having a population of 99,000 or less according to the 1990 federal decennial census, the presiding juvenile court judge may appoint a chief juvenile probation officer or director of probation services who shall be responsible for the administration of the juvenile probation services under the direction of the juvenile court. If there is only one juvenile probation officer in a county, the presiding juvenile court judge may designate that juvenile probation officer as the chief juvenile probation officer or director of probation services. The chief juvenile probation officer or director of probation services shall serve in that position at the pleasure of the appointing juvenile court judge. Any person appointed as chief juvenile probation officer or director of probation services who previously served as a juvenile probation officer within the circuit or district, may return to juvenile probation officer status and may be appointed to a vacant juvenile probation officer position within the circuit or district. If there is no vacancy in the circuit or district, the position of the individual shall be terminated without prejudice.
(4) Any employee, on the effective date for the transition of a county having a population of 99,000 or less according to the 1990 federal decennial census, or hereafter appointed to a position in juvenile probation services, other than chief juvenile probation officers, directors of probation services, or juvenile probation officers, covered by this chapter and any future employee occupying those positions, shall be subject to the same merit system procedures of employment as apply to merit employees in the state court system personnel system.
(Act 98-392, p. 782, §9.)
(a) Class specifications and rates of compensation for employees covered by this chapter, juvenile probation officers, juvenile probation professional staff, and clerical staff, hereafter called “eligible employees,” and any future employees occupying those positions shall be established by the Administrative Director of Courts. Notwithstanding the foregoing, the compensation of any employee shall not be diminished as a result of his or her inclusion in the state court system personnel system.
(b) Eligible employees included in the state court system personnel system pursuant to this chapter shall, on October 1 of the year their county transitions, be covered by the Employees’ Retirement System. An employee who on that date is participating in a local retirement plan other than a unit administered by the Employees’ Retirement System may, by written notice filed with both the Administrative Director of Courts and the administrator of the local retirement plan within 30 days prior to the date the employee joins the state court system personnel system, elect to retain instead membership in the local retirement plan. Upon election of an employee and notice from the local retirement program of the employer retirement contribution rate attributable to the employee, the Administrative Director of Courts shall pay to the local retirement plan the employer contribution for any employee electing to retain local plan membership. The employer contribution paid by the state to the local retirement plan shall not exceed the employer contribution paid by the state for eligible members transferring to the Employees’ Retirement System. The county shall pay into the local plan any additional amount necessary to fully fund the employer contribution pursuant to the local retirement plan.
(1) Eligible employees who have participated in retirement programs with units of local government, whether or not the local programs have utilized the state employees’ retirement plan to administer the funding of the plans, shall receive credit for prior service for which they have been given credit under the local retirement programs. When an eligible employee joins the Employees’ Retirement System, the total of all employer and employee contributions plus any other amounts, including, but not limited to, interest attributable to the account of the employee to which the employee would have had the right to receive upon withdrawal from the local retirement program, shall be transferred immediately into the Employees’ Retirement Fund on account of the employee under the same rules and regulations applicable to other members of the Employees’ Retirement System on the date the employee joins the Employees’ Retirement System. Amounts transferred shall not exceed the amount that would have been received on behalf of the employee had the employee been participating in the Employees’ Retirement System for the length of his or her creditable service. Any contribution represented by annuities purchased by or through the previous employer on account of the employment therewith of any eligible employee and for his or her individual benefit shall be immediately cashed out and the proceeds transferred along with any other regular contributions to the Employees’ Retirement System.
(2) Eligible employees who have participated in unfunded local retirement programs or who have not participated in retirement programs with units of local government shall be granted prior service credit by the Employees’ Retirement System, based on length of previous service in any position in juvenile probation services covered by this chapter, to a maximum of five years. The Secretary-Treasurer of the Employees’ Retirement System shall authorize and direct the Comptroller to pay from the Juvenile Probation Services Fund the cost of granting prior service credit in the amounts determined to be necessary, and the Comptroller shall pay those amounts as necessary for both employer and employee contributions into the Employees’ Retirement Fund on account of the eligible employee under the same rules and regulations applicable to other members of the Employees’ Retirement System. In addition to the five-year prior service credit described above, any eligible employee may purchase prior service credit in any position covered by this chapter, not to exceed actual years served, by direct payment to the Employees’ Retirement System, within one year after October 1 of the year of transition in an amount as determined to be necessary by the Employees’ Retirement System for the prior service credit desired.
(3) Any unresolved issues relating to the Employees’ Retirement System, including eligibility, membership, benefits, or any other similar question shall be determined by the Board of Control of the system.
(c) The Administrative Office of Courts shall consult with each local personnel system prior to October 1 of the year of transition, to determine the existence of any formal leave accounting system for the benefit of those persons joining the state court system personnel system, as provided in this chapter. “Formal leave accounting system” as used herein refers to a system with an established written policy wherein annual and sick leave are earned in specified increments and leave balances for each employee are maintained on individual leave accounting cards or can be calculated based on supportive documentation.
(1) Each local personnel system operating a formal leave accounting system for the benefit of any employee covered by this chapter shall certify to the Administrative Director of Courts the balance of all annual and sick leave credited to each employee’s leave account as of the close of business on September 30 of the year prior to transition. Upon receipt of a properly certified leave balance from the appropriate county commission, the Administrative Director of Courts shall credit an individual’s leave accounting card with all unused annual and sick leave to which he or she was entitled on September 30 of the year prior to transition. Notwithstanding the foregoing, no individual shall be credited with more than 480 hours of annual leave nor more than 1,200 hours of sick leave for any service rendered prior to his or her inclusion in the state court system personnel system, except that any sick leave earned in excess of this maximum may be credited as a sick leave reserve which may be restored to the employee’s sick leave account if that employee suffers an extended illness or disability which results in a depletion of his or her sick leave balance.
(2) Employees entering the state court system personnel system on October 1 of the year of transition, as herein provided, who were not previously covered by a formal leave accounting system shall begin participation in the leave accrual program.
(3) It shall be the responsibility of each county commission to certify to the personnel division of the Administrative Office of Courts, for eligible employees covered by this chapter, their total service through September 30 of the year prior to transition. For eligible employees in counties maintaining a formal leave accounting system, each county shall certify the employee’s total service with the county. For eligible employees in counties without a formal leave accounting system, certification shall include only the dates of employment in any position covered by this chapter. An employee’s leave accumulation rate shall then be established based on such service, and he or she shall begin earning leave on October 1 of the year of transition, in accordance with the rules and regulations applicable to other employees in the state court system personnel system.
(4) No compensatory leave shall be transferred to the state court system personnel system.
(d) On October 1 of the year of transition, all employees covered by this chapter and any future employees occupying positions covered by this chapter shall be included in the health insurance plan for employees of the State of Alabama under the same rules and regulations applicable to other employees covered by that plan. Any waiting periods applicable to coverage that would otherwise be applicable to an employee joining the state’s service are specifically waived for employees covered by this chapter who have at least nine months service prior to transition and provided further that upon receipt of proof at least 30 days prior to October 1 of the year of transition, from any covered employee that his or her family health insurance coverage was furnished as a supplemental benefit to his or her employment immediately prior to his or her inclusion in the state court system personnel system, the Administrative Director of Courts shall pay the cost of family coverage under the state health plan for the individual. In lieu of coverage in the health insurance plan for state employees as provided herein, any employee covered by this chapter may elect instead to continue to participate in the insurance program provided to the employees of the local governmental unit. Notice of election shall be filed by the individual both with the Administrative Director of Courts and the local governmental unit providing the coverage at least 30 days prior to the date the employee joins the state court system personnel system. Upon receiving notification, the state shall reimburse the local governmental unit for the cost of providing this insurance coverage to the employee. Should conditions cause this local governmental unit to alter or discontinue the insurance coverage offered to its employees after the transition date, any employee covered by this chapter electing to participate in the local governmental health insurance program shall be treated as any other employee of the local governmental unit. If any alterations in coverage made by the local governing body are unacceptable to the employee covered by this chapter electing to participate in the local insurance program, the Administrative Director of Courts may take all reasonable action necessary to procure the same or substantially the same coverage in substantially the same amounts as was in effect on January 1 of the year of transition. In any instance where the Administrative Director of Courts is unable to procure the same or substantially the same coverage as herein provided, he or she shall notify the employee who shall then be included in the health insurance plan for employees of the State of Alabama under the same provisions as applicable to employees covered by this chapter who joined the plan on October 1 of the year of transition. Any covered employee who elects to retain coverage under any local insurance program as provided herein, may, during any period of open enrollment as specified by the State Employees’ Insurance Board, elect to come under the State Employees’ Health Insurance Plan in lieu of any local insurance program. The election shall be made in accordance with any procedure prescribed by the State Employees’ Insurance Board, with a written copy of the notice being filed with the Administrative Director of Courts. All waiting periods applicable to coverage that would otherwise apply to other employees joining the state service or their dependents, shall also apply to any person making an election under this subsection. All questions regarding coverage under the health insurance plan for employees of the State of Alabama as provided in this chapter shall be directed to the State Employees’ Insurance Board for its determination.
(Act 98-392, p. 782, §10.)
(a) Except as otherwise provided in this chapter, the operating expenses for the employees and positions covered by this chapter shall be paid by the state from funds appropriated annually to the Unified Judicial System from the Juvenile Probation Services Fund beginning on October 1 of the year of transition for counties having a population of 99,000 or less according to the 1990 federal decennial census. The expenses shall include, but not be limited to, the salary and expenses of all eligible employees and positions, training and education for juvenile probation officers and other staff, research, equipment, supplies, and state administrative staff. Staff and administrative expenses of juvenile detention facilities and shelter care facilities are specifically excluded from the assumption.
(b) Upon the effective date of this chapter, the Administrative Director of Courts shall forthwith inventory all county-owned property primarily being used by those employees covered by this chapter at the time of its passage in counties having a population of 99,000 or less according to the 1990 federal decennial census. The inventory shall include all equipment, furniture, and supplies utilized in the operation of the juvenile probation offices, with the exception of any county-owned automobiles. The inventory shall indicate where the property is located, the type and classification of property, its age, its purchase or estimated purchase cost where actual cost data is not available, and the county or other government agency possessing title prior to state assumption. The juvenile probation officers and staff shall provide assistance in the formulation of the inventory as requested by the Administrative Director of Courts. The Administrative Director of Courts shall submit the inventory to the county commission for its review and consideration and the county commission shall, within 60 days after receipt thereof, elect in writing to transfer the property to the state or to retain ownership of the property and agree to be responsible for its maintenance and replacement.
(c) Office space and utilities, except long distance telephone service, for all employees in positions covered by this chapter shall continue to be provided and maintained by the counties.
(Act 98-392, p. 782, §11.)
Nothing in this chapter shall diminish or adversely affect any program or service for children currently provided by a county to its respective juvenile court which is not assumed by the state under this chapter including, but not limited to, programs of financial assistance for juvenile probation and aftercare services, probation-related projects, detention and shelter care programs, and treatment programs for juveniles under the jurisdiction of the court.
(Act 98-392, p. 782, §12.)
(a) There is created a study commission to evaluate the feasibility and effectiveness of transferring to state employee status the juvenile probation officers and staff in counties having a population of more than 99,000 according to the 1990 federal decennial census. The commission shall be composed of one person appointed by the Administrative Office of Courts, one person appointed by the Association of County Commissions of Alabama, one person appointed by the Alabama Association of County Commission Clerks and Administrators, one person appointed by the Council of Chief Probation Officers, one person appointed by the juvenile court judges, one person appointed by the Speaker of the House of Representatives, and one person appointed by the Lieutenant Governor. The commission shall meet on or before October 1, 1998, and shall at that time elect a chair and such other officers as it deems necessary. The first meeting of the commission shall be called by the Administrative Director of Courts. The Administrative Office of Courts shall provide staff and technical assistance to the commission.
(b) The commission shall present its report to the Legislature on or before the fifth legislative day of the 2000 Regular Session.
(Act 98-392, p. 782, §13.)
(a) Notwithstanding the provisions of this chapter to the contrary, and the population of Mobile County, wherever this chapter refers to counties having a population of more than 99,000 according to the 1990 federal decennial census, Mobile County shall not be included and wherever this chapter refers to counties having a population of 99,000 or less according to the 1990 federal decennial census, Mobile County shall be included.
(b) Effective October 1, 2024, notwithstanding the provisions of this chapter to the contrary, and the population of Shelby County, wherever this chapter refers to counties having a population of more than 99,000 according to the 1990 federal decennial census, Shelby County shall not be included and wherever this chapter refers to counties having a population of 99,000 or less according to the 1990 federal decennial census, Shelby County shall be included.
(Act 98-392, p. 782, §14.; Act 2023-402, §1)
(a) All laws or parts of laws, both general and local, and any rules or portions of rules adopted by the Supreme Court which conflict with this chapter are expressly repealed. The provisions of this chapter are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith.
(b) The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
(c) The provisions of this section shall not be construed as repealing any local act which is in effect upon the passage of this chapter and which provides for the collection of additional court costs to be placed in a fund in the county treasury for the general use and maintenance of the juvenile probation office. Any local acts are amended so as to provide that the funds so collected and deposited in the county treasury shall not be utilized for the purpose of supplementing the salary of any juvenile probation officer, but shall, after the effective date of this chapter, be utilized for probation service activities as may be directed by the juvenile court judge, the provisions of any local act to the contrary notwithstanding.
(Act 98-392, p. 782, §15.)
Members of the Judicial Inquiry Commission who are not judges, while engaged in the performance of their duties outside the counties of their residence or in attending meetings of the commission, shall be paid per diem compensation in an amount equal to one half of one percent of the annual salary paid by the State of Alabama to circuit judges.
(Acts 1975, No. 1205, p. 2384, §13-101.)
(a) The Judicial Inquiry Commission may employ an assistant executive director. The commission shall set the salary of the assistant executive director, who shall serve at the pleasure of the commission and be in the unclassified service of the state.
(b) The employment of an assistant executive director pursuant to this section shall be in lieu of the filling of an administrative position authorized in the classified service on July 1, 2006.
(Act 2006-527, p. 1222, §§1, 2.)
Members of the Court of the Judiciary shall be reimbursed for actual and necessary expenses incurred in the performance of their duties as such members; provided, that such expenses must be approved by the chief judge of the court and filed with the Comptroller of the State of Alabama.
(Acts 1975, No. 1205, p. 2384, §14-101.)
The chief judge of the Court of the Judiciary is authorized to employ a court reporter, as needed, who shall assist the court by performing those duties assigned to him by the chief judge. The court reporter shall be compensated at a rate established by the chief judge and paid in the same manner as employees of the state.
(Acts 1975, No. 1205, p. 2384, §14-102.)
A Judicial Conference for the State of Alabama is hereby created, which shall consist of: The Chief Justice of the Supreme Court of Alabama and two associate justices of such court, designated by the Chief Justice; a member of the Court of Criminal Appeals, designated by the presiding judge of that court; a member of the Court of Civil Appeals, designated by the presiding judge of that court; three circuit judges of the state, designated by the president of the association of circuit judges; three lawyers, who are members in good standing of the Alabama State Bar, designated by the president of the Alabama State Bar; one probate judge, designated by the president of the association of probate judges; and, subsequent to establishment of the district courts of Alabama, two district court judges, designated by the president of the association of district judges, and two municipal court judges, designated by the president of the association of municipal court judges.
(Acts 1961, Ex. Sess., No. 74, p. 1949, §1; Acts 1971, 3rd Ex. Sess., No. 118, p. 4343; Acts 1975, No. 1205, p. 2384, §15-101.)
The Chief Justice and the associate justices of the Supreme Court and the judges of the Court of Criminal Appeals and the Court of Civil Appeals shall serve as members of such conference until their designations are changed. The first circuit judges and lawyers shall be appointed one for a term of one year, one for a term of two years and one for a term of three years. Thereafter, their successors shall be appointed for terms of three years. The first district and municipal judges shall be appointed, one for a term of two years and one for a term of three years. Thereafter, their successors shall be appointed for terms of three years. The probate judge shall be appointed for a term of three years, and his successors shall be appointed for three-year terms.
(Acts 1961, Ex. Sess., No. 74, p. 1949, §2; Acts 1971, 3rd Ex. Sess., No. 118, p. 4343.)
Vacancies in the membership of the conference shall be filled for the remainder of any term in the same manner as the original appointment was made.
(Acts 1961, Ex. Sess., No. 74, p. 1949, §3; Acts 1971, 3rd Ex. Sess., No. 118, p. 4343.)
(a) Notwithstanding any other provision of law relating to reimbursement of traveling expenses of public officers and employees, the Chief Justice, justices, judges, lawyer members, officials and employees attending meetings or traveling on official business of the conference or of the Permanent Study Commission on Alabama’s Judicial System, at the direction of the Chief Justice, within or outside of the state, may be reimbursed their actual and necessary expenses, including travel, lodging, food and other expenses, including registration fees and membership fees. Such expenses hereby authorized shall be paid, in full or in part, from any funds in the State Treasury appropriated to the Permanent Study Commission on Alabama’s Judicial System, the Judicial Conference, the Supreme Court of Alabama, circuit judges’ travel, supernumerary circuit judges’ travel and/or to grant funds, as directed by the Chief Justice, upon claims therefor approved by the Chief Justice.
(b) Any other expenses of the conference, including printing, postage and mailing expenses, may be charged by the Chief Justice to the Supreme Court library fund, the Permanent Study Commission on Alabama’s Judicial System, the Judicial Conference and grant funds, in accordance with the direction of the Chief Justice.
(Acts 1961, Ex. Sess., No. 74, p. 1949, §7; Acts 1971, 3rd Ex. Sess., No. 118, p. 4343.)
The Chief Justice of the Supreme Court shall be the chairman of the conference. The conference shall meet at least annually but shall meet at such other times as, in the opinion of the Chief Justice, such meetings are needed, upon the call of the Chief Justice.
The Chief Justice shall have the right, if he deems it advisable, to appoint and dismiss a secretary and other officials and employees, including consultants and consulting agencies, without regard to the provisions of the merit system, for the Judicial Conference, who shall perform such other duties as directed by the Chief Justice with the Supreme Court, the Permanent Study Commission on Alabama’s Judicial System and the Department of Court Management and who shall be paid, in full or in part, such compensation or salaries as the chief justice may direct, from any funds appropriated to the Supreme Court, the Permanent Study Commission on Alabama’s Judicial System, the Department of Court Management or any grant funds awarded or given to the Permanent Study Commission on Alabama’s Judicial System, the Judicial Conference, the Department of Court Management and the Supreme Court in accordance with the direction of the Chief Justice.
(Acts 1961, Ex. Sess., No. 74, p. 1949, §4; Acts 1971, 3rd Ex. Sess., No. 118, p. 4343.)
It shall be the duty of the Judicial Conference:
(1) To make a continuous study of the administration of justice in this state and of the organization, procedure, practice, rules and methods of administration and operation of each and all of the courts of the state;
(2) To receive and consider and in its discretion investigate criticisms and suggestions pertaining to the administration of justice in the state;
(3) To prepare for presentation to the Legislature at each regular session thereof a report of the proceedings of the conference and its recommendations relative to improving the administration of justice in Alabama and particularly of expediting the business of the courts and utilizing in the most appropriate manner the judges of the circuit courts and district courts of the state. The conference shall also recommend such changes or additions to the rules of practice of the trial and appellate courts of the state as in its judgment are needed to the Legislature and the Supreme Court; and
(4) To cooperate with and become a part of the Permanent Study Commission on Alabama’s Judicial System.
(Acts 1961, Ex. Sess., No. 74, p. 1949, §5; Acts 1971, 3rd Ex. Sess., No. 118, p. 4343.)
(a) The Chief Justice of the Supreme Court is authorized and empowered to obtain from court officials, including clerks, registers, judges and court reporters, statistics, data and other factual information which he may deem advisable pertaining to the courts, the work of such court officials and any other phase of the work of such officials pertaining to the administration of justice or the operation of the courts or their offices, at such times as he may deem advisable.
(b) For the failure of any court official to furnish such information as may be requested from said court official by the Chief Justice, such court official shall forfeit $100.00 to the state to be recovered on complaint by the district attorney of any court of record of the county in which the court official resides, in the name of the state, such court official to have three days’ notice of such complaint.
(c) The Chief Justice is further authorized and empowered to prepare forms for such court officials to fill out and submit to him in accordance with his direction.
(d) The statistics, data and other factual information submitted to and compiled by the Chief Justice shall be made available by the Chief Justice to all members of the conference for their use in carrying out the duties imposed upon them by this chapter.
(Acts 1961, Ex. Sess., No. 74, p. 1949, §6; Acts 1971, 3rd Ex. Sess., No. 118, p. 4343.)
(a) In connection with any of the duties and work of the Judicial Conference, including the study of the courts of the state, the Chief Justice is authorized and empowered to direct that any funds appropriated for consultant study or similar purposes to the Supreme Court and any funds appropriated for the Judicial Conference may be used in connection with studies and other work of the Permanent Study Commission on Alabama’s Judicial System, the Judicial Conference and/or the Department of Court Management, in whole or in part.
(b) The Chief Justice is further authorized and empowered to apply for grants and other assistance to any public or any private entity and to take any and all necessary steps and actions pertaining to the same in connection with the duties and work of the Judicial Conference.
(Acts 1971, 3rd Ex. Sess., No. 118, p. 4343.)
A permanent study commission on Alabama’s judicial system is hereby created. This commission shall continuously study the judicial system of the state, the courts of the state, the administration of justice in Alabama, criminal rehabilitation, criminal punishment methods and procedures and all matters relating directly or indirectly to the administration of justice in Alabama and make recommendations pertaining thereto.
(Acts 1971, No. 2337, p. 3768, §1.)
(a) Such commission shall be composed of the following members:
(1) Six members of the House of Representatives, one of whom shall be the chairman of the Judicial Committee and the other five of whom shall be appointed by the Speaker of the House from the Judicial Committee of the House of Representatives;
(2) Six members of the state Senate, one of whom shall be the chairman of the Judicial Committee and the other five of whom shall be appointed by the Lieutenant Governor of the state or, in the event there is no Lieutenant Governor, the presiding officer of the Senate, from the Judicial Committee of the Senate;
(3) The members of the Judicial Conference, the membership of which is set forth in Section 12-8-1; and
(4) The Lieutenant Governor, the Speaker of the House of Representatives, the legal advisor to the Governor of Alabama and a member of the staff of the Attorney General appointed by the Attorney General of Alabama.
(b) The Lieutenant Governor and the members from the Legislature shall serve during the term of office to which they were elected as members of the Legislature. The member of the Attorney General’s staff shall serve at the pleasure of the Attorney General. The members of the Judicial Conference shall serve as long as they remain members of such Judicial Conference.
(Acts 1971, No. 2337, p. 3768, §3.)
The members of the study commission on Alabama’s judicial system are entitled to reimbursement for their actual and necessary expenses, including travel, lodging and meals, while on official business of said commission or attending its meetings, which said expenses may be paid as follows:
(1) The expenses of the Lieutenant Governor and the members who are legislators may be paid out of any funds appropriated to the Legislature or out of any funds appropriated for joint interim committees of the Legislature as the chairman of the commission may direct, but in the amounts as if they were performing legislative duties.
(2) The expenses of the members of the Judicial Conference while on official business of the commission may be paid out of any funds authorized for the Judicial Conference, as the chairman of the commission may direct.
(3) The expenses of the Governor’s legal advisor, member of the Attorney General’s staff and judges and justices may be paid out of funds available for travel in their respective departments or courts or circuit judges’ travel allowance as the chairman of the commission may direct.
(Acts 1971, No. 2337, p. 3768, §4.)
The chairman of the commission shall be the Chief Justice of the Supreme Court of Alabama. The commission shall elect a vice-chairman and a secretary. The executive committee of such commission shall be composed of the chairman and four other members appointed by the chairman of the commission with the consent of the members of the commission.
(Acts 1971, No. 2337, p. 3768, §5.)
Such commission shall serve as an agency to apply for and receive any grants or other assistance and to coordinate and conduct studies in connection with any of its purposes and functions and may conduct such studies with or without the assistance of consultants or experts.
(Acts 1971, No. 2337, p. 3768, §2.)
The chairman of the commission is authorized to apply for grants and other assistance to any public or private entity and to take any and all necessary steps in connection therewith.
(Acts 1971, No. 2337, p. 3768, §7.)
(a) The Alabama Legislative Reference Service shall provide such assistance to the commission as the commission may request. The Alabama Law Institute is authorized and empowered, at its discretion, to assist the commission and to use any funds appropriated for its use to assist the commission in its functions and purposes.
(b) The Chief Justice may appoint and dismiss a research analyst for the commission who shall perform other duties as directed by the Chief Justice and who shall be subject to the merit system only as to pay plan and who may be paid from any funds appropriated to the Supreme Court or Judicial Conference or any other department or agency of the state which may be headed by the Chief Justice, as the Chief Justice may direct. The Chief Justice may also designate other employees for the commission in the same manner with like authority, discretion and direction.
(c) The executive committee of the commission shall have the right to employ and fix the compensation of consultants and experts to assist the commission in connection with its functions and purposes.
(Acts 1971, No. 2337, p. 3768, §6.)
Said commission shall make reports and recommendations to the Governor, the Supreme Court of Alabama, the Court of Criminal Appeals, the Court of Civil Appeals, the Department of Court Management, the Legislature of Alabama and any other departments, commissions, boards, institutes or other entities of the state at such times as the commission deems appropriate.
(Acts 1971, No. 2337, p. 3768, §9.)
In the event funds are appropriated by the Legislature for this commission or any grants or other assistance are received by the commission, then the expenses of the members and all other expenses, including compensation of personnel, secretaries, experts and consultants may be paid out of such funds appropriated or from any grants or other assistance received as may be directed by the chairman of the commission.
(Acts 1971, No. 2337, p. 3768, §8.)
(a) A permanent study commission on the judicial resources in Alabama is hereby created and shall be known as the Judicial Resources Allocation Commission. The commission shall be composed of the following members:
(1) The Chief Justice of the Supreme Court of Alabama, who shall serve as chair.
(2) The legal advisor to the Governor of Alabama.
(3) The Alabama Attorney General.
(4) Three incumbent circuit judges appointed by the President of the Circuit Judges Association, one of whom shall be from the most populous circuit. One member shall be appointed for three years, one member shall be appointed for four years, and one member shall be appointed for five years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for five-year terms. Any member so appointed shall serve only so long as the member remains an incumbent circuit judge.
(5) Three incumbent district judges appointed by the President of the District Judges Association, one of whom shall be from a county without a dedicated circuit judge. One member shall be appointed for three years, one member shall be appointed for four years, and one member shall be appointed for five years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for five-year terms. Any member so appointed shall serve only so long as the member remains an incumbent district judge.
(6) Three licensed attorneys, two appointed by the President of the Alabama State Bar and one appointed by the President of the Alabama Lawyers Association. One member shall be appointed for three years, one member shall be appointed for four years, and one member shall be appointed for five years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for five-year terms. Any member so appointed shall serve only so long as the member remains a member in good standing of the Alabama State Bar.
(b) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The appointing authorities must coordinate together to achieve this diversity.
(c) A majority of the commission shall constitute a quorum for the transaction of business. The commission shall meet at least once annually beginning in the first quarter of 2018. The first committee meeting shall be set by the Chief Justice. Members shall serve without compensation.
(d) The commission shall annually review the need for increasing or decreasing the number of judgeships in each district court and circuit court using the following criteria:
(1) Judicial Weighted Caseload Study, as adopted by the Alabama Supreme Court.
(2) Population of the district or circuit as determined on the basis of the most recent decennial census of the United States or annual population estimates prepared by the United States Bureau of the Census.
(3) Judicial duties in the district or circuit, including consideration of those circuits which have specialized divisions.
(4) Uniformity in the calculation of how civil, criminal, and domestic cases are accounted for between circuits.
(5) Any other information deemed relevant by the commission.
(e) Based on the criteria in subsection (d), the commission shall annually determine the need for increasing or decreasing judgeships in the district and circuit courts and rank each court accordingly. The commission shall provide this list to the Governor and the Legislature no later than 30 days after it is completed.
(Act 2017-42, §1.)
(a) Only in the event of a vacancy due to death, retirement, resignation, or removal from office of a district or circuit judge, the Judicial Resources Allocation Commission shall have 30 days to determine whether to reallocate such judgeship to another district or circuit. The commission may also choose to reallocate a judgeship if the incumbent judge is not eligible to run for reelection as a result of the age limitation provided for in Section 155 of the Constitution of Alabama 1901, as amended, by notifying the Secretary of State no later than one year prior to the close of qualifying for candidates to run for such judgeship. All reallocation decisions require a two-thirds vote of the commission members. In determining whether to reallocate such judgeship, the commission shall consider the need based on the district and court rankings as determined pursuant to Section 12-9A-1. However, in no event shall the commission reallocate a judgeship to another district or circuit if doing so would cause the district or circuit from which the judgeship was being removed to move into the ten counties in most need of a district judge or the ten circuits, or divisions thereof, in most need of a circuit judge based on the rankings provided pursuant to Section 12-9A-1. Additionally, each county shall continue to have at least one district judge.
(b) In the event the commission chooses not to reallocate the vacant judgeship within the 30 days prescribed in subsection (a), the vacancy shall be filled according to law in the district or circuit in which the judgeship is located.
(c) In the event the commission chooses to reallocate the vacant judgeship within the 30 days prescribed in subsection (a), the vacancy shall be filled according to law for the district or circuit to which the judgeship is reallocated. The person appointed to fill the judgeship shall serve the required time period pursuant to law before running for election, at which time the reallocated judgeship shall be subject to election in the district or circuit to which the judgeship was reallocated.
(d) Upon the reallocation of the judgeship, all remaining judgeships in the district or circuit from which the judgeship was reallocated shall be renumbered appropriately. Additionally, the state resources allocated to fund the judgeship shall continue to fund the judgeship in the district or circuit to which it was reallocated.
(e) The chair of the commission shall keep a true record of all the proceedings of the meetings of the commission. At the call of any member, the vote on any pending question shall be taken by ayes and nays, and the same shall be entered in the record. The records of the proceedings of the commission shall be open to any member of the commission and to the public and a copy of the record, certified by the chair, shall be kept in the records of the commission maintained by the chair.
(Act 2017-42, §2.)
Notwithstanding Section 12-9A-2, or any other law to the contrary, a moratorium on the reallocation of judges by the Judicial Resources Allocation Commission for reallocating any vacant judgeships shall be in effect until January 1, 2027.
(Act 2023-315, §3.)
A district or circuit judge appointed to a reallocated judgeship pursuant to this chapter shall have and exercise all jurisdiction, power, rights, and authority and shall possess all of the qualifications, perform all of the duties, and shall be subject to all of the responsibilities and duties of the office to which other district or circuit judges are subject.
(Act 2017-42, §3.)
The annual compensation of the circuit or district judges appointed pursuant to this chapter shall be in accordance with Chapter 10A of this title.
(Act 2017-42, §4.)
(a) No later than January 1, 2018, the Alabama Supreme Court shall revise the factors considered in the Judicial Weighted Caseload Study to uniformly, fairly, and accurately account for criminal cases by counts brought against a defendant.
(b) No judgeship shall be reallocated until three years of data is available after the revision of the factors considered in the Judicial Weighted Caseload Study as provided in this section.
(c) No judicial circuit shall lose more than one judgeship through allocation in a two year period.
(Act 2017-42, §5.)
The Judicial Resources Allocation Commission shall be subject to the Alabama Open Meetings Act and the Alabama Open Records Act.
(Act 2017-42, §6.)
(a) The Chief Justice of the Supreme Court of Alabama, by order, shall assign a circuit or district judge from a judicial circuit to serve within another judicial circuit for a reasonable period of time to address court congestion, court delay, civil and criminal backlog of cases, or for any other reason necessary for the prompt and thorough administration of justice.
(b) When considering the amount of time a judge may be assigned from his or her home circuit to another circuit, the Chief Justice shall take into consideration all relevant circumstances regarding the judicial needs of the circuits involved.
(c) A judge assigned to serve another circuit under subsection (a) shall be reimbursed for any necessary and reasonable expenses of travel and the same maintenance expense allowances from the State Treasury that the judge would be entitled to receive when attending court or transacting other official business outside of the judge’s home circuit.
(d) This section shall not apply in Jefferson County.
(Act 2018-567, §1.)
(a) A presiding circuit judge, by order, may assign a circuit or district court judge who is within the circuit to serve within the circuit or within the district courts of the circuit. Before assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including the currency, congestion, and backlog of criminal and civil cases.
(b) Assignments of judges by the presiding circuit judge shall be in writing and shall be sent to the assigned judge as soon as practicable. The presiding judge or the judge’s designee may notify the assigned judge orally of the assignment. An oral notification of an assignment is sufficient until a written notification can be prepared and delivered to the assigned judge. A copy of each written assignment shall be filed with the Administrative Director of Courts and in the office of the clerk or register of the court to which the assignment is made.
(c) Except as otherwise provided by law or rule, the presiding judge may assign judicial secretaries, bailiffs, and court reporters in the judicial system within the circuit to service in the circuit or district court as the service may be required.
(d) This section shall not apply in Jefferson County.
(e) It is the intent of the Legislature that pursuant to Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court of Alabama shall amend Rule 13 of the Alabama Rules of Judicial Administration to conform with the provisions of this section.
(Act 2018-567, §§1,2.)
The members of the Judicial Compensation Commission created by Constitutional Amendment No. 328 shall, by majority vote, designate a chairman from among their number who shall serve for one year from the date of election or until his successor is designated and assumes his responsibilities.
(Acts 1975, No. 1205, p. 2384, §12-103.)
Each member of the commission shall have the power to administer oaths, take testimony, subpoena and compel the attendance of witnesses and the production of all books, papers, records or documents deemed by the commission to be material or pertinent to any subject within the scope of its studies and investigations.
(Acts 1975, No. 1205, p. 2384, §12-102.)
Commission members shall be reimbursed for actual and necessary expenses incurred in the performance of their duties on the commission; provided, that such expenses shall be approved by the chairman and shall be filed with the Comptroller of the State of Alabama.
(Acts 1975, No. 1205, p. 2384, §12-104.)
The Judicial Compensation Commission shall recommend to the Legislature the salary and expense allowances to be paid from the State Treasury for all judges of this state except for municipal and probate judges.
(Acts 1975, No. 1205, p. 2384, §12-101.)
(a) The commission may submit recommendations in the form of a report to the Legislature at any time within the first five calendar days of any session.
(b) Unless rejected by a joint resolution or altered by act of the Legislature at the session to which the report is submitted, the recommendations of the commission shall become law upon the adjournment of that session of the Legislature.
(c) Upon adjournment, the recommendations that have become law shall become effective immediately and shall be recorded and published as other laws.
(Acts 1975, No. 1205, p. 2384, §12-105.)
(a) In recognition of the disparity in compensation of circuit and district judges caused by varying amounts of local supplements to state salaries and the need for a uniform plan of compensation, the following comprehensive plan is adopted for the compensation of judges. This plan, when implemented, shall reward judges for judicial experience and phase out local salary supplements and expense allowances.
(1) On October 1, 2000, the salary of circuit judges paid from the State Treasury shall be increased to the amount authorized for attorneys in the classified service of the state as Attorney IV, step 14, on June 10, 1999, and the salary of the Supreme Court Justices, judges of the appellate courts, and district judges shall be adjusted correspondingly as provided by Act 90-111, 1990 Regular Session (Acts 1990, p. 132).
(2) On October 1, 2001, the salary of circuit judges paid from the State Treasury shall be increased to the amount authorized for attorneys in the classified service of the state as Attorney IV, step 17, on June 10, 1999, and the salary of the Supreme Court Justices, judges of the appellate courts, and district judges shall be adjusted correspondingly as provided by Act 90-111, 1990 Regular Session (Acts 1990, p. 132).
(3) On October 1, 2002, the salaries of the circuit judges paid from the State Treasury shall be fixed at one thousand dollars ($1,000) above the maximum amount authorized on June 10, 1999, for attorneys in the classified service of the state as Attorney IV, and the salary of Supreme Court Justices, judges of the appellate courts, and district judges shall be adjusted correspondingly as provided by Act 90-111, 1990 Regular Session (Acts 1990, p. 132).
The salaries of circuit judges shall not be increased above the amounts provided in this chapter as the result of any increases in the salaries of Attorneys IV which may occur after June 10, 1999.
(b) A circuit or district judge, Supreme Court Justice, or judge of an appellate court may not receive a cost-of-living raise during fiscal year 2000-2001, 2001-2002, or 2002-2003, other than an increase as provided by this chapter and Act 90-111, 1990 Regular Session (Acts 1990, p. 132).
(c) A circuit or district judge who is first elected or appointed after October 1, 2001, shall be paid compensation only from the State Treasury, and may not receive any salary supplement or expense allowance, or both, from any county.
(d)(1) Effective October 1, 2000, all circuit and district judges shall receive as additional compensation from the state the base salary provided in subsection (a) plus the appropriate amount for bench experience calculated pursuant to subdivision (2). Any salary supplement or expense allowance being paid by a county commission on September 30, 2000, to a sitting judge shall be diminished on October 1, 2000, and each October 1 thereafter, by the amount that the judge receives from the state for his or her bench experience as provided in subdivision (2). No salary supplement or expense allowance may increase after June 10, 1999.
(2) Effective October 1, 2000, the salary of circuit judges, district judges, Supreme Court Justices, and judges of the appellate courts shall be increased by 1.25 percent for every year that they have served as judges or justices of a state court to a maximum of 25 percent of the base salary.
(3) Any local salary supplement or expense allowance paid to a circuit or district judge shall be reduced by the amount of any increase in compensation brought about by virtue of the bench experience provision in subdivision (2).
(e) Notwithstanding the provisions of subsection (d), no circuit judge, district judge, Supreme Court Justice, or judge of the appellate courts shall have his or her salary increased for bench experience after May 26, 2004.
(f) Effective April 23, 2006, notwithstanding subsection (e), the provisions of subsection (d), which provide for additional compensation based on bench experience are reinstated, as they apply to circuit and district judges only.
(Act 99-427, p. 759, §4; Act 2004-636, p. 1452, §4; Act 2015-316, §1(b)(3); Act 2015-368, §1(b)(3).)
The Legislature, recognizing the need to eliminate the disparities in compensation of circuit and district judges due to county supplements and expense allowances in varying amounts authorized by local acts, shall phase out all local supplements and expense allowances as follows:
(1) No Supreme Court Justice, appellate judge, circuit judge, or district judge shall receive a cost-of-living raise during fiscal year 2000-2001, 2001-2002, or 2002-2003, other than as provided in Section 12-10A-1 and Act 90-111, 1990 Regular Session (Acts 1990, p. 132).
(2) Any county supplement or expense allowance authorized to be paid to a circuit or district judge in office on any day on or after October 1, 2000, to October 1, 2001, inclusive, shall be diminished by the amount the judge receives from the state for his or her bench experience pursuant to subdivision (2) of Section 12-10A-1.
(3) No salary supplement or expense allowance may increase after June 10, 1999.
(4) No county supplement or expense allowance shall be provided to any circuit or district judge who is first elected or appointed to office after October 1, 2001.
(5) If the implementation of subdivision (2) results in a reduction in salary supplements for a circuit or district judge who receives a supplement from more than one county, such reduction shall be divided proportionally among the affected counties.
(Act 99-427, p. 759, §5.)
(a) Passage of this chapter shall not repeal any law which, on June 10, 1999, provides for the retirement compensation payable from the treasury of any county to a circuit or district judge. Any contribution required by law to be made by a circuit or district judge to be entitled to retirement benefits shall continue at the dollar amount required to be contributed on June 10, 1999, and for any judge elected or appointed on or after June 10, 1999, any benefit paid from the treasury of any county to judges who in the future shall retire shall be fixed at the dollar amount required to be paid on June 10, 1999.
Nothing in this chapter shall be construed as reducing the benefits payable from the county treasury to judges who have retired or to judges who are in active service on June 10, 1999.
(b) Notwithstanding any provision herein to the contrary, any circuit or district judge who is first elected or appointed after October 1, 2001, shall receive retirement benefits only from the Judicial Retirement Fund of Alabama, and shall not receive any retirement benefit from any county.
(c) No provision of this chapter shall reduce the amount of retirement benefits from the Judicial Retirement Fund currently authorized for retired justices and judges.
(Act 99-427, p. 759, §6.)
(a) To provide the employer’s costs to implement the uniform pay plan adopted by this chapter, there is appropriated to the Unified Judicial System from the State General Fund the following amounts: For fiscal year 2000-2001, nine million five hundred thousand dollars ($9,500,000); for fiscal year 2001-2002, twelve million five hundred thousand dollars ($12,500,000); for fiscal year 2002-2003 and each subsequent fiscal year thereafter, fourteen million one hundred thousand dollars ($14,100,000).
(b) There is appropriated from the State Treasury to the Supreme Court of Alabama the amount of two hundred thousand dollars ($200,000) for the fiscal year ending September 30, 2000, and each fiscal year thereafter, to be used for the furtherance of attorney professionalism and the statewide coordination of pro bono services in civil cases.
(Act 99-427, p. 759, §7.)
The increase in fees authorized by this chapter shall not affect an increase in the fees authorized in Section 12-17-224, or any existing cost, fee, fine, or assessment except those specifically set out in this chapter.
(Act 99-427, p. 759, §8.)
(a) Any district attorney or constitutional officer other than a judge whose compensation is affected by this chapter who receives a local supplement shall have his or her supplement reduced by any increase in his or her state compensation until the supplement is eliminated. No officer appointed or elected after October 1, 2001, shall receive a county supplement or expense allowance in addition to his or her state salary and no salary supplement or expense allowance may increase after June 10, 1999.
(b) The phrase “circuit judges” as used in Section 12-17-182, shall refer to circuit judges who, due to bench experience, are receiving the maximum amount of state compensation.
(Act 99-427, p. 759, §§9, 10.)
(a) Pursuant to Section 148 of the Constitution of Alabama of 2022, and notwithstanding any other provision of law, beginning on October 1, 2021, judges and justices shall be compensated as follows:
(1) The chief justice of the supreme court’s initial salary shall be one hundred seventy-six thousand dollars ($176,000).
(2) An associate supreme court justice’s initial salary shall be one hundred seventy-five thousand dollars ($175,000).
(3) An appellate court judge’s initial salary shall be one hundred seventy-four thousand dollars ($174,000). The presiding judge of any appellate court shall receive additional compensation of five hundred dollars ($500) per year.
(4) A circuit judge’s initial salary shall be one hundred forty thousand dollars ($140,000).
(5) A district judge’s initial salary shall be one hundred thirty-nine thousand dollars ($139,000).
(b) Each of these amounts shall be adjusted by the Administrative Office of Courts to reflect any cost-of-living adjustment effective on or after October 1, 2021.
(c)(1)a. The salary of circuit judges and district judges shall be increased by 7.5 percent on October 1 after the completion of six full years of service as a circuit or district judge. The salary shall be increased by an additional 7.5 percent on October 1 after the completion of 12 full years of service as a circuit or district judge. The salary shall be increased by an additional 7.5 percent on October 1 after the completion of 18 full years of service as a circuit or district judge.
b. A district judge who is subsequently appointed or elected as a circuit judge shall receive as an initial salary the base salary of a circuit judge plus the appropriate amount for bench experience as a circuit or district judge as provided in paragraph a.
c. A circuit or district judge who is subsequently appointed or elected as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court shall receive the initial salary of the chief justice of the supreme court, a supreme court justice, or an appellate court judge as provided in subdivisions (a)(1), (a)(2), or (a)(3).
(2)a. The salary of the chief justice of the supreme court, supreme court justices, and judges of the appellate courts shall be increased by 7.5 percent on October 1 after the completion of six full years of service as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court. The salary shall be increased by an additional 7.5 percent on October 1 after the completion of 12 full years of service as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court. The salary shall be increased by an additional 7.5 percent on October 1 after the completion of 18 full years of service as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court.
b. A chief justice of the supreme court, a supreme court justice, or a judge of the appellate court who is subsequently appointed or elected as a chief justice of the supreme court, a supreme court justice, or a judge of an appellate court shall receive as an initial salary the base salary of the judge or justice as provided in subdivisions (a)(1), (a)(2), or (a)(3), plus the appropriate amount for bench experience as the chief justice of the supreme court, a supreme court justice, or a judge of the appellate court as provided in paragraph a.
(3) The compensation paid by the state to any judge or justice in service on October 1, 2021, may not be diminished pursuant to this section. If a judge’s or justice’s compensation would be diminished pursuant to subsection (a), his or her compensation received on October 1, 2021, shall remain the same as it was prior to October 1, 2021, and may not be increased until the bench experience increase provided for in subsection (c) exceeds his or her current compensation.
(d)(1) Notwithstanding any existing general or local law, existing circuit or district judges in service on October 1, 2021, and any circuit or district judge appointed or elected after October 1, 2021, may only be paid compensation from the State Treasury, and may not receive any salary supplement or expense allowance, or both, from any county.
(2) This subsection shall supersede any local law providing a salary supplement or expense allowance for a circuit or district judge.
(Act 2021-441, §1; Act 2025-384, §1.)
(a) All supreme court justices, judges of the appellate courts, circuit court judges, and district court judges must be licensed attorneys.
(b)(1) All supreme court justices, judges of the appellate courts, circuit court judges, and district court judges must complete a minimum of 12 hours of approved continuing legal education annually, one hour of which must be on the subject of ethics.
(2) Any justice or judge who fails to complete the requirements of subdivision (1) shall be subject to disciplinary action by the Judicial Inquiry Commission.
(c) It is the intent of the Legislature that pursuant to Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Constitution of Alabama of 2022, the Supreme Court of Alabama shall amend its rules to conform with this section.
(Act 2021-441, §2.)
(a) Beginning on October 1, 2021, and notwithstanding any other provision of law, any compensation, salary supplement, or expense allowance under existing law paid by the state, or any political subdivision of the state, to any elected official or state officer or employee, excluding circuit and district judges, district attorneys, and the Attorney General, that is based in whole or in part on the compensation, salary supplement, or expense allowance of another judge or justice shall be based on the salary, salary supplement, or expense allowance of the judge or justice on September 30, 2021.
(b) Beginning with the next term of office following October 1, 2025, the compensation of any elected official subject to a local law that sets his or her compensation based in whole or in part on the salary of a circuit or district judge shall be calculated using the base amounts in Section 12-10B-1, and any adjustment based on service or longevity must be based on the elected official’s own time in office.
(c) Any compensation paid to an elected official subject to this section between October 1, 2021, and the official’s next term of office commencing after October 1, 2025, is ratified and confirmed.
(Act 2021-441, §4; Act 2025-384, §1.)
Section 12-10B-1 ratifies any pay scales for judges or justices approved prior to October 1, 2021, by the current chief justice of the supreme court or any prior chief justice of the supreme court.
(Act 2021-441, §5.)
(a) There is provided in every county in the state a circuit court with all the jurisdiction and powers that are conferred on the circuit court by the Constitution and laws of this state.
(b) Persons elected to or appointed to a circuit court judgeship must have been admitted to practice law in this state a combined total of seven years or more, or admitted to practice law by any other state for a combined total of seven years or more, prior to beginning a term of office or appointment to serve a vacant term of office. In addition, the person must not have received from any state or state bar association a suspension or disbarment within the 10 years preceding election or appointment.
(Acts 1915, No. 217, p. 279; Code 1923, §6677; Code 1940, T. 13, §127; Act 2009-562, p. 1632, §1; Act 2019-539, §1.)
The State of Alabama is divided into judicial circuits for the circuit courts, numbered and composed of counties as follows:
(1) First circuit - Choctaw, Clarke and Washington.
(2) Second circuit - Butler, Crenshaw and Lowndes.
(3) Third circuit - Barbour and Bullock.
(4) Fourth circuit - Bibb, Dallas, Hale, Perry and Wilcox.
(5) Fifth circuit - Chambers, Macon, Randolph and Tallapoosa.
(6) Sixth circuit - Tuscaloosa.
(7) Seventh circuit - Calhoun and Cleburne.
(8) Eighth circuit - Morgan.
(9) Ninth circuit - Cherokee and DeKalb.
(10) Tenth circuit - Jefferson.
(11) Eleventh circuit - Lauderdale.
(12) Twelfth circuit - Coffee and Pike.
(13) Thirteenth circuit - Mobile.
(14) Fourteenth circuit - Walker.
(15) Fifteenth circuit - Montgomery.
(16) Sixteenth circuit - Etowah.
(17) Seventeenth circuit - Marengo, Greene and Sumter.
(18) Eighteenth circuit - Shelby.
(19) Nineteenth circuit - Autauga, Chilton and Elmore.
(20) Twentieth circuit - Henry and Houston.
(21) Twenty-first circuit - Escambia.
(22) Twenty-second circuit - Covington.
(23) Twenty-third circuit - Madison.
(24) Twenty-fourth circuit - Fayette, Lamar and Pickens.
(25) Twenty-fifth circuit - Marion and Winston.
(26) Twenty-sixth circuit - Russell.
(27) Twenty-seventh circuit - Marshall.
(28) Twenty-eighth circuit - Baldwin.
(29) Twenty-ninth circuit - Talladega.
(30) Thirtieth circuit - St. Clair.
(31) Thirty-first circuit - Colbert.
(32) Thirty-second circuit - Cullman.
(33) Thirty-third circuit - Dale and Geneva.
(34) Thirty-fourth circuit - Franklin.
(35) Thirty-fifth circuit - Conecuh and Monroe.
(36) Thirty-sixth circuit - Lawrence.
(37) Thirty-seventh circuit - Lee.
(38) Thirty-eighth circuit - Jackson.
(39) Thirty-ninth circuit - Limestone.
(40) Fortieth circuit - Clay and Coosa.
(41) Forty-first circuit - Blount.
(Acts 1973, No. 1020, p. 1556, §1; Acts 1978, No. 377, p. 332; Acts 1989, No. 89-955, p. 1883, §1; Acts 1990, No. 90-294, p. 402, §1; Act 2000-765, p. 1752, §1.)
Except when otherwise provided by law, the circuit courts of the several counties shall be held at the courthouses thereof.
(Acts 1947, No. 378, p. 270, §5.)
The circuit courts of the several counties of the state shall be open for the transaction of any and all business or judicial proceedings of every kind at all times.
(Acts 1915, No. 641, p. 707; Code 1923, §6667; Acts 1936, Ex. Sess., No. 56, p. 32; Code 1940, T. 13, §114.)
The presiding circuit judge of each circuit court shall provide, by written direction to the circuit clerk, for the holding of regular or special sessions of the court; provided, that nothing herein contained shall be construed to prevent the transaction of business by the court at times when the court is not in session.
(Code 1923, §8577; Code 1940, T. 13, §115; Acts 1975, No. 1205, p. 2384, §2-101.)
When the court or judge has ordered or directed that a special session of the court be held, the clerk of the court shall, as soon as practicable, notify either the parties or one of their attorneys of record of the date of holding such special session, which notice may be given by personal service or by mailing a letter to each of the parties or to one of his attorneys of record, by the clerk of the court.
(Code 1923, §8578; Code 1940, T. 13, §116.)
The circuit clerk shall, immediately after an order for a special session is made, mail to each party and his attorney of record in any case subject to trial at such session a copy of such order, addressed to such party or attorney at the post office nearest his residence, if known, duly stamped. Subpoenas shall issue for witnesses in any civil or criminal case at such special session.
(Code 1852, §637; Code 1867, §755; Code 1876, §661; Code 1886, §754; Code 1896, §916; Code 1907, §3253; Code 1923, §6674; Code 1940, T. 13, §122.)
The term “session of court,” when used in this code, means any period of time fixed by the presiding judge of the court for the trial of cases or the transaction of any other business, unless the context clearly indicates to the contrary.
(Code 1923, §6675; Code 1940, T. 13, §123; Acts 1975, No. 1205, p. 2384, §2-102.)
If a case filed in the circuit court is within the exclusive jurisdiction of a district court or a case filed in the district court is within the exclusive jurisdiction of the circuit court, the circuit clerk or a judge of the court where the case was filed shall transfer the case to the docket of the appropriate court, and the clerk shall make such cost and docket fee adjustments as maybe required and transfer all case records. This section does not apply to cases filed in the circuit court prior to January 16, 1977.
(Acts 1975, No. 1205, p. 2384, §2-106.)
Except as provided in Chapter 15 of this title, involuntary commitment proceedings, primarily cognizable before the probate courts, may be transferred to the circuit court for adjudication on motion of a party to the proceeding in probate court, according to rules governing transfer of these proceedings. Probate court offices shall maintain records of all commitment proceedings.
(Acts 1975, No. 1205, p. 2384, §2-107.)
Whenever it shall appear to the court that any case filed therein should have been brought in another court in the same county, the court shall make an order transferring the case to the proper court, and the clerk or register shall forthwith certify the pleadings, process, costs and order to the court to which the case is transferred, and the case shall be docketed and proceed in the court to which it is transferred, and the costs accrued in the court in which the case was originally filed shall abide by the result of the case in the court to which transferred.
(Acts 1915, No. 725, p. 830; Code 1923, §6493; Code 1940, T. 13, §156.)
(1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000), exclusive of interest and costs, and shall exercise original jurisdiction concurrent with the district court in all civil actions in which the matter in controversy exceeds six thousand dollars ($6,000), exclusive of interest and costs.
(2) CRIMINAL. The circuit court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which are lesser included offenses within a felony charge or which arise from the same incident as a felony charge; except, that the district court shall have concurrent jurisdiction with the circuit court to receive pleas of guilty in felony cases not punishable by sentence of death. The circuit court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid.
(3) APPELLATE. The circuit court shall have appellate jurisdiction of civil, criminal, and juvenile cases in district court and prosecutions for ordinance violations in municipal courts, except in cases in which direct appeal to the Courts of Civil or Criminal Appeals is provided by law or rule. Appeals to the circuit court shall be tried de novo, with or without a jury, as provided by law.
(4) SUPERINTENDENCE OF DISTRICT, MUNICIPAL AND PROBATE COURTS. The circuit court shall exercise a general superintendence over all district courts, municipal courts, and probate courts.
(5) CONTEMPTS. The circuit court may punish contempts by fines not exceeding one hundred dollars ($100) and by imprisonment not exceeding five days. The power of the circuit court to enforce its orders and judgments by determinations of civil contempt shall be unaffected by this section.
(6) GENERAL. The circuit court shall have other powers as provided by law.
(Code 1852, §§381, 628; Code 1867, §§746, 3929; Code 1876, §§657, 4627; Code 1886, §§756, 4196; Code 1896, §§918, 4591; Code 1907, §§3255, 6694; Acts 1915, No. 539, p. 608; Code 1923, §§3799, 6676; Code 1940, T. 13, §126; Acts 1975, No. 1205, p. 2384, §2-104; Acts 1990, No. 90-382, p. 513, §1; Acts 1995, No. 95-606, p. 1278, §1; Acts 1996, No. 96-752, p. 1323, §1; Act 2015-224, p. 658, §1; Act 2019-405, §1.)
The powers and jurisdiction of circuit courts as to equitable matters or proceedings shall extend:
(1) To all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals.
(2) To all cases founded on a gambling consideration, so far as to sustain a petition for discovery and grant relief.
(3) To subject an equitable title or claim to real estate, and generally all equitable assets to the payment of debts.
(4) To such other cases as may be provided by law.
(5) To establish and define uncertain or disputed boundary lines, whether the complaint contains an independent equity or not.
(Code 1852, §602; Code 1867, §698; Code 1876, §616; Code 1886, §720; Code 1896, §638; Code 1907, §3052; Acts 1923, No. 589, p. 764; Code 1923, §6465; Code 1940, T. 13, p. 1323, §129.)
All circuit courts of this state are authorized and empowered to order the sale of the property and franchises of public utility corporations upon a civil action by a creditor or creditors having a judgment against such public utility corporations.
(Code 1907, §3053; Code 1923, §6466; Code 1940, T. 13, §130.)
Circuit courts, when exercising equitable jurisdiction, must take cognizance of the following cases:
(1) When the defendants reside in this state.
(2) Against nonresidents, when the object of the action concerns an estate of, lien or charge upon lands or the disposition thereof, or any interest in, title to, or encumbrance on personal property within this state, or where the cause of action arose, or the act on which the civil action is founded was to have been performed in this state.
(3) In such other cases as such courts are by law required to take jurisdiction.
(Code 1852, §2872; Code 1867, §3321; Code 1876, §3753;Code 1886, §3414; Code 1896, §669; Code 1907, §3054; Code 1923, §6467; Code 1940, T. 13, §131.)
In the administration of estates in the circuit court in this state, such court, in the exercise of such jurisdiction, shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary, permit service by publication in the manner provided for publication in said rules, without regard to any of the statutory requirements provided for administration of estates in the probate court, and shall have power to appoint personal representatives in cases pending in the circuit court in cases of vacancy.
(Acts 1911, No. 536, p. 574; Code 1923, §6476; Code 1940, T. 13, §138.)
The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assigning any special equity; and an order of removal must be made by the court, upon the filing of a sworn petition by any such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed and that, in the opinion of the petitioner, such estate can be better administered in the circuit court than in the probate court.
(Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)
(a) In any county where the judge of probate is required to be learned in the law, the administration of any estate may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at any time before a proceeding for final settlement thereof is commenced in probate court by any heir, devisee, legatee, distributee, executor, administrator, or administrator with the will annexed of the estate, without assigning any special equity. The circuit court shall remand the administration of an estate transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of an estate pursuant to this section to the probate court if the circuit court finds that any of the following apply:
(1) The circuit court has issued a final order or judgment on all contested matters pending before the circuit court in the administration of the estate and the time for an appeal of the order or judgment has expired without an appeal being filed or, if an appeal was filed, after the final adjudication of the appeal.
(2) All interested parties or their representatives request the estate administration be remanded to probate court.
(b) Nothing in subsection (a) shall prevent the administration of an estate from being removed again to the circuit court pursuant to Section 12-11-41 after the administration has been remanded to the probate court as provided above.
(Act 2011-528, p. 864, §1.)
(a) When any error of law or fact has occurred in the settlement of any estate of a decedent to the injury of any party, without any fault or neglect on his part, such party may correct such error by filing a complaint in the circuit court within two years after the final settlement thereof. The evidence filed in the probate court in relation to such settlement must be received as evidence in the circuit court, with such other evidence as may be adduced. A failure to appeal from the decree of the probate court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein provided.
(b) The limitations of subsection (a) of this section do not extend to infants or persons of unsound mind who are allowed two years after the termination of their respective disabilities, but in no case to exceed 20 years.
(c) Errors of law or fact in the settlement of accounts of guardians may be corrected in the circuit court according to the provisions of subsections (a) and (b) of this section.
(Code 1852, §§1915, 1916, 2041; Code 1867, §§2274, 2275, 2451; Code 1876, §§3837-3839; Code 1886, §§3536-3538; Code 1896, §§805-807; Code 1907, §§3914-3916; Code 1923, §§6482-6484; Code 1940, T. 13, §§145-147.)
Sales of lands made under a decree of the probate court, the parties in interest having had legal notice of the proceedings in which the decree was rendered, which are invalid because of errors, omissions or irregularities in the proceedings in the probate court, may be confirmed by a judgment of the circuit court if it is shown that the lands were sold for their full value, which has been fully paid to the party entitled to receive it.
(Code 1876, §§3840, 3841; Code 1886, §3539; Code 1896, §808; Code 1907, §3917; Code 1923, §6485; Code 1940, T. 13, §148.)
As used in this chapter, private judge means a person who is qualified to act as a judge of a case.
(Act 2012-266, p. 514, §1.)
(a) Persons who may act as private judges shall:
(1) Have been, but are not actively serving as, a judge of a district, circuit, or probate court and have served in the capacity of judge for at least six consecutive years.
(2) Be admitted to the practice of law in Alabama.
(3) Be an active member in good standing of the Alabama State Bar Association.
(4) Be a resident of Alabama.
(b) A person may act as a judge of a case under this chapter only if all of the following occur:
(1) All parties to the action file a written petition with the circuit clerk of the court in which the action is pending requesting a private judge and naming the person whom the parties wish to have as private judge. The petition shall be accompanied by a form signed by the private judge selected consenting to the appointment.
(2) The case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction.
(3) The case is assigned a CV or DR case number by the Alabama Administrative Office of Courts.
(Act 2012-266, p. 514, §2; Act 2018-384, §1.)
(a) A former judge qualified under this chapter who wishes to serve as a private judge must register with the Director of the Alabama Center for Alternative Dispute Resolution. The director shall verify that the former judge is qualified to serve as a private judge and shall compile and periodically update a list of registered private judges. The list of registered private judges shall be made available by the center to the public and to all actively serving judges in the state. The center may charge private judges an annual registration fee.
(b) If the parties to an action wish to have the action heard before a private judge, all parties shall submit to the circuit clerk of the court in which the action is pending a written petition for the appointment of a private judge and consent to appointment from the private judge selected as described in subdivision (1) of subsection (b) of Section 12-11A-2.
(c) The clerk shall forward the petition to the presiding judge of the circuit in which the proceedings are pending who shall verify that the former judge is registered under this section and shall enter an order granting the petition and appointing the private judge selected by the parties.
(d) The petition for an appointment of a private judge in a proceeding may be filed contemporaneously with the filing of the action or any time after the action has been filed, but before the beginning of a trial.
(Act 2012-266, p. 514, §3.)
(a) A trial conducted by a private judge shall be conducted without a jury.
(b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to the following:
(1) Court procedure.
(2) Deciding the outcome of the case.
(3) Attendance of witnesses.
(4) Punishment of contempt.
(5) Enforcement of orders.
(6) Administering oaths.
(7) Giving all necessary certificates for the authentication of the records and proceedings.
(c) A person appointed as a private judge pursuant to the terms of this chapter shall have immunity in the same manner and to the same extent as a judge in the State of Alabama.
(d) All proceedings in an action heard by a private judge are of record and must be:
(1) Filed with the clerk of the circuit court in the county of proper venue under the Alabama Rules of Civil Procedure.
(2) Made available to the public in the same manner as circuit court records.
(e) The Alabama Rules of Civil Procedure shall apply for all actions brought before a private judge. The private judge shall maintain jurisdiction over all matters brought before him or her to the same extent as matters before a trial court, including all post-trial proceedings and subsequent proceedings between the same parties arising from the same case. An appeal from an action or a judgment of a private judge may be taken in the same manner as an appeal from the circuit court of the county where the case is filed.
(Act 2012-266, p. 514, §4; Act 2018-384, §1.)
A filing fee of one hundred dollars ($100) shall be required with every petition to appoint a private judge. This one hundred dollar ($100) fee shall be distributed in equal parts to the Administrative Office of Courts and to the office of the clerk of the county in which the case being heard by the private judge is pending. Otherwise, costs in an action brought before a private judge shall be taxed and distributed in the same manner as costs in the circuit court of the county in which the case is filed.
(Act 2012-266, p. 514, §5.)
(a) The clerk of the circuit court of the county in which the case is filed shall provide the same case management services as with any other case filed in the circuit clerk’s office. The private judge hearing a case under this chapter shall have access to all pleadings, docket entries, and other filings as would a judge hearing the case.
(b) The sheriff of the county in which the case is filed shall provide such services related to service of process as for any other case filed in the county.
(Act 2012-266, p. 514, §6.)
(a) A case heard by a private judge may be heard:
(1) At any time.
(2) At any place in Alabama.
(b) A private judge under this chapter shall provide to the clerk of the court in which the case was filed the dates, times, and places of any proceeding that could result in a judgment. The notice shall be provided to the clerk and entered in the clerk’s records at least three days before the proceeding is conducted.
(Act 2012-266, p. 514, §7.)
Notwithstanding the Rules of Civil Procedure, a private judge may receive compensation for hearing a case in an amount and subject to the terms and conditions agreed to by the private judge and the parties to the case. A contract for the services of a private judge must provide for the payment of the judge’s compensation by the parties, the compensation of all personnel, and the costs of all facilities and materials that are used in relation to the case and not otherwise covered.
(Act 2012-266, p. 514, §8.)
(a) The district court of Alabama, a trial court of limited jurisdiction, is created and established, effective January 16, 1977, and shall be subdivided according to districts and styled the district court of the county. Persons elected or appointed to a district court judgeship must have been admitted to practice law in this state a combined total of four years or more, or admitted to practice law by any other state for a combined total of four years or more, prior to beginning a term of office or appointment to serve a vacant term of office. In addition, the person must not have received from any state or state bar association a suspension or disbarment within the 10 years preceding election or appointment.
(b) Sessions of the district court shall be held in each county seat, each municipality containing a population of 1,000 or more where no municipal court exists, to be restricted to municipal cases, and at other locations within counties in which geographical venue, as described in Section 12-12-36, lies in more than one place.
(c)(1) All courts which are not authorized by Article 6 of the Constitution shall retain their power through January 15, 1977, at which time they shall be abolished. Judgments of courts which cease to exist at the end of that day shall continue in effect, and the courts of the unified system are vested with jurisdiction to enforce such judgments.
(2) All cases then pending in courts which cease to exist shall be transferred to the appropriate district or circuit court. Cases which could be filed in district court under the provisions of this chapter shall be transferred to the district court; provided, that any case containing a demand for a jury trial filed before January 15, 1977, which could have been granted in the court where filed, shall be transferred to the appropriate circuit court.
(Acts 1975, No. 1205, p. 2384, §4-101; Act 2009-562, p. 1632, §1; Act 2019-539, §1.)
(a) The district court shall be a court of record.
(b) Records of proceedings shall be made, maintained and preserved according to rules promulgated by the supreme court, but neither reports nor transcripts of proceedings shall be required, except as provided by law or rule.
(c) Any party may employ a reporter or provide for a transcript of the proceedings on his own account.
(Acts 1975, No. 1205, p. 2384, §4-110.)
All cases in the district court shall be tried by the judge, who shall determine all issues of law and fact without a jury.
(Acts 1975, No. 1205, p. 2384, §4-109.)
In disposing of cases within its criminal jurisdiction, the district court may impose and suspend sentences, place criminal defendants on probation, remit fines and court costs and release defendants on personal recognizance in accordance with standards prescribed by law or rule; provided, that the court may enter an order authorizing the defendant to drive under the conditions set forth in the order.
(Acts 1975, No. 1205, p. 2384, §4-106.)
The district court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid.
(Acts 1975, No. 1205, p. 2384, §4-106.)
In all matters before the district court, the district court shall have and possess power to punish for contempts as heretofore or hereafter granted to the circuit court by law, in Section 12-11-30 or otherwise, and by the common law of this state.
(Acts 1975, No. 1205, p. 2384, §4-133.)
The district court may issue all writs necessary to preserve and enforce its jurisdiction and authority.
(Acts 1975, No. 1205, p. 2384, §4-112.)
The district attorney of the circuit in which a district court is located shall have responsibility for prosecutions in the district court.
(Acts 1975, No. 1205, p. 2384, §4-131.)
On January 16, 1977, the functions of the position of county solicitor shall be performed by assistant district attorneys, and the office of county solicitor shall be abolished.
County solicitors serving terms to which they have been elected prior to January 16, 1977, may elect to become assistant district attorneys for the duration of their electoral terms without diminution of salary or expense payments.
(Acts 1975, No. 1205, p. 2384, §4-131.)
The presiding judge of each circuit shall have general supervision of the administrative operation of the district courts within the circuit, subject to rules of the Supreme Court and the administrative authority of the Chief Justice.
(Acts 1975, No. 1205, p. 2384, §4-116.)
The Alabama Rules of Civil Procedure shall be applicable to all civil actions brought in the district court, except as they are inconsistent with this chapter and except as the Supreme Court may otherwise provide by rule.
(Acts 1975, No. 1205, p. 2384, §4-108.)
The original civil jurisdiction of the district court of Alabama shall be uniform throughout the state, concurrent with the circuit court, except as otherwise provided, and shall include all civil actions in which the matter in controversy does not exceed twenty thousand dollars ($20,000), exclusive of interest and costs, and civil actions based on unlawful detainer; except, that the district court shall not exercise jurisdiction over any of the following matters:
(1) Actions seeking equitable relief other than:
a. Equitable questions arising in juvenile cases within the jurisdiction of the district court.
b. Equitable defenses asserted or compulsory counterclaims filed by any party in any civil action within the jurisdiction of the district court.
(2) Any actions enumerated in Rule 81 of the Alabama Rules of Civil Procedure other than any of the following:
a. Actions based in negligence against municipalities.
b. Actions seeking substitution of lost or destroyed records or instruments.
c. Summary motion proceedings.
d. Relieving disabilities of nonage.
(3) Actions seeking declaratory judgments.
(4) Appeals from probate or municipal courts.
(Acts 1975, No. 1205, p. 2384, §4-102; Acts 1995, No. 95-606, p. 1278, §1; Act 2019-405, §1.)
(a) The district court shall exercise exclusive jurisdiction over all civil actions in which the matter in controversy, exclusive of interest and costs, does not exceed six thousand dollars ($6,000). These actions shall be placed on a small claims docket by each district court and shall be processed according to uniform rules of simplified civil procedure as may be promulgated by the Supreme Court.
(b) A party, including an individual, partnership, or corporation, may appear in cases on the small claims docket of district court with or without representation by an attorney. If a partnership appears without representation by an attorney, the person representing the partnership shall be a partner or employee of the partnership and if a corporation appears without representation by an attorney, the person representing the corporation shall be an officer or full-time employee of the corporation.
(c) No party shall seek or recover any judgment in a case on the small claims docket which includes an award of attorney fees unless the party is represented by a licensed attorney.
(d) No action shall be filed or prosecuted on the small claims docket by an assignee of the claim which is the subject matter of the action without being represented by a licensed attorney; nor shall any person, firm or corporation, excluding licensed attorneys, file or prosecute such an action on behalf of the original owner of the claim.
(e) No action may be filed or prosecuted on the small claims docket by any individual whose license to practice law, at the time of filing or prosecution, has been revoked, suspended, or otherwise impaired for disciplinary reasons by the Alabama Board of Bar Commissioners or the Alabama Supreme Court.
(f) Notwithstanding any other provision of law, the docket fee for cases on the small claims docket in which the matter in controversy exceeds one thousand five hundred dollars ($1,500) shall be the same as the docket fee set for cases in the district court that are not small claims cases.
(Code 1852, §602; Code 1867, §698; Code 1876, §616; Code 1886, §720; Code 1896, §638; Code 1907, §3052; Acts 1923, No. 589, p. 764; Code 1923, §6465; Code 1940, T. 13, §129; Acts 1990, No. 90-382, p. 513, §2; Acts 1996, No. 96-752, p. 1323, §1; Act 2015-224, §1.)
(a) Misdemeanors. The district court shall have exclusive original trial jurisdiction over prosecutions of all offenses defined by law or ordinance as misdemeanors, except:
(1) Prosecutions by municipalities having municipal courts;
(2) Any such prosecution which also involves a felony offense which is within the exclusive jurisdiction of the circuit court, except as the district court is empowered to hold preliminary hearings with respect to felonies and to receive guilty pleas as provided in subsection (b) of this section; and
(3) Any misdemeanor for which an indictment has been returned by a grand jury.
(b) Felonies.
(1) The district court may exercise original jurisdiction concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined by law as felonies not punishable by sentence of death.
(2) The district court shall have jurisdiction to hold preliminary hearings in prosecutions for felonies as provided for in Title 15 of this code.
(Acts 1975, No. 1205, p. 2384, §4-106.)
The district court may exercise jurisdiction over proceedings relating to demands for extradition made by another jurisdiction pursuant to the laws of Alabama governing extradition.
(Acts 1975, No. 1205, p. 2384, §4-106.)
Juvenile jurisdiction shall be exercised concurrently by the district court and the circuit court as provided by law.
(Acts 1975, No. 1205, p. 2384, §4-104.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(a) Adoption proceedings, primarily cognizable before the probate court, may be transferred to the district court on motion of a party to the proceeding in probate court.
(b) When adoption proceedings are transferred to the district court, a copy of the record of such proceedings shall be filed in the probate court, and the probate court offices shall maintain records of all adoption proceedings within their respective counties.
(Acts 1975, No. 1205, p. 2384, §4-105.)
(a) Venue in the district court lies in the county where venue would lie for civil or criminal actions brought in the circuit court, except that:
(1) In counties where venue has lain within an area of lesser geographic extent than the county for any categories of cases which were on December 18, 1973, within the jurisdiction of a court inferior to the circuit court, venue lies in such lesser geographic area; and
(2) Venue of prosecutions for violations of municipal ordinances shall be in the district court sitting in the municipality or, if none, the district court within the county and nearest to the municipality;
(b) If any action is filed in a court located where venue does not lie, any party may move to transfer the action to a location where venue may properly be laid.
(c) Additional locations for purposes of court sites may be designated by the Administrative Director of Courts to serve the best interest and administration of justice.
(Acts 1975, No. 1205, p. 2384, §4-107.)
Any civil action brought in district court of which the circuit court has concurrent jurisdiction may be removed by a defendant or defendants to the circuit court of the county in which the action is pending. A defendant or defendants desiring to remove a case under this section shall file a notice of removal with the circuit court within 30 days after receipt, through service or otherwise, of a copy of the initial pleading. A case removed under this section shall not be subject to the jurisdictional damage limitations of district court. If a defendant or defendants requests removal of any civil action under this section, the circuit clerk shall remove the civil action to circuit court.
(Act 2019-405, §2.)
As used in this article, the following terms have the following meanings:
(1) BOATING VIOLATION. As defined in Section 33-5-3.
(2) TRAFFIC INFRACTION. Any violation of a statute, ordinance, or rule relating to the operation or use of motor or other vehicles or the use of streets and highways by pedestrians.
(Acts 1975, No. 1205, p. 2384, §4-106; Act 2023-363, §3.)
The district court shall have exclusive original jurisdiction of misdemeanor prosecutions for traffic infractions and all boating violations, except ordinance infractions prosecuted in municipal courts.
(Acts 1975, No. 1205, p. 2384, §4-106; Act 2023-363, §3.)
Pursuant to Section 12-17-251, magistrates may receive pleas of guilty in traffic infraction and boating violation prosecutions, but may not receive pleas in matters involving any of the following:
(1) Violations resulting in personal injury.
(2) Operation of a motor vehicle or vessel while intoxicated.
(3) Reckless driving or reckless operation of a vessel.
(4) Felonies or indictable offenses.
(5) Operation of a motor vehicle or vessel without an operator’s license or boater safety certification, as applicable, or while the license or certification is suspended or revoked.
(6) A defendant convicted of two or more previous traffic offenses or boating violations in the preceding 12 months.
(Acts 1975, No. 1205, p. 2384, §4-106; Act 2023-363, §3.)
(a) Every law enforcement agency in the state shall use traffic citations of the form known as the uniform traffic ticket and complaint, which shall be substantially uniform throughout the state and which shall be issued, except for an electronic traffic ticket or e-ticket, as defined in Section 32-1-4, in books with citations in no less than quadruplicate.
(b) The uniform traffic ticket and complaint shall be used in traffic cases where a complaint is made by a law enforcement officer or by any other person or an information is filed by the district attorney.
(Acts 1975, No. 1205, p. 2384, §4-106; Act 2006-579, p. 1522, §1.)
The judge or judges and the clerk of the district court shall designate personnel to be responsible for accounting for all uniform traffic tickets and complaints issued to law enforcement officers or others in their jurisdiction and for the proper disposition of the forms and shall cause to be prepared records and reports relating to the uniform traffic tickets and complaints in the manner and at the time as may be prescribed by rule of the Supreme Court. In instances in which an electronic traffic ticket or e-ticket, as defined in Section 32-1-4, is used, the judges and the clerks of the district courts shall designate personnel to be responsible for accounting for all e-tickets received and issued by the court in the manner and at the time as may be prescribed by rule of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §4-106; Act 2006-579, p. 1522, §1.)
(a) Schedules of fines to be imposed for traffic infractions and boating violations shall be established by law or rule.
(b) The manner in which fines and costs shall be paid to and accounted for by personnel assigned to accept payment shall be provided by administrative rule.
(Acts 1975, No. 1205, p. 2384, §4-106; Act 2023-363, §3.)
(a) No law enforcement officer or other officer or public employee shall dispose of a uniform traffic ticket and complaint or any portion thereof or the record of issuance thereof in a manner other than as required under rules or regulations promulgated pursuant to this subsection.
(b) Any person who solicits or aids in the disposition or attempted disposition of a uniform traffic ticket and complaint or any portion thereof in any unauthorized manner is subject to the criminal contempt power of the district or municipal court.
(Acts 1975, No. 1205, p. 2384, §4-106.)
(a)(1) Whenever any person is arrested for a violation of any non-traffic offense enumerated in Rule 20, Appendix B of the Alabama Rules of Judicial Administration, as adopted by the Supreme Court of Alabama, the arresting officer, unless otherwise provided in this section, shall take the name and address of the person and the license number or identification number of his or her motor vehicle or vessel, as appropriate, and shall issue a summons or otherwise notify him or her in writing to appear at a time and place to be specified in such summons, notice, or electronic uniform non-traffic citation and complaint (eUNTCC).
(2) For purposes of this section, eUNTCC means a ticket that is electronically generated and printed at the site of a violation. Only violations enumerated in Rule 20, Appendix B of the Alabama Rules of Judicial Administration may be electronically transmitted to the court.
(3) The eUNTCC may also be used to initiate the summons and complaint process pursuant to the Alabama Rules of Criminal Procedure in a printed form wherein it is processed by the court as is any other written ticket not otherwise transmitted electronically.
(4) The person arrested, if he or she so desires, shall have a right to a hearing within 24 hours at a convenient time before a magistrate within the county or city where the arrest occurred, or if an eUNTCC is written, the person may have a hearing within 24 hours at a convenient time before any magistrate in this state. In enforcing this section, a law enforcement agency may require a sufficient written court appearance bond of the arrested person.
(5) Except when an arresting officer cites a person with an eUNTCC, the arresting officer, upon the giving by the person of a sufficient written bond approved by the arresting officer to appear at such time and place, forthwith shall release the person from custody. Except when an arresting officer cites a person with an eUNTCC, a person refusing to give bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. When an eUNTCC is used by an arresting officer, the person, upon accepting a written copy of the eUNTCC, shall be deemed, without signature, to have given his or her written bond to appear in court on the date specified on the eUNTCC. A person refusing to accept a written copy of the eUNTCC shall be deemed to be refusing to give bond to appear and the person shall be taken immediately by the arresting officer before the nearest or most accessible magistrate.
(6) Any person who, not having pled guilty as provided in Rule 20 (E) (1) of the Alabama Rules of Judicial Administration, willfully violates his or her written bond by failing to timely appear shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.
(b) This section shall not apply to any of the following and the arresting officer shall take the person forthwith to the nearest or most accessible magistrate:
(1) A person arrested and charged with an offense involving, causing, or contributing to an accident resulting in injury or death.
(2) A person charged with driving or operating a vehicle or vessel while under the influence.
(3) A person who the arresting officer has good cause to believe has committed a felony.
(c) Any officer violating this section shall be guilty of misconduct in office and shall be subject to removal from office.
(Act 2011-628, p. 1485, §1.)
(a) Civil cases. Any party may appeal from a final judgment of the district court in a civil case by filing notice of appeal in the district court, within 14 days from the date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs as required by law or rule.
(b) Criminal cases. A defendant may appeal from a final judgment of the district court in a criminal or quasi-criminal case by filing notice of appeal within 14 days from the date of judgment or from the date of denial of a post-trial motion, whichever is later, together with such bond as may be fixed by the court, conditioned upon the defendant’s appearance before the circuit court; provided, however, that the court may authorize the defendant’s release on his own recognizance without any undertaking relating to or deposit of security. If the appeal is to an appellate court, the notice of appeal shall be filed within the time prescribed in the Alabama Rules of Appellate Procedure and where applicable, the Alabama Rules of Juvenile Procedure. A defendant sentenced to imprisonment shall not be released from custody pending an appeal until a cash bond is deposited or until he has given sufficient bond with surety, approved by the judge or magistrate, unless the court has authorized the release of such defendant on his own recognizance. If the appeal is to the circuit court and the defendant is not released from custody, the prosecution shall so notify the circuit clerk and the case shall be set for trial at the earliest practicable time.
(c) The state or municipality may appeal only from a judgment holding a statute or ordinance invalid.
(d) When an appeal is to the circuit court, the clerk of the district court, if separate from the clerk of the circuit court, shall forthwith file the notice of appeal, a cost bill and copies of the case file with the clerk of the circuit court. If the appeal is to an appellate court, the clerk of the district court shall follow the Alabama Rules of Appellate Procedure, and if applicable, the Alabama Rules of Juvenile Procedure.
(e) The circuit court shall, upon failure of the appellant to appear in court when the case is called for trial, unless good cause for such default is shown, enter an order dismissing the appeal and enter judgment of default on any appearance bond given in connection therewith in accordance with the procedures set out in Title 15, Article 5, Chapter 13. On motion of the defendant for good cause shown, the circuit court may, within 30 days of the date of the order of dismissal, set it aside and reinstate the appeal on such terms as the court may prescribe. If a separate district clerk’s office has been established, the circuit clerk shall, upon the expiration of 30 days from the date of an order dismissing an appeal, unless such order is set aside, deliver a copy thereof to the district court clerk.
(f) Upon receipt of notice of dismissal of an appeal based upon the defendant’s failure to appear, the district court may issue a warrant for arrest of the defendant, who may also be arrested without a warrant as an escapee. Upon arrest, the defendant shall be brought before the district court judge and punished in accordance with the judgment of the court.
(g) In addition to an involuntary dismissal as provided in subsection (e), the judge of the circuit court to which an appeal has been taken may, at the request of the defendant, enter an order dismissing the appeal, provided the defendant tenders payment of the costs and fine imposed by the district court at the time the request for dismissal is made, and provided further, that the defendant submits himself to the sheriff or, in municipal ordinance cases, to the chief of police to begin serving any sentence of imprisonment ordered by the district court. Any order dismissing an appeal, along with the fine and costs assessed by the district court and collected by the circuit court clerk pursuant to this subsection, shall be delivered to the district court clerk if a separate district clerk’s office has been established, no later than 30 days from the date the appeal is dismissed.
(h) When judgment of guilt is entered against a defendant on appeal and the sentence of the circuit court includes a term of imprisonment, commitment shall be to the appropriate municipal jail, county jail or state penitentiary. All fines imposed and costs, including those costs accruing in district court, shall be collected by the circuit clerk and distributed as provided by law.
(Acts 1975, No. 1205, p. 2384, §4-111; Acts 1986, Ex. Sess., No. 86-723, p. 146, §1.)
Except as provided in Section 12-12-72 and in subsection (e) of Section 12-15-120, all appeals from final judgments of the district court shall be to the circuit court for trial de novo.
An appellant shall not be entitled to a jury trial in circuit court unless it is demanded in the notice of appeal, and an appellee shall have no right to a jury trial unless written demand is filed in circuit court within 14 days of service upon him of notice of appeal.
(Acts 1975, No. 1205, p. 2384, §4-111.)
Appeals shall be directly to the appropriate appellate court if:
(1) An adequate record or stipulation of facts is available and the right to a jury trial is waived by all parties entitled thereto; or
(2) The parties stipulate that only questions of law are involved and the district court certifies the questions.
(Acts 1975, No. 1205, p. 2384, §4-111.)
A supersedeas bond in twice the amount of the judgment shall be required of the appellant in any civil appeal to the circuit court. Upon the filing of such supersedeas bond and the timely filing of a notice of appeal, execution of the judgment shall be stayed pending final judgment on appeal.
(Acts 1975, No. 1205, p. 2384, §4-111.)
(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general jurisdiction as to all other matters which may be conferred upon them by law, unless the law so conferring jurisdiction expressly makes the jurisdiction special or limited.
(b) The probate court shall have original and general jurisdiction over the following matters:
(1) The probate of wills.
(2) The granting of letters testamentary and of administration and the repeal or revocation of the same.
(3) All controversies in relation to the right of executorship or of administration.
(4) The settlement of accounts of executors and administrators.
(5) The sale and disposition of the real and personal property belonging to and the distribution of intestate’s estates.
(6) The appointment and removal of guardians for minors and persons of unsound mind.
(7) All controversies as to the right of guardianship and the settlement of guardians’ accounts.
(8) The allotment of dower in land in the cases provided by law.
(9) The partition of lands within their counties.
(10) The change of the name of any adult residing in their county, upon his or her filing a declaration in writing, signed by him or her, stating the name by which he or she is known and the name to which he or she wishes it to be changed.
(11) The change of the name of any minor residing in their county, upon the filing of a declaration in writing, signed by the parent or legal guardian of the minor, stating the name by which the minor is known and the name to which it is to be changed, along with the consent from all persons who have natural parental or legal rights of the minor. Consent of the minor is required if the minor is 14 or more years of age. This subdivision does not apply to a minor who is involved in a domestic relations matter that is pending in the circuit court or to a minor whose name is ordered by a court to be changed pursuant to the Uniform Parentage Act.
(12) Other cases as jurisdiction is or may be given to probate courts by law, to be exercised in the manner prescribed by law.
(c) The probate court and circuit court shall have concurrent original and general jurisdiction of any proceedings under Chapter 9 of Title 38.
(d) All orders, judgments, and decrees of probate courts shall be accorded the same validity and presumptions which are accorded to judgments and orders of other courts of general jurisdiction.
(Code 1852, §670; Code 1867, §790; Code 1876, §693; Code 1886, §787; Code 1896, §3363; Code 1907, §5419; Code 1923, §9579; Code 1940, T. 13, §278; Act 2022-123, §1.)
Any person in any branch of service of the government of the United States of America, including those in the military, air and naval service, and the husband or wife of any such person, if he or she dies while living within the borders of the State of Alabama, shall be deemed prima facie to be a resident and inhabitant of the State of Alabama and of the county in which he or she was living at the time of his or her death for purposes of general probate jurisdiction, including the probation of his or her will and the granting of letters testamentary or of administration upon his or her estate.
(Acts 1955, No. 540, p. 1196.)
The probate court shall at all times be considered as open, except on Saturdays, Sundays and holidays, with authority to do all things needful in relation to granting letters testamentary or of administration or guardianship and all matters pertaining thereto and making all other necessary orders which are grantable as a matter of course.
In all cases, any order or decree may be set aside or amended and the case reopened within 30 days after the rendition thereof by the judge of the court in which said decree was rendered or said order was made.
(Code 1852, §673; Code 1867, §795; Code 1876, §701; Code 1886, §794; Code 1896, §3371; Code 1907, §5129; Code 1923, §9590; Acts 1932, Ex. Sess., No. 43, p. 52; Code 1940, T. 13, §295.)
In all counties in this state where terms of the probate court are held at places other than the county seat, the probate courts of such counties may try any case, sign any order, judgment or decree arising in said county and hear and determine any matter, case or proceedings at any time at either the county seat or at any place other than the county seat where such matter, case or proceedings may be legally heard, tried or determined.
(Acts 1931, No. 446, p. 540; Code 1940, T. 13, §296.)
All letters testamentary, of administration and of guardianship and all process from the probate court shall be signed by the judge or his chief clerk, bear the date of the day of issue and conform, as nearly as possible, to those used in other courts in this state and shall be directed, executed and returned in like manner and under the same penalties unless otherwise provided by law.
(Code 1852, §675; Code 1867, §797; Code 1876, §703; Code 1886, §796; Code 1896, §3375; Code 1907, §5433; Code 1923, §9595; Code 1940, T. 13, §304.)
All executions and other process issuing from the probate court may be made returnable, if no other day is provided by law, not less than three nor more than six months after such issue.
(Code 1852, §680; Code 1867, §805; Code 1876, §710; Code 1886, §799; Code 1896, §3378; Code 1907, §5436; Code 1923, §9598; Code 1940, T. 13, §307.)
The probate court may issue process of garnishment upon decrees for money, in favor of plaintiffs in such decrees, returnable within 30 days, upon compliance with the laws respecting garnishments in the circuit courts on judgments and may render judgments or decrees on the answers of such garnishees, enforce the collection thereof by execution, as may be necessary, and try all collateral issues that may grow out of the answers of such garnishees, both as to a contest of an answer or a claim of an alleged transferee.
(Code 1867, §802; Code 1876, §708; Code 1886, §797; Code 1896, §3376; Code 1907, §5434; Code 1923, §9596; Code1940, T. 13, §305.)
The provisions of this code in reference to garnishments in the circuit court are applicable to garnishments in the probate court.
(Code 1867, §803; Code 1876, §709; Code 1886, §798; Code 1896, §3377; Code 1907, §5435; Code 1923, §9597; Code 1940, T. 13, §306.)
(a) The probate court may issue show cause orders and attachment for contempts offered to the court or its process by any executor, administrator, guardian, or other person and may punish the person by a fine not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both.
(b) In all cases or other proceedings in the probate court of a county where the judge of probate is a licensed attorney in this state, the judge of probate shall have the same power to punish for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30 or other law or as provided by the common law of this state.
(Code 1852, §671; Code 1867, §791; Code 1876, §694; Code 1886, §788; Code 1896, §3364; Code 1907, §5420; Code 1923, §9580; Code 1940, T. 13, §279; Act 2017-388, §1.)
In all cases in the probate court where a jury may be called to try contested facts, changes of venue may be had as in cases of contested wills and all the provisions as to changes of venue in cases of contested wills shall apply to changes of venue under this section.
(Code 1867, §809; Code 1876, §716; Code 1886, §804; Code 1896, §3383; Code 1907, §5441; Code 1923, §9603; Code1940, T. 13, §312.)
(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:
(1) Irregularity in the proceedings of the court, jury or prevailing party, or any order of court, or abuse of discretion, by which the party was prevented from having a fair trial.
(2) Misconduct of the jury or prevailing party.
(3) Accident or surprise, which ordinary prudence could not have guarded against.
(4) Excessive or inadequate damages.
(5) Error in the assessment of the amount of recovery, whether too large or too small where the action is upon a contract or for the injury or detention of property.
(6) The verdict or decision is not sustained by the great preponderance of the evidence or is contrary to law.
(7) Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.
(8) Error of law occurring at the trial and properly preserved by the party making the application.
(b) The court, in granting new trials, may allow the same upon the payment of such costs by party applying therefor, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.
(Code 1923, §9518; Code 1940, T. 13, §276.)
The provisions of this code in reference to evidence, pleading and practice, judgments and orders in the circuit court, so far as the same are appropriate, and the mode of obtaining evidence by oral examination or by deposition and of compelling the attendance of witnesses and of enforcing orders and judgments, in the absence of express provision to the contrary, are applicable to the proceedings in the probate court.
(Code 1852, §682; Code 1867, §807; Code 1876, §712; Code 1886, §801; Code 1896, §3380; Code 1907, §5438; Code 1923, §9600; Code 1940, T. 13, §309.)
The chief clerk of the probate court, before he enters upon his duties, must take the oath directed to be taken by the officers of this state and give bond, with surety, payable to the probate judge, in such sum as he may prescribe, upon which bond such clerk shall be liable to such judge inconsequence of any act of misfeasance or malfeasance of such chief clerk in the duties of his office, which bond must be approved by the probate judge and filed and recorded in the office of the clerk of the circuit court of the county.
(Code 1852, §674; Code 1867, §796; Code 1876, §702; Code 1886, §795; Code 1896, §§3372, 3373; Code 1907, §5430; Code 1923, §9593; Code 1940, T. 13, §301.)
(a) The chief clerk shall have the following powers:
(1) To issue letters testamentary, of administration and of guardianship, where there is no contest.
(2) To administer oaths relating to the business of the court and to take and certify acknowledgments and proof of instruments authorized to be recorded.
(3) To solemnize matrimony, approve bonds and appoint guardians ad litem.
(4) To admit wills to probate and record and to pass and allow accounts of executors, administrators and guardians, where there is no contest.
(5) To do all other acts and things and perform all other duties, ministerial and judicial, where there is no contest, that the probate judge may do and perform.
(b) All of the official acts of such chief clerk must be performed in the name of the probate judge, except when there is a vacancy in that office.
(Code 1852, §674; Code 1867, §796; Code 1876, §702; Code 1886, §795; Code 1896, §3372; Code 1907, §5430; Code 1923, §9592; Code 1940, T. 13, §300.)
Whenever a vacancy shall occur in the office of the probate judge, the chief clerk in that office, appointed and qualified as authorized by law, shall, during such vacancy and until the qualification of a lawful successor, perform all the duties of that office which he is authorized by law to perform when there is no vacancy, but must not receive money on decrees or executions or become the custodian of trust funds pertaining to the court. He may make all necessary orders for the continuances of cases and proceedings pending in the court.
All such duties are to be performed, during such vacancy, by such chief clerk in his own name as clerk of the probate court, and he is entitled to the lawful fees therefor. For his official acts under this article, such chief clerk and the sureties on his bond to the probate judge shall be liable to persons injured according to the legal effect of official bonds as declared by statute.
(Code 1896, §3374; Code 1907, §5432; Code 1923, §9594; Code 1940, T. 13, §302.)
No probate judge or his clerk or any register shall prepare or assist in the preparation of any paper, document or instrument which is to be heard or determined by such judge or register or which may become a subject of controversy before such judge or register, but such judge or his clerk may prepare or assist in the preparation of acknowledgments and proof of conveyances, affidavits, oath, affirmations or any instrument which by law is required to be prepared by such judge.
Any probate judge or his clerk or any register who shall prepare or assist in the preparation of any paper, document or instrument in violation of this section shall be guilty of a misdemeanor and shall forfeit the sum of $300.00, one third to the use of the state and two thirds to the use of any person who may institute a civil action for the same; provided further, that any citizen of the county in which the violation may occur may institute a civil action, in his own name, for this penalty in the circuit court of said county.
(Code 1907, §§5423, 7467; Code 1923, §§5059, 9583; Acts 1931, No. 487, p. 592; Code 1940, T. 13, §287.)
For a failure to make money on or for failing to return any execution issued from or returnable to the probate court or for not paying over money collected on such execution, the sheriff, coroner or other officer and his sureties are liable to the same penalties and judgments as in like cases in the circuit court, the proceedings to be instituted and conducted in the probate court in the same manner as in the circuit court, either party having the right, on request, to a trial of all questions of fact by a jury, and an appeal from the judgment entered may be taken to the circuit or Supreme Court.
(Code 1852, §681; Code 1867, §806; Code 1876, §711; Code 1886, §800; Code 1896, §3379; Code 1907, §5437; Code 1923, §9599; Code 1940, T. 13, §308.)
Any clerk or person in the office of the probate judge who obtains possession of the books, papers, money or property belonging or appertaining to such office pending a vacancy therein and who fails or refuses on demand to deliver such books, papers, money or property to the lawfully qualified successor of the probate judge must, on conviction, be fined not less than $200.00.
(Code 1896, §5159; Code 1907, §7460; Code 1923, §5052; Code 1940, T. 13, §303.)
(a) The judge of probate of each county may be entitled to receive from the county treasury payment for expenses, including, but not limited to, membership dues and other expenses, incurred in attending state or national conferences, schools and other functions attended by said judge, including, but not limited to, the personnel in his or her office, pertaining to his or her official position of judge of probate, which payment shall be in addition to all other compensation and allowances now provided by law. Such payments shall be paid on warrants approved by the county commissions of each county drawn on any funds in the county treasury not otherwise appropriated.
(b) Membership dues and fees may be paid by remittance to the secretary/treasurer of such organization upon presentation of a statement therefor.
(c) Expenses may be remitted directly to the individual concerned upon presentation of an itemized statement, supported by receipts, indicating actual expenses incurred. Such statement may be properly sworn to and notarized.
(d) In counties wherein supplements or expenses are presently paid to the judge of probate and personnel in his or her office for expenses as described in subsection (a) of this section, whether paid through the authority of local or other laws of the State of Alabama, such expenses described in subsection (a) of this section may be paid by the governing body of the county, but in no circumstance may such expenses be paid or reimbursed more than once under authority granted by this or previous laws of the State of Alabama.
(Acts 1977, No. 503, p. 659.)
(a) No probate judge who is on a salary and who serves as chairman of the county commission shall receive total compensation less than $35,000.00 per year beginning on October 1, 1985 and less than $40,000.00 per year beginning on October 1, 1986, for serving as chairman and probate judge. This section in no way affects probate judges earning more than $35,000.00 per year on October 1, 1985 and more than $40,000.00 per year on October 1, 1986.
(b) No probate judge who is on a salary and who does not serve as chairman of the county commission shall receive total compensation less than $32,500.00 per year beginning on October 1, 1985 and less than $37,500.00 per year on October 1, 1986. This section in no way affects probate judges earning more than $32,500.00 per year on October 1, 1985 and more than $37,500.00 per year on October 1, 1986.
(c) On October 1, 1990, and on October 1, 1991, and on October 1, 1992, each probate judge in this state who is paid on a salary basis shall receive an additional annual salary increase of $5,000.00 on each of said three dates, for a total increase of $15,000.00 over the said three year period, payable on and after October 1, 1992.
(d) No probate judge who is on a salary and who serves as chairman of the county commission shall receive total compensation more than $55,000.00 per year beginning on October 1, 1990. This section in no way affects probate judges earning more than $55,000.00 per year on October 1, 1990.
(e) No probate judge who is on a salary and who does not serve as chairman of the county commission shall receive total compensation more than $52,500.00 per year beginning on October 1, 1990. This section in no way affects probate judges earning more than $52,500.00 per year on October 1, 1990.
(f) Any necessary funds needed to ensure a probate judge shall receive the total respective compensations herein provided shall be paid out of the respective county’s general fund.
(g) The provisions of this section shall not affect the compensation of probate judges of counties where said judges are compensated on the basis of the fee system.
(Acts 1980, No. 80-810, p. 1674; Acts 1982, No. 82-627, p. 1181; Acts 1985, No. 85-666, p. 1059; Acts 1990, No. 90-702, p. 1362.)
(a) The term “developmentally disabled” person, means a person whose impairment of general intellectual functioning or adaptive behavior meets the following criteria:
(1) It has continued since its origination or can be expected to continue indefinitely.
(2) It constitutes a substantial burden to the impaired person’s ability to perform normally in society.
(3) It is attributed to one or more of the following:
a. Mental retardation, cerebral palsy, epilepsy, or autism.
b. Any other condition of a person found to be closely related to mental retardation because it produces a similar impairment or requires treatment and services similar to those required for a person who is mentally retarded
c. Dyslexia resulting from a condition described in subparagraph a or b.
(b) Guardianship for a developmentally disabled person shall be utilized only as is necessary to promote and protect the well being of the person, including protection from neglect, exploitation, and abuse; shall be designed to encourage the development of maximum self-reliance and independence in the person; and shall be ordered only to the extent necessitated by the person’s actual mental and adaptive limitations.
The court may appoint as guardian for a developmentally disabled person any suitable person or agency, public or private, including a private association or nonprofit corporation capable of conducting an active guardianship program for a developmentally disabled person. The court shall not appoint the Department of Mental Health as guardian or any other agency, public or private, that is directly providing services to the developmentally disabled person.
(c) A petition for the appointment of a guardian for an individual who is developmentally disabled may be filed with the probate court by an interested person or entity or by the individual. “Interested person or entity” shall mean an adult relative or friend of the respondent, an official or private agency, corporation, or association concerned with the person’s welfare, or any other person found suitable by the court.
(Acts 1986, No. 86-623.)
(a) Before recording any document, with the exception of federal and state tax liens, as public record with the probate court that conveys any interest in real or personal property or purports to encumber an interest in real or personal property, or any other document, including military discharge forms, that is filed as a public record in the probate court, the person submitting the document for recordation shall redact, remove, or otherwise make illegible any Social Security number appearing in the document. Removal of the Social Security number shall be a condition to filing the document.
(b) Before recording any document, with the exception of federal and state tax liens, as public record with the probate court that conveys any interest in real or personal property or purports to encumber an interest in real or personal property, the person submitting the document for recordation shall redact, remove, or otherwise make illegible any birthdate if it appears in the document in connection with a person’s name unless the birthdate is required by law to be included in the document or is a necessary part of the document.
(c) The judge of probate, in accordance with this section, may redact, remove, or otherwise make illegible a Social Security number or birthdate appearing in connection with a person’s name that appears in any document, with the exception of federal and state tax liens, that conveys any interest in real or personal property or purports to encumber an interest in real or personal property and is recorded in the probate court, or any other document, including military discharge forms, that is filed as a public record in the probate court. Notwithstanding the foregoing, dates of birth shall not be redacted, removed, or otherwise made illegible on marriage certificates.
The judge of probate may make such records available to the public in electronic format and publish such records on the Internet.
(d) To the extent federal law conflicts with this section, an instrument shall contain the information required by and shall be filed in a manner that complies with federal law.
(e) The failure to comply with the requirements of this section shall not invalidate or adversely affect any document which is recorded even though that document does not comply with the requirements of this section.
(Act 2009-567, p. 1669, §1; Act 2010-707, p. 1728, §1.)
(a) For the purposes of this section, the following words shall have the following meanings:
(1) DECLARATION OF RESIDENCE. Any written document which conveys a person’s intention to designate any place within this state as his or her place of residence.
(2) PERSON. Whether used in the singular or plural form, a natural person who is a citizen of the United States. When used in reference to the designation of a place of residence, the word “person” shall include any dependent minor child of a person.
(3) PLACE or PLACE OF RESIDENCE. A physical location which is capable of habitation and may be described in any way reasonably calculated to locate the same.
(4) RESIDENT. A lawful citizen of this state for all legal purposes other than registration to vote or qualification for elected office.
(b) Any person who is absent from this state on military duty, eleemosynary journey, mission assignment, or other similar venture may designate any place within the State of Alabama as his or her residence. Upon filing a notarized declaration of residence with the judge of probate of the county in which the designated place of residence is located, the person and his or her dependent children shall thereafter be considered residents of that designated place for all purposes under the law.
(c) The judge of probate of the county, upon receipt of a declaration of residency, shall file the same within the public record of his or her office.
(d) Notwithstanding the foregoing, a declaration of residence filed under this section shall not affect the person’s eligibility to register to vote or qualify for an elected office if that person otherwise meets the requirements of law to register to vote or to qualify for elected office.
(e) Notwithstanding the foregoing, if a person is previously registered to vote in a district their voting rights shall continue in that district.
(f) In the event a person has filed a declaration of residence as provided in this section and otherwise meets all requirements of law to register to vote or to qualify for elected office, then that person may also register to vote or qualify for elected office at the place of residence designated pursuant to this section.
(g) Notwithstanding the foregoing, the filing of a declaration of residence under this section does not establish permanent residency for the person filing the declaration for the purposes of eligibility for the Alabama G.I. and Dependents’ Educational Benefit Act, Sections 31-6-1 through 31-6-17, inclusive.
(h) Nothing in this section shall be used to change the venue of any pending civil action or for the purpose of forum shopping.
(i) Notwithstanding the foregoing, the filing of a declaration of residence under this section does not establish permanent residency for the person filing the declaration for the purposes of qualifying for in-state tuition rates at a state-supported institution of higher education, unless the person either filed a personal income tax return with the State of Alabama or would have been required to file a personal income tax return if the person otherwise had a tax liability.
(Act 2012-408, p. 1112, §§1, 2.)
A probate judge shall be elected by the qualified voters of each county, who shall hold office for a term of six years from the first Monday after the second Tuesday in January next after his election and until his successor is elected and qualified.
(Code 1852, §661; Code 1867, §781; Code 1876, §684; Code 1886, §778; Code 1896, §3354; Code 1907, §5410; Code 1923, §9569; Code 1940, T. 13, §271.)
A probate judge must be a citizen of the state and must have resided in the county for which he is elected or appointed for one year preceding the election or appointment.
(Code 1852, §662; Code 1867, §782; Code 1876, §685; Code 1886, §779; Code 1896, §3356; Code 1907, §5412; Code 1923, §9572; Code 1940, T. 13, §273.)
Vacancies in the office of probate judge shall be filled by the Governor, and the person appointed shall hold office until the election and qualification of his successor.
(Code 1852, §663; Code 1867, §783; Code 1876, §686; Code 1886, §780; Code 1896, §3355; Code 1907, §5411; Code 1923, §9571; Code 1940, T. 13, §272.)
The official bond of the probate judge shall be determined by the use of the following table based on a percentage of the total annual collections recorded in the latest audit report for each office published at least four months prior to the date the bond is required to be filed:
TABLE FOR COMPUTING AMOUNT OF BOND Annual CollectionsOverBut Not OverAmount of BondOf Excess OverZero$250,000$25,000 ____$250,000$1,000,000$25,000+5%$250,000$1,000,000 ____ $62,500+1%$1,000,000
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §87; Acts 1986, Ex. Sess., No. 86-682, p. 76.)
Civil actions may be instituted on all bonds given by a probate judge by anyone sustaining any injury by reason of any neglect or omission of such officer to take good and sufficient surety from any executor, administrator or guardian or from any officer whose bond it is his duty to approve or in any case in which it is his duty to require additional bond and he fails so to do or by the failure of such judge to perform any other official duty or by reason of the commission by him of any wrongful act in the performance of his official duties or under color of his office.
(Code 1852, §665; Code 1867, §786; Code 1876, §689; Code 1886, §783; Code 1896, §3359; Code 1907, §5415; Code 1923, §9575; Code 1940, T. 13, §274.)
The probate judge shall have a seal of office.
(Code 1852, §669; Code 1867, §789; Code 1876, §692; Code 1886, §786; Code 1896, §3362; Code 1907, §5418; Code 1923, §9578; Code 1940, T. 13, §277.)
The probate judge shall keep his office at the courthouse, and, unless otherwise provided by a local law, the office of the probate judge shall be kept open for transaction of business on every day, except Sundays and legal holidays, from 9:00 A.M. until 4:00 P.M.
(Code 1852, §667; Code 1867, §788; Code 1876, §691; Code 1886, §785; Code 1896, §3361; Code 1907, §5417; Code 1923, §9577; Code 1940, T. 13, §276.)
If in any matter or proceeding arising in the probate court or in reference to which the judge thereof is required to exercise jurisdiction or authority or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency, absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications of a probate judge to act as special probate judge.
Such special judge in relation to such matter or proceeding shall have the jurisdiction and authority and discharge the duties of the probate judge, and the judgments, orders and decrees made or rendered by him shall be entered on the records of such court and shall have the force and effect and shall be subject to revision on appeal or by other revisory remedy, of judgments, orders and decrees of such probate court.
(Code 1886, §802; Code 1896, §3381; Code 1907, §5439; Acts 1923, No. 35, p. 20; Code 1923, §9601; Code 1940, T. 13, §310.)
If the special judge so appointed fails or refuses to act or, having commenced to act and before finally concluding or determining such matter or proceeding, dies, becomes incompetent or fails or refuses to continue acting therein, the incompetency, absence, sickness or other disqualification of the probate judge continuing, the Alabama Supreme Court, upon the facts being certified to it, shall appoint another special judge of like qualification.
(Code 1886, §803; Code 1896, §3382; Code 1907, §5440; Code 1923, §9602; Code 1940, T. 13, §311.)
Probate judges shall be conservators of the peace in their respective counties.
(Code 1852, §666; Code 1867, §787; Code 1876, §690; Code 1886, §784; Code 1896, §3360; Code 1907, §5416; Code 1923, §9576; Code 1940, T. 13, §275.)
The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering such oath and taking such affidavit is not confined expressly to some other officer;
(2) To cause jurors to be impaneled and sworn in any matter of fact pending before him in which the right to a jury trial is given by law;
(3) To appoint guardians ad litem for minors and persons of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary, for whose official acts he shall be responsible;
(5) To complete the minute entries and decrees of the court when the same are incomplete on account of the failure to make necessary entries at the time when they should have been made, but the necessary application and proof must first be made, and such entries, orders or decrees shall be as valid and binding as if they had been made at the proper time;
(6) To authorize the making of an abstract of title of lands sold at judicial sale as provided in Section 6-8-30; and
(7) To exercise such other powers as are or may be conferred on him by law.
(Code 1852, §674; Code 1867, §796; Code 1876, §702; Code 1886, §795; Code 1896, §3372; Code 1907, §5430; Code 1923, §9591; Code 1940, T. 13, §297.)
It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas, executions and all other process which is necessary for the exercise of his powers, the jurisdiction of the court and the enforcement of its judgments, orders and decrees.
(2) To keep minutes of all his official acts and proceedings and, within three months thereafter, to record the same in well-bound books.
(3) To keep all the books, papers and records belonging to his office with care and security, the papers arranged, filed and labeled so as to be of easy reference and the books and records lettered and kept with general, direct and reverse indexes, but, without the authority of the county commission, he shall not make new indexes.
(4) To keep constantly in his office a well-arranged docket, showing the date of the issue and return of all process, the day set for the hearing, the kind of notice ordered, the returns of the sheriff and such other entries as may be necessary to show the true condition of all proceedings pending in the court and all fees accruing in the case and to whom due.
(5) To keep a correct account of the fees accruing to the sheriff or services of notices, citations and other process in relation to the estates of deceased persons and minors; he may receive and receipt for such fees and must, on demand, pay the same to the sheriff, and before the final settlement of any estate is allowed, the fees of the sheriff, or such part thereof as he is entitled to receive, must be paid.
(6) To enter on the fee-book, execution docket and on the execution the name of the attorney of the plaintiff in the judgment.
(7) To give transcripts of any paper or record required to be kept in his office, properly certified, on application of any person and the payment or tender of the lawful fees.
(8) To keep the acts, reports and digests furnished by the state to the county in his office or in the bar library, if there is one in the county, convenient to his office, except when delivered to the sheriff for the use of the circuit court.
(9) To have suitably bound, at the expense of the county and for the payment of which binding the county commission must issue a warrant on the county treasury, the reports of the census enumerators of the county, and he must keep such reports in the office, open to examination without charge.
(10) To provide a suitable and convenient place in the office for keeping the United States census reports and to preserve such reports, giving free access to them.
(11) To keep large and well-bound books for the registration of deeds of conveyance and other and separate books of like character for the registration of mortgages and other instruments to secure the payment of debts.
(12) To keep a large and well-bound book for the registration of liens of judgments and decrees, with direct and reverse indexes thereto.
(13) To keep a well-bound book for the registration of notice of the adverse possession of lands, with a proper index thereto.
(14) To perform such other duties as are or may be required of him by law.
(15)a. The probate judge of Elmore County in conformity to the duties set out in this section shall maintain a general register for all transactions now recorded by the probate office and having a general direct and general reverse index for every instrument filed. Specifically included in the general register are those instruments described in subdivision (11) (deeds and mortgages, etc.); subdivision (13) (adverse possession); Section 35-4-52 (bankruptcy petitions); Section 35-4-53 (bonds for title); Sections 35-4-69 and 35-4-71 (affidavits relative to chain of title of land); Section 35-4-76 (options to buy land); Section 35-4-90 (agreements to convey land); Section 35-4-91 (wills which convey real property); Section 35-4-130 (lis pendens and hospital liens); Sections 36-5-3, 36-5-4, 36-5-5, and 36-5-6 (official bonds, notary bonds and oaths of office); Section 10-2B-1.25 (corporations); Section 10-4-26 (church minutes which grant trustees the authority to convey land); Section 6-9-210 (liens of judgment); subsection (d) of Section 40-1-2 (tax liens); military discharges; medical records and any and all other miscellaneous documents may be so registered at the discretion of the probate judge.
b. These instruments excluded from this subsection, mainly subdivisions (2) and (3) (minutes of official acts); subdivision (4) (probate docket); Section 43-2-502 (final settlements); Sections 18-1A-93 and 18-1A-282 (condemnation orders); Section 40-10-15 (tax sales); subsection (a) of 35-2-51 (plats); Section 12-19-45 (fees), shall be maintained as specified by the heretofore existing laws.
c. Each instrument contained in the general index shall be numbered consecutively and filmed.
(Code 1852, §672; Code 1867, §792; Code 1876, §695; Code 1886, §789; Code 1896, §3365; Code 1907, §5421; Code 1923, §9581; Code 1940, T. 13, §280; Acts 1983, 3rd Ex. Sess., No. 83-821, p. 37.)
At the time of settlement, either partial or final, by a guardian of a beneficiary of the United States Veterans Administration and upon request of counsel of such agency, it shall be the duty of the probate judge in whose court the settlement is had and passed to furnish to the United States Veterans Administration a certified copy of the decree of the said court on the guardian’s settlement without cost to said United States Veterans Administration. For furnishing such certified copy the probate judge is authorized to collect from the guardian the fee now allowed by law for furnishing a copy of such decree on settlement by a guardian.
(Acts 1927, No. 91, p. 70; Code 1940, T. 13, §284; Acts 1951, No. 32, p. 242.)
The probate judge of each county in this state shall keep in his office four well-bound books of suitable size and grade of paper in which to make a general direct and a general reverse index of each instrument filed for record in his office, and two of said books shall be used for conveyances of real property and two for conveyances of personal property and all other instruments entitled to record in his office. In the general direct indexes he shall enter, in regular alphabetical order, under appropriate title, the name of each maker of the instrument, the name of each person to whom made, the date and character of such instrument and the date filed for record; and, in the general reverse indexes, in like alphabetical order, under its appropriate title, he shall enter the name of each person to whom the instrument is made, the name of each person by whom the instrument is made, the date and character of such instrument and the date filed for record. Instruments containing conveyances of both real and personal property shall be entered upon each set of indexes.
Immediately on receipt of any instrument to be recorded, the probate judge shall make the entries required by this section; and, after recording the instrument, the books and page in which the record is made shall be noted opposite each name thus placed in such general direct and in such general reverse indexes.
Failure to comply strictly with the provisions of this section shall subject the probate judge to a penalty of $100.00 for each failure, to be recovered by any person who institutes a civil action for the same, besides damages to any person injured by such failure.
(Code 1907, §5422; Acts 1915, No. 664, p. 725; Code 1923, §9582; Code 1940, T. 13, §285.)
It shall be the duty of the probate judges to make, on or before the tenth day of each month, to the State Department of Human Resources, reports on all adoptions handled by such courts during the preceding month. All reports required by this section shall be made upon forms furnished by the State Department of Human Resources.
(Acts 1923, No. 275, p. 270; Code 1940, T. 13, §288.)
The probate judge, deeming it necessary to recopy or rebind any books in his office, including maps or plats, in order to secure their contents from damage or loss must submit the same to the examination of the county commission, which, if it deem such rebinding or recopying necessary, must, upon its minutes, order the same to be made, and the probate judge must make the same in good and substantial books or binding and the county commission must allow him a reasonable compensation therefor.
(Code 1867, §740; Code 1876, §697; Code 1886, §790; Code 1896, §3366; Code 1907, §5424; Code 1923, §9584; Code 1940, T. 13, §290.)
If the county commission deems it advisable to rebind any of the books of the county, it shall be lawful for the probate judge to contract with a book bindery for the rebinding of such book, taking due precaution for the safety of the book and its due and proper return. For this purpose, the probate judge may surrender custody of a book for a period of not longer than 30 days.
(Code 1923, §9585; Code 1940, T. 13, §291.)
Money due on decrees for the payment of money rendered against any executor, administrator or guardian on a partial or final settlement may be paid to the probate judge, and it shall be his duty to pay over the same to the person entitled thereto on demand upon proper proof of identity or authority; and, for failure to do so, he shall incur a penalty in favor of the person entitled to the money of 10 percent damages, which, together with the money received and interest thereon, may be recovered by civil action on his bond.
(Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907, §5427; Code 1923, §9588; Code 1940, T. 13, §293.)
The probate judge shall be entitled to one half of one percent for receiving money under Section 12-13-48, to be paid by the party from whom the same is received out of his own funds, and the probate judge shall not be bound to receive this money until such percentage is paid.
(Code 1867, §794; Code 1876, §700; Code 1886, §793; Code 1896, §3370; Code 1907, §5428; Code 1923, §9589; Code1940, T. 13, §294.)
The records of the office must be free for the examination of all persons when not in use by the judge, whether such persons are interested in such records or not.
(Code 1867, §741; Code 1876, §698; Code 1886, §791; Code 1896, §3367; Code 1907, §5425; Code 1923, §9586; Code1940, T. 13, §292.)
Any probate judge who shall file for record or shall record any mortgage, deed of trust or other instrument in the nature of a mortgage without collecting the recording or registration tax provided for the recording or registration of such instruments or who shall fail to certify the fact that said tax has been paid before the filing and recording of such instrument shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $100.00.
(Code 1907, §7458; Code 1923, §5050; Code 1940, T. 13, §282.)
Any probate judge who fails to keep an abstract of mortgages or other instruments intended to secure the payment of money which are filed in his office for record, as he is required by law to keep, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $500.00.
(Code 1896, §3990; Code 1907, §7459; Code 1923, §5051; Code 1940, T. 13, §299.)
(a) In cooperation with the Alabama Securities Commission, each judge of probate may establish a real property owner notification service that informs owners of real property in the county whenever a document is recorded in the name of the real property owner or the address of the real property owner registered with the recording clerk where the property is located.
(b) Once established, the property owner notification service shall be free and available to any property owner who owns real property in the county.
(c) A judge of probate, the Alabama Securities Commission, or a third-party provider shall not be liable for failure to provide notice under this section.
(Act 2026-536, §2.)
All laws dealing with the eligibility of probate judges to assume duties and obligations, and to claim and receive benefits, as supernumerary probate judges are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of October 1, 1976, continued in full force and effect, and shall not be repealed by the adoption of this code. But at such time as all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits as, or, in the case of surviving spouses, on account of, supernumerary probate judges as of October 1, 1976, are deceased, all such laws shall thereupon be repealed.
(Acts 1977, No. 20, p. 28.)
(a) There is hereby established, effective December 27, 1977, for each municipal corporation, hereinafter referred to in this chapter as “municipality,” within the state, except those which elect not to have such courts by ordinance adopted before December 27, 1977, a municipal court subject to the authority, conditions and limitations provided by law.
(b) The municipal court shall have jurisdiction of all prosecutions for the breach of the ordinances of the municipality within its police jurisdiction.
(c) The municipal court shall have concurrent jurisdiction with the district court of all acts constituting violations of state law committed within the police jurisdiction of the municipality which may be prosecuted as breaches of municipal ordinances.
(Acts 1975, No. 1205, p. 2384, §8-101.)
(a) The municipality shall provide appropriate facilities and necessary supportive personnel for the municipal court and may provide for probation services, clerks and municipal employees designated as magistrates.
(b) Municipalities shall furnish prosecutorial services in municipal courts and in appeals from such judgments and orders.
(Acts 1975, No. 1205, p. 2384, §§4-131, 8-102.)
The municipal court shall have the number of judges and shall hold court at times and places provided by the municipal governing body.
(Acts 1975, No. 1205, p. 2384, §8-101.)
The sheriffs of the counties and law enforcement officers of the municipalities of the State of Alabama shall obey the municipal judge having legal authority in faithfully executing the warrants and processes committed to them for service according to their mandates.
(Acts 1975, No. 1205, p. 2384, §8-109.)
Municipal judges shall admit to bail any person charged with violation of any municipal ordinance by requiring an appearance bond, with good security, to be approved by the respective municipal judges or their designees, in an amount not to exceed $1,000.00, and may, in their discretion, admit to bail such person on a personal recognizance bond, such bonds to be conditioned on the appearance of such person before the judge on a day named therein to answer the charges preferred against him. The municipal judge may waive an appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to make bond.
(Acts 1975, No. 1205, p. 2384, §8-104; Acts 1989, No. 89-809, p. 1615, §1.)
All cases in municipal courts shall be tried by a judge without a jury.
(Acts 1975, No. 1205, p. 2384, §8-101.)
A municipal court shall take judicial notice of the ordinances of the municipality in which it sits.
(Acts 1975, No. 1205, p. 2384, §8-116.)
All municipalities shall utilize the uniform traffic infractions procedure as provided by law or rule.
(Acts 1975, No. 1205, p. 2384, §8-118.)
A municipality which retains its court shall provide indigent defense services as otherwise provided by law.
(Acts 1975, No. 1205, p. 2384, §8-114.)
Municipal courts shall have the authority to continue the case from time to time to permit the fine and costs to be paid, remit fines, costs and fees, impose intermittent sentences, establish work release programs, require attendance of educational, corrective or rehabilitative programs, suspend driving privileges for such times and under such conditions as provided by law and order hearings to determine the competency of the defendant to stand trial; provided further, that the court may enter an order authorizing the defendant to drive under the conditions set forth in the order.
(Acts 1975, No. 1205, p. 2384, §8-104.)
Upon conviction, the court may, upon a showing of inability to make immediate payment of fines and costs, accept defendant’s bond with or without surety and with waiver of exemptions as to personalty, such fines and costs to be payable within 90 days and, upon nonpayment of which execution may issue upon the bond as upon judgments in state courts.
(Acts 1975, No. 1205, p. 2384, §8-104.)
The judgment of the municipal court may provide that if a fine and costs are not paid within the time prescribed, the defendant shall workout the amount of the judgment under the direction of the municipal authority, allowing not less than $10.00 for each day’s service.
(Acts 1975, No. 1205, p. 2384, §8-104.)
(a) Municipal courts may suspend execution of sentence and place a defendant on probation for varying periods of time, not to exceed two years.
(b) The court may require such investigations as may be deemed necessary and desirable to be made by a probation officer or such other suitable person or persons as the court may designate as to the circumstances of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing bond or may require such additional bail as it deems necessary pending the disposition of the application for probation.
(d) The court shall determine and may, at any time, modify the conditions of probation and may require the probationer to comply with the following or any other conditions:
(1) To avoid injurious or vicious habits;
(2) To avoid persons or places of disreputable or harmful character;
(3) To report to the probation officer or other person designated by the judge;
(4) To permit the officer to visit him at his home or elsewhere;
(5) To work faithfully at suitable employment as far as possible;
(6) To remain within a specified area;
(7) To pay the fine and costs imposed or such portions thereof as the judge may determine and in such installments as the judge may direct;
(8) To make reparation or restitution to any aggrieved party for the damage or loss caused by his offense in an amount to be determined by the court; and
(9) To attend defensive driving schools, alcohol countermeasure programs or courses where available and support his dependents to the best of his ability.
(e) The probation or other officer designated by the court shall investigate all cases when directed to do so by the court and report in writing thereon if the court so directs. The officer, if so designated, shall furnish to each probationer released on probation under his supervision a written statement of the conditions of probation and shall instruct the probationer regarding the same. Such officer shall keep informed concerning the conduct and conditions of each person on probation under his supervision by visiting the probationer and requiring reports from the probationer or others and shall report thereon in writing as often as the court may require. Such officer shall use all practicable and suitable methods, not inconsistent with the conditions imposed by the court, to aid and encourage persons on probation and to bring about improvement in their conduct and condition. Such officer shall keep detailed records of his work and shall make such reports in writing as the court may require. The officer so designated shall have, in the execution of his duties, the power to arrest probationers and the same right to execute process as is given by law to peace officers.
(f) All reports, records and data assembled by any probation officer and referred to the court shall be privileged and shall not be available for public inspection except upon order of the court to which the same was referred. All probation reports completed and filed shall be subject to inspection by the defendant or his attorney.
(g) The period of probation or suspension of execution of sentence shall be determined by the court and may exceed the length of the sentence, and such period may be extended a period of two years from date of sentencing.
(h) Upon the satisfactory fulfillment of the conditions of probation or suspension of sentence, the court shall, by order duly entered on the minutes, discharge the defendant.
(i) At any time during the period of probation or suspension of execution of sentence, the court may issue a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence. Any probation officer with probable cause to believe a probationer has violated the conditions of probation may arrest such probationer without a warrant. In case of an arrest without a warrant, the probation officer shall prepare a written statement setting forth that the probationer has, in his judgment, violated the conditions of probation, and said statement shall be sufficient warrant for having probationers brought forthwith before the court for determination as to probable cause for the charge of probation violation. The court may order detention of the probationer pending further hearing, after which the court may revoke the probation or suspension of sentence and order and adjudge that the sentence be immediately executed.
(Acts 1975, No. 1205, p. 2384, §8-104.)
In addition to any costs and charges fixed by law upon conviction for violations of municipal ordinances in municipalities having a municipal court, $12.00 shall be assessed and collected as other costs and charges are collected. Five dollars of such sum shall be remitted to the State General Fund; $5.00 shall be remitted to the general fund of the municipality maintaining the municipal court; and $2.00 shall be remitted to the Alabama Peace Officers’ Annuity and Benefit Fund established pursuant to Section 36-21-66. In addition, the governing body of each municipality having a municipal court may by ordinance provide for the imposition of other costs in the maximum amount of $10.00, which sum shall be in addition to any other costs and charges fixed by law for conviction of any municipal ordinance violation.
In addition in all violations of municipal ordinances involving traffic offenses, there shall be assessed and collected as other costs and charges $8.50, to be disbursed to the State Drivers’ Fund for further distribution pursuant to Section 32-5-313.
(Acts 1975, No. 1205, p. 2384, §8-107; Acts 1987, No. 87-405, p. 575, §14; Acts 1991, 1st Ex. Sess., No. 91-824, p. 224, §4.)
The mayor may remit fines and such costs as are payable to the municipality and commute sentences imposed by a municipal court or the court to which an appeal was taken for violations of municipal ordinances and may grant pardons, after conviction, for violation of such ordinances, and he shall report his action to the council or other governing body at the first regular meeting thereof in the succeeding month with his reasons therefor in writing.
(Acts 1975, No. 1205, p. 2384, §8-104.)
Municipalities shall report on the proceedings of their municipal courts as required by law or rule.
(Acts 1975, No. 1205, p. 2384, §8-115.)
(a) The governing body of any municipality having a municipal court may at any time by ordinance abolish its municipal court and the jurisdiction of the court so abolished shall be transferred to the district court of the district in which the municipality is located under the conditions and effective dates provided in this section. A certified copy of the ordinance abolishing the municipal court shall be transmitted by certified mail to the clerk of the district court for the district in which the municipality is located, the presiding judge of the circuit court for the judicial circuit in which the municipality is located, the clerk of the circuit court, the Clerk of the Supreme Court, the Secretary of State and the Administrative Director of the Courts.
(b) All pending cases and process in those cases which are to be acted upon by the district court after the effective date of the municipal ordinance abolishing the municipal court as provided in this section shall be delivered by the clerk of the municipal court to the clerk of the district court at least 10 days prior to such effective date, but the records of completed cases and inactive process shall be retained by the clerk of the municipality for a period of 10 years.
(c) An ordinance abolishing the municipal court shall be effective as follows:
(1) In municipalities with a population of 5,000 or less, the transfer of pending cases to the district court shall occur 90 days subsequent to the date of adoption of the ordinance abolishing the municipal court.
(2) In municipalities with a population of 5,001 and up to 50,000, the transfer of pending cases to the district court shall occur 12 months subsequent to the date of adoption of the ordinance abolishing the municipal court.
(3) In municipalities of a population of 50,000 or more, the transfer of pending cases to the district court where the municipality is located shall occur two years subsequent to the date of adoption of the ordinance abolishing the municipal court.
(d) On the effective date of transfer of pending cases as provided in this section, all proceedings relating to ordinance violations shall be within the jurisdiction of the district court. Judgments of courts which cease to exist on the effective date of transfer shall continue in effect and the district court is empowered to enforce such judgments. Fines, forfeitures and costs due and unpaid on the effective date of transfer and those which will subsequently be collected on cases pending on the effective date of transfer shall be collected by the district court and remitted to the municipality.
(e) On the effective date of transfer of municipal cases to the district court, the authority, duties, powers, jurisdiction and term of the municipal judge or judges shall terminate.
(f) In the event a municipality ceases to have a municipal court, the judges of such courts entitled to receive commissions as district judges pursuant to the Constitution may be commissioned district judges as provided by the Constitution.
(Acts 1975, No. 1205, p. 2384, §8-112.)
When a municipal court is abolished as provided by law, the court costs, fines and forfeitures collected by the court clerk as a result of enforcement of ordinances of the municipality shall be remitted as follows: Ninety percent of the fines and forfeitures and 10 percent of the costs, exclusive of earmarked funds, shall be paid to the treasurer of the municipality or to the officer corresponding to the treasurer thereof within 30 days after receipt by the clerk of the circuit and/or district court.
(Acts 1975, No. 1205, p. 2384, §8-117.)
(a) Any municipality which shall have abolished its municipal court may thereafter by ordinance reestablish such court in the manner provided in this section.
(b) A copy of the proposed ordinance shall be sent by certified mail to the officers specified in Section 12-14-17 to receive notice of the abolition of municipal courts, together with notice stating the time and place of the meeting at which such ordinance shall be considered for adoption, which shall be not less than 15 days from the date of mailing such notice.
(c) Such ordinance upon its adoption shall specify the effective date of the reestablishment of the municipal court, which in no event shall be sooner than the following stipulated minimums:
(1) In municipalities with a population of 5,000 or less, the ordinance shall not have an effective date of less than 90 days subsequent to the date of adoption;
(2) In municipalities with a population of 5,001 and up to 50,000, the ordinance shall not have an effective date of less than 12 months subsequent to the date of adoption; and
(3) In municipalities with a population of 50,000 or more, the ordinance shall not have an effective date of less than five years subsequent to the date of adoption.
(d) A certified copy of the ordinance reestablishing a municipal court as adopted shall be transmitted forthwith by certified mail to the officers specified in Section 12-14-17 to receive notice of the abolition of municipal courts.
(e) All cases and processes pending upon the effective date of the reestablishment of the municipal court shall be delivered by the clerk of the district court to the clerk of the municipal court. Records of completed cases and inactive process shall be retained in the office of the clerk of the district court.
(f) On the effective date of transfer of pending cases as provided in this section, all proceedings relating to ordinance violations of the municipality reestablishing its municipal court shall be within the jurisdiction of the reestablished municipal court.
(Acts 1975, No. 1205, p. 2384, §8-113.)
(a) The governing body of the municipality shall, by vote of a majority of its members, appoint judges of the municipal court.
(b) The term of office of each full-time municipal judge shall be for a term of four years. The term of office of a municipal judge other than a full-time municipal judge shall be two years. The term of either full-time or part-time municipal judges shall continue until a successor has been appointed and qualified.
(c) In the event that a municipality has more than one judge, the mayor shall designate a presiding judge, who shall have such additional duties and powers and be entitled to receive such additional compensation as provided by ordinance.
(d) Each judge must be licensed to practice law in this state and must be a qualified elector of the state. No judge shall be otherwise employed in any capacity by the municipality during his term of office.
(e) The office of a municipal judge shall be vacant if he dies, resigns or is removed, and vacancies shall be filled by the municipal governing body in the same manner as original appointments are made.
(f) Each municipal judge shall, before assuming office, take and sign the oath provided by the Constitution, and a copy thereof shall be filed in the Office of the Secretary of State, the Administrative Director of Courts and the clerk of the municipality; provided, that failure to file as required by this subsection shall not render invalid any act, order or judgment of said judge.
(g) Municipal judges shall be subject to all grounds of disqualification from hearing specific cases as are applicable to circuit judges.
(h) No full-time municipal judge shall, during his continuance in office, engage in the practice of law or receive any remuneration for his judicial service, except the salary and allowances authorized by the municipality.
(Acts 1975, No. 1205, p. 2384, §8-102.)
(a) A municipal judge may administer oaths, compel the attendance of witnesses and compel the production of books and papers, punish by fine not exceeding $50.00 and/or imprisonment not exceeding five days any person found and adjudged to be in contempt of court and shall have power coextensive with the jurisdiction of the district court to issue writs and other process and to approve and declare bonds forfeited. In contempt of court cases brought pursuant to Section 12-19-311(c) and (d), a municipal judge may punish by a fine not exceeding five hundred dollars ($500).
(b) The municipal judge or, when there is more than one judge in the municipality, the presiding judge shall designate any other municipal officers who shall be authorized to approve appearance and appeal bonds.
(Acts 1975, No. 1205, p. 2384, §8-108; Act 2013-193, p. 360, §1.)
Municipal judges are authorized to issue arrest and search warrants for municipal ordinance violations returnable to the municipal court and for violations of state law returnable to any state court.
(Acts 1975, No. 1205, p. 2384, §8-110.)
(a) The salary of the municipal judges shall be fixed from time to time by the municipal governing body and paid by the municipality, but no judge’s salary shall be diminished during his term of office.
(b) A general increase in the compensation of all or substantially all city employees shall be applied proportionately to the salaries of such judges.
(c) The municipality may provide for the retirement of municipal judges, with such conditions, retirement benefits and pensions for them and their dependents as it may prescribe.
(Acts 1975, No. 1205, p. 2384, §8-103.)
In the event of the absence from the municipality, death, disability or disqualification of a municipal judge for any reason, the mayor of the municipality shall have the authority to designate a person, licensed to practice law in the state and a qualified elector of the state, not otherwise employed in any capacity by the municipality, to serve as acting municipal judge with all power and authority of a duly appointed municipal judge. No such acting judge may serve for more than 30 successive days or a total of 60 days in any calendar year; provided, that when the duly appointed municipal judge is disqualified pursuant to the Constitution, the time of service limitations for acting judges shall not apply during such disqualification.
(Acts 1975, No. 1205, p. 2384, §8-111.)
The municipal court may have under its supervision a municipal court administrative agency empowered to provide expeditious service in connection with administrative adjudication of ordinance violations, the handling of uniform traffic tickets and complaints, the issuance of arrest warrants and other powers provided by law.
The personnel designated by the judge or judges of the municipal court for the accounting of uniform traffic tickets or complaints and magistrates shall be considered as officials of such administrative agency.
Such officials shall be vested with judicial power reasonably incident to the accomplishment of the purposes and responsibilities of the administrative agency.
(Acts 1975, No. 1205, p. 2384, §8-110.)
(a) The magistrates shall be considered the chief officers of the municipal court administrative agency.
(b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates by class or position and, in addition thereto, provide for the appointment of other magistrates by the Administrative Director of Courts, upon recommendation by municipal judges.
(c) The powers of a magistrate shall be limited to the following:
(1) Issuance of arrest warrants.
(2) Granting of bail in minor misdemeanor prosecutions in accordance with the discretionary bail schedule and approving property, cash, and professional surety bonds upon a municipal judge’s approval.
(3) Receiving of pleas of guilty in minor misdemeanors where a schedule of fines has been prescribed by rule.
(4) Accountability to the municipal court for all uniform traffic tickets and complaints issued, including all electronic traffic tickets or e-tickets, as defined in Section 32-1-4, in instances in which the court has, in its discretion, determined to use e-tickets, and for all moneys received and records of offenses.
(5) Accepting and screening affidavits of substantial hardship upon a municipal judge’s approval and, if authorized by court order, assigning attorneys on a rotating basis from a list approved by the court.
(6) Conducting arraignments and setting nonguilty pleas for trial, upon a municipal judge’s approval.
(7) Opening court and calling the docket, upon a municipal judge’s approval.
(8) Granting continuances in municipal ordinance violation cases, upon a municipal judge’s approval.
(9) Dismissing no driver’s license violations pursuant to Section 32-6-9 where the defendant shows proof of a driver’s license at the time the citation was written.
(10) Dismissing mandatory liability insurance violations pursuant to Section 32-7A-20 where the defendant has produced satisfactory evidence that at the time of the citation the motor vehicle was covered by a liability insurance policy in accordance with Section 32-7A-4.
(11) Dismissing equipment violations where a municipal ordinance allows and where the law enforcement officer signs the uniform traffic ticket and complaint verifying that the equipment has been replaced.
(12) Using emails or text messages to notify a defendant of any legal process required by the court in addition to any other form of communication as provided for by law, at the discretion of the municipal court clerk and the magistrate upon request and consent by the defendant, using contact information provided by the defendant.
(13) Any other authority as may be granted by law.
(d) In the performance of any official duty provided for by this section, a municipal magistrate shall have absolute judicial immunity from any liability arising from the execution of the duties provided for by this section.
(Acts 1975, No. 1205, p. 2384, §8-110; Act 2006-412, p. 1024, §1; Act 2006-579, p. 1522, §1; Act 2018-365, §1.)
The Supreme Court shall provide rules of administration for such administrative agency, including the bonding of all officials who will be handling money.
(Acts 1975, No. 1205, p. 2384, §8-110.)
In those instances in which a municipal court clerk or municipal court magistrate of any municipality is employed by another municipality within 24 months after completing the certification requirements pursuant to Rule 18 I.(B)(3) of the Alabama Rules of Judicial Administration, the total expense paid by the municipal court clerk’s employer or the municipal court magistrate’s employer to enable the municipal court clerk or municipal court magistrate to become certified, including, but not limited to, salary paid during training, transportation costs paid to the trainee for travel to and from the training facility, room, board, tuition, overtime paid to other employees who fill in for the trainee during his or her absence, and any other related training expenses, shall be reimbursed to the municipality which paid for the training. The municipality which paid for the training shall submit an itemized sworn statement to the new employer of the municipal court clerk or municipal court magistrate, as the case may be, shall demand payment thereof, and may enforce collection of the obligation through civil remedies and procedures. The terms “municipal court clerk” and “municipal court magistrate” refer to those persons appointed pursuant to Rule 18 I.(B)(1) of the Alabama Rules of Judicial Administration.
(Acts 1996, No. 96-626, p. 997, §4; Act 2002-424, p. 1090, §1.)
(a) Each municipal court clerk, within six months after taking office, shall enroll in a municipal court magistrates’ certification program approved by the Administrative Director of Courts. Each municipal court magistrate who is not a municipal court clerk shall enroll in the certification program not later than six months from the date of his or her appointment. Each municipal court magistrate and municipal court clerk shall complete the program in the manner and within the time prescribed by the director and the Administrative Office of Courts. The director shall appoint a Municipal Magistrates’ Certification Program Oversight Committee which shall make educational recommendations to the director for his or her approval. The director shall determine the appropriate administrative sanctions for noncompliance with this section.
(b) After completing the certification program, each municipal court clerk and municipal court magistrate shall meet annual educational requirements prescribed by the Administrative Director of Courts and the Administrative Office of Courts. The director shall determine the appropriate administrative sanctions for noncompliance with this section.
(Act 2009-710, p. 2092, §1.)
(a) All appeals from judgments of municipal courts shall be to the circuit court of the circuit in which the violation occurred for trial de novo.
(b) The municipality may appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance invalid.
(c) A defendant may appeal in any case within 14 days from the entry of judgment by filing notice of appeal and giving bond, with or without surety, approved by the court or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by the court, or in the event no fine is levied the bond shall be in an amount not to exceed $1,000.00, as fixed by the court, conditioned upon the defendant’s appearance before the circuit court. The municipal court may waive appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to provide a surety bond. If an appeal bond is waived, a defendant sentenced to imprisonment shall not be released from custody, but may obtain release at any time by filing a bond approved by the municipal court. If defendant is not released, the prosecutor shall notify the circuit clerk, and the case shall be set for trial at the earliest practicable time.
(d) When an appeal has been taken, the municipality shall file the notice and other documents in the court to which the appeal is taken within 15 days, failing which the municipality shall be deemed to have abandoned the prosecution, the defendant shall stand discharged and the bond shall be automatically terminated.
(e) Upon trial or plea of guilty in the circuit court on appeal, the court may impose any penalty or sentence which the municipal court could have imposed.
(f) Upon failure of an appellant to appear in the circuit court when the case is called for trial, unless good cause for such default is shown, the court shall dismiss the appeal and upon the expiration of 30 days from such date, unless the dismissal is set aside, the circuit clerk shall return the file, with a copy of the order of dismissal, to the clerk of the court from which the appeal was taken and the judge of such court may enter judgment of default on the appeal bond by utilizing the procedures set forth in Section 15-13-81. The circuit court may, on motion of the defendant made within 30 days of the order of dismissal, set aside the dismissal and other orders and reinstate the appeal on such terms as the court may prescribe, for good cause shown by defendant.
(g) Upon receipt of notice of dismissal of an appeal, the municipal court may issue a warrant for arrest of the defendant, who may also be arrested without a warrant as an escapee. Upon arrest, the defendant shall be delivered to the municipal authorities and punished in accordance with the judgment of the municipal court.
(h) If a judgment is entered against a defendant on appeal, the circuit court shall remand the defendant to the municipal authorities for punishment in accordance with the judgment of the circuit court, unless, when the judgment is for fine and costs only, the judgment is paid or a judgment is conferred therefor in favor of the municipality with sureties or as otherwise provided for convictions under state law.
(i) Upon receipt of payment of fines, forfeitures and costs upon appeals, the clerk of the circuit court shall within 30 days pay 90 percent of such fines and forfeitures and 10 percent of the costs to the treasurer of the municipality. The circuit clerk shall be liable on his bond for such fines and costs plus a penalty of five percent per month for default in such payments.
(Acts 1975, No. 1205, p. 2384, §8-105; Acts 1979, No. 79-440, p. 708; Acts 1989, No. 89-809, p. 1615, §2.)
From the judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or the defendant in any case, may appeal to the court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the municipality, it shall not be required to give surety for the cost of appeal. When taken by the defendant, he may give bail with sufficient sureties, conditioned that he will appear and abide by the judgment of the appellate court; and, failing to give bail, he must be committed to the municipal jail, but he may give such bail at any time pending the appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the municipal authorities within 15 days from the date of such affirmance or dismissal; and, if he shall fail to do so, the clerk of the circuit court from which the appeal is taken, upon motion of the municipality, must endorse the bail bond forfeited, and a writ or writs of arrest must be issued by the clerk to the sheriff. Upon arrest the defendant shall be delivered to the municipal authorities, and the sentence must without delay be carried out as if no appeal had been taken. If bail is forfeited as provided in this section, a conditional judgment must be entered by the court in favor of the municipality and the same proceedings had thereon for the municipality as is authorized by law to be had in the name of the state in state cases.
(Acts 1975, No. 1205, p. 2384, §8-106.)
(a) The governing body of any municipality may establish or abolish a pretrial diversion program for that municipality and may provide for the assessment and collection of fees for the administration of such program.
(b) Any pretrial diversion program established pursuant to this article shall be under the supervision of the presiding judge for the municipality pursuant to any rules and regulations established by the municipal governing body. The presiding judge, with approval of the municipal governing body and the municipal prosecutor, may contract with any agency, person, or business entity for any service necessary to accomplish the purpose of this article.
(c) The presiding municipal judge, acting in consultation with the municipal prosecutor, shall have the authority to establish all rules and terms necessary for the implementation of a pretrial diversion program.
(Act 2013-353, p. 1265, §1.)
(a) A person charged with a criminal offense under the jurisdiction of the municipal court in a municipality that has established a pretrial diversion program may apply to the court for admittance to the program.
(b) Upon receipt of the application and recommendation of the municipal prosecutor, the judge shall determine whether to grant the individual admittance to the program.
(c) Upon admittance to the program, the individual shall be required to enter a plea of guilty at which time the case shall be placed in an administrative docket until such time as the offender has completed all requirements of the pretrial diversion program. Imposition of any sentence shall be deferred until such time as the offender completes the pretrial diversion program or is terminated from the program.
(d) In the event the offender does not satisfactorily complete the program and all terms thereof, the court shall impose an appropriate sentence in the same manner as with any guilty plea.
(e) Upon successful completion of the program and all terms thereof, the court shall dismiss the case pursuant to the rules established by the municipality.
(f) A holder of a commercial driver’s license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a pretrial diversion program pursuant to this article.
(g) Absent wantonness, gross negligence, or intentional misconduct, the municipality, or its officers or employees, shall have no liability, criminal or civil, for the conduct of any offender while participating in a pretrial diversion program established under this article or of any service provider or its agents that are contracted to or who have agreed to provide services to the pretrial diversion program.
(h) The municipality, or its officers or employees, shall have no liability, criminal or civil, for any injury or harm to the offender while the offender is a participant in any pretrial diversion program administered pursuant to this article The municipal prosecutor may require written agreed upon waivers of liability as a prerequisite for admittance into the pretrial diversion program.
(Act 2013-353, p. 1265, §2.)
If, on May 24, 2013, a municipal pretrial diversion program, or an equivalent, has been established by local law, the municipal governing body of the municipality governed by such local law may choose to come under the provisions of this article or continue under the provisions of the local law.
(Act 2013-353, p. 1265, §3.)
This article shall apply to municipalities with a municipal court established pursuant to this chapter.
(Act 2022-425, §1.)
(a) The Administrative Office of Courts shall annually collect the following data from each municipal court:
(1) The total court cases for the fiscal year, established by the court management system.
(2) The total amount of municipal revenue collected by the municipal court and the amount dispersed to each receiving entity.
(3) The total expenditures by the municipal court, including annual salaries for the judge or judges, court clerk, and magistrate or magistrates.
(4) The total annual operating budget for the municipal court.
(5) The total annual operating budget for the municipality.
(b) Not later than December 1 of each year, the municipal court clerk shall provide and certify the data required by this section to the Administrative Office of Courts.
(c) The Administrative Office of Courts, not later than six months after the end of each fiscal year, shall submit to the Legislature, the Attorney General, and the Governor, a written report summarizing the data and an aggregation of the monthly reports required by Section 12-1-19, collected from municipal courts. The report, as well as the individual municipal data and a list of any municipal court that failed to respond within 60 days of the due date, shall be made available on the Administrative Office of Court’s website.
(Act 2022-425, §2.)
(a) By January 1, 2023, the Department of Finance shall create an electronic version of the monthly report form pursuant to Section 12-1-19.
(b) Commencing January 1, 2023, any clerk responsible for preparing the monthly report shall file the report electronically.
(c) Commencing January 1, 2023, the Department of Finance shall publish all reports pursuant to Section 12-1-19 on its website.
(Act 2022-425, §3.)
(a) Any municipal court that fails to submit the data required in this article within 60 days of the due date shall forfeit any fees and costs collected by the court that would otherwise remain with the municipal court or municipality until the data is submitted. Any forfeited fees and costs shall be transferred to the state Comptroller for distribution to the Administrative Office of Courts.
(b) Any municipal court that fails to submit the data required by this article within 60 days of the due date, at the request of the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Attorney General, or the Governor, shall be subject to a financial audit under generally accepted government auditing standards of municipal records related to revenue collected through fines and fees. The audit shall be performed by the Department of Examiners of Public Accounts or by an independent certified public accountant selected by the municipality.
(c) The chief examiner or the independent certified public accountant may recover any costs incurred for the audit by charging a reasonable fee to the municipality.
(d) The municipality may use revenue from fines and fees to pay the costs of compiling and reporting data under this section.
(Act 2022-425, §4.)
(a) By January 1, 2025, all municipal courts shall use one of the following:
(1) The state judicial information system approved for the Unified Judicial System by the Administrative Office of Courts.
(2) A court information system in which the court software provider is properly integrated with the state judicial information system for reporting purposes. The court information system shall conform to adequate technical parameters for reporting case management and financial information data to the Administrative Office of Courts. Data shall be accepted by the Administrative Office of Courts at no cost to a municipality.
(b) Any costs associated with the use of the state judicial information system approved for the Unified Judicial System by the Administrative Office of Courts may be paid from correction fund monies authorized in Section 11-47-7.1.
(c) The Administrative Office of Courts shall provide training and resources to municipal courts, including municipal judges, court clerks, and magistrates, on the use of the state judicial information system approved for the Unified Judicial System.
(Act 2022-425, §5.)
(a) This chapter shall be known as the Alabama Juvenile Justice Act. The purpose of this chapter is to facilitate the care, protection, and discipline of children who come under the jurisdiction of the juvenile court, while acknowledging the responsibility of the juvenile court to preserve the public peace and security.
(b) In furtherance of this purpose, the following goals have been established for the juvenile court:
(1) To preserve and strengthen the family of the child whenever possible, including improvement of the home environment of the child.
(2) To remove the child from the custody of his or her parent or parents only when it is judicially determined to be in his or her best interests or for the safety and protection of the public.
(3) To reunite a child with his or her parent or parents as quickly and as safely as possible when the child has been removed from the custody of his or her parent or parents unless reunification is judicially determined not to be in the best interests of the child.
(4) To secure for any child removed from parental custody the necessary treatment, care, guidance, and discipline to assist him or her in becoming a responsible, productive member of society.
(5) To promote a continuum of services for children and their families from prevention to aftercare, considering wherever possible, prevention, diversion, and early intervention.
(6) To promote the use of community-based alternatives as deterrents to acts of juvenile delinquency and as least restrictive dispositional alternatives.
(7) To hold a child found to be delinquent accountable for his or her actions to the extent of the age, education, mental and physical condition, and background of the child, and all other relevant factors and to provide a program of supervision, care, and rehabilitation, including restitution by the child to the victim of his or her delinquent acts.
(8) To achieve the foregoing goals in the least restrictive setting necessary, with a preference at all times for the preservation of the family and the integration of parental accountability and participation in treatment and counseling programs.
(c) Judicial procedures through which these goals are accomplished will assure the parties a fair hearing where their constitutional and other statutory rights are recognized and enforced.
(d) This chapter shall be liberally construed to the end that each child coming under the jurisdiction of the juvenile court shall receive the care, guidance, and control, preferably in his or her own home, necessary for the welfare of the child and the best interests of the state.
(Acts 1990, No. 90-674, p. 1304, §1; Acts 1997, No. 97-621, p. 1087, §1; §12-15-1.1; amended and renumbered by Act 2008-277, p. 441, §1.)
When used in this chapter, the following words and phrases have the following meanings:
(1) ADULT. An individual 19 years of age or older.
(2) AFTERCARE. Conditions and supervision as the juvenile court orders after release from the Department of Youth Services.
(3) CHILD. An individual under the age of 18 years, or under 21 years of age and before the juvenile court for a delinquency matter arising before that individual’s 18th birthday, or under 19 years of age and before the juvenile court for a child in need of supervision matter or commitment to the State Department of Mental Health or under 19 years of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2). Where a delinquency petition alleges that an individual, prior to the individual’s 18th birthday, has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5, the term child also shall include the individual subject to the petition, regardless of the age of the individual at the time of filing.
(4) CHILD IN NEED OF SUPERVISION. A child who has been adjudicated by a juvenile court for doing any of the following and who is in need of care, rehabilitation, or supervision:
a. Being subject to the requirement of compulsory school attendance, is habitually truant from school as defined by the State Board of Education in the Alabama Administrative Code. Notwithstanding the foregoing, a child shall not be found in need of supervision pursuant to this subdivision if the juvenile court determines that the parent, legal guardian, or legal custodian of the child was solely responsible for the nonattendance of the child.
b. Disobeys the reasonable and lawful demands of his or her parent, legal guardian, or legal custodian and is beyond the control of the parent, legal guardian, or legal custodian.
c. Leaves, or remains away from, the home without the permission of the parent, legal guardian, legal custodian, or person with whom he or she resides.
d. Commits an offense established by law but not classified as criminal.
(5) CHILD’S ATTORNEY. A licensed attorney who provides legal services for a child, or for a minor in a mental commitment proceeding, and who owes the same duties of undivided loyalty, confidentiality, and competent representation to the child or minor as is due an adult client.
(6) DELINQUENT ACT. An act committed by a child that is designated a violation, misdemeanor, or felony offense pursuant to the law of the municipality, county, or state in which the act was committed or pursuant to federal law. This term shall not apply to any of the following:
a. An offense when committed by a child 16 or 17 years of age as follows:
A nonfelony traffic offense or water safety offense other than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting the same conduct.
A capital offense.
A Class A felony.
A felony which has as an element the use of a deadly weapon.
A felony which has as an element the causing of death or serious physical injury.
A felony which has as an element the use of a dangerous instrument against any person who is one of the following:
(i) A law enforcement officer or official.
(ii) A correctional officer or official.
(iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official.
(v) A district attorney or other prosecuting officer or official.
(vi) A judge or judicial official.
(vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.
(ix) A teacher, principal, or employee of the public education system of Alabama.
Trafficking in drugs in violation of Section 13A-12-231, or as the same may be amended.
Any lesser included offense of the offenses in subparagraphs 1 to 7, inclusive, charged or any lesser felony offense charged arising from the same facts and circumstances and committed at the same time as the offenses listed in subparagraphs 1 to 7, inclusive.
b. Any criminal act, offense, or violation committed by a child under the age of 18 years who has been previously convicted or adjudicated a youthful offender.
(7) DELINQUENT CHILD. A child who has been adjudicated for a delinquent act and is in need of care or rehabilitation.
(8) DEPENDENT CHILD. a. A child who has been adjudicated dependent by a juvenile court and is in need of care or supervision and meets any of the following circumstances:
Whose parent, legal guardian, legal custodian, or other custodian subjects the child or any other child in the household to abuse, as defined in Section 12-15-301 or neglect as defined in Section 12-15-301, or allows the child to be so subjected.
Who is without a parent, legal guardian, or legal custodian willing and able to provide for the care, support, or education of the child.
Whose parent, legal guardian, legal custodian, or other custodian neglects or refuses, when able to do so or when the service is offered without charge, to provide or allow medical, surgical, or other care necessary for the health or well-being of the child.
Whose parent, legal guardian, legal custodian, or other custodian fails, refuses, or neglects to send the child to school in accordance with the terms of the compulsory school attendance laws of this state.
Whose parent, legal guardian, legal custodian, or other custodian has abandoned the child, as defined in subdivision (1) of Section 12-15-301.
Whose parent, legal guardian, legal custodian, or other custodian is unable or unwilling to discharge his or her responsibilities to and for the child.
Who has been placed for care or adoption in violation of the law.
Who, for any other cause, is in need of the care and protection of the state.
b. The commission of one or more status offenses as defined in subdivision (4) of Section 12-15-201 is not a sufficient basis for an adjudication of dependency.
(9) DETENTION. The temporary placement of children alleged or adjudicated to be delinquent in secure custody as defined herein pending juvenile court disposition or transfer to a residential facility for further care of a child adjudicated delinquent.
(10) GUARDIAN AD LITEM. A licensed attorney appointed by a juvenile court to protect the best interests of an individual without being bound by the expressed wishes of that individual.
(11) INTAKE OFFICER. A juvenile probation officer or an employee of the judicial branch of government, who is neutral and detached from executive and legislative branch activities, designated by the juvenile court judge to initiate original delinquency, dependency, and child in need of supervision cases, as well as cases designated in Section 12-15-132, before the juvenile court. The juvenile court intake officer shall be appointed a magistrate pursuant to Rule 18, Alabama Rules of Judicial Administration, to issue warrants of arrest for individuals 18 years of age or older committing criminal offenses under the jurisdiction of the juvenile court.
(12) JUVENILE COURT. The juvenile or family court division of the circuit or district court having jurisdiction over matters as provided by this chapter.
(13) JUVENILE DETENTION FACILITY. Any facility owned or operated by the state, any county, or other legal entity licensed by and contracted with the Department of Youth Services for the detention of children.
(14) LAW ENFORCEMENT OFFICER. Any person, however denominated, who is authorized by law to exercise the police powers of the state, a county, or local governments.
(15) LEGAL CUSTODIAN. A parent, person, agency, or department to whom legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter has been awarded by order of the juvenile court or other court of competent jurisdiction.
(16) LEGAL CUSTODY. A legal status created by order of the juvenile court which vests in a legal custodian the right to have physical custody of a child under the jurisdiction of the juvenile court pursuant to this chapter and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, clothing, education, and medical care, all subject to the powers, rights, duties, and responsibilities of the legal guardian of the person of the child and subject to any residual parental rights and responsibilities. A parent, person, agency, or department granted legal custody shall exercise the rights and responsibilities personally, unless otherwise restricted by the juvenile court.
(17) LEGAL GUARDIAN. A person who has been appointed by a probate court pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act, Chapter 2A (commencing with Section 26-2A-1) of Title 26 to be a guardian of a person under 19 years of age who has not otherwise had the disabilities of minority removed. This term does not include a guardian ad litem as defined in this section.
(18) MINOR. An individual who is under the age of 19 years and who is not a child within the meaning of this chapter.
(19) PARENT. The legal mother or the legal father of a child under the jurisdiction of the juvenile court pursuant to this chapter.
(20) PICK-UP ORDER. In any case before the juvenile court, an order directing any law enforcement officer or other person authorized by this chapter to take a child into custody and to deliver the child to a place of detention, shelter, or other care designated by the juvenile court.
(21) PROBATION. The legal status created by order of the juvenile court following an adjudication of delinquency or in need of supervision whereby a child is permitted to remain in a community subject to supervision and return to the juvenile court for violation of probation at any time during the period of probation.
(22) RESIDENTIAL FACILITY. A dwelling, other than a detention or shelter care facility, providing living accommodations, care, treatment, and maintenance for children, including, but not limited to, institutions, foster family homes, group homes, half-way houses, and forestry camps operated, accredited, or licensed by a federal or state department or agency.
(23) RESIDUAL PARENTAL RIGHTS AND RESPONSIBILITIES. Those rights and responsibilities remaining with a parent after a transfer of legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter, including, but not necessarily limited to, the right of visitation, the right to withhold consent to adoption, the right to determine religious affiliation, and the responsibility for support, unless determined by order of the juvenile court not to be in the best interests of the child.
(24) SECURE CUSTODY. As used with regard to juvenile detention facilities and the Department of Youth Services, this term means residential facilities with construction features designed to physically restrict the movements and activities of persons in custody such as locked rooms and buildings, including rooms and buildings that contain alarm devices that prevent departure; fences; or other physical structures. This term does not include facilities where physical restriction of movement or activity is provided solely through facility staff.
(25) SHELTER CARE. The temporary care of children in group homes, foster care, relative placement, or other nonpenal facilities.
(Acts 1975, No. 1205, p. 2384, §5-101; Acts 1988, No. 88-226, p. 353, §1; Acts 1990, No. 90-674, p. 1304, §1; Acts 1996, No. 96-726, p. 1214, §1; Acts 1997, No. 97-621, p. 1087, §1; Act 98-392, p. 782, §2; §12-15-1; amended and renumbered by Act 2008-277, p. 441, §1; Act 2019-447, §1.)
(a) A circuit or district court judge may be designated as a juvenile court judge.
(b) The juvenile court shall maintain a separate docketing and case filing system.
(c) The Supreme Court of Alabama shall promulgate rules governing procedure in the juvenile court.
(d) The juvenile court shall issue all writs and processes necessary to the exercise of its jurisdiction and to fulfill the purposes of this chapter.
(e) The judge of the juvenile court shall issue warrants of arrest, pick-up orders, and writs of habeas corpus to have individuals brought before the juvenile court pursuant to this chapter.
(f) The juvenile court shall have and exercise equity power.
(Acts 1975, No. 1205, p. 2384, §5-102; §12-15-2; amended and renumbered by Act 2008-277, p. 441, §1.)
(a) The presiding juvenile court judge may appoint not less than five nor more than 25 citizens of the county, known for their interest in the welfare of children, who shall serve without compensation, to constitute and be the advisory board of the juvenile court in matters relating to the welfare of children. The membership of the advisory board shall be inclusive and reflect the racial, gender, geographic, urban or rural, and economic diversity of the county. The advisory board shall organize by electing officers and by adopting bylaws, rules, and regulations for its government as it shall deem best for the purposes of this chapter. The board shall hold office at the pleasure of the juvenile court or of the judge thereof.
(b) The duties of the advisory board shall be as follows:
(1) To assist the juvenile court in securing the services of volunteer juvenile probation officers when the services of those officers shall be deemed necessary or desirable.
(2) To visit institutions which are charged with caring for children and, whenever practicable, other institutions to which the juvenile court from time to time may award legal custody.
(3) To advise and cooperate with the juvenile court upon all matters relating to the welfare of children.
(4) To recommend to the juvenile court any and all needful measures for the purpose of carrying out the provisions and intent of this chapter and to make themselves familiar with the work of the juvenile court pursuant to this chapter.
(5) To make, from time to time, a report to the public of the work of the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-106; §12-15-4; amended and renumbered by Act 2008-277, p. 441, §1.)
(a) The district attorney of the judicial circuit in which delinquency or child in need of supervision cases are filed may exercise his or her authority in all delinquency and child in need of supervision cases arising pursuant to this chapter.
(b) The juvenile court may call upon the district attorney to assist the juvenile court in any proceeding pursuant to this chapter. It shall be the duty of the district attorney to render this assistance when so requested.
(c) Notwithstanding Title 36, the district attorney shall represent the state in all delinquency and child in need of supervision cases appealed from the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-107; §12-15-5; amended and renumbered by Act 2008-277, p. 441, §1.)
(a) Appointment of Referees. 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 juvenile court judge and upon consideration of funding and the juvenile and child-support caseload in the circuit. Once the Administrative Director of Courts approves the request, the presiding judge of the juvenile court may appoint an attorney the judge believes to be qualified to fill the position, subject to the approval of the Administrative Director of Courts. The amount to be paid the referee and the manner of payment shall be determined by the Administrative Director of Courts.
(b) Cases Handled by Referees. The presiding judge of the juvenile court may direct that the referee handle various kinds of juvenile and child-support cases unless any of the following occurs:
(1) The referee has agreed to hear certain juvenile and child-support cases pursuant to an agreement or a contract.
(2) The hearing in a particular case is one to determine whether the case will be transferred for criminal prosecution.
(3) The hearing involves the termination of parental rights as defined in subdivision (10) of Section 12-15-301.
(4) A party objects to a hearing being held by a referee.
(c) Duties of Referees. Referees shall perform one or more of the following duties in juvenile and child-support cases:
(1) Take testimony in hearings.
(2) Evaluate evidence and make findings of fact and recommendations to determine paternity and to establish and enforce child-support orders.
(3) Accept voluntary acknowledgments of child-support liability or paternity and stipulated agreements setting the amount of child support to be paid.
(4) Prepare a default order upon a showing that process has been served on the defendant and that the defendant failed to respond to service in accordance with the Alabama Rules of Juvenile Procedure or the Alabama Rules of Civil Procedure.
(5) Order genetic tests in contested paternity cases without the necessity of obtaining an order from a judge.
(6) Enter orders relating to the administration of the docket of the juvenile court to which the referee is assigned without the necessity of obtaining a signature of a judge.
(7) All other duties as authorized by law or rule.
(d) Duty to Inform Parties of Right to Object to Referee. Before conducting a hearing in a juvenile or child-support case, the referee shall inform all of the parties that the referee is not a judge and that the hearing may be conducted before a judge if any party objects to the hearing being held by the referee.
(e) Written Findings and Recommendations of the Referee.
(1) After conducting a hearing in a juvenile or child-support case, if the referee has made a decision at the conclusion of the hearing, the referee shall immediately reduce his or her findings and recommendations to writing and then transmit those written findings and recommendations to the clerk of the juvenile court for filing and to a judge with authority over juvenile matters for his or her signature pursuant to subsection (g). If the parties are present at the hearing, copies of the written findings and recommendations shall be given to the parties in open court. The written findings and recommendations shall contain a notice that any party has a right to request a rehearing within 14 days of the date those findings and recommendations were filed in the office of the clerk of juvenile court.
(2) If the referee has not made a decision on the matter at the conclusion of the hearing or if the parties are not present in open court, the referee, within three business days of making his or her decision, shall transmit his or her written findings and recommendations to the clerk of the juvenile court for filing and to a judge with authority over juvenile matters for his or her signature pursuant to subsection (g). Once the clerk files the written findings and recommendations, the clerk shall send to the parties, by first class mail, copies of the findings and recommendations containing a notice informing them that they have the right to request a rehearing within 14 days of the date the findings and recommendations were filed in the office of the clerk of the juvenile court.
(3) Notice to a party represented by counsel shall be given to counsel rather than the party and the notice shall be sufficient as notice to the party unless the juvenile court orders otherwise.
(f) Rehearing Before the Juvenile Court. A rehearing before a judge with authority over juvenile court matters concerning the matter heard by the referee shall be scheduled if any party files a written request therefor within the time frames provided in subsection (e). Once a rehearing is scheduled, the parties shall be notified of the date, time, and the place of the rehearing. Notice to a party represented by counsel shall be given to counsel, and this notice shall be sufficient unless the juvenile court orders otherwise. When an adequate record has been made in the proceeding before the referee, the judge shall review the record before rehearing and may admit new evidence at the rehearing. If the record is not adequate, the rehearing shall be de novo.
(g) Ratification by the Judge. The findings and recommendations of the referee shall become the order of the juvenile court when ratified by the original signature of a judge with authority over juvenile matters.
(h) Matters Before the Referee Needing Immediate Action. If a matter before a referee requires immediate action, the referee shall state in his or her written findings and recommendations why the recommendations should be effective immediately. These matters for immediate action may include, but are not limited to, matters of contempt, the physical safety of the child, or the safety of others, or when the personal liberty of the child may be infringed. In such event, the written recommendations of the referee shall be effective and binding, upon the consent of the parties, for a period not exceeding 72 hours. In the event the parties do not consent to immediate action, the recommendations shall be reviewed immediately by any judge with authority over juvenile matters, who may order an appropriate temporary order based on the findings and recommendations, which order will be effective for a period not exceeding 72 hours. In any event, the findings and recommendations of the referee and any temporary orders in a matter needing immediate attention shall be reviewed by a judge with authority over juvenile matters within 72 hours after being made. Upon such review, the judge shall rescind, modify, or continue the order in effect and conduct such further proceedings as may be permitted under subsection (f).
(Acts 1975, No. 1205, p. 2384, §5-104; §12-15-6; Act 2008-277, p. 441, §1.)
(a) For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by the juvenile court, a juvenile probation officer shall perform the following duties:
(1) Make investigations, reports, and recommendations to the juvenile court.
(2) Serve as a juvenile court intake officer when designated by the juvenile court judge.
(3) Supervise and assist a child placed on probation or aftercare by order of the juvenile court or other authority of law until the terms of probation or aftercare expire or are otherwise terminated.
(4) Make appropriate referrals to other private or public departments or agencies of the community if their assistance appears to be needed or desirable.
(5) Make predisposition studies and submit reports and recommendations to the juvenile court as required by this chapter.
(6) Collect and compile statistical data and file reports as may be required by the Administrative Director of Courts pursuant to subdivision (1) of Section 12-5-10. The reports may include, but shall not be limited to, statistical data, case studies, and research materials.
(7) Notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child’s attorney for the juvenile sex offender, of the pending release of the juvenile sex offender and provide them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26.
(8) Perform other functions as are designated by this chapter or directed by the juvenile court.
(b) For the purposes of this chapter, a juvenile probation officer with the approval of the juvenile court, shall have the power to take into custody and place in shelter or detention, subject to Section 12-15-208, a child who is on probation or aftercare under his or her supervision when the juvenile probation officer has reasonable cause to believe that the child has violated the conditions of his or her probation or aftercare, or that he or she may flee from the jurisdiction of the juvenile court. A juvenile probation officer does not have the powers of a law enforcement officer.
(Acts 1975, No. 1205, p. 2384, §5-105; Acts 1984, No. 84-245, p. 387; Act 98-392, p. 782, §2; §12-15-7; amended and renumbered by Act 2008-277, p. 441, §1; Act 2015-463, §1.)
Except as otherwise provided in this chapter, all expenses necessary or appropriate to the carrying out of the purposes and intent of this chapter and all expenses of maintenance and care of children under the jurisdiction of the juvenile court pursuant to this chapter that may be incurred by order of the juvenile court in carrying out the provisions and intent of this chapter (except costs paid by parents, legal guardians, legal custodians, or trustees and court costs as provided by law) shall be valid charges and preferred claims against the county . These claims shall be paid by the county treasurer when itemized and sworn to by the creditor or other persons knowing the facts in the case and when approved by the juvenile court. Notwithstanding the foregoing, a municipality shall reimburse the county the actual costs of housing, maintenance, and medical expenses of those children held in a facility utilized by the county for housing children, or other facility licensed by the Department of Youth Services utilized by the county, as a result of a child being cited or detained for an alleged violation of an ordinance of the municipality that is not based on a state criminal statute adopted by the municipality as a municipal ordinance.
(Acts 1975, No. 1205, p. 2384, §5-139; Act 2006-533, p. 1226, §1; §12-15-10; amended and renumbered by Act 2008-277, p. 441, §1.)
If, after making a parent, or other person legally obligated to care for and support a child, a party to the action pursuant to this chapter and the Alabama Rules of Juvenile Procedure and after a hearing, the juvenile court finds that the parent or other person is financially able to pay all or part of the court costs, as provided by law, attorney fees, and expenses with respect to examination, treatment, care, detention, or support of the child incurred from the commencement of the proceeding in carrying out this chapter, the juvenile court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to those to whom compensation is due. If the child shall have an estate in the hands of a legal guardian, conservator, or trustee, the legal guardian, conservator, or trustee may be required to pay in a like manner. The juvenile court shall also order the parent or other person legally obligated to care for and support the child to apply for insurance and Medicaid. If the parent or other legally obligated person willfully fails or refuses to pay the sum, the juvenile court may proceed against him or her for civil or criminal contempt or both, and the order may be filed and shall constitute a civil judgment.
(Acts 1975, No. 1205, p. 2384, §5-139; §12-15-11; amended and renumbered by Act 2008-277, p. 441, §1.)
(a) Subject to the laws relating to the procedures therefor and the limitations thereon, the juvenile court may punish a person for contempt of court for disobeying an order of the juvenile court or for obstructing or interfering with the proceedings of the juvenile court or the enforcement of its orders.
(b) Notwithstanding the provisions of subsection (a), the juvenile court shall be limited in the actions it may take with respect to a child violating the terms and conditions of the order of protective supervision as this term is defined in subdivision (5) of Section 12-15-301, to those which the juvenile court could have taken at the time of the original disposition of the juvenile court pursuant to subsection (a) of Section 12-15-314.
(c) A finding of indirect contempt not based on a delinquency petition does not constitute an adjudication of delinquency.
(Acts 1975, No. 1205, p. 2384, §5-147; §12-15-12; amended and renumbered by Act 2008-277, p. 441, §1.)
(a) It shall be unlawful for any parent, legal guardian, legal custodian, or other person to do any of the following:
(1) To willfully aid, encourage, or cause any child to become or remain delinquent, dependent, or in need of supervision.
(2) To permit or encourage the employment of any child in violation of any of the provisions of the child labor law.
(3) To cause a child to fail to attend school as required by the compulsory school attendance law.
(b) Whenever, in the course of any proceedings pursuant to this chapter, or when, by affidavit as provided in this subsection, it shall appear to the juvenile court that a parent, legal guardian, legal custodian, or other person having custody, control, or supervision of a child or any other person not standing in any relation to the child has aided, encouraged, or caused the child to become delinquent, dependent, or in need of supervision, the juvenile court, for the protection of the child from these influences, shall have jurisdiction in these matters, as provided in this section. The juvenile court shall cause the parent, legal guardian, legal custodian, or other person to be brought before the juvenile court upon either summons or a warrant, affidavit of probable cause having first been made.
(c) Whoever violates any provision of this section shall be guilty of a Class A misdemeanor and shall be punished accordingly.
(d) Upon conviction, the juvenile court may suspend any sentence, remit any fine, or place the person on probation pursuant to such orders, directives, or conditions for his or her discipline and supervision as the juvenile court deems fit.
(Acts 1975, No. 1205, p. 2384, §5-148; §12-15-13; amended and renumbered by Act 2008-277, p. 441, §1.)
(a) It shall be unlawful for any person to interfere knowingly with or oppose or otherwise obstruct any juvenile probation officer or representative of the Department of Human Resources in the performance of his or her duties pursuant to this chapter.
(b) Any person violating any of the provisions of this section shall be guilty of a Class A misdemeanor and shall be punished accordingly.
(c) The juvenile court however, shall have the power to suspend any sentence, remit any fine, or place the person on probation pursuant to orders, directives, or conditions for his or her discipline and supervision as the juvenile court deems fit.
(Acts 1975, No. 1205, p. 2384, §5-150; §12-15-15; amended and renumbered by Act 2008-277, p. 441, §1.)
A juvenile court shall have the authority to make a parent, legal guardian, or legal custodian a party to a juvenile court proceeding pursuant to procedures established by the Alabama Rules of Juvenile Procedure.
(Act 2008-277, p. 441, §2.)
(a) A juvenile court shall exercise exclusive original jurisdiction of juvenile court proceedings in which a child is alleged to have committed a delinquent act, to be dependent, or to be in need of supervision. A dependency action shall not include a custody dispute between parents. Juvenile cases before the juvenile court shall be initiated through the juvenile court intake office pursuant to this chapter.
(b) A juvenile court shall not have jurisdiction over any delinquent act committed by an individual before his or her 18th birthday for which a petition has not been filed before the individual reaches 21 years of age, except when the delinquent act is an offense having no statute of limitation as provided in Section 15-3-5.
(c) A juvenile court shall also exercise exclusive original jurisdiction over each of the following:
(1) Proceedings pursuant to the Interstate Compact on Juveniles and the Interstate Compact on Placement of Children pursuant to Chapter 2 of Title 44.
(2) Proceedings for termination of parental rights.
(Acts 1975, No. 1205, p. 2384, §5-108; Acts 1990, No. 90-674, p. 1304, §4; §12-15-30; amended and renumbered by Act 2008-277, p. 441, §3; Act 2014-350, p. 1299, §1.)
(a) Notwithstanding any other provision of law, the state shall exercise concurrent jurisdiction with the United States over a military installation of the United States Department of Defense located within this state in a matter relating to a violation of federal law by a child within the boundaries of that military installation, if both of the following criteria are met:
(1) The United States Attorney or the United States District Court for the applicable district in this state waives exclusive jurisdiction.
(2) The violation of federal law is also a crime under state law.
(b) When concurrent jurisdiction has been established pursuant to subsection (a), the juvenile court shall have exclusive original jurisdiction over any case involving a child who is alleged to be delinquent as the result of an act committed within the boundaries of a military installation which is a crime under state law.
(Act 2024-327, §§1, 2.)
(a) A juvenile court shall also exercise original jurisdiction of the following civil proceedings:
(1) Removal of disabilities of nonage pursuant to Chapter 13 of Title 26.
(2) Proceedings for judicial consent for a person under the respective legal age to marry, to be employed, withdraw from school, or enlist in military service when this consent is required by law.
(3) Proceedings for the commitment of a minor or child with mental illness or an intellectual disability to the Department of Mental Health, as provided in Article 4 (commencing with Section 12-15-401).
(4) Proceedings for the adoption of a child when these proceedings have been transferred from probate court as provided by law.
(5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant to Chapter 21 of Title 26.
(6) Proceedings to establish parentage of a child pursuant to the Alabama Uniform Parentage Act, Chapter 17 of Title 26.
(7) Proceedings to establish, modify, or enforce support, visitation, or custody when a juvenile court previously has established parentage.
(8) Proceedings to establish, modify, or enforce child and spousal support, or both, in cases brought pursuant to Title IV-D of the Social Security Act, including the Alabama Uniform Interstate Family Support Act, commencing at Section 30-3A-101, when an equivalent court of another state issued an order.
(9) Proceedings filed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, commencing at Section 30-3B-101, when an equivalent court of another state issued an order.
(10) Proceedings to establish grandparent visitation when filed as part of a juvenile court case involving the same child.
(b) A juvenile court also shall have original jurisdiction in proceedings concerning any child in either of the following instances:
(1) The child requires emergency medical treatment in order to preserve his or her life, prevent permanent physical impairment or deformity, or alleviate prolonged agonizing pain.
(2) Where it is alleged that the rights of a child are improperly denied or infringed in proceedings resulting in suspension, expulsion, or exclusion from a public school.
(c) All civil cases before the juvenile court shall be governed by the laws relating thereto and shall be initiated by filing a petition or complaint with the clerk of the juvenile court, with the exception that the proceedings provided in Section 12-15-132 shall be initiated through the juvenile court intake office.
(Act 2008-277, p. 441, §4; Act 2012-383, p. 1011, §1.)
Once an adoption proceeding in the juvenile court has been completed, a copy of all the juvenile court records, including filings and documents originally sent upon transfer by the probate court, shall be forwarded to the probate court from which the case was transferred. All other filings and documents that are retained by the juvenile court pertaining to the adoption proceeding shall be sealed, kept as a permanent record of the court, and withheld from inspection except as otherwise ordered by the court for good cause shown.
(Act 2023-92, §3.)
(a) A juvenile court shall have exclusive original jurisdiction to try any individual committing any of the following offenses while 18 years of age or older:
(1) Contributing to the delinquency, in need of supervision, or dependency of a child in violation of Section 12-15-111.
(2) Opposing or interfering with a juvenile probation officer or a representative of the Department of Human Resources in violation of Section 12-15-112.
(3) Violating any of the confidentiality provisions of Sections 12-15-133, 12-15-134, 12-15-135, or 12-15-217.
(4) Nonsupport in violation of Section 13A-13-4.
(5) Violating any of the juvenile sex offender provisions of Section 15-20A-27(b)(1).
(6) Violating any of the provisions of the compulsory school attendance laws in Section 16-28-12.
(b) All criminal cases before the juvenile court shall be governed by the laws relating thereto and shall be initiated by complaint made before a judge or magistrate according to criminal procedure.
(Acts 1975, No. 1205, p. 2384, §5-109; Acts 1990, No. 90-674 , p. 1304, §5; §12-15-31; amended and renumbered by Act 2008-277, p. 441, §5; Act 2015-463, §1.)
(a) Once a child has been adjudicated dependent, delinquent, or in need of supervision, jurisdiction of the juvenile court shall terminate when the child becomes 21 years of age unless, prior thereto, the judge of the juvenile court terminates its jurisdiction by explicitly stating in a written order that it is terminating jurisdiction over the case involving the child. Nothing in this section is intended to affect the initial and continuing jurisdiction of juvenile courts over cases other than delinquency, dependency, or in need of supervision cases as provided in Sections 12-15-114, 12-15-115, 12-15-116, or any other statute by which jurisdiction was initially lawfully invoked.
(b) The jurisdiction of the juvenile court shall terminate when the child is convicted or adjudicated a youthful offender as provided in Section 12-15-203(i) and Section 12-15-204(b). If a person already under the jurisdiction of the juvenile court is convicted or adjudicated a youthful offender in a criminal court of a crime committed at the age of 18 or older, the conviction or adjudication shall terminate the jurisdiction of the juvenile court.
(c) In any case over which the juvenile court has jurisdiction, the juvenile court shall retain jurisdiction over an individual of any age to enforce or modify any prior orders of the juvenile court unless otherwise provided by law and also shall retain jurisdiction for the enforcement or modification of any prior orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.
(d) For purposes of enforcing any order of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court, the remedies with regard to punishment for contempt, including incarceration in jail of individuals 18 years of age or older, shall be available to the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-110; Acts 1997, No. 97-621, p. 1087, §1; §12-15-32; amended and renumbered by Act 2008-277, p. 441, §5; Act 2012-383, p. 1011, §1.)
(a) The Legislature finds that it was its original intent in the adoption of the Alabama Juvenile Justice Act (Act 2008-277) for a juvenile court to retain continuing jurisdiction in all cases in its jurisdiction to the extent provided by law. Act 2012-383 is curative and shall apply retroactively to ratify and confirm the exercise of continuing jurisdiction of the juvenile court to modify and enforce a judgment in cases filed in juvenile court on or after January 1, 2009, and prior to May 14, 2012. Any order of a juvenile court issued while exercising jurisdiction pursuant to this subsection during this time shall be deemed valid.
(b) Nothing in Act 2012-383 shall affect the jurisdiction of the circuit courts over any custody, visitation, or support issues, or enforcement or modification of the same issues, that a circuit court exercised in cases filed on or after January 1, 2009, and prior to May 14, 2012.
(Act 2012-383, p. 1011, §§2, 3.)
A person employed by the judicial branch of government who is designated by a juvenile court as a juvenile court intake officer shall perform the following duties:
(1) Receive and examine written complaints or petitions, made under oath, of allegations of delinquency, in need of supervision, or dependency or concerning proceedings filed pursuant to Section 12-15-132.
(2) Refer to the Department of Human Resources for investigations, reports, and recommendations those complaints and allegations of dependency or other appropriate matters and may refer to the Department of Human Resources for investigations, reports, and recommendations those complaints on children in need of supervision.
(Act 2008-277, p. 441, §6.)
After a verified complaint has been filed and before a petition alleging delinquency or in need of supervision is filed, the juvenile court intake officer, subject to the direction of the juvenile court, may give counsel and advice to the parties for the purpose of an informal adjustment pursuant to rules of procedure adopted by the Supreme Court of Alabama.
(Acts 1975, No. 1205, p. 2384, §5-116; §12-15-51; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) Delinquency, child in need of supervision, and dependency cases and proceedings pursuant to Section 12-15-132 before the juvenile court shall be initiated by the filing of a petition by the juvenile court intake officer who shall receive verified complaints and proceed thereon pursuant to rules of procedure adopted by the Supreme Court of Alabama.
(b) A petition alleging that a child is a delinquent child, dependent child, or a child in need of supervision shall not be filed by a juvenile court intake officer unless the juvenile court intake officer has determined and endorsed upon the petition that the juvenile court has subject matter jurisdiction and venue over the case and that the filing of the petition is in the best interests of the public and the child.
(Acts 1975, No. 1205, p. 2384, §5-114; §12-15-50; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) A juvenile petition alleging delinquency, in need of supervision, or dependency may be signed by any person 18 years of age or older, other than a juvenile court intake officer, who has knowledge of the facts alleged or is informed of them and believes that they are true. However, the person signing a dependency petition, in the petition or in an attached affidavit, shall give information, if reasonably ascertainable, as required in Section 30-3B-209.
(b) A petition shall be entitled “In the matter of _____, a child” and shall be made under oath.
(c) The petition shall set forth with specificity all of the following:
(1) The facts which bring the child under the jurisdiction of the juvenile court, the facts constituting the alleged dependency, delinquency, or need of supervision and the facts showing that the child is in need of supervision, treatment, rehabilitation, care, or the protection of the state, as the case may be.
(2) The name, age, and residence address, if known, of the child on whose behalf the petition is brought.
(3) The names and residence addresses, if known to the petitioner, of the parent, legal guardian, or legal custodian of the child. If no parent, legal guardian, or legal custodian resides or can be found within the state or if their respective places of residence are unknown, the name of any known adult relative residing within the county or, if there be none, the known adult relative residing nearest to the location of the juvenile court.
(4) The place of detention of the child and the time he or she was taken into custody, if the child in custody is alleged to be delinquent or in need of supervision.
(d) When any of the facts required by subsection (c) are not known, except the facts required by subdivision (4) of subsection (c), the petition shall so state.
(Acts 1975, No. 1205, p. 2384, §5-115; §12-15-52; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) After a petition alleging delinquency, in need of supervision, or dependency has been filed, the juvenile court shall direct the issuance of summonses to be directed to the child if he or she is 12 or more years of age, to the parents, legal guardian, or other legal custodian, and to other persons who appear to the juvenile court to be proper or necessary parties to the proceedings, requiring them to appear personally before the juvenile court at the time fixed to answer or testify as to the allegations of the petition. Where the legal custodian is summoned, the parent or legal guardian, or both, shall also be served with a summons.
(b) A copy of the petition shall be attached to each summons.
(c) The summons shall direct the parents, legal guardian, or other legal custodian having the custody or control of the child to bring him or her to the hearing.
(d) An adult who is a party may waive service of the summons by written stipulation or by voluntary appearance at the hearing.
(Acts 1975, No. 1205, p. 2384, §5-117; Acts 1996, No. 96-570, p. 864, §1; §12-15-53; amended and renumbered by Act 2008-277, p. 441, §7.)
Service of summonses in cases filed in the jurisdiction of the juvenile court shall be pursuant to rules of procedure adopted by the Supreme Court of Alabama.
(Acts 1975, No. 1205, p. 2384, §5-118; §12-15-54, amended and renumbered by Act 2008-277, p. 441, §7.)
The juvenile court shall make interlocutory and final dispositional orders in those cases in which a party or parties have been served by publication in accordance with rules adopted by the Supreme Court of Alabama.
(Acts 1975, No. 1205, p. 2384, §5-133; §12-15-55; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) A child or minor may be taken into custody for any of the following reasons:
(1) Pursuant to an order of the juvenile court.
(2) By a law enforcement officer having reasonable grounds to believe that the child or minor has run away from a juvenile detention, residential, shelter, or other care facility.
(3) By a law enforcement officer having reasonable grounds to believe that the child or minor is suffering from an illness or injury or is in immediate danger from the surroundings of the child or minor and that the immediate removal of the child or minor from those surroundings is necessary for the protection of the health and safety of the child or minor.
(b) In addition to the grounds listed in subsection (a), a child may also be taken into custody for any of the following reasons:
(1) By a law enforcement officer for an alleged delinquent act pursuant to the laws of arrest;
(2) By a law enforcement officer who has reasonable grounds to believe that the child has run away from his or her parents, legal guardian, or other legal custodian;
(3) By a law enforcement officer who has reasonable grounds to believe that the child has no parent, legal guardian, legal custodian, or other suitable person willing and able to provide supervision and care for the child; or
(4) By a juvenile probation officer pursuant to Section 12-15-107.
(Acts 1975, No. 1205, p. 2384, §5-119; §12-15-56; amended and renumbered by Act 2008-277, p. 441, §7.)
If it appears from a sworn statement, written or verbal, presented to the juvenile court that a child needs to be placed in detention or shelter or other care, the juvenile court may issue a pick-up order that a law enforcement officer or other person authorized by this chapter shall at once take the child into custody and take him or her to the place of detention or shelter or other care designated by the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-120; §12-15-57; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) A person taking a child into custody without an order of the juvenile court shall, with all possible speed, and in accordance with this chapter and the rules of court pursuant thereto:
(1) Release the child to the parents, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child and issue verbal counsel and warning as may be appropriate.
(2) Release the child to the parents, legal guardian, or legal custodian of the child upon his or her promise to bring the child before the juvenile court when requested, unless the placement of the child in detention or shelter care appears required. If a parent, legal guardian, or other legal custodian fails, when requested, to bring the child before the juvenile court as provided in this section, the juvenile court may issue an order directing that the child be taken into custody and brought before the juvenile court.
(3) Bring the child, if not released, to the place designated by the juvenile court and give written notice of the action taken and the reasons for taking the child into custody to the juvenile court intake officer, to the parent, legal guardian, or other legal custodian of the child, and, in the case of dependency, to the Department of Human Resources.
(b) Prior to authorizing the admission of the child to detention, shelter, or other care, the juvenile court intake officer, on an allegation of delinquency or in need of supervision or of dependency, shall review the need for detention or shelter care, including reviewing the written notice of the person who took the child into custody without an order of the juvenile court, and shall direct the law enforcement officer or other person currently having the child in custody to release the child unless detention or shelter care is required pursuant to Section 12-15-128. The juvenile court intake officer may allow release with or without electronic or telephone monitoring pending the 72-hour hearing requirement.
(c) A person taking a child or minor into custody pursuant to subdivision (3) of subsection (a) of Section 12-15-125 shall bring the child or minor to a medical or mental health facility if the child or minor is believed to be suffering from a serious mental health condition, illness, or injury which requires either prompt treatment or prompt diagnosis for the welfare of the child or minor or for evidentiary purposes, and, in the most expeditious manner possible, give notice of the action taken together with a statement of taking the child or minor into custody in writing to the court, the parents, legal guardian or other legal custodian and to the intake office and to the Department of Human Resources in the case of a dependency allegation.
(Acts 1975, No. 1205, p. 2384, §5-120; Acts 1996, No. 96-726, p. 1214, §2; §12-15-58; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) An allegedly delinquent child, dependent child, or child in need of supervision lawfully taken into custody shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody, and control of the parent, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child, unless the juvenile court or juvenile court intake officer, subject to the limitations in Section 12-15-208, finds any of the following:
(1) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(2) The release of the child would present a clear and substantial threat of a serious nature to the person or property of others and where the child is alleged to be delinquent.
(3) The release of the child would present a serious threat of substantial harm to the child.
(4) The child has a history of failing to appear for hearings before the juvenile court.
(5) The child is alleged to be delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, in which case the child may be detained in a juvenile detention facility until the hearing required by Section 12-15-207. “Pistol” as used in this section shall be as defined in Section 13A-11-70. “Short-barreled rifle” and “short-barreled shotgun” as used in this section shall be as defined in Section 13A-11-62.
(b) The criteria for continuing the allegedly delinquent child or child in need of supervision in detention or shelter or other care, or for continuing the allegedly dependent child in shelter or other care, as provided in subsection (a) shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending juvenile court disposition and those criteria shall be supported by clear and convincing evidence in support of the decision not to release the child.
(c)(1) In releasing a child, a juvenile court or the juvenile court intake officer may impose restrictions on the travel, association, or place of abode of the child or place the child under the supervision of a department, agency, or organization agreeing to supervise him or her, and may place the child under supervision such as electronic or telephone monitoring, if available. A child, once placed in detention, may also be released pursuant to the same conditions should there be a need to release the child from a juvenile detention facility because of an overcrowded population.
(2) The Board of Pardons and Paroles or any other state agency may electronically monitor an alleged delinquent child released pursuant to this section when the alleged delinquent act would be classified as any of the following if committed by an adult:
a. A Class A felony.
b. A Class B felony.
c. A Class C felony in which a dangerous instrument or deadly weapon, as defined in Section 13A-1-2, was used or attempted to be used in the commission of the felony.
(3) The Board of Pardons and Paroles or any other state agency shall use electronic monitoring for any alleged delinquent child released pursuant to this section who has been adjudicated or convicted of any three or more prior offenses that would be classified as felonies if committed by an adult.
(Acts 1975, No. 1205, p. 2384, §5-121; §12-15-59; amended and renumbered by Act 2008-277, p. 441, §7; Act 2025-422, §1.)
All hearings pursuant to this chapter shall be conducted by the juvenile court without a jury and separate from other proceedings. The general public shall be excluded from delinquency, in need of supervision, or dependency hearings and only the parties, their counsel, witnesses, and other persons requested by a party shall be admitted. Other persons as the juvenile court finds to have a proper interest in the case or in the work of the juvenile court may be admitted by the juvenile court on condition that the persons refrain from divulging any information which would identify the child under the jurisdiction of the juvenile court or family involved. If the juvenile court finds that it is in the best interests of the child under the jurisdiction of the juvenile court, the child may be temporarily excluded from the hearings, except while allegations of delinquency or in need of supervision are being heard.
(Acts 1975, No. 1205, p. 2384, §5-128; Acts 1987, No. 87-597, p. 1037, §1; Acts 1990, No. 90-674, p. 1304, §11; Acts 1993, No. 93-256, p. 367, §1; Acts 1995, No. 95-545, p. 1143, §1; Act 98-372, p. 677, §1; §12-15-65; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) Where there are indications that a child may be physically ill, a child with mental illness or an intellectual disability, or an evaluation of a child is needed to help determine issues of competency to understand judicial proceedings, mental state at the time of the offense, or the ability of the child to assist his or her attorney, the juvenile court, on its own motion or motion by the prosecutor, or that of the child’s attorney or guardian ad litem for the child, may order the child to be examined at a suitable place by a physician, psychiatrist, psychologist, or other qualified examiner, under the supervision of a physician, psychiatrist, or psychologist who shall certify the findings of the examiner in writing, or a qualified examiner approved by the Department of Mental Health prior to a hearing on the merits of the petition.
(b) The examinations made prior to a hearing as provided for in subsection (a) shall be conducted on an outpatient basis unless the juvenile court finds that placement in a hospital or other appropriate facility is necessary.
(c) The juvenile court, after a hearing, may order an examination, as described in subsection (a), of a parent, legal guardian, or legal custodian who gives his or her consent and whose ability to care for or supervise a child before the juvenile court is at issue.
(d) The juvenile court, either before or after a hearing, may cause any child under the jurisdiction of the juvenile court to be given a physical or mental examination, or both, by a competent physician, psychiatrist, psychologist, or other qualified examiner, under the supervision of a physician, psychiatrist, or psychologist who shall certify the findings of the examiner in writing, or an examiner approved by the Department of Mental Health to be designated by the juvenile court, and the physician, psychiatrist, psychologist, or mental examiner shall certify to the juvenile court the condition in which the child is found.
(e) If, upon the examination, there is reason to believe that a minor or child is a minor or child with mental illness or an intellectual disability, as defined by the Department of Mental Health, a petition for mental commitment of the minor or child may be filed pursuant to Article 4, commencing with Section 12-15-401.
(f) Upon examination, if it appears that the child is in need of surgery, medical treatment or care, hospital care, or dental care, the juvenile court may cause the child to be treated by a competent physician, surgeon, or dentist or placed in a public hospital or other institution for training or care or in an approved private home, hospital, or institution, which will receive him or her for like purposes. The expense of the treatment shall be a valid charge against the county unless otherwise provided for.
(g) The juvenile court may grant authority to order emergency medical care to any such person, agency, or department charged with the detention, temporary shelter care, or other care of a child under the jurisdiction of the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-136; §12-15-70; amended and renumbered by Act 2008-277, p. 441, §7.)
In any proceeding commenced pursuant to this chapter, on motion of the juvenile court or on motion of a party, the juvenile court may make an order restraining the conduct of any party over whom the juvenile court has obtained jurisdiction, if all of the following occur:
(1) An order of disposition of a delinquent child, dependent child, or a child in need of supervision has been made in a proceeding pursuant to this chapter.
(2) The juvenile court finds that the conduct of the party is or may be detrimental or harmful to the delinquent child, dependent child, or child in need of supervision and will tend to defeat the execution of the order of disposition made.
(3) Notice of the motion and the grounds therein and an opportunity to be heard thereon have been given to the party against whom the order is directed.
(Acts 1975, No. 1205, p. 2384, §5-141; §12-15-73; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) A child on probation or aftercare incident to an adjudication as a delinquent child or a child in need of supervision who violates the terms of his or her probation or aftercare may be proceeded against for a revocation of the order.
(b) A proceeding to revoke probation or aftercare shall be commenced by the filing of a petition entitled “petition to revoke probation” or “petition to revoke aftercare.” Except as otherwise provided, these petitions shall be screened, reviewed, and prepared in the same manner and shall contain the same information as provided in Sections 12-15-120 and 12-15-121. The petition shall recite the date that the child was placed on probation or aftercare and shall state the time and manner in which notice of the terms of probation or aftercare was given.
(c) Probation or aftercare revocation proceedings shall require clear and convincing evidence. In all other respects, proceedings to revoke probation or aftercare shall be governed by the procedures, safeguards, and rights and duties applicable to delinquency and child in need of supervision cases contained in this chapter.
(d) If a child is found to have violated the terms of his or her probation or aftercare pursuant to a revocation hearing, the juvenile court may extend the period of probation or aftercare or make any other order of disposition specified for a child adjudicated delinquent or in need of supervision.
(e) A violation of probation for a child in need of supervision is not an adjudication of delinquency.
(Acts 1975, No. 1205, p. 2384, §5-135; §12-15-75; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) The following records, reports, and information acquired or generated in juvenile courts concerning children shall be confidential and shall not be released to any individual, department, agency, or entity, except as provided elsewhere in this section:
(1) Juvenile legal files, including formal documents as petitions, notices, motions, legal memoranda, orders, and decrees.
(2) Social records, including but not limited to:
a. Records of juvenile probation officers.
b. Records of the Department of Human Resources.
c. Records of the Department of Youth Services.
d. Medical records.
e. Psychiatric or psychological records.
f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records.
h. Birth certificates.
i. Individualized service plans.
j. Education records, including, but not limited to, individualized education plans.
k. Detention records.
l. Demographic information that identifies a child or the family of a child.
(3) State Criminal Justice Information System records.
(4) Juvenile criminal sex offender notification records.
(b) The records, reports, and information described in subsection (a) shall be filed separately from other files and records of the court. The juvenile legal files described in subdivision (a)(1) shall be maintained in a separate file from all other juvenile records, reports, and information.
(c) Subject to applicable federal law, the records, reports, and information described in subsection (a) shall be open to inspection and copying only by the following, under the specified circumstances:
(1) The judge, juvenile probation officers, and professional staff assigned to serve or contracted for service to the juvenile court.
(2) Representatives of a public or private agency or department providing supervision or having legal custody of the child.
(3) The parent, except when parental rights have been terminated, the legal guardian of the child, and the legal custodian of the child.
(4) The subject of the proceedings and his or her counsel and guardian ad litem. As used in this section, the term “counsel” means a child’s attorney and an attorney for a criminal defendant who was formerly a child subject to proceedings in juvenile court.
(5) The judge, probation, prosecutor, and other professional staff serving a court handling criminal cases for investigating or considering youthful offender applications for an individual, who, prior thereto, had been the subject of proceedings in juvenile court.
(6) The judge, probation, and other professional staff, including the prosecutor and the attorney for the defendant, serving a court handling criminal cases for completing sentencing standards worksheets and considering the sentence upon an individual charged with a criminal offense who, prior thereto, had been the subject of proceedings in juvenile court.
(7) The principal of the school in which the child is enrolled, or the representative of the principal, upon written petition to the juvenile court setting forth the reasons why the safety or welfare, or both, of the school, its students, or personnel, necessitate production of the information and without which the safety and welfare of the school, its students, and personnel, would be threatened; provided, however, certain information concerning children adjudicated delinquent of certain offenses shall be provided as set forth in Section 12-15-217.
(8) The Alabama Sentencing Commission, as set forth in Section 12-25-11.
(9) In any criminal proceeding, including a criminal proceeding in which an individual is adjudicated a youthful offender, as well as any juvenile proceeding pursuant to Section 12-15-105, the prosecutor representing the State of Alabama shall have access to all juvenile legal files specified in subdivision (a)(1) on that individual regardless of the jurisdiction from which the files originate.
(d) Upon determining a legitimate need for access, and subject to applicable federal law, the juvenile court may also grant access to specific records, reports, and information to a prosecutor representing the State of Alabama, department, entity, or agency. The determination of legitimate need by the juvenile court shall be based upon a written request filed with the juvenile court stating the following:
(1) The reason the individual, department, entity, or agency is requesting the information.
(2) The use to be made of the information.
(3) The names of those individuals or entities that will have access to the information.
(e) Petitions, motions, juvenile court notices, or dispositions shall be open to inspection and copying by the victim.
(f) Subject to applicable confidentiality disclosure and case restrictions imposed by federal or state law, confidential juvenile legal files, as described in subdivision (a)(1), may be placed on an automated information sharing system to be shared with the child’s counsel and guardian ad litem, prosecutors, departments, agencies, or entities who are entitled to access pursuant to this section.
(g) Except for the purposes permitted and in the manner provided by this section, whoever discloses or makes use of or knowingly permits the use of information identifying a child, or the family of a child, who is or was under the jurisdiction of the juvenile court, where this information is directly or indirectly derived from the records of the juvenile court or acquired in the course of official duties, upon conviction, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court and also may be subject to civil sanctions. Provided, however, that nothing in this section shall be construed to prohibit or otherwise limit counsel from disclosing confidential information obtained from the juvenile court file of the child as needed to investigate the case of the client or prepare a defense for that client, provided that the disclosure is in furtherance of counsel’s representation of the party.
(h) Anytime that a child commits a violent offense and is adjudicated delinquent, if that child as an adult commits the same or a similar offense, the court records pertaining to the juvenile offense may be used in the prosecution of the adult offense.
(i) This section does not prohibit juvenile courts from communicating with and sharing otherwise confidential information with any court of this state in accordance with Section 26-10E-30 which is currently handling an adoption matter or has entered a final adoption judgment regarding a juvenile. All records shared between the courts are to remain under seal and shall not be shared with the parties or released to the public.
(Acts 1975, No. 1205, p. 2384, §5-142; Acts 1990, No. 90-674, p. 1304, §15; Acts 1996, No. 96-524, p. 677, §1; Act 99-433, p. 792, §3; §12-15-100; amended and renumbered by Act 2008-277, p. 441, §7; Act 2014-432, p. 1593, §1; Act 2023-92, §4.)
(a) Law enforcement agencies shall take special precautions to ensure that law enforcement records and files concerning a child will be maintained in a manner and pursuant to those safeguards that will protect against disclosure to any unauthorized person, department, agency, or entity. Unless a charge of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the juvenile court otherwise orders in the interests of the child, of public safety, or of national security, the law enforcement records and files with respect to the child shall not be open to public inspection nor their contents disclosed to the public.
(b) Law enforcement records and files described in subsections (a) and (f) shall be open to inspection and copying by the following:
(1) A juvenile court having a child currently before it in any proceeding.
(2) Personnel of the Department of Human Resources, the Department of Youth Services, public and private institutions or agencies of which the child under the jurisdiction of the juvenile court has been placed into the legal custody, and those responsible for his or her supervision after release.
(3) Law enforcement officers of other jurisdictions when necessary for the discharge of their current official duties.
(4) The probation and other professional staff of a court in which the child is subsequently convicted of a criminal offense or adjudicated as a youthful offender for the purpose of a presentence report or other dispositional proceedings, officials of penal institutions and other penal facilities into which the child is placed, or a parole board in considering his or her parole or discharge or in exercising supervision over him or her.
(5) The probation and other professional staff serving a court handling criminal cases when investigating or considering youthful offender applications.
(6) The parent, except when parental rights have been terminated, or legal guardian of the child, the child’s attorney, and the guardian ad litem.
(7) The principal of the school in which the child is enrolled, or the representative of the principal, upon written petition to the juvenile court setting forth the reasons why the safety or welfare, or both, of the school, its students, or personnel necessitate production of the information and without which the safety and welfare of the school, its students, and personnel would be threatened.
(c) Law enforcement records may be viewed by victims during the investigation of a crime at the discretion of the investigating officer.
(d) All law enforcement agencies shall report to the Alabama State Law Enforcement Agency that a child has been charged with an act of delinquency along with any pertinent identifying information or historical data concerning that child, when either of the following occurs:
(1) The child is taken into custody and charged with an act of delinquency for an act which would constitute a felony if committed by an adult.
(2) The child is taken into custody and charged with an act of delinquency for an act which would constitute a misdemeanor if committed by an adult.
(e) Nothing in this section shall be construed to prohibit or otherwise limit counsel from disclosing confidential law enforcement records relating to a client as needed to investigate the case of the client or prepare a defense for that client, provided that the disclosure is in furtherance of counsel’s representation of the party.
(f) Except for use in legal proceedings, photographs, likeness, and personal identifying information contained in law enforcement records of a person charged pursuant to Section 12-15-204 are not public records and may not be published in any printed or electronic media nor open to public inspection prior to conviction, unless a hearing has been held pursuant to Section 15-13-3, there has been a probable cause determination by a district or circuit court judge, an indictment has been issued by a grand jury, or the district court or circuit court with jurisdiction over the case orders the records be released in the interest of the person charged, in the interest of public safety, or in the interest of national security.
(g) Except as provided in this section, any person who knowingly discloses, makes use of, or permits the use of information described in this section that identifies a child, or the family of a child, who is or was under the jurisdiction of the juvenile court, upon conviction, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court.
(h) Nothing in this section shall be construed to prohibit or otherwise limit a prosecuting authority from disclosing confidential law enforcement records relating to a child as needed to investigate or prosecute the case, provided that the disclosure is in furtherance of or related to the investigation or prosecution.
(Acts 1975, No. 1205, p. 2384, §5-143; Acts 1990, No. 90-674, p. 1304, §16; Acts 1996, No. 96-524, p. 677, §1; Act 99-433, p. 792, §3; §12-15-101; amended and renumbered by Act 2008-277, p. 441, §7; Act 2021-388, §1; Act 2024-335, §1.)
(a) Fingerprints of a child who has been charged with a delinquent act shall be taken by the law enforcement agency taking the child into custody. The prints may be retained in a local file and a copy shall be filed with the Alabama Bureau of Investigation.
(b) If latent fingerprints are found during the investigation of a delinquent act and a law enforcement officer has reason to believe that they are those of the child in custody, the officer may fingerprint the child regardless of age or delinquent act for purpose of immediate comparison with the latent fingerprints. The prints may be retained in a local file and copies shall be sent to the Alabama Bureau of Investigation.
(c) Special precautions shall be taken to ensure that the fingerprints will be maintained in a manner and pursuant to safeguards as to limit their use to inspection for comparison purposes by law enforcement officers or by staff of the depository only in the investigation of a crime.
(d) A child who is charged with a delinquent act shall be photographed by the law enforcement agency taking the child into custody for criminal identification purposes. A child in custody for any other reason shall not be photographed for criminal identification purposes without the consent of the juvenile court. The photographs shall be retained in a local file with the same safeguards in place as for fingerprints.
(e) Blood or other samples necessary for DNA testing may be taken for criminal identification purposes from a child who is charged with a delinquent act that would constitute a Class A or B felony if committed by an adult. The samples, if taken, shall be submitted for DNA testing and the DNA records shall be filed with the Department of Forensic Sciences. Special precautions shall be taken to ensure that the DNA records will be maintained in a manner and pursuant to safeguards that will limit their use to inspection for identification purposes by law enforcement officers or by staff of the testing facility only in the investigation of a crime.
(f) Any person who willfully violates this section, upon conviction thereof, shall be guilty of a Class A misdemeanor under the jurisdiction of the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-144; Acts 1996, No. 96-524, p. 677, §1; Acts 1997, No. 97-925, p. 375, §1; Act 99-203, p. 261, §1; Act 99-433, p. 792, §3; §12-15-102; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) On motion of a person who has been the subject of a delinquency or child in need of supervision petition , the juvenile court may order the sealing of the legal and social files and records of the juvenile court pertaining to the person if it finds that:
(1) Two years have elapsed since the final discharge of the person from legal custody or supervision or two years after the entry of any other order of the juvenile court not involving custody or supervision; and
(2) The person has not been convicted or adjudicated delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and no proceeding is pending seeking the conviction or adjudication.
(b) The motion and the order may include the records, reports, or information specified in Section 12-15-133.
(c) Notice of the motion shall be given by the clerk of the juvenile court to all of the following:
(1) The prosecutor.
(2) The authority granting the discharge if the final discharge was from an institution, parole, or probation.
(3) The law enforcement officers, department, agency, and central depository having custody of the files and records specified in Section 12-15-133 and included in the motion.
(d) Upon the entry of the order, the proceedings in the case shall be sealed. The juvenile court, by order in an individual case, may permit inspection by or release of information in the records to any clinic, hospital, or agency which has the person under care.
(e) Any adjudication of delinquency or youthful offender or conviction of a felony or misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, subsequent to sealing shall have the effect of nullifying the sealing order.
(Acts 1975, No. 1205, p. 2384, §5-145; §12-15-103; amended and renumbered by Act 2008-277, p. 441, §7.)
(a) A person who has been the subject of a delinquency petition and has met the conditions stipulated in subdivision (2) of subsection (a) of Section 12-15-136, five years after reaching the age of majority, may file a motion requesting the destruction of all records pertaining to his or her case. If the juvenile court grants the motion, copies of the order shall be sent to all offices, departments, or agencies that are repositories of the records, and all the offices, departments, and agencies shall comply with the order.
(b) Upon the entry of a destruction order, all references including arrest, complaints, referrals, petitions, reports, and orders shall be removed from all department or agency official and institutional files and destroyed.
(c) A person who has been the subject of a delinquency petition shall be notified of his or her rights under subsection (a) of Section 12-15-136 and subsection (a) of this section and at the time of his or her final discharge.
(Act 2008-277, p. 441, §8)
The juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or restraint to protect the health or safety of a child subject to the proceeding.
(Acts 1991, No. 91-661, p. 1265, §1; §12-15-150; amended and renumbered by Act 2008-277, p. 441, §9.)
A protection or restraint order may be issued by the juvenile court, after notice and a hearing, upon proper showing by a preponderance of the evidence that an order is necessary to protect the health or safety of the child subject to a juvenile court proceeding or is otherwise in the best interests of the child.
(Acts 1991, No. 91-661, p. 1265, §2; §12-15-151; amended and renumbered by Act 2008-277, p. 441, §9.)
(a) The protection or restraint order may set forth reasonable conditions of behavior to be observed by a person who is a parent, legal guardian, legal custodian, or other person legally responsible for the care of the child subject to a juvenile court proceeding, or the spouse of the parent, or spouse of any other person legally responsible for the care of the child, or relatives of any of the above, or residents of the home of the child, or any other person.
(b) The protection or restraint order, among other things, may require any person or persons to do any of the following:
(1) Stay away from the home in which the child subject to a juvenile court proceeding resides, the family or the child.
(2) Vacate the home in which the child subject to a juvenile court proceeding resides.
(3) Permit a parent, legal guardian, or legal custodian to visit the child subject to a juvenile court proceeding at stated periods pursuant to stated conditions or deny visitation.
(4) Deny access to the home in which the child subject to a juvenile court proceeding resides to persons who have been harmful to the child.
(5) Refrain from acts of commission or omission that tend to make the home in which the child subject to a juvenile court proceeding resides an unsafe place for the child.
(6) Cooperate with any treatment or Department of Human Resources service plan found necessary to the best interests of the child subject to a juvenile court proceeding.
(7) Obtain or participate in individual or family counseling.
(8) Refrain from abusive, disruptive, or harassing behavior toward the child subject to a juvenile court proceeding, the other parent, legal guardian, or legal custodian.
(9) Limit or refrain from contact or communication with the child subject to a juvenile court proceeding, family, children in the home, or any other child.
(10) Pay temporary support for the child subject to a juvenile court proceeding or other family members and the costs of medical, psychiatric, or physical treatment or care of the child or other family members.
(Acts 1991, No. 91-661, p. 1265, §3; §12-15-152; amended and renumbered by Act 2008-277, p. 441, §9.)
The juvenile court may enter an ex parte order of protection or restraint on an emergency basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence of abuse or neglect injurious to the health or safety of a child subject to a juvenile court proceeding and the likelihood that the abuse or neglect will continue unless the order is issued. If an emergency order is issued, a hearing, after notice, shall be held within 72 hours of the written evidence or the next judicial business day thereafter, to either dissolve, continue, or modify the order.
(Acts 1991, No. 91-661, p. 1265, §4; §12-15-153; amended and renumbered by Act 2008-277, p. 441, §9.)
After notice and opportunity for a hearing afforded to a person subject to a protection or restraint order, the order may be modified or extended for a further specified period, or both, or may be terminated if the juvenile court finds that the best interests of the child subject to a juvenile court proceeding will be served thereby.
(Acts 1991, No. 91-661, p. 1265, §5; §12-15-154; amended and renumbered by Act 2008-277, p. 441, §9.)
(a) Any person violating an order of protection or restraint shall be punishable for contempt of court, as in other cases, and upon a finding of willful conduct, shall be responsible for the payment of court costs and attorney fees incurred by any person in seeking enforcement of the order.
(b) Any person may also be charged with a willful violation of a protection order pursuant to subsection (c) of Section 30-5A-3.
(Acts 1991, No. 91-661, p. 1265, §6; §12-15-155; amended and renumbered by Act 2008-277, p. 441, §9.)
The provisions of Sections 12-15-138 to 12-15-143, inclusive, shall be construed in pari materia with Sections 30-5-1 to 30-5-11, inclusive, as amended, and other criminal laws relating to child abuse except to the extent that there is conflict herewith.
(Acts 1991, No. 91-661, p. 1265, §7; §12-15-156; amended and renumbered by Act 2008-277, p. 441, §9.)
For purposes of this article, the following terms and phrases shall have the following meanings:
(1) AVERAGE COST OF DETENTION. The average cost of detention of children as determined from experience in Alabama and as computed by the Department of Youth Services.
(2) CONSENT DECREE. An order, entered after the filing of a delinquency or child in need of supervision petition and before the entry of an adjudication order, suspending the proceedings and placing the child under supervision pursuant to terms and conditions agreed to between the child and his or her parent, legal guardian, or legal custodian and approved by the juvenile court.
(3) NONOFFENDER. A child who is subject to the jurisdiction of the juvenile court for reasons other than the legally prohibited conduct of the child.
(4) STATUS OFFENDER. A status offender is an individual who has been charged with or adjudicated for conduct that would not, pursuant to the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. An adjudicated status offender who violates the terms of his or her probation or aftercare remains a status offender for purposes of subdivision (1) of subsection (a) of Section 12-15-208, unless the child is contemporaneously adjudicated for having committed a delinquent act that is not a status offense. Status offenses include, but are not limited to, the following:
a. Truancy.
b. Violations of municipal ordinances applicable only to children.
c. Runaway.
d. Beyond control.
e. Consumption or possession of tobacco products.
f. Possession and consumption of alcohol, which is a status offense by federal law, even though considered a delinquent act by state law.
g. Driving under the influence pursuant to subsection (b) of Section 32-5A-191, which is a status offense by federal law, even though considered a delinquent act by state law.
(5) VALID COURT ORDER. An order given by a juvenile court judge to a child who was brought before the juvenile court and made subject to the order; and who received, before the issuance of the order, the full due process rights guaranteed to the child by the Constitution of the United States.
(Act 2008-277, p. 441, §11.)
(a) Rights of the child when taken into custody. When a child is taken into custody, the person taking the child into custody shall inform the child of all of the following, in language understandable to the child:
(1) The reason that the child is being taken into custody.
(2) That the child has the right to communicate with his or her parent, legal guardian, or legal custodian whether or not that person is present. If necessary, reasonable means will be provided for the child to do so.
(3) The child has the right to communicate with an attorney. If the child does not have an attorney, one will be appointed for him or her. If the child has an attorney who is not present, reasonable means shall be provided for the child to communicate with the attorney.
(b) Rights of the child before being questioned while in custody. Before the child is questioned about anything concerning the charge on which the child was taken into custody, the person asking the questions shall inform the child of the following rights:
(1) That the child has the right to a child’s attorney.
(2) That if the child is unable to pay for a child’s attorney and if the parent, legal guardian, or legal custodian of the child has not provided a child’s attorney, one will be appointed.
(3) That the child is not required to say anything and that anything the child says may be used against the child.
(4) That the child has a right to communicate with his or her parent, legal guardian, or legal custodian, whether or not that person is present. If necessary, reasonable means will be provided for the child to do so.
(5) That even if the child’s attorney is not present or has not yet been appointed, the child has the right to communicate with him or her and that, if necessary, reasonable means will be provided for the child to do so.
(c) When a child is brought to the juvenile court intake office or delivered to a juvenile detention facility or shelter care facility, the juvenile court intake officer or person in charge of the facility shall immediately inform the child of the following:
(1) The reason for the detention of the child.
(2) The right of the child to a hearing to determine if continued detention or shelter care is needed as provided in this article.
(3) That the parent, legal guardian, or legal custodian will be informed of the whereabouts of the child and the reason for the detention of the child.
(d) Rights of the child upon detention in a juvenile court intake office or juvenile detention facility or shelter care facility. When a child is detained pursuant to subsection (c), the person in charge of the juvenile court intake office or the facility shall notify the child of the rights of the child as set out in subsection (b).
(1) The person in charge of the juvenile court intake office or the juvenile detention facility, in the most expeditious manner possible, shall ensure that the parent, legal guardian, or legal custodian of the child is notified of the whereabouts of the child and the reason for the detention of the child. Except in the situation provided herein, the person in charge shall also inform the parent, legal guardian, or legal custodian of the child of the rights of the child and of the right of the parent, legal guardian, or legal custodian to be represented by counsel. The parent, legal guardian, or legal custodian shall also be informed of the right of the child to remain silent. However, if the child has been read his or her rights, understands those rights, and knowingly, voluntarily, and intelligently waives those rights, then it is not necessary that the parent, legal guardian, or legal custodian be notified of the rights of the child or be present during the interrogation. This notification to the parent, legal guardian, or legal custodian, if practicable, shall be made in person or by telephone; otherwise, the communication shall be by the best means practicable.
(2) A written statement containing the information in subdivision (1) shall be given to the parent, legal guardian, or legal custodian of the child at the first meeting with the juvenile court intake officer or person in charge of the facility. If the parent, legal guardian, or legal custodian does not appear at the facility within 24 hours after the placement of the child in the facility, or if the parent, legal guardian, or legal custodian fails to attend the detention or shelter care hearing, this written statement shall be mailed if an address may reasonably be ascertained.
(e) Rights of parties once a petition is filed. If a petition has been filed, the parties shall be informed of their rights as set out in subsections (b) and (d). Additionally, the juvenile court judge or referee shall inform the parties at the commencement of the detention or shelter or other care hearing of the contents of the petition and all of the parties shall be given an opportunity to admit or deny the allegations of the petition.
(f) Additional rights of the child include all of the following:
(1) The child has a right to be represented by a child’s attorney at all stages of a juvenile court proceeding under this article.
a. In any proceeding in which there is a possibility that the child may be placed in an institution in which the freedom of the child may be curtailed, and in which proceeding a child’s attorney has not been retained, a child’s attorney shall be appointed for the child.
b. In all other juvenile court proceedings, the juvenile court may appoint a child’s attorney in any case upon request or when it deems the appointment to be in the interests of justice.
c. In addition to those duties referenced in subdivision (5) of Section 12-15-102, the duties of a child’s attorney include, but are not limited to, the following:
Irrespective of the age of the child, meet with the child prior to juvenile court hearings, when apprised of emergencies or significant events impacting on the child, and as necessary to prepare for the juvenile court proceeding. The child’s attorney shall explain, in terms understandable to the child, what is expected to happen at each stage of the proceedings, as well as the rights of the child at each stage of the proceedings.
Conduct a prompt, thorough, and independent investigation of the facts, the health, family, social history, and educational background of the child, possible defenses, and applicable law, and seek discovery from the prosecution.
Based upon the investigation, advise the child, in terms he or she can understand, as to his or her options for proceeding in the case and the likely outcomes of the various courses of action. Conduct the defense in accordance with the expressed interests of the client regarding whether to seek release from detention, whether to admit or deny the allegations, whether to testify, whether to enter into a negotiated settlement, whether to appeal, whether to accept or oppose a recommended disposition, and the overall goals of the representation.
Attend all hearings scheduled by the juvenile court and file all necessary pleadings and motions to promote the expressed interests of the child and protect his or her rights.
Maintain familiarity with the dispositional resources available through the juvenile court and in the community, and recommend appropriate services to the child and the family. Advocate in the dispositional process to protect the rights of the client, meet the goals of the representation, and ensure that the juvenile court is aware of any special needs of the child that should be addressed in the dispositional process.
(2) The child, through a child’s attorney, has the right to cross-examine witnesses.
(3) The child has the right to confront all witnesses against the child, subject to limitations recognized by the United States Supreme Court.
(4) The child shall be furnished a transcript on appeal. If the child or the parent, legal guardian, or legal custodian of the child cannot afford a transcript, the juvenile court shall order that the transcript be paid for out of funds set aside for this purpose.
(Act 2008-277, p. 441, §11.)
(a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a criminal offense as defined by this code if committed by an adult.
(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution.
(c) When there are grounds to believe that the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, the juvenile court judge shall order an examination pursuant to Section 12-15-130.
(d) Evidence of the following and other relevant factors shall be considered in determining whether the motion shall be granted:
(1) The nature of the present alleged offense.
(2) The extent and nature of the prior delinquency record of the child.
(3) The nature of past treatment efforts and the nature of the response of the child to the efforts.
(4) Demeanor.
(5) The extent and nature of the physical and mental maturity of the child.
(6) The interests of the community and of the child requiring that the child be placed under legal restraint or discipline.
(e) Prior to a hearing on the motion by the prosecutor, a written study and report to the juvenile court judge, relevant to the factors listed in subsection (d), shall be made by a juvenile probation officer.
(f) When a child is transferred for criminal prosecution, the juvenile court judge shall set forth in writing his or her reasons for granting the motion, which shall include a finding of probable cause for believing that the allegations are true and correct.
(g) The finding of probable cause by the juvenile court judge shall preclude the necessity for a preliminary hearing subsequent to the transfer of the case for criminal prosecution, and the court having jurisdiction of the offense or offenses charged may exercise any authority over the case and the child, subsequent to the transfer, which is otherwise applicable to cases involving adult offenders pursuant to provisions of laws or rules of procedure adopted by the Supreme Court of Alabama.
(h) A child who is transferred to a court for criminal prosecution shall be tried as an adult for the offense charged and all lesser included offenses of the offense charged.
(i) A conviction or adjudication as a youthful offender of a child of a criminal offense, with the exception of a nonfelony traffic offense, shall terminate the jurisdiction of the juvenile court over that child with respect to any future delinquent acts and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction or adjudication as a youthful offender. Any pending or future criminal acts committed by the child shall be prosecuted as other criminal charges are prosecuted. Termination of the jurisdiction of the juvenile court over the child with respect to future criminal charges and pending allegations of delinquency, as provided herein, shall not affect the jurisdiction of the juvenile court over the child with respect to any other matter provided in this chapter, specifically including any prior allegations of delinquency which, at the time of the criminal conviction, has been disposed of by the juvenile court either through informal adjustment, consent decree, or adjudication. The juvenile court is specifically authorized, to the extent practicable, to continue exercising its jurisdiction over the child with respect to such previously disposed delinquency cases after the termination of its jurisdiction with respect to other criminal charges, including jurisdiction to enforce its order requiring the payment of fines, costs, restitution, or other money ordered by the juvenile court pursuant to Section 12-15-117.
(Acts 1975, No. 1205, p. 2384, §5-129; Acts 1988, No. 88-226, p. 353, §3; Acts 1990, No. 90-674, p. 1304, §7; Acts 1996, No. 96-502, p. 636, §1; Acts 1996, No. 96-571, p. 871, §1; §12-15-34; amended and renumbered by Act 2008-277, p. 441, §12.)
(a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any act or conduct, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried as an adult:
(1) A capital offense.
(2) A Class A felony.
(3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any person who is one of the following:
a. A law enforcement officer or official.
b. A correctional officer or official.
c. A parole or probation officer or official.
d. A juvenile court probation officer or official.
e. A district attorney or other prosecuting officer or official.
f. A judge or judicial official.
g. A court officer or official.
h. A person who is a grand juror, juror, or witness in any legal proceeding of whatever nature when the offense stems from, is caused by, or is related to the role of the person as a juror, grand juror, or witness.
i. A teacher, principal, or employee of the public education system of Alabama.
(6) Trafficking in drugs in violation of Section 13A-12-231, or as the same may be amended.
(7) A violation of Article 12 of Chapter 6 of Title 13A.
(8) Any lesser included offense of the above offenses charged or any lesser felony offense charged arising from the same facts and circumstances and committed at the same time as the offenses listed above. Provided, however, that the juvenile court shall maintain original jurisdiction over these lesser included offenses if the grand jury fails to indict for any of the offenses enumerated in subsections (a)(1) to (a)(7), inclusive. The juvenile court shall also maintain original jurisdiction over these lesser included offenses, subject to double jeopardy limitations, if the court handling criminal offenses dismisses all charges for offenses enumerated in subsections (a)(1) to (a)(7), inclusive.
(b) Notwithstanding any other provision of law, any person who has been convicted or adjudicated a youthful offender in a court handling criminal offenses pursuant to this section shall not thereafter be subject to the jurisdiction of juvenile court for any pending or subsequent offense. Provided, however, pursuant to Section 12-15-117, the juvenile court shall retain jurisdiction over an individual of any age for the enforcement of any prior orders of the juvenile court requiring the payment of fines, court costs, restitution, or other money ordered by the juvenile court until paid in full.
(c) This section shall apply to all cases in which the alleged criminal conduct occurred after April 14, 1994. All conduct occurring before April 14, 1994, shall be governed by pre-existing law.
(Acts 1994, No. 94-481, p. 798, §§1-3; Acts 1996, No. 96-571, p. 871, §1; §12-15-34.1; amended and renumbered by Act 2008-277, p. 441, §12; Act 2023-416, §2.)
If delinquency or in need of supervision is alleged, proceedings shall be commenced in the county where the acts constituting the allegation occurred.
(Acts 1975, No. 1205, p. 2384, §5-111; §12-15-35; amended and renumbered by Act 2008-277, p. 441, §12.)
If a child resides in a county of the state and the delinquency or child in need of supervision proceeding is commenced in a juvenile court of another county, the juvenile court in the county in which the proceeding was commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, may transfer the proceeding to the county of the residence of the child for such further action or proceedings as the juvenile court receiving the transfer may deem proper.
A transfer may also be made if the residence of the child changes pending the proceeding.
The proceeding shall be so transferred if the child has been adjudicated delinquent or in need of supervision and other proceedings involving the child are pending in the juvenile court of the county of his or her residence.
Certified copies of all legal and social records pertaining to the case shall accompany the transfer.
(Acts 1975, No. 1205, p. 2384, §5-113; §12-15-36; amended and renumbered by Act 2008-277, p. 441, §12.)
(a) When a child is not released from detention or shelter care as provided in Section 12-15-127, a petition shall be filed and a hearing held within 72 hours of placement in detention or shelter care, Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether or not continued detention or shelter care is required.
(b) Notice of the detention or shelter care hearing, either verbal or written, stating the date, time, place, and purpose of the hearing and the right to counsel shall be given by a juvenile probation officer to the parent, legal guardian, or legal custodian if they can be found and to the child if the child is over 12 years of age .
(c) At the commencement of the detention or shelter care hearing, the juvenile court shall advise the parent, legal guardian, legal custodian, and the parties of the right to counsel and shall appoint counsel if the juvenile court determines they are indigent. The parties shall be informed of the right of the child to remain silent. The parent, legal guardian, legal custodian, and the parties shall also be informed of the contents of the petition and, except as provided herein, shall be given an opportunity to admit or deny the allegations of the petition. Prior to the acceptance of an admission of the allegations of the petition, the juvenile court shall: (1) Verify if the child was previously convicted or adjudicated a youthful offender pursuant to Section 12-15-203 or (2) rule on any motion of the prosecutor requesting the juvenile court to transfer the child for criminal prosecution. The juvenile court shall not accept a plea of guilt or an admission to the allegations of the petition in any case in which the child will be transferred for prosecution as an adult, either by grant of the motion of the prosecutor to transfer or pursuant to Section 12-15-203.
(d) All relevant and material evidence helpful in determining the need for detention or shelter care may be admitted by the juvenile court even though not admissible in subsequent hearings.
(e) If the child is not released and no parent, legal guardian, or other legal custodian has been notified and none appeared or waived appearance at the hearing, upon the filing of an affidavit by the parent, legal guardian, or legal custodian stating these facts and requesting a hearing, the juvenile court shall rehear the matter within 24 hours
(f) If a person 18 years of age or older is alleged to have violated a condition of probation or aftercare after the person was adjudicated to be delinquent, the juvenile court may order that the person be confined in the appropriate jail or lockup for adults as ordered by the juvenile court.
(Acts 1975, No. 1205, p. 2384, §5-123; Acts 1990, No. 90-674, p. 1304, §8; §12-15-60; amended and renumbered by Act 2008-277, p. 441, §12.)
(a) Persons who shall not be detained or confined in secure custody include all of the following:
(1) A status offender, except as further provided in this subdivision and subsection (b).
a. Short-term secure custody of an accused status offender may be necessary, such as detention in a juvenile detention facility, for a brief period not exceeding 24 hours, prior to formal juvenile court action, for investigative purposes, for identification purposes, or for the purpose of allowing return of a status offender to the parent, legal guardian, or legal custodian.
b. Detention for a brief period of time pursuant to juvenile court authority may be necessary in order to arrange for appropriate shelter care placement. If a petition regarding an alleged status offender is filed in juvenile court and if it is determined that the alleged status offender is at imminent risk of being placed in the legal or physical custody of the Department of Human Resources, the case shall be referred to the county children’s services facilitation team, and the procedures in Article 5 shall be followed. Upon referral to the county children’s services facilitation team, the juvenile probation officer shall continue to provide case management to the status offender unless the county children’s services facilitation team appoints another person to act as case manager. The juvenile probation officer shall participate in county children’s services facilitation team meetings and share records, information, and reports on the status offender with the county children’s services facilitation team.
(2) A federal ward who is held beyond 24 hours in secure custody in a state or local juvenile detention facility pursuant to a written contract or agreement with a federal agency and for the specific purpose of affecting a jurisdictional transfer, for appearance as a material witness, or for return to his or her lawful residence or country of citizenship shall be reported as a violation of the deinstitutionalization of status offender requirement.
(3) A nonoffender.
(4) A child 10 years of age or younger, unless the child is charged with an offense causing death or serious bodily injury to a person or an offense that would be classified as a Class A felony if committed by an adult.
(5) A child 11 or 12 years of age, unless: (i) the child is charged with an offense causing death or serious bodily injury to a person or an offense that would be classified as a Class A felony if committed by an adult; or (ii) by order of a juvenile court.
(b) Persons who may be detained or confined in secure custody include all of the following:
(1) A person who violates the federal law that prohibits possession of a handgun by a child under 18 years of age or who violates a similar state or municipal law. A person under this subdivision may be placed in a juvenile detention facility.
(2) A person in custody pursuant to the Interstate Compact for Juveniles, contained in Section 44-2-10. A person under this subdivision may be placed in juvenile detention facilities.
(3) A status offender who violates a valid court order.
a. A status offender who is charged with or has committed a violation of a valid court order may be detained in secure custody in a juvenile detention facility for up to 72 hours for a first violation and up to seven days for a second or subsequent violation upon issuance of a written detention order that complies with 34 U.S.C. § 11133(a)(23)(C)(iii).
b. A status offender who violates a valid court order shall not be committed to the Department of Youth Services nor held in a jail or lockup for adult offenders.
c. For this valid court order exception to apply, the following actions must occur when a status offender is taken into custody for violating a valid court order:
The juvenile detention facility shall immediately notify the juvenile court intake or probation officer that the child is being held in secure custody for violating a valid court order. The notice shall include the date and time the child entered the juvenile detention facility.
Within the first 24 hours during which a status offender is held in secure custody, not including weekends or holidays, a juvenile court intake or probation officer, or an authorized representative of the department or agency having custody or supervision of the child, shall interview the child in person.
Within 48 hours of the admission of the status offender to secure custody, not including weekends or holidays:
(i) The individual who interviewed the child shall submit a written assessment report to the juvenile court regarding the immediate needs of the child; and
(ii) If the juvenile court has not yet determined whether the child has violated the order, the juvenile court shall conduct a hearing to determine whether there is reasonable cause to believe that the child violated the order and the appropriate placement of the child pending disposition of the alleged violation.
(c) No person under 18 years of age shall be detained or confined in any jail or lockup for adults except as follows:
(1) For up to six hours while processing the case of the child.
(2) If the child is transferred for criminal prosecution pursuant to Section 12-15-203.
(3) If the child is charged pursuant to Section 12-15-204.
(d)(1) When a case is transferred to another court for criminal prosecution under subdivision (c)(2), the person shall be transferred to the appropriate officer or jail or lockup in accordance with the law governing the detention of the person charged with the crime. A jail or lockup used for holding adults shall not hold a status offender in secure custody at any time. An accused status offender may be detained in a nonsecure area of a jail or lockup for processing while waiting for transportation to a nonsecure shelter care facility or a juvenile detention facility or while waiting for release to a parent, legal guardian, or legal custodian.
(2) Nothing in this section shall prohibit a circuit court judge exercising criminal jurisdiction from ordering that a child described in subdivision (c)(2) or (3) should be placed in a juvenile detention center instead of an adult jail or lockup.
(e)(1) An accused or adjudicated delinquent child or a status offender shall not have contact with adult inmates, including trustees. “Contact” is defined as any physical or sustained sight and sound contact. “Sight contact” is defined as clear visual contact between adult inmates and an accused or adjudicated delinquent child or a status offender within close proximity to each other. “Sound contact” is defined as direct verbal communication between adult inmates and an accused or adjudicated delinquent child or a status offender.
(2) No child shall enter pursuant to public authority, for any amount of time, in secure custody in a secure section of a jail, lockup, or correctional facility for adults as a disposition of an offense or as a means of modifying his or her behavior.
(f) Except as provided in this section, in providing detention and shelter or other care for a child referred to or coming under the jurisdiction of the juvenile court, the juvenile court shall only use a facility that has been established, licensed, or approved by the Department of Youth Services or Department of Human Resources for those purposes.
(g) Except as provided in this section, the official in charge of a jail or lockup for the detention of adult offenders or persons charged with crimes shall inform the juvenile court immediately when a child, who is or appears to be a child as defined by this chapter, is received at the jail or lockup. Upon request, the official shall deliver the child to the juvenile court or transfer him or her to a juvenile detention facility designated by the juvenile court.
(h) The Department of Youth Services shall continue to develop and implement a statewide system of juvenile detention facilities that shall be licensed by the Department of Youth Services for the detention of children.
(i) The Department of Youth Services shall subsidize the detention of children in the juvenile detention facilities in an amount up to one half the average cost of detention. The amount of the subsidy shall depend on the funds appropriated by the Legislature to the Department of Youth Services. Juvenile detention facilities may contract with the Department of Youth Services or other counties for the detention of children.
(j) Any law enforcement officer, at the direction of the juvenile court, shall provide security and transportation services for the juvenile court in transporting children to and from juvenile detention facilities and the Department of Youth Services.
(Acts 1975, No. 1205, p. 2384, §5-122; Acts 1990, No. 90-674, p. 1304, §9; Acts 1991, No. 91-634, p. 1192, §1; Acts 1996, No. 96-570, p. 864, §1; §12-15-61; amended and renumbered by Act 2008-277, p. 441, §12; Act 2024-305, §1; Act 2025-422, §2.)
(a) No person under the age of 18 years, including one who has been transferred for criminal prosecution pursuant to Section 12-15-203 or charged pursuant to Section 12-15-204, shall be detained or confined in any facility under the control of the Department of Corrections unless the facility is fully compliant with the sight and sound separation requirements in subsection (d) of Section 12-15-208. The use of solitary confinement or other practice resulting in extended isolation as a method of complying with subsection (d) of Section 12-15-208 shall be prohibited.
(b) The implementation of this section shall be contingent on funds being appropriated to accomplish this provision.
(Act 2015-185, §17.)
(a) When the juvenile court finds that full-time detention or shelter care of a child is not required, the juvenile court shall order the release of the child, and in so doing, may impose one or more of the following conditions:
(1) Place the child in the custody of a parent, legal guardian, legal custodian, or any other person whom the juvenile court deems proper, or place the child with a department, agency, or organization agreeing to supervise the child.
(2) Place restrictions on the travel, association, or place of abode of the child during the period of his or her release, or place the child under electronic or telephone monitoring, if available.
(3) Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining children specified in Section 12-15-128, including a condition requiring that the child return to custody as required.
(b) An order releasing a child on any conditions specified in subsection (a) may at any time be amended to impose additional or different conditions of release or to return the child to custody for failure to conform to the conditions originally imposed.
(Acts 1975, No. 1205, p. 2384, §5-123; Acts 1990, No. 90-674, p. 1304, §10; Act 98-372, p. 677, §1; §12-15-62; amended and renumbered by Act 2008-277, p. 441, §12.)
(a) In delinquency and child in need of supervision cases, a child and his or her parent, legal guardian, or legal custodian shall be advised by the juvenile court or its representative at intake that the child has the right to be represented at all stages of the proceedings by a child’s attorney retained by them or, if they are unable to afford a child’s attorney, by a child’s attorney appointed by the juvenile court.
(b) If a child’s attorney is not retained by the child or a party in a juvenile court proceeding in which there is a reasonable likelihood such may result in a placement in an institution in which the freedom of the child is curtailed, a child’s attorney shall be appointed to defend the child.
(c) In delinquency and child in need of supervision proceedings, a juvenile court may appoint a guardian ad litem in addition to the child’s attorney described in this section.
(d) The juvenile court may appoint counsel in any case when it deems such in the interests of justice.
(Acts 1975, No. 1205, p. 2384, §5-124; §12-15-63; amended and renumbered by Act 2008-277, p. 441, §12.)
(a) The juvenile court may suspend delinquency or child in need of supervision proceedings pursuant to a consent decree. The terms and conditions of the consent decree shall be agreed to by the child and his or her parent, legal guardian, or legal custodian. The consent decree shall be entered at any time after the filing of a delinquency or child in need of supervision petition and before the entry of an adjudication order. The child and his or her parent, legal guardian, or legal custodian shall be advised of their rights, including the right to counsel.
(b) Where an objection is made by the prosecutor, the juvenile court, after considering the objection and the reasons therefor, shall proceed to determine whether it is appropriate to enter a consent decree.
(c) A consent decree shall remain in force for six months unless the child is discharged sooner by the juvenile court. Upon application of a juvenile probation officer or other department or agency supervising the child, made before the expiration of the six-month period, a consent decree may be extended by the juvenile court for an additional six months.
(d) If prior to discharge by the juvenile probation officer or expiration of the consent decree, a new delinquency or child in need of supervision petition is filed against the child, or the child otherwise fails to fulfill express terms and conditions of the decree, the petition under which the child was continued under supervision may be reinstated after a hearing and the case may proceed to adjudication.
(e) Upon satisfaction by the child of the conditions of the consent decree or upon the child being otherwise discharged by the juvenile court, the petition shall be dismissed with prejudice.
(Acts 1975, No. 1205, p. 2384, §5-130; §12-15-64; amended and renumbered by Act 2008-277, p. 441, §12.)
(a) If the allegations are denied, the juvenile court shall proceed to hear evidence on the petition. If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material, and relevant evidence, that the child committed the acts by reason of which the child is alleged to be delinquent or in need of supervision, the juvenile court shall record its findings and proceed to determine whether the child is in need of care or rehabilitation. If the juvenile court finds that the allegations in the petition have not been established, the juvenile court shall dismiss the petition and order the child discharged from any detention or temporary care, theretofore ordered in the proceedings.
(b) If the child admits to the allegations contained in the petition, the juvenile court shall record its findings and proceed to determine whether the child is in need of care or rehabilitation.
(c) When the allegations have been proven pursuant to subsections (a) or (b), the juvenile court may proceed immediately to hear evidence as to whether the child is in need of care or rehabilitation and to file its findings thereon. In the absence of evidence to the contrary, a finding that the child has committed an act that constitutes a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation. If the juvenile court finds that the child is not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any detention or other temporary care. If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that the child is in need of care or rehabilitation in the absence of objection showing good cause or at a postponed hearing, the juvenile court may make proper disposition of the case.
(d) In dispositional hearings, all relevant and material evidence helpful in determining the questions presented, including verbal and written reports, may be received by the juvenile court and may be relied upon to the extent of its probative value, even though not competent in a hearing on the petition. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports.
(e) On its own motion or that of a party, the juvenile court may continue the dispositional hearing for a reasonable period to receive reports and other evidence bearing on the disposition or need for care or rehabilitation. In this event, the juvenile court shall make an appropriate order for detention or temporary care for the child, or the release of the child from detention or temporary care during the period of the continuance, subject to those conditions as the juvenile court may impose.
(Act 2008-277, p. 441, §13.)
(a) A child charged with a delinquent act or who is alleged to be in need of supervision shall be accorded the rights and privileges afforded by the Constitution of the United States and the Constitution of Alabama of 1901.
(b) An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence over objection. Evidence illegally seized or obtained may not be received in evidence over objection to establish the allegations against the child. An extrajudicial admission or confession made by the child out of court is insufficient to support a finding that the child committed the acts alleged in the petition unless it is corroborated by other evidence.
(c) Criminal proceedings and other juvenile proceedings based upon the offense alleged in the petition or an offense based upon the same conduct are barred where the juvenile court has begun taking evidence or where the juvenile court has accepted from the child a plea of guilty to the petition.
(Acts 1975, No. 1205, p. 2384, §5-126; §12-15-66; amended and renumbered by Act 2008-277, p. 441, §14.)
The juvenile court may direct that a juvenile probation officer conduct a study and submit a written report to the juvenile court with recommendations concerning a child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case. The recommendations may indicate that the child needs further mental health evaluation, especially, in some cases, for the purpose of determining whether the child is competent to stand trial. The recommendations may also include a request that the juvenile court proceed pursuant to Section 12-15-130.
(Acts 1975, No. 1205, p. 2384, §5-127; §12-15-69; amended and renumbered by Act 2008-277, p. 441, §14.)
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material, and relevant evidence, that a child committed the acts by reason of which the child is alleged to be delinquent or in need of supervision, the court may proceed immediately to hear evidence as to whether the child is in need of care or rehabilitation and record its findings. In the absence of evidence to the contrary, a finding that the child has committed a felony is sufficient to sustain a finding that the child is in need of care or rehabilitation.
(b) If the juvenile court finds that the child is not in need of care or rehabilitation, the court shall dismiss the proceedings and discharge the child from any detention or other temporary care theretofore ordered.
(c) If the juvenile court finds that the child is in need of care or rehabilitation, the court may order any of the following, subject to the limitations and prohibitions on secure custody contained in Section 12-15-208:
(1) That the child shall remain with the parent, legal guardian, or legal custodian, subject to the conditions and limitations prescribed by the juvenile court.
(2) That the child shall be placed on probation pursuant to conditions and limitations prescribed by the juvenile court.
(3) That the legal and physical custody of the child shall be transferred to any of the following:
a. In the case of a delinquent child, the Department of Youth Services, with or without an order to a specific institution.
b. In the case of a child in need of supervision, the Department of Youth Services or the Department of Human Resources. The child’s commission of one or more status offenses shall not constitute a sufficient basis for transfer of legal or physical custody to the Department of Human Resources.
Prior to any transfer of custody to the Department of Human Resources, the case shall first be referred to the county children’s services facilitation team, which must proceed according to Article 5.
Upon referral to the county children’s services facilitation team pursuant to subparagraph 1., the juvenile probation officer shall continue to provide case management to the status offender unless the county children’s services facilitation team appoints another person to act as case manager.
The juvenile probation officer shall participate in county children’s services facilitation team meetings and share records, information, and reports on the status offender with the county children’s services facilitation team.
c. A local, public, or private agency, organization, or facility that is licensed or otherwise authorized by law to receive and provide care for children and willing and able to assume the education, care, and maintenance of the child.
d. A relative or other individual who is found by the juvenile court to be qualified to receive and care for the child during the term of supervision.
(4) That the parent, legal guardian, or legal custodian of the child perform reasonable acts as are deemed necessary to promote the best interests of the child.
(5) Any other order the juvenile court determines to be appropriate for the welfare and best interests of the child, including random drug screens, assessment of fines not to exceed two hundred fifty dollars ($250), and restitution against the parent, legal guardian, legal custodian, or child. Costs for juvenile court-ordered drug screening may be ordered to be paid by the state out of monies appropriated as “court costs not otherwise provided for.” Restitution against the parent, legal guardian, or legal custodian shall be governed by the same principles applicable in the Restitution to Victims of Crime Act, commencing with Section 15-18-65. Restitution against the child shall be governed by the same principles applicable in Rule 26.11 of the Alabama Rules of Criminal Procedure.
(d) In any case where a child is adjudicated delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, the pistol, short-barreled rifle, or short-barreled shotgun possessed by that child shall be forfeited and the juvenile court shall order its destruction.
(e) When the juvenile court transfers legal and physical custody of a child to the Department of Human Resources as provided by paragraph (c)(3)b., all requirements that shall be met for a child to be eligible for federal funding shall apply, including, but not limited to, the requirements set out in Sections 12-15-312, 12-15-315, and 12-15-317.
(f) No child by virtue of a disposition pursuant to this section shall be committed or transferred to a penal institution or other facility used for the execution of sentences of persons convicted of a crime.
(g) No child in need of supervision, unless also a delinquent child, shall be ordered to be placed in an institution or facility established for the care and rehabilitation of delinquent children unless the juvenile probation officer submits a written recommendation and the juvenile court, upon a further hearing, finds that the child is not amenable to treatment or rehabilitation pursuant to any prior disposition. In making its determination, the juvenile court shall consider evidence of the following and other relevant factors, which shall be included in the written recommendations of the juvenile probation officer:
(1) Prior treatment efforts, including, but not limited to, any mental health counseling, individualized service plans, individualized education plans, and other education records.
(2) The age of the child.
(3) The history of the child’s involvement with the juvenile court, including, but not limited to, informal adjustments, consent decrees, adjudications, prior diversion programs, and prior placements.
(4) Other factors contributing to the behavioral difficulties of the child.
(h) When a delinquent child meets the criteria for commitment to the Department of Mental Health, the juvenile court shall proceed as provided in Article 4.
(i) When the juvenile court issues an order transferring legal custody of a child to the Department of Youth Services, within 10 business days of the date the order is input into the State Judicial Information System pursuant to Rule 58(c) of the Alabama Rules of Civil Procedure, a juvenile probation officer shall send a copy of the order and the information required by Rule 950-2-2-.01 of the Alabama Administrative Code regarding the care and treatment of the child. Upon receipt of the order and information provided by the juvenile probation officer, if the child is detained in a juvenile detention facility, the Department of Youth Services shall notify the county commission responsible for the cost of the detention of the child that legal custody of the child has been transferred to the Department of Youth Services.
(j) When a child is placed in the legal custody of a department, agency, organization, entity, or person as provided in this section, and the parent, legal guardian, or legal custodian of the child has resources for child support, the juvenile court shall order child support in conformity with the child support guidelines as set out in Rule 32, Alabama Rules of Judicial Administration. The child support shall be paid to the department, agency, organization, entity, or person in whose legal custody the child is placed and may be expended for those matters that are necessary for the welfare and well-being of the child. In these cases, the juvenile court shall issue income withholding orders subject to state law.
(k)(1) When the juvenile court issues an order transferring legal custody to the Department of Youth Services, the Department of Youth Services shall accept the child for commitment within 12 business days of receipt of the order and the information required by Rule 950-2-2-.01 of the Alabama Administrative Code.
(2) Notwithstanding subdivisions (1) and (4), if compliance with the order of the juvenile court would place the Department of Youth Services in violation of a state or federal statute or standard, the department may choose not to accept the child.
(3) If the Department of Youth Services does not accept the child within the prescribed number of days as provided in subdivision (1) or (4), the Department of Youth Services shall reimburse the county commission responsible for the cost of the detention of the child for expenses incurred by the county each day after the day the Department of Youth Services is required to accept the child for commitment, including, but not limited to, medical, dental, and mental health costs.
(4) Notwithstanding subdivisions (1) through (3), between October 1, 2024, and September 30, 2025, when the juvenile court issues an order transferring legal custody to the Department of Youth Services, the Department of Youth Services shall accept a child for commitment within 16 business days of receipt of the order and information required by Rule 950-2-2-.01 of the Alabama Administrative Code regarding the care and treatment of the child.
(Acts 1975, No. 1205, p. 2384, §5-131; Acts 1990, No. 90-674, p. 1304, §12; Acts 1991, No. 91-553, p. 1021, §1(1), (2); Acts 1993, No. 93-256, p. 367, §1; Acts 1996, No. 96-570, p. 864, §1; Acts 1996, No. 96-769, p. 1355, §§1, 2; Acts 1997, No. 97-621, p. 1087, §1; §12-15-71; amended and renumbered by Act 2008-277, p. 441, §14; Act 2024-305, §1.)
The Legislature reaffirms its belief that juvenile court records, in general, should be confidential. However, it is the intent of the Legislature by Act 99-433, 1999 Regular Session, to provide for limited exceptions to juvenile court record confidentiality to promote more effective communication among juvenile courts, law enforcement agencies, and schools to aid in the rehabilitation of children as well as to lessen the potential for drug use, violence, and other forms of delinquency.
(Act 99-433, p. 792, §2; §12-15-104; amended and renumbered by Act 2008-277, p. 441, §14.)
AMENDED BY ACT 2026-305, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) Notwithstanding subsection (a) of Section 12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has been found delinquent of an act which if committed by an adult would be a Class A or B felony or any other crime, at the discretion of the juvenile court, shall be provided within seven days to the superintendent of the school district of attendance, or, if the child attends a private school, to the principal of the school. The juvenile court shall provide the notice using whatever method it deems appropriate or otherwise as decided by the Administrative Office of Courts. The prosecutor may recommend to the juvenile court that notice be given to the school for any delinquent act. Written notice shall include only the offenses, enumerated by the appropriate code section and brief description, found to have been committed by the child and the disposition of the case involving the child. Where applicable, this notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the child. In addition, the principal may disseminate the information to any teacher, administrator, or other school employee directly supervising or reporting on the behavior or progress of the child whom the principal believes needs the information to work with the pupil in appropriate fashion or to protect other students and staff.
(b) Any information received by a teacher, counselor, administrator, or other school employee pursuant to this section shall be received in confidence for the limited purpose of rehabilitating the child and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the child, his or her parent, legal guardian, legal custodian, law enforcement personnel, and the juvenile probation officer of the child is necessary to effectuate the rehabilitation of the child or to protect students and staff.
(c) An intentional violation of the confidentiality provisions of this section is a Class A misdemeanor under the jurisdiction of the juvenile court.
(Act 99-433, p. 792, §4; §12-15-105; amended and renumbered by Act 2008-277, p. 441, §14.)
(a) In all cases where a child has been granted probation, the juvenile court, as a condition of granting probation to the child, may order the parent, legal guardian, or legal custodian of the child, if he or she is made a party to the proceedings, to assist the juvenile court in ensuring that the child complies with the terms of his or her probation.
(b) Prior to granting probation, the juvenile court shall explain to the parent, legal guardian, or legal custodian and the child the terms of his or her probation, including the responsibility and the penalty which may be imposed on all parties for failure to comply with the terms of the probation.
(c) A parent, legal guardian, or legal custodian, who after being made a party fails to assist the child in complying with the terms of the probation, may be held in civil or criminal contempt of court, or both.
(d) This section shall not apply to the parent, legal guardian, or legal custodian of a child who initiated a case by filing a petition alleging delinquency of the child.
(Acts 1996, 96-538, p. 754, §§1, 2; §12-15-11.1; amended and renumbered by Act 2008-277, p. 441, §14.)
(a) The juvenile court may find a child to be a serious juvenile offender if:
(1) The child is adjudicated delinquent and the delinquent act or acts charged in the petition would constitute any of the following if committed by an adult:
a. A Class A felony.
b. A felony resulting in serious physical injury as defined in subdivision (14) of Section 13A-1-2.
c. A felony involving deadly physical force as defined in subdivision (6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2; or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2.
(2) The child has been adjudicated delinquent for an act which would constitute a Class A or B felony or burglary in the third degree involving a residence and the child has previously been adjudicated delinquent of two previous acts which would have been a Class A or B felony or burglary in the third degree involving a residence if the acts had been committed by an adult.
(b) A child found to be a serious juvenile offender shall be committed to the custody of the Department of Youth Services, where he or she shall remain for a minimum of one year.
(c) A serious juvenile offender review panel shall be created by the Board of the Department of Youth Services. The serious juvenile offender review panel shall review quarterly the progress of each serious juvenile offender and determine at the end of the one-year term served by each child, a further treatment plan for that child. The panel may extend the commitment, order alternative treatment, or release the child. The serious juvenile offender review panel shall provide the juvenile court with all reports and recommendations, and notify the judge in writing of the decision to release the child at least 30 days in advance of the release.
(d) The Department of Youth Services shall maintain and staff a separate, secure facility and implement programs for serious juvenile offenders. The minimum one-year term required by this section shall be served at the facility and the review panel may extend the period of confinement in the facility as determined necessary.
(e) Nothing in this section shall be construed to prevent the juvenile court from transferring a child for criminal prosecution pursuant to Section 12-15-203.
(Acts 1990, No. 90-674, p. 1304, §13; §12-15-71.1; amended and renumbered by Act 2008-277, p. 441, §14.)
(a) An order of disposition or other adjudication in a proceeding pursuant to subsection (a) of Section 12-15-114 shall not be considered to be a conviction or impose any civil disabilities ordinarily resulting from a conviction of a crime or operate to disqualify the child in any civil service application or appointment.
(b) The disposition of a child and evidence given in a hearing in the juvenile court shall not be admissible as evidence against him or her in any case or proceeding in any other court, whether before or after reaching majority, except in a dispositional hearing in a juvenile court or in sentencing proceedings after conviction of a crime for the purposes of a presentence study and report or for consideration of an application for youthful offender status.
(Acts 1975, No. 1205, p. 2384, §5-132; §12-15-72; amended and renumbered by Act 2008-277, p. 441, §14.)
(a) An order awarding legal custody or an order of probation made by the juvenile court in the case of a child may be modified, revoked, or extended on motion by:
(1) A child, whose legal custody has been transferred to a department, institution, agency, or person, requesting the juvenile court for a modification or termination of the order, alleging that the child is no longer in need of placement or probation and the department, institution, agency, or person has denied application for release of the child or has failed to act upon the application within a reasonable time; or
(2) A department, institution, agency, or person vested with legal custody or responsibility for probation, requesting the juvenile court for a modification, an extension, or a termination of the order on the grounds that the action is in the best interests of the child or necessary to safeguard the welfare of the child or the public interest.
(b) The juvenile court may dismiss the motions filed pursuant to subsection (a) if, after preliminary investigation, it finds that they are without substance. If the juvenile court is of the opinion that the order should be reviewed, upon due notice to all necessary parties as prescribed by rules of court, it may proceed to a hearing in the same manner and under the same safeguards provided for in this chapter for the issuance of the original order. It may thereupon terminate the order if it finds the child is no longer in need of care or rehabilitation or it may enter an order extending or modifying the original order if it finds this action necessary to safeguard the child or the public interest.
(Acts 1975, No. 1205, p. 2384, §5-134; §12-15-74; amended and renumbered by Act 2008-277, p. 441, §14.)
For purposes of this article, the following words and phrases shall have the following meanings:
(1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a child by a parent, or a withholding from the child, without good cause or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or the opportunity for the display of filial affection, or the failure to claim the rights of a parent, or failure to perform the duties of a parent.
(2) AGE APPROPRIATE or DEVELOPMENTALLY APPROPRIATE. Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group and, in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.
(3) CAREGIVER. An individual 21 years of age or older, other than a parent, legal guardian, or legal custodian of a child who is an approved foster parent and who is a relative of the child and has been providing care and support for the child while the child has been residing in the home of the caregiver for at least the last six consecutive months while in the legal custody of the Department of Human Resources or a designated official for a child-placing agency or a successor guardian.
(4) CHILD ABUSE. Harm or the risk of harm to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation or attempted sexual exploitation.
(5) CHILD-PLACING AGENCY. The same as the term is defined in subdivision (3) of Section 38-7-2.
(6) ELIGIBLE CHILD. In addition to the definition of child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has been residing with the caregiver for at least the last six consecutive months while in the legal custody of the Department of Human Resources.
(7) FORENSIC INTERVIEW. A developmentally sensitive and legally sound method of gathering factual information regarding allegations of abuse or exposure to violence, conducted by a neutral professional utilizing research and practice-informed techniques as part of a larger investigative process.
An individual conducting forensic interviews shall have completed specialized forensic interview training that includes, but is not limited to, the following:
a. A minimum of 32 hours of instruction and practice in forensic interviewing.
b. Training in evidence-supported interview protocols.
c. Pre-testing and post-testing that reflects understanding of the principles of legally sound forensic interviewing.
d. Training in child development, question design, implementation of interview protocols, dynamics of abuse, disclosure process, cultural competency, and sensitivity.
e. Training including a practice component that is subject to a standardized review process.
f. Required reading of current articles specifically pertaining to the practice of forensic interviewing.
(8) KINSHIP GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity of a parent, legal guardian, or legal custodian, or other dependency reasons, with the intent to raise the child to adulthood, and who is appointed the kinship guardian of the child by a juvenile court. A kinship guardian shall be responsible for the care and protection of the child and for providing for the health, education, and maintenance of the child.
(9) NEGLECT. Negligent treatment or maltreatment of a child, including, but not limited to, the failure to provide adequate food, medical treatment, supervision, education, clothing, or shelter.
(10) PARENTAL INCAPACITY. Abandonment or incapacity of such a serious nature as to demonstrate that the parent, legal guardian, or legal custodian is unable, unavailable, or unwilling to perform the regular and expected functions of care and support of the child.
(11) PROTECTIVE SUPERVISION. A legal status created by order of the juvenile court following an adjudication of dependency whereby a child is placed with a parent or other person subject to supervision by the Department of Human Resources.
(12) REASONABLE AND PRUDENT PARENT STANDARD. The standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child, while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, and social activities.
(13) REASONABLE EFFORTS. Efforts made to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from his or her home, and to make it possible for a child to return safely to his or her home. Reasonable efforts also refers to efforts made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanency placement of the child. In determining the reasonable efforts to be made with respect to a child, and in making these reasonable efforts, the health and safety of the child shall be the paramount concern.
(14) RELATIVE. An individual who is legally related to the child by blood, marriage, or adoption within the fourth degree of kinship, including only a brother, sister, uncle, aunt, first cousin, grandparent, great grandparent, great-aunt, great-uncle, great great grandparent, niece, nephew, grandniece, grandnephew, or a stepparent.
(15) SEXUAL ABUSE. Sexual abuse includes the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any person to engage in, any sexually explicit conduct or any simulation of the conduct for the purpose of producing any visual depiction of the conduct. Sexual abuse also includes rape, molestation, prostitution, or other forms of sexual exploitation or abuse of children, or incest with children, as those acts are defined in this article or by Alabama law.
(16) SEXUAL EXPLOITATION. Sexual exploitation includes allowing, permitting, or encouraging a child to engage in prostitution and allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child.
(17) SUCCESSOR GUARDIAN. A person or persons named in a kinship guardianship assistance agreement, or any amendments thereto, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity of a kinship guardian. The successor guardian may be unrelated to the child.
(18) TERMINATION OF PARENTAL RIGHTS. A severance of all rights of a parent to a child.
(Act 2008-277, p. 441, §16; Act 2010-712, p. 1744, §13; Act 2016-129, p. 290, §1; Act 2019-381, §1.)
(a) Dependency proceedings shall be commenced in the county where the child resides, in the county where the child is present when the proceedings are commenced, or in the county where the acts that are the basis of the dependency petition occurred.
(b) Regardless of the county where the child currently resides, when a petition is filed seeking to modify an award of custody or visitation pursuant to an adjudication of dependency, and one of the individuals who was a party to the original proceeding still resides in the county of the juvenile court of original jurisdiction, the petition shall be filed in the juvenile court of the original jurisdiction.
(c) When a petition is filed seeking to modify an award of custody or visitation pursuant to an adjudication of dependency in which all parties to the original action, including the child, no longer reside in the county of original jurisdiction, the petition shall be filed in the county where the child resides at the time the petition is filed. The petition shall be accompanied by a certified copy of the most recent order to be modified.
(d) For purposes of this section, county where the child resides means the county in which the child and legal custodian have established legal residence or have resided for six or more months of a calendar year. This term shall not include placements by a state department or agency.
(Act 2008-277, p. 441, §16.)
(a) If a dependency proceeding is commenced in a county other than the county of the residence of the child, the juvenile court in which the proceedings were commenced, on its own motion or a motion of a party and after consultation with the receiving juvenile court, may transfer the proceeding before or after adjudication to the county of the residence of the child for the purpose of adjudication, disposition, supervision, or review as mandated by federal and state law for children in foster care or in the custody of the state, or any combination thereof.
(b) For purposes of this section, county of the residence of the child means the county in which the child and legal custodian have established legal residence or have resided for six or more months of a calendar year. This term shall not include placements by a state department or agency.
(c) Certified copies of all legal and social records pertaining to the case shall accompany the transfer.
(Act 2008-277, p. 441, §16.)
(a) In all dependency and termination of parental rights proceedings, the juvenile court shall appoint a guardian ad litem for a child who is a party to the proceedings and whose primary responsibility shall be to protect the best interests of the child.
(b) The duties of the guardian ad litem include, but shall not be limited to, the following:
(1) Irrespective of the age of the child, meet with the child prior to juvenile court hearings and when apprised of emergencies or significant events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable to the child, what is expected to happen before, during, and after each juvenile court hearing.
(2) Conduct a thorough and independent investigation.
(3) Advocate for appropriate services for the child and the family.
(4) Attend all juvenile court hearings scheduled by the juvenile court and file all necessary pleadings to facilitate the best interests of the child.
(c) Before being appointed by the juvenile court, every guardian ad litem appointed in juvenile dependency or termination of parental rights cases shall receive training appropriate to their role.
(d) Nothing in this section shall prohibit the juvenile court from appointing trained volunteers in addition to guardians ad litem in promoting the best interests of the child.
(e) A guardian ad litem may be appointed to protect the best interests of more than one child of the same parent. A guardian ad litem also may be appointed to protect the best interests of both a minor (or otherwise incapacitated) parent and the child.
(Acts 1975, No. 1205, p. 2384, §5-138; §12-15-8; amended and renumbered by Act 2008-277, p. 441, §17.)
(a) Upon request and a finding of indigency, the juvenile court may appoint an attorney to represent the petitioner and may order recoupment of the fees of the attorney to be paid to the State of Alabama.
(b) In dependency and termination of parental rights cases, the respondent parent, legal guardian, or legal custodian shall be informed of his or her right to be represented by counsel and, if the juvenile court determines that he or she is indigent, counsel shall be appointed where the respondent parent, legal guardian, or legal custodian is unable for financial reasons to retain his or her own counsel.
(Act 2008-277, p. 441, §18.)
(a) A child may be removed by a law enforcement officer from the custody of a parent, legal guardian, or legal custodian if there are reasonable grounds to believe any of the following:
(1) The child is suffering from an illness or injury or is in imminent danger from the surroundings of the child and that the removal of the child is necessary for the protection of the health and safety of the child.
(2) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(b) The person removing the child shall immediately deliver the child to the Department of Human Resources.
(Act 2008-277, p. 441, §18.)
Relative caregivers, preadoptive parents, and foster parents of a child in foster care under the responsibility of the state shall be given notice, verbally or in writing, of the date, time, and place of any juvenile court proceeding being held with respect to a child in their care.
Foster parents, preadoptive parents, and relative caregivers of a child in foster care under the responsibility of the state have a right to be heard in any juvenile court proceeding being held with respect to a child in their care.
No foster parent, preadoptive parent, and relative caregiver of a child in foster care under the responsibility of the state shall be made a party to a juvenile court proceeding solely on the basis of this notice and right to be heard pursuant to this section.
(Act 2008-277, p. 441, §18.)
(a) When a child alleged to be dependent has been removed from the custody of the parent, legal guardian, or legal custodian and has not been returned to same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays, and holidays included, to determine whether continued shelter care is required.
(b) Notice of the 72-hour hearing requirement, either verbal or written, stating the date, time, place, and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian, or legal custodian if he or she can be found.
(c) At the commencement of the 72-hour hearing requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian of the right to counsel and shall appoint counsel if the juvenile court determines he or she is indigent. If the juvenile court already has not done so, it shall appoint a guardian ad litem for a child who is a party to the proceeding. It is the responsibility of the guardian ad litem to present evidence supporting the best interests of the child. The parent, legal guardian, or legal custodian shall also be informed of the contents of the petition and, except as provided herein, shall be given an opportunity to admit or deny the allegations of the petition.
(d) All relevant and material evidence helpful in determining the need for shelter care may be admitted by the juvenile court, even though not admissible in subsequent hearings.
(e) If the child is not released and no parent, legal guardian, or other legal custodian has been notified and none appeared or waived appearance at the hearing, upon the filing of an affidavit by the parent, legal guardian, or legal custodian stating these facts and requesting a hearing, the juvenile court shall hear the matter within 24 hours.
(f) If the child is not released, the juvenile court, at the earliest opportunity in the case, including the 72-hour hearing requirement or the adjudicatory hearing, may order the parent, legal guardian, or legal custodian to provide a list of names and, if possible, addresses and telephone numbers, of known paternal and maternal relatives to the juvenile court.
(Act 2008-277, p. 441, §18.)
(a) When the juvenile court finds that continued shelter care is not required for a child, the juvenile court shall order the return of the child, and in so doing, may impose one or more of the following conditions singly or in combination:
(1) Return the child to the custody of the parent, legal guardian, or legal custodian and, if necessary, place the child under the supervision of the Department of Human Resources.
(2) Place restrictions on travel, associations, or living conditions of the child pending the adjudicatory hearing.
(b) An order releasing a child on any conditions specified may at any time be amended to impose additional or different conditions.
(Act 2008-277, p. 441, §18.)
(a) An adjudicatory hearing is a hearing at which evidence is presented for a juvenile court to determine if a child is dependent. At the commencement of the hearing, if the parties are not represented by counsel, they shall be informed of the specific allegations in the petition. The parties shall be permitted to admit or deny the allegations prior to the taking of testimony.
(b) If the allegations are denied by the parties or if they fail to respond, the juvenile court shall proceed to hear evidence on the petition. The juvenile court shall record its findings on whether the child is dependent. If the juvenile court finds that the allegations in the petition have not been proven by clear and convincing evidence, the juvenile court shall dismiss the petition.
(c) A statement made by a child under the age of 12 describing any act of child abuse committed against the child, if it is not otherwise admissible by statute or court rule, is admissible only in dependency cases brought by the State of Alabama acting by and through a local department of human resources if both of the following are true:
(1) The statement was made to a social worker, therapist, counselor, licensed psychologist, physician, or school or kindergarten teacher or instructor, or during a forensic interview.
(2) The juvenile court finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability. In making its determination, the juvenile court may consider the physical and mental age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, and any other factor deemed appropriate.
(d) A statement may not be admitted pursuant to this section unless the proponent of the statement makes known to the adverse party the intention of the proponent to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to rebut the statement. This child hearsay exception applies to all hearings involving dependency including, but not limited to, the 72-hour hearing requirement, the adjudicatory hearing, and the dispositional hearing. The exception contained in this subsection shall not apply to a criminal proceeding or charge.
(Act 2008-277, p. 441, §18; Act 2019-381, §1.)
(a) If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that a child is dependent, the juvenile court may proceed immediately, in the absence of objection showing good cause or at a postponed hearing, to make proper disposition of the case.
(b) In dispositional hearings, all relevant and material evidence helpful in determining the best interests of the child, including verbal and written reports, may be received by the juvenile court even though not admissible in the adjudicatory hearing. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports.
(c) On its own motion or that of a party, the juvenile court may continue the dispositional hearing pursuant to this section for a reasonable period to receive reports and other evidence bearing on the disposition or need for care or rehabilitation. In this event, the juvenile court shall make an appropriate order for temporary care for the child, or the release of the child from temporary care during the period of the continuance, subject to those conditions as the juvenile court may impose.
(Act 2008-277, p. 441, §18.)
(a) When the juvenile court enters an order removing a child from his or her home and places the child into foster care or custody of the Department of Human Resources pursuant to this chapter, the order shall contain specific findings, if warranted by the evidence, within the following time periods while making child safety the paramount concern:
(1) In the first order of the juvenile court that sanctions the removal, whether continuation of the residence of the child in the home would be contrary to the welfare of the child. This order may be the pick-up order that the juvenile court issues on the filing of a dependency petition.
(2) Within 60 days after the child is removed from the home of the child, whether reasonable efforts have been made to prevent removal of the child or whether reasonable efforts were not required to be made.
(3) Within 12 months after the child is removed from the home of the child and not less than every 12 months thereafter during the continuation of the child in out-of-home care, whether reasonable efforts have been made to finalize the existing permanency plan.
(b) As used in this chapter, reasonable efforts refers to efforts made to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the home of the child, and to make it possible for a child to return safely to the home of the child. In determining the reasonable efforts to be made with respect to a child, and in making these reasonable efforts, the health and safety of the child shall be the paramount concern. If continuation of reasonable efforts is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps are necessary to finalize a permanent plan for the child.
(c) Reasonable efforts shall not be required to be made with respect to a parent of the child if the juvenile court has determined that the parental rights of the parent to a sibling of the child have been involuntarily terminated or that a parent has done any of the following:
(1) Subjected a child to an aggravated circumstance against the child or a sibling of the child and the risk of child abuse or neglect is too high for the child to remain at home safely or to be returned home. An aggravated circumstance includes, but is not limited to, aggravated stalking, abandonment, torture, or chronic abuse. An aggravated circumstance may also include any of the following:
a. Allowing a child to use alcohol or illegal drugs to the point of abuse, neglect, or substantial risk of harm.
b. Substance misuse or abuse, or both, by a parent or interfering with the ability to keep the child safe and refusal of a parent to participate in or complete treatment, or where treatment has been unsuccessful.
c. A parent demonstrating extreme disinterest in the child by doing either of the following:
Not complying with the steps outlined in the individualized service plan or case plan over a period of six months.
Repeatedly leaving the child with someone who is unwilling or incapable of providing care and not returning for the child as promised.
d. Abandoning an infant or young child when the identity of the child is unknown and the parent is unknown or unable to be located after a diligent search.
e. When the parent has an emotional or mental condition and there is clearly no treatment that can improve or strengthen the condition enough to allow the child to remain at home safely or to return home safely.
f. When a parent is incarcerated and the child is deprived of a safe, stable, and permanent parent-child relationship.
(2) Committed murder or manslaughter of another child or murder or manslaughter of the other parent of the child.
(3) Been convicted of rape in the first degree pursuant to Section 13A-6-61, sodomy in the first degree pursuant to Section 13A-6-63, or incest pursuant to Section 13A-13-3. The juvenile court shall make a finding that the crime of rape, sodomy, incest, or other sexual abuse actually occurred by the parent against a child in any instance where the parent has been convicted as described in this subdivision.
(4) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child or aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter of the other parent of the child.
(5) Committed a felony assault which resulted in serious bodily injury to the child or another child or to the other parent of the child. The term serious bodily injury means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(d) Nothing in the exceptions to making reasonable efforts listed in subsection (c) shall be interpreted to require the reunification of a child with a stepparent or paramour of a parent under similar circumstances. The crimes listed in subsection (c) may include those from other states or federal crimes if the elements of the crimes are substantially similar to those crimes in this state.
(e) If reasonable efforts are not made with respect to a child as a result of a determination made by a juvenile court in situations as described above, a permanency hearing, as provided in Section 12-15-315, in which in-state or out-of-state placement options for the child are considered, shall be held for the child within 30 days after the determination. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize permanent placement of the child. Reasonable efforts to place a child for adoption or with a legal guardian or legal custodian, including identifying appropriate in-state and out-of-state placements, may be made concurrently with other reasonable efforts.
(Act 2008-277, p. 441, §18; Act 2019-512, §2.)
(a) After a petition alleging dependency has been filed, the juvenile court may direct that a study and report to the juvenile court be made by the Department of Human Resources with recommendations concerning the child, his or her family, his or her environment, and other matters relevant to the need for treatment or disposition of the case.
(b) Where there are indications that the child may be physically ill or a child with mental illness or an intellectual disability, on its own motion or motion of a party, may order the child to be examined at a suitable place by a physician, psychiatrist, psychologist, or other qualified examiner under the supervision of a physician, psychiatrist, or psychologist who shall certify the findings of the examiner in writing prior to a hearing on the merits of the petition.
(Act 2008-277, p. 441, §18.)
(a) If a child is found to be dependent, the juvenile court may make any of the following orders of disposition to protect the welfare of the child:
(1) Permit the child to remain with the parent, legal guardian, or other legal custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following:
a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume the education, care, and maintenance of the child and which is licensed by the Department of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is found by the juvenile court to be qualified to receive and care for the child. Unless the juvenile court finds it not in the best interests of the child, a willing, fit, and able relative shall have priority for placement or custody over a non-relative.
(4) Make any other order as the juvenile court in its discretion shall deem to be for the welfare and best interests of the child.
(5) In appropriate cases, award permanent custody to the Department of Human Resources or to a licensed child-placing agency after termination of parental rights and authorization to place for adoption, without appointing a legal guardian, or award temporary custody to the department or a licensed child-placing agency without appointing a legal custodian or legal guardian.
(b) Unless a child found dependent shall also be found to be delinquent, the child shall not be confined in an institution established for the care and rehabilitation of delinquent children or in a juvenile detention facility. Nothing in this subsection shall be construed to prohibit the placement of dependent children in any other residential facility as defined in subdivision (22) of Section 12-15-102.
(c) There shall be a rebuttable presumption that children cannot be removed from the custody of their parents solely because of a need for emergency housing.
(d) In providing shelter or other care for children referred to or coming under the jurisdiction of the juvenile court, the juvenile court and the Department of Human Resources shall utilize only those facilities as have been established, licensed, or approved by law, or by agencies pursuant to law, for those purposes.
(e) When a child is placed in the legal custody of the Department of Human Resources or any other department, agency, organization, entity, or person pursuant to this section and when the parent, legal guardian, or legal custodian of the child has resources for child support, the juvenile court shall order child support in conformity with the Child Support Guidelines as set out in Rule 32, Alabama Rules of Judicial Administration. The child support shall be paid to the Department of Human Resources or department, agency, any other organization, entity, or person in whose legal custody the child is placed and may be expended for those matters that are necessary for the welfare and well-being of those children placed in the Department of Human Resources or any other departments, agencies, organizations, entities, or person. In these cases, the juvenile court shall issue income withholding orders subject to state law. Any petition alleging dependency of a child filed by the Department of Human Resources shall contain a request for child support.
(f)(1) After a child has been placed in the legal custody of the Department of Human Resources, the department may file with the juvenile court a written request for appointment of a kinship guardian in cases where the juvenile court has entered an order under Section 12-15-315 affirming kinship guardianship as the permanent plan for the child.
(2) If the kinship guardian dies or becomes incapacitated, the department or the named prospective successor guardian in the kinship guardian subsidy agreement may file a written request for appointment of the successor guardian. The department or the prospective successor guardian may file for an ex parte order of temporary guardianship pending a hearing on the written request for appointment of a successor guardian.
(3) A written request for appointment of a kinship guardian or successor guardian shall be verified and allege the following with respect to the child:
a. Facts that if proved will meet the requirements for a kinship guardianship or successor guardianship.
b. The date and place of birth of the child, if known, and if not known, the reason for the lack of knowledge.
c. The legal residence of the child and the place where he or she resides, if different from the legal residence.
d. The marital status of the child, if applicable.
e. The name and home and business addresses of an individual caregiver sought to be appointed as a kinship guardian or successor guardian and all residents of that individual’s household.
f. The relationship between the individual caregiver sought to be appointed as a kinship guardian or successor guardian and the child.
g. The names and home and business addresses of the parents of the child, if known.
h. The names and home and business addresses of legal guardians or legal custodians.
i. The existence of any pending matters involving the custody of the child.
j. A signed statement from the individual caregiver sought to be appointed as a kinship guardian or successor guardian that the individual agrees to accept the duties and responsibilities of being a kinship guardian or successor guardian.
k. The existence of any other matters pending in the juvenile court involving the child and, if they exist, a statement that departments, agencies, individuals, or entities authorized or involved in the proceedings, by law or court order, consent to the relief requested.
l. The results of a criminal history record background check of the individual caregiver seeking to be appointed as a kinship guardian or successor guardian and all adult residents of the household of the individual caregiver. In addition, the results of a child abuse record check of the individual caregiver seeking to be appointed as a kinship guardian or successor guardian and all residents 14 years or older of the household of the individual caregiver.
m. Whether the child is subject to provisions of the federal Indian Child Welfare Act of 1978, 25 U.S.C. § 1901, and, if so:
The tribal affiliations of the parents, legal guardians, or legal custodians of the child; and
The specific actions taken to notify the tribes of the parents, legal guardians, or legal custodians and the results of the contacts.
n. Other relevant facts in support of the written request to be appointed as a kinship guardian or successor guardian.
(4) After the juvenile court finds that an individual caregiver qualifies to be appointed as a kinship guardian, the requirements of subdivision (5) or (6) have been proved, and the best interests of the child will be served by the requested appointment, it may make the appointment. After a kinship guardianship appointment, the juvenile court may make any other disposition of the matter that will serve the best interests of the child.
(5) A kinship guardian may be appointed by the juvenile court only if:
a. A parent of the child is living but all parental rights in regard to the child have been terminated or restricted by a prior court order, provided that for this purpose only, the blood relationship with the child will continue to be recognized in defining relative caregiver;
b. The child has resided with the individual caregiver seeking to be appointed as a kinship guardian without the parent, legal guardian, or legal custodian for a period of six months or more immediately preceding the date the written request is filed, and a parent, legal guardian, or legal custodian having legal custody of the child is currently unwilling or unable to provide adequate care, maintenance, and supervision for the child or there are extraordinary circumstances; and
c. No legal guardian of the child is currently appointed pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act, Chapter 2A of Title 26.
(6) A successor guardian may be appointed by the juvenile court only if all of the following requirements have been met:
a. The original kinship guardian subsidy agreement or amendments to such agreement names the prospective successor guardian as the person to become the legal guardian of the child in the event of the death or incapacitation of the kinship guardian.
b. The department has completed a criminal history record check on the prospective successor guardian and all adult residents of the household of the prospective successor guardian. The department also has completed a child abuse record check on the prospective successor guardian and all residents 14 years or older of the household of the individual caregiver.
c. No legal guardian of the child is currently appointed pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act, Section 26-2A-1.
d. A child that is 14 years of age or older must be consulted as to his or her position regarding the prospective successor guardianship and if the child is 18 years or older, he or she has consented to the successor guardianship if capable of giving effective consent.
(7) The burden of proof shall be by clear and convincing evidence, except that in those cases involving an Indian child as defined in the federal Indian Child Welfare Act of 1978, 25 U.S.C. § 1901, the burden of proof shall be proof beyond a reasonable doubt.
(8) As part of a kinship guardianship order or successor guardianship order, the juvenile court may order a parent, legal guardian, or legal custodian to pay the reasonable costs of support and maintenance of the child that the parent, legal guardian, or legal custodian is financially able to pay. The juvenile court shall use the Child Support Guidelines established by rules of the Alabama Supreme Court to calculate a reasonable payment.
(9) The juvenile court may order visitation between a parent, legal guardian, or legal custodian and the child to maintain or rebuild a parent-child relationship if the visitation is in the best interests of the child.
(10)a. A kinship guardianship or successor guardianship is intended to be permanent during the child’s minority similar to other permanency plan options. After the kinship guardian or successor guardian has been appointed by the juvenile court, a parent, other person, entity, department, or agency, including the Department of Human Resources, may file a petition to revoke or modify the kinship guardianship or successor guardianship by proving not only that a material change in circumstances has occurred since the order granting the kinship guardianship or successor guardianship was entered, but also that the change would materially promote the child’s best interest and welfare, and that the positive good brought about by the change would more than offset the inherently disruptive effect caused by uprooting the child.
b. If the juvenile court finds that a petition for revocation of the kinship guardianship or successor guardianship filed by the Department of Human Resources meets the standard in paragraph a., it shall grant the petition, and the child shall be placed in the legal custody of the Department of Human Resources. If the juvenile court finds that a petition for modification of the kinship guardianship or successor guardianship filed by the Department of Human Resources meets the standard in paragraph a., it shall grant the petition, and the child shall remain with the kinship guardian or successor guardian but shall be under the protective supervision of the department.
c. This subsection does not preclude a parent, other person, entity, department, or agency, including the Department of Human Resources, from filing a petition to modify other terms of the order of the juvenile court granting the kinship guardianship or successor guardianship, including, but not limited to, visitation, which shall be decided, after notice to the department, on the basis of what is in the best interests of the child.
(11)a. Except as provided herein, a kinship guardian or successor guardian shall have the same rights, responsibilities, and authority relating to the child as a parent, including, but not limited to, making decisions concerning the care and well-being of the child; consenting to routine, preventative, necessary, elective, cosmetic, and emergency medical, dental, and mental health needs; arranging and consenting to educational plans for the child; arranging and consenting to athletic, sport, or other activity participation; applying for financial assistance and social services for which the child is eligible; applying for a permit or license; applying for admission to a college or university; responsibility for activities necessary to ensure the safety, permanency, and well-being of the child; and ensuring the maintenance and protection of the child, and further provided, that the appointment of the kinship guardian or successor guardian terminates the education rights of the parent in favor of the kinship guardian or successor guardian and the kinship guardian or successor guardian shall be deemed the parent for federal IDEA and other educational purposes.
b. A kinship guardian or successor guardian may not consent to the adoption of the child or a name change for the child. The parent of the child shall retain the authority to consent to the adoption of the child or a name change for the child.
c. The parent, legal guardian, or legal custodian from whose custody the child was removed shall retain the obligation to pay child support.
d. Unless otherwise ordered by the juvenile court, a kinship guardian or successor guardian has the authority to make all decisions regarding appropriate visitation between the parent, legal guardian, or legal custodian and the child.
e. The appointment of a kinship guardian or successor guardian does not limit or terminate any rights or benefits derived from or between the child and parent, legal guardian, or legal custodian relating to inheritance or insurance.
f. A kinship guardianship or successor guardianship terminates when the child reaches 18 years of age, or when the child reaches age 21 if the child is eligible for a guardianship subsidy up to age 21 regardless of whether the juvenile court has continued jurisdiction, or when the kinship guardianship or successor guardianship is otherwise terminated or revoked by the juvenile court.
g. A certified copy of the court order appointing a kinship guardian or successor guardian shall be satisfactory proof of the authority of the kinship guardian or successor guardian, and letters of guardianship need not be issued.
h. A kinship guardianship or successor guardianship order is the legal authority to enroll the named child in school and consent to school-related activities and medical care for the child; to give permission or consent for other non-school related activities, placements, and events; and to enroll the child in health, homeowner, employment, motor vehicle, and other insurance.
i. A kinship guardianship or successor guardianship order is the legal authority for the kinship guardian or successor guardian to authorize or consent to medical care, dental care, and mental health care for the child.
j. Absent negligence, wantonness, recklessness, or deliberate misconduct, no person who acts in good faith reliance on a kinship guardianship or successor guardianship order without actual knowledge of facts contrary to that order is subject to criminal or civil liability or professional disciplinary action. This good faith immunity applies even though a parent, legal guardian, or legal custodian having parental rights or a person having legal custody of the child has contrary wishes. A person who relies upon a kinship guardianship or successor guardianship order is under no duty to make further inquiry or investigation.
(g)(1) A caregiver shall have the authority, without prior approval of the department, juvenile court, or circuit court, to allow a child in his or her care that is in foster care to participate in activities that are age or developmentally appropriate for the child based on a reasonable and prudent parent standard, provided the activities are consistent with provisions of any existing court order, individualized service plan, or promulgated policy of the department that provides guidance to caregivers concerning the reasonable and prudent parent standard. The guidance shall include factors for the caregiver to consider prior to allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property that results from a caregiver’s decisions using a reasonable and prudent parent standard. This subsection shall not be construed to remove or limit any existing liability protection provided by law.
(Act 2008-277, p. 441, §18; Act 2010-712, p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)
(a) Within 12 months of the date a child is removed from the home and placed in out-of-home care, and not less frequently than every 12 months thereafter during the continuation of the child in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of Human Resources shall present to the juvenile court at the hearing a permanent plan for the child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding the permanency plan and any transition plan to independent living. If a permanent plan is not presented to the juvenile court at this hearing, there shall be a rebuttable presumption that the child should be returned home. This provision is intended to ensure that a permanent plan is prepared by the Department of Human Resources and presented to the juvenile court within 12 months of the placement of any child in foster care and no less frequently than every 12 months thereafter. The purpose of the permanency hearing shall be to determine the permanency plan for the child which may include whether, and, if applicable, when, the child shall be:
(1) Returned home on a specific date.
(2) Placed for adoption with no identified resource or with the current foster parent wherein the Department of Human Resources shall file a petition for termination of parental rights.
(3) Permanently placed with a relative with a transfer of legal and physical custody to the relative or with a transfer of physical custody to the relative but with the Department of Human Resources retaining legal custody.
(4) Permanently placed with a kinship guardian pursuant to a written request filed by the Department of Human Resources for appointment of an individual as a kinship guardian. In addition to the allegations set forth in this section, the written request shall further contain the following:
a. That granting kinship guardianship of the child to the relative caregiver is in the best interests of the child and that neither a permanency goal of return of the child to the parents of the child nor adoption would be in the best interests of the child and are therefore not appropriate permanent plans for the child.
b. That granting a kinship guardianship of the child to the relative caregiver will provide the child with a safe and permanent home.
c. That the child demonstrates a strong attachment to the relative caregiver and the relative caregiver demonstrates a strong commitment to caring permanently for the child.
d. That the relative caregiver has been approved as a foster parent pursuant to regulations of the Department of Human Resources, has completed a criminal history clearance and child abuse and neglect central registry clearance, and that results of these clearances have been provided to the juvenile court.
e. That the child has been in foster care in the care of the prospective kinship guardian for a period of not less than six consecutive months preceding the filing of the written request for appointment of a kinship guardian.
f. That a child who is 14 years of age or older has been consulted as to his or her position regarding the prospective kinship guardianship and, if the child is 18 years of age or older, he or she has consented to the kinship guardianship if capable of giving effective consent.
(5) Placed in adult custodial care.
(6) Placed in another planned permanent living arrangement. In the case of a child who will not be returned home, at the permanency hearing, the juvenile court shall consider in-state and out-of-state placement options.
(b) If the juvenile court determines the permanent plan under subsection (a) shall be placement in another planned permanent living arrangement, the Department of Human Resources must document to the juvenile court a compelling reason for determining that it would not be in the best interests of the child to return home, be placed for adoption with no identified resource or with the current foster parent, or be permanently placed with a relative, with a transfer of legal and physical custody to the relative or with a transfer of physical custody to the relative but with the Department of Human Resources retaining legal custody, be placed with a kinship guardian, or be placed in adult custodial care. If the child has been placed in foster care outside the State of Alabama, at the permanency hearing, the juvenile court shall determine whether the out-of-state placement continues to be appropriate and in the best interests of the child. In the case of a child who has attained the age of 14 years, at the permanency hearing, the juvenile court shall consider the services needed to assist the child to make the transition from foster care to independent living. In any permanency hearing held with respect to the child, including any hearing regarding the transition of the child from foster care to independent living, the juvenile court shall consult, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child. Permanency plans may be concurrent and the Department of Human Resources may make reasonable efforts concurrently towards multiple permanency goals.
(c) The permanency hearing order of the juvenile court shall address whether the Department of Human Resources has made reasonable efforts to finalize any existing permanency plan for the child.
(d) The Department of Human Resources shall provide a copy of available health and education records of the foster child to the foster parent or foster care provider at the time of placement and provide a copy of available health and education records to the foster child, at no cost, at the time the child is emancipated or released from foster care by reason of attaining the age of majority.
(e) If the permanency plan for a child is placement with a kinship guardian, the individualized service plan must contain the following:
(1) The steps that the Department of Human Resources has taken to determine that it is not appropriate for the child to be returned home or adopted.
(2) The reasons for any separation of siblings during placement.
(3) The reasons why a permanent placement with a fit and willing relative caregiver through a kinship guardianship arrangement is in the best interests of the child.
(4) The ways in which the child meets the eligibility requirements for the kinship guardianship program.
(5) The efforts the Department of Human Resources has made to discuss adoption by the relative foster parent of the child as a more permanent alternative to a kinship guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefor.
(6) The efforts made by the Department of Human Resources to discuss with the parent, legal guardian, or legal custodian of the child the kinship guardianship arrangement, or the reasons why the efforts were not made.
(Act 2008-277, p. 441, §18; Act 2010-712, p. 1744, §13; Act 2016-129, §1.)
An order awarding legal custody or an order of protective supervision made by the juvenile court in the case of a child may be modified, terminated, or extended on motion by any of the following:
(1) A child, whose legal custody has been transferred to a department, institution, agency, or person, requesting the juvenile court for a modification or termination of the order, alleging that the child is no longer dependent or that protective supervision is no longer necessary.
(2) A department, institution, agency, or person vested with legal custody or responsibility for protective supervision, requesting the juvenile court for a modification, an extension, or a termination of the order on the grounds that this action is in the best interests of the child.
(Act 2008-277, p. 441, §18.)
The Department of Human Resources, any public or private licensed child-placing agency, parent, child, or any interested person may file a petition to terminate the parental rights of a parent or parents of a child.
(1) Mandatory filing of petition by the Department of Human Resources. The Department of Human Resources shall be required to file a petition to terminate the parental rights of a parent or parents of a child, or if the petition has been filed by another party, shall seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for adoption, in the following circumstances:
a. In the case of a child who has been in foster care in the custody of the Department of Human Resources for 12 of the most recent 22 months.
b. If a child has been abandoned.
c. If the parent has committed murder of another child of that parent.
d. If the parent has committed manslaughter of another child of that parent.
e. If the parent has aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child of that parent.
f. If the parent has committed a felony assault that has resulted in serious bodily injury, as defined in paragraph c. of subdivision (5) of subsection (a) of Section 12-15-319, to the child, to another child of the parent, or to the other parent of the child.
(2) Exceptions to mandatory filing shall include any of the following factors:
a. The child is being cared for by a relative.
b. The Department of Human Resources has documented in the individualized service plan, which shall be available for review by the juvenile court, a compelling reason for determining that filing a petition would not be in the best interests of the child.
c. The Department of Human Resources has not provided to the family of the child, consistent with the time period in the individualized service plan of the Department of Human Resources, such services as the Department of Human Resources deems necessary for the safe return of the child to his or her home, if reasonable efforts are required to be made with respect to the child.
(Acts 1984, No. 84-261, p. 442, §5; Act 98-370, p. 670, §1; §26-18-5; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
(a) Except as otherwise provided by the Alabama Rules of Juvenile Procedure and this section, service of process of termination of parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure.
(b) If service of process has not been completed within 45 days of the filing of the termination of parental rights petition, the petitioner shall request service by publication.
(c) Service of process by publication may not be ordered by the juvenile court unless at least one of the following conditions is met:
(1) The child who is the subject of the proceedings was abandoned in the state, or
(2) The state or private department or agency having custody of the child has established, by evidence presented to the juvenile court, that the absent parent or parents are avoiding service of process or their whereabouts are unknown and cannot be ascertained with reasonable diligence.
(d) Service shall be made by publication in a newspaper of general circulation in the county of the juvenile court having jurisdiction and in the county of the last known address of the parent or parents of the abandoned child, at least once a week for four consecutive weeks.
(Acts 1984, No. 84-261, p. 442, §6; Act 97-851, p. 138, §1; §26-18-6; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
(a) If the juvenile court finds from clear and convincing evidence, competent, material, and relevant in nature, that the parents of a child are unable or unwilling to discharge their responsibilities to and for the child, or that the conduct or condition of the parents renders them unable to properly care for the child and that the conduct or condition is unlikely to change in the foreseeable future, it may terminate the parental rights of the parents. In a hearing on a petition for termination of parental rights, the court shall consider the best interests of the child. In determining whether or not the parents are unable or unwilling to discharge their responsibilities to and for the child and to terminate the parental rights, the juvenile court shall consider the following factors including, but not limited to, the following:
(1) That the parents have abandoned the child, provided that in these cases, proof shall not be required of reasonable efforts to prevent removal or reunite the child with the parents.
(2) Emotional illness, mental illness, or mental deficiency of the parent, or excessive use of alcohol or controlled substances, of a duration or nature as to render the parent unable to care for the needs of the child.
(3) That the parent has tortured, abused, cruelly beaten, or otherwise maltreated the child, or attempted to torture, abuse, cruelly beat, or otherwise maltreat the child, or the child is in clear and present danger of being tortured, abused, cruelly beaten, or otherwise maltreated as evidenced by the treatment of a sibling.
(4) Conviction of and imprisonment for a felony.
(5) Commission by the parents of any of the following:
a. Murder or manslaughter of another child of that parent.
b. Aiding, abetting, attempting, conspiring, or soliciting to commit murder or manslaughter of another child of that parent.
c. A felony assault or abuse that results in serious bodily injury to the surviving child or another child of that parent. The term serious bodily injury means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(6) Unexplained serious physical injury to the child under those circumstances as would indicate that the injuries resulted from the intentional conduct or willful neglect of the parent.
(7) That reasonable efforts by the Department of Human Resources or licensed public or private child care agencies leading toward the rehabilitation of the parents have failed.
(8) That parental rights to a sibling of the child have been involuntarily terminated.
(9) Failure by the parents to provide for the material needs of the child or to pay a reasonable portion of support of the child where the parent is able to do so.
(10) Failure by the parents to maintain regular visits with the child in accordance with a plan devised by the Department of Human Resources, or any public or licensed private child care agency, and agreed to by the parent.
(11) Failure by the parents to maintain consistent contact or communication with the child.
(12) Lack of effort by the parent to adjust his or her circumstances to meet the needs of the child in accordance with agreements reached, including agreements reached with local departments of human resources or licensed child-placing agencies, in an administrative review or a judicial review.
(13) The existence of any significant emotional ties that have developed between the child and his or her current foster parent or parents, with additional consideration given to the following factors:
a. The length of time that the child has lived in a stable and satisfactory environment.
b. Whether severing the ties between the child and his or her current foster parent or parents is contrary to the best interest of the child.
c. Whether the juvenile court has found at least one other ground for termination of parental rights.
(b) If a parent has been convicted of rape in the first degree pursuant to Section 13A-6-61, sodomy in the first degree pursuant to Section 13A-6-63, or incest pursuant to Section 13A-13-3, the juvenile court shall make a finding that the parent is unable to properly care for a child and to discharge his or her responsibilities to and for a child and shall terminate the parental rights of the parent.
(c) The juvenile court is not required to consider a relative to be a candidate for legal guardian of the child in a proceeding for termination of parental rights if both of the following circumstances exist:
(1) The relative did not attempt to care for the child or obtain custody of the child within four months of the child being removed from the custody of the parents or placed in foster care, if the removal was known to the relative.
(2) The goal of the current permanency plan formulated by the Department of Human Resources is adoption by the current foster parents.
(d) A rebuttable presumption that the parents are unable or unwilling to act as parents exists in any case where the parents have abandoned a child and this abandonment continues for a period of four months next preceding the filing of the petition. Nothing in this subsection is intended to prevent the filing of a petition in an abandonment case prior to the end of the four-month period.
(Acts 1984, No. 84-261, p. 442, §7; Act 97-851, p. 138, §1; Act 98-370, p. 670, §1; §26-18-7; amended and renumbered by Act 2008-277, p. 441, §19; Act 2019-512, §2; Act 2020-34, §1.)
(a) Termination of parental rights cases shall be given priority over other cases. The trial on the petition for termination of parental rights shall be completed within 90 days after service of process has been perfected. The trial court judge shall enter a final order within 30 days of the completion of the trial.
(b) If the juvenile court determines that the parents of a child are unwilling or unable to act as parents and terminates their parental rights, it may do the following:
(1) Transfer or continue the permanent legal custody of the child to the Department of Human Resources or to any public or private licensed child-placing agency able and willing to assume the care and maintenance of the child. An order of the juvenile court which terminates parental rights and awards permanent legal custody to the Department of Human Resources or to a licensed child-placing agency shall mean that the Department of Human Resources or the licensed child-placing agency shall have authority to make permanent plans for the child, including the authority to place for adoption and consent to adoption.
(2) Transfer or continue the permanent legal custody of the child to the petitioner who, after study by the Department of Human Resources, is found to be able to properly receive and care for the child.
(Acts 1984, No. 84-261, p. 442, §8; §26-18-8; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
Where the juvenile court has terminated the parental rights and has placed legal custody of the child with the Department of Human Resources or with a public or private licensed child-placing agency, the juvenile court, at least annually, shall review the circumstances of the child to determine what efforts have been made to achieve permanency for the child.
(Acts 1984, No. 84-261, p. 442, §9; §26-18-9; amended and renumbered by Act 2008-277, p. 441, §19.)
Upon the termination of parental rights by the juvenile court and placement of permanent custody of a child with any agency or department, the agency or department may place the child for adoption or consent to the adoption of the child.
(Acts 1984, No. 84-261, p. 442, §10; §26-18-10; amended and renumbered by Act 2008-277, p. 441, §19.)
Appeals relating to dependency and termination of parental rights cases shall take priority over other cases filed on appeal except for emergency matters, including appeals from denial of waiver of parental consent for abortion.
(Act 2008-277, p. 441, §20.)
The provisions of Sections 12-15-317 and 12-15-319 as amended by Act 98-370, regarding termination of parental rights petitions required to be filed by the Department of Human Resources shall apply to all children coming into foster care after April 22, 1998. In the case of children in foster care on April 22, 1998, the department shall comply with the timetable established by federal law for the processing of such cases.
(Act 98-370, p. 670, §2; §26-18-11.)
For purposes of this article, the following words and phrases shall have the following meanings:
(1) COMMIT. Transfer legal and physical custody.
(2) DEPARTMENT. The Department of Mental Health.
(Act 2008-277, p. 441, §21.)
(a) The state, any county, any municipality, or any governmental department or agency, including, but not limited to, the Department of Human Resources or the Department of Youth Services, or any person, including a parent, legal guardian, or legal custodian, may file a petition in the juvenile court to have any minor or child, as defined in this chapter, committed to the custody of the department on the basis that the minor or child is an individual with a mental illness or intellectual disability and, as a consequence of that mental illness or intellectual disability, poses a real and present threat of substantial harm to self or to others.
(b) The petition shall be verified and filed in the county in which the minor or child is located or resides, petitioning the juvenile court to commit the minor or child to the custody of the department.
(Acts 1975, No. 1205, p. 2384, §5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and renumbered by Act 2008-277, p. 441, §22.)
(a) When at the time a petition is filed, a juvenile court shall immediately review the petition and may require the petitioner to be sworn and answer under oath questions in regard to the petition and the minor or child sought to be committed.
(b) If it appears from the face of the petition or from the testimony of the petitioner that the petition is totally without merit, the juvenile court shall order the petition dismissed without further proceedings.
(Act 2008-277, p. 441, §23.)
Service of the petition upon the minor or child sought to be committed and upon his or her parent, legal guardian, or legal custodian shall be as provided in this chapter for service on minors and children generally or as otherwise provided by rules of court promulgated by the Supreme Court of Alabama.
(Act 2008-277, p. 441, §23.)
(a) When any minor or child against whom a petition has been filed seeking to commit the minor or child to the custody of the department is initially brought before the juvenile court, the juvenile court shall provide a copy of the petition and if requested, read the petition to the minor or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform those persons verbally and in writing of the date, time, and place of the next hearing to be held in regard to the minor or child, the purpose of the hearing, the rights of the minor or child at the hearing, and the possible consequences of the hearing.
(b) The juvenile court shall appoint a child’s attorney for the minor or child. The juvenile court may appoint a guardian ad litem in addition to the child’s attorney. No statement made or act done by the minor or child in the presence of the juvenile court prior to the minor or child obtaining the services of a child’s attorney, or a guardian ad litem, shall be considered by the juvenile court in determining if the minor or child should be committed to the custody of the department.
(c) Notice of the filing of a petition pursuant to this section and of the date of final hearing shall be given to the department by the juvenile court not less than 14 days prior to the hearing. The notice shall constitute an application for admission to a facility maintained or operated by, under contract with, or under the supervision and control of the department.
(d) Not less than 24 hours prior to the final hearing, the department shall notify the juvenile court whether adequate facilities are available for the minor or child and to which facility the minor or child should be sent if the juvenile court should determine that the minor or child is to be committed. The minor or child shall not be accepted if the facility does not have adequate facilities available or if acceptance of the minor or child would result in an overcrowded condition.
(Act 2008-277, p. 441, §23; Act 2009-721, p. 2140, §1.)
(a) At the time that a minor or child sought to be committed is first brought before the juvenile court, the juvenile court shall determine the placement of the minor or child pending further hearings. No limitations shall be placed upon the minor or child unless limitations shall be necessary to prevent the minor or child from doing substantial harm to self or to others or to prevent the minor or child from leaving the jurisdiction of the juvenile court.
(b) No child shall be placed in a juvenile detention facility unless the child is charged with a delinquent act.
(c) The juvenile court may order the minor or child to be held in a public or private facility pending receipt by the department.
(d) The juvenile court shall order the minor or child to appear at the times and places set for hearing the petition and may order and require the minor or child to appear at designated times and places to be examined by medical doctors or mental health professionals.
(Act 2008-277, p. 441, §23.)
(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor or child, pending final hearing upon a petition for mental commitment of the minor or child in the custody of any person, department, or agency other than his or her parent, legal guardian, or legal custodian, the juvenile court at the time the confinement is ordered shall set the matter for a hearing within seven days to determine if probable cause exists that the minor or child should be committed. At the probable cause hearing, the juvenile court shall determine if it is necessary to continue the restraint or confinement pending the final hearing.
(b) Upon a finding of probable cause that the minor or child should be committed, the juvenile court shall enter an order so stating and setting the date, time, and place of the hearing on the merits of the petition.
(c) The final hearing shall be held on the merits of the petition within 30 days of the date that the minor or child was served with a copy of the petition seeking to commit the minor or child.
(Act 2008-277, p. 441, §23.)
At all hearings conducted pursuant to this section to commit a minor or child to the custody of the department, the following shall apply:
(1) The minor or child sought to be committed shall be present unless, prior to the hearing, the child’s attorney for the minor or child has filed in writing a waiver of the presence of the minor or child on the ground that the presence of the minor or child would be dangerous to his or her physical or mental health or that the conduct of the minor or child could reasonably be expected to prevent the hearing from being held in an orderly manner and the juvenile court has determined from the evidence that the waiver should be granted and has entered an order approving the waiver.
(2) The minor or child sought to be committed shall have the right to compel the attendance of and offer the testimony of witnesses, to be confronted with the witnesses in support of the petition and to cross-examine those witnesses, and to testify in his or her own behalf. No minor or child shall be compelled to testify against himself or herself.
(3) The juvenile court shall cause the hearing to be recorded stenographically, mechanically, or electronically and shall retain the recording for a period of not less than three years from the date the petition is denied or granted, and not less than the duration of any commitment pursuant to the hearing.
(4) All hearings shall be heard by the juvenile court without a jury, and the persons who may be present shall be as provided in Section 12-15-129.
(Act 2008-277, p. 441, §23.)
(a) An attorney representing the state, any county, or municipality or the Department of Youth Services or the Department of Human Resources or an attorney representing the person or persons filing a petition to have a minor or child committed may serve as the advocate in support of the petition to commit in all matters regarding the petition.
(b) At the final hearing upon a petition seeking to commit a minor or child to the custody of the department on the basis that the minor or child is mentally ill, the juvenile court may grant the petition if clear and convincing evidence proves all of the following:
(1) That the minor or child sought to be committed is mentally ill.
(2) That, as a consequence of the mental illness, the minor or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act.
(4) That treatment is available for the mental illness of the minor or child or that confinement is necessary to prevent the minor or child from causing substantial harm to himself, herself, or to others.
(5) That commitment is the least restricting alternative necessary and available for treatment of the illness of the minor or child.
(c) Upon these findings, the juvenile court shall enter an order setting forth the findings and may order the minor or child committed to the custody of the department.
(d) The commissioner of the department, or his or her designee, may designate a hospital outside the department where a committed child or minor may receive care and treatment and may place the child or minor in the designated hospital upon commitment to the department.
(Act 2008-277, p. 441, §23; Act 2009-721, p. 2140, §1.)
(a) At the final hearing upon a petition seeking to commit a minor or child to the department on the basis that the minor or child is a person with an intellectual disability, the juvenile court may grant the petition if clear and convincing evidence proves all of the following:
(1) The minor or child sought to be committed is a person with an intellectual disability.
(2) The minor or child is not mildly retarded, as defined by the department.
(3) The minor or child, if allowed to remain in the community, is likely to cause serious injury to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities are available only at a facility provided by the department.
(b) Upon these findings, the juvenile court shall enter an order setting forth the findings, and may order the minor or child committed to the custody of the department.
(c) The commissioner of the department, or his or her designee, may designate a facility outside the department where a committed child or minor may receive care and treatment and may place the child or minor in the designated facility upon commitment to the department.
(Act 2008-277, p. 441, §23; Act 2009-721, p. 2140, p. 2140, §1.)
(a) Any minor or child committed to the custody of the department who has gained maximum benefit from institutional treatment, who is no longer in need of the services of the department, or who has gained maximum benefit from the programs of the department shall be discharged from the custody of the department. The minor or child shall not be received again by the department pursuant to the original commitment order unless deemed appropriate by a court of proper jurisdiction holding a subsequent hearing.
(b) The department shall notify the committing juvenile court or the court to which the case is transferred and the parties to the commitment action in writing, which must be received by the juvenile court at least 10 days in advance of the proposed discharge. The committing juvenile court, at the time of discharge, shall transfer custody to a person or another state department or agency deemed suitable by the juvenile court.
(Act 2008-277, p. 441, §23.)
The juvenile court committing any minor or child to the custody of the department shall retain jurisdiction over the minor or child so long as the minor or child is in the custody of the department regarding the original commitment.
(Act 2008-277, p. 441, §23.)
The probable cause hearing provided in Section 12-15-407 and the final hearing provided in Section 12-15-408 may be consolidated with the consent of all the parties.
(Act 2008-277, p. 441, §23.)
For purposes of this article, the following words and phrases shall have the following meanings:
(1) COUNTY TEAM. A county children’s services facilitation team.
(2) MULTIPLE NEEDS CHILD. A child coming to the attention of the juvenile court or one of the entities listed herein who is at imminent risk of out-of-home placement or a placement in a more restrictive environment, and whose needs require the services of two or more of the following entities: Department of Youth Services, public school system (services for exceptional needs), Department of Human Resources, Department of Public Health, juvenile probation officers, or Department of Mental Health.
(3) STATE TEAM. The Alabama Children’s Services Facilitation Team.
(Act 2008-277, p. 441, §25.)
After the filing of a petition alleging that a child is delinquent, dependent, or in need of supervision, or after the filing of a petition seeking mental commitment of a minor or child pursuant to Article 4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced child to the county team for recommendation if the petition alleged or evidence reveals to the juvenile court that the child may be a multiple needs child. If the case involves a child in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201, who is at imminent risk of being placed in the legal or physical custody of the Department of Human Resources, the juvenile court shall refer the case to the county team. This referral may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing or prior to disposition to review the findings and recommendations of the county team. Upon referral to the county children’s services facilitation team, the juvenile probation officer shall continue to provide case management to the status offender unless the county children’s services facilitation team appoints another person to act as case manager. The juvenile probation officer shall participate in county children’s services facilitation team meetings and share records information and reports on the status offender with the county children’s services facilitation team.
(Act 2008-277, p. 441, §25.)
(a) Within 21 days of receipt of a juvenile court referral or within another time specified by the juvenile court, the county team shall present to the juvenile court a plan of services addressing the needs of the child referred to the county team and the respective responsibilities of departments, agencies, and organizations composing this county team. Upon receipt of this plan, the juvenile court may find the child a multiple needs child. When the juvenile court finds it is in the best interests of the multiple needs child, the juvenile court may order the use of any dispositional alternative or service available for dependent children, delinquent children, or children in need of supervision, children who are emotionally disturbed, children with an intellectual disability or mental illness, or children who need specialized educational services, or children who need health services, or any combination thereof. The departments, agencies, or organizations shall be responsible for the implementation of the service plan adopted by the juvenile court.
(b) No multiple needs child, unless alleged or adjudicated delinquent, shall be placed in secure custody, except as provided in Section 12-15-208.
(c) The juvenile court may appoint a guardian ad litem for a multiple needs child.
(d) The provisions of subsections (a), (b), and (c) which require new or additional services beyond those already provided by the departments or agencies which are members of the State Team are mandated only to the extent that additional funds are appropriated to the State Multiple Needs Children Fund to implement its provisions. Nothing in the provisions relating to multiple needs children shall prohibit or restrict departments or agencies charged with the duty of providing services for children and families from working cooperatively and providing financial assistance to address needs which have been identified prior to a case being referred to a county team.
(Act 2008-277, p. 441, §25.)
There is created an Executive Council of the State Team consisting of the heads of the following departments or agencies: Department of Education, Department of Human Resources, Department of Mental Health, Department of Public Health, and the Department of Youth Services. The Executive Council shall exercise general supervision and oversight over the State Team, approve its state plan and its budget, oversee all financial arrangements, approve all policies and procedures, as well as amendments thereto, and establish minimum standards for the operation of county teams.
(Acts 1993, No. 93-256, p. 367, §2; §12-15-170; amended and renumbered by Act 2008-277, p. 441, §26.)
(a) The State Team is created and shall consist of a representative appointed by the head of the following departments, agencies, or organizations: The Department of Education, the Department of Human Resources, the Department of Mental Health, the Department of Public Health, the Department of Youth Services, and the Alabama Chief Probation Officers Association.
(b) The appointments to the State Team shall be for a term of three years beginning October 1, 1993, and each three years thereafter and until their successors are appointed, except that the initial appointments of the representatives of the Department of Human Resources and the Department of Mental Health shall be for three years; the initial appointments of the representatives of the Department of Education and the Department of Youth Services shall be for two years; and the initial appointments of representatives of the Department of Public Health and the Alabama Chief Probation Officers Association shall be for one year. Any vacancies in the appointed positions shall be filled in like manner as their predecessors and shall serve for the remainder of the term of their predecessors and until a successor is appointed. Representatives may be reappointed for additional terms.
(c) The State Team shall annually select one of its members to serve as chair and may select other officers as needed.
(d) The State Team shall meet at least monthly at a time and place that is mutually agreeable.
(e) The State Team shall:
(1) Develop and implement interagency plans for statewide services for multiple needs children.
(2) Develop guidelines, policies, and procedures for the allocation of available resources for services to multiple needs children. These guidelines, policies, and procedures shall be approved by the Executive Council of the State Team.
(3) Be authorized to exchange records, documents, and information among members of the state and county teams as well as the departments or agencies the members represent for the purposes of assessment, planning, and delivery of services to children.
(4) Consult with the county teams to ensure that all efforts to provide services locally and in the least restrictive environment are exhausted before a case is referred to the State Team. Upon receiving a referral, the State Team shall develop a plan which shall be binding on the county team. The State Team may allocate resources to implement the plan for services and treatment in accordance with the budget approved by the Executive Council of the State Team.
(5) The State Team may accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing this section. All these funds shall be deposited into the State Multiple Needs Children Fund, which shall be under the management of the State Team. Moneys of the fund may be withdrawn by vouchers authorized by the Director of the Multiple Needs Child Office in accordance with the operations plan approved by the Executive Council of the State Team.
(6) The State Team shall report periodically to the Alabama Children’s Policy Council on the services available within the state, the number of cases upon which the State Team has been consulted or requested to formulate a service plan, and budgetary needs or constraints affecting delivery of services.
(f) The State Team may employ staff, conditioned upon appropriation of funds, to carry out the duties of the State Team. Employment may be through contract or appointment pursuant to the State Merit System, utilizing one of the member departments or agencies as the appointing or contracting authority. Supervision of the Director of the Multiple Needs Child Office shall be by the chair of the State Team.
(Acts 1993, No. 93-256, p. 367, §3; §12-15-171; amended and renumbered by Act 2008-277, p. 441, §26.)
(a) A county team is created in each county of the state The county team shall consist of a representative appointed by the head of the following departments, agencies, or organizations: The local education agency or agencies, the county department of human resources, the Department of Mental Health, the Department of Youth Services, and a juvenile probation officer appointed by the presiding juvenile court judge.
(b) Appointments to the county team shall be for a term of three years beginning October 1, 1993, and each three years thereafter and until their successors are appointed, except that the initial appointments of the representatives of the county department of human resources and the Department of Mental Health shall be for three years; the initial appointments of the representatives of the local education agency or agencies and the Department of Youth Services shall be for two years; and the initial appointment of the juvenile probation officer shall be for one year. Any vacancies in the appointed positions shall be filled in like manner as their predecessors and shall serve for the remainder of the term of their predecessors and until a successor is appointed. Representatives may be reappointed for additional terms.
(c) The county team shall annually select one of its members to serve as chair and may select other officers as needed.
(d) Meetings of the county team may be held as needed. The county team shall meet during its normally scheduled time when a case is referred by a juvenile court or from notice of a member that there is a need for the county team to develop a service plan.
(e) The county team shall:
(1) Comply with the guidelines, policies, and procedures promulgated by the State Team and approved by the Executive Council of the State Team.
(2) Be authorized to develop guidelines, policies, and procedures, not in conflict with the minimum standards established by the State Team, for the county team.
(3) Be authorized to exchange records, documents, and information among members of the county and State Teams, as well as the departments or agencies the members represent, for the purposes of assessment, planning, and delivery of services to children.
(4) By consensus, develop an individualized service plan to meet the needs of each child who is accepted by the county team.
(5) Consult with the State Team whenever the county team is unable to reach an agreement as to a service plan. In the event a county team requests assistance of the State Team because of an inability to agree on a plan or needs assistance developing or implementing a plan, the service plan developed by the State Team shall be binding on the county team, as well as the departments, agencies, or organizations represented.
(6) Work with the county children’s policy council to ensure that appropriate local services are developed, modified, or expanded as the needs of children within the community are identified.
(7) Be authorized to accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing this section. All these funds shall be deposited into the county multiple needs children fund, which shall be under the management of the county team. Moneys of the fund may be withdrawn by vouchers or checks authorized by the chair of the county team in accordance with the operations plan approved by the county team.
(Acts 1993, No. 93-256, p. 367, §4; §12-15-172; amended and renumbered by Act 2008-277, p. 441, §26.)
The members of the state and county teams shall be entitled to be reimbursed for their expenses, including travel, lodging, food, and other expenses at the same rate as state employees. The expenses shall be paid by their respective departments, agencies, or organizations. Travel expenses of members of the team not otherwise reimbursed by the respective departments, agencies, or organizations may be paid from funds available to the teams.
(Acts 1993, No. 93-256, p. 367, §5; §12-15-173; amended and renumbered by Act 2008-277, p. 441, §26.)
(a) There is established in the State Treasury a fund to be known as the State Multiple Needs Children Fund which shall be administered by the agency designated by the Executive Council of the State Team. This fund shall consist of all moneys appropriated for these purposes from the State General Fund , the Alabama Education Trust Fund, or the Children First Trust Fund, donations, grants, bequests, loans, or any other sources, either public or private, relating to providing services for children identified as multiple needs children.
(b) The State Multiple Needs Children Fund shall be used to provide services not otherwise provided by state departments or agencies for multiple needs children. Administrative costs connected with the expenditures of state multiple needs children funds shall not exceed a percentage amount established by the Executive Council of the State Team.
(c) All funds now or hereafter deposited to the credit of the State Multiple Needs Children Fund shall be expended for the purposes of carrying out this article; provided, however, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill for any specific fiscal year.
(d) The Chief Examiner of the Department of Public Accounts shall develop a uniform accounting system for the State Multiple Needs Children Fund conforming to generally accepted accounting principles. County teams and programs shall establish and maintain the uniform accounting system.
(e) The annual reports and all records of accounts and financial records of all funds received by the State Multiple Needs Children Fund by grant, contract, or otherwise from state, local, or federal sources, shall be subject to audit annually by the Chief Examiner of the Department of Public Accounts. All audits shall be completed as soon as practicable after the end of the fiscal year of the team.
(Acts 1993, No. 93-256, p. 367, §6; §12-15-174; amended and renumbered by Act 2008-277, p. 441, §26.)
(a) The Executive Council of the State Team shall adopt policies and procedures relating to the allocation of available resources for providing services for multiple needs children; for granting funds for programs and services on individuals; and for monitoring, evaluating, and reviewing services provided by programs where funds are provided. Funds available to provide services for multiple needs children may be allocated by the State Team:
(1) To counties, or groups of counties, based on detailed proposals, for establishing new, needs-based local services or expanding existing programs.
(2) To provide treatment for individual children.
(3) For other activities consistent with the purposes of this article.
(b) The State Team, with approval of the Executive Council, shall determine the amount and duration of grants made for new programs provided for one or more counties. The State Team shall also determine the amount of funding to be awarded and the duration in individual cases where local resources have been exhausted. The State Team may select projects which meet the criteria and are compatible with the purposes of the multiple needs children program for financial awards.
(c) In order to remain eligible for continued grant funding, a recipient shall substantially comply with the standards and administrative regulations defining program effectiveness which shall be promulgated by the Executive Council of the State Team. Each recipient shall participate in an evaluation to determine local and state program effectiveness. The form of this evaluation shall be a part of the promulgated policies and procedures.
(d) Continued grant funding shall be based on demonstrated effectiveness in providing services to meet the identified needs.
(e) If it is determined that there are reasonable grounds to believe that a participating county team is not complying with its plan or the minimum standards, the State Team shall give 30 days’ written notice to the participating entity. If the State Team finds that a participating entity is not complying with its plan or the established minimum standards, the State Team shall require the entity to provide a letter of intent as to how and when specific deficiencies identified will be corrected. If no letter is submitted to the State Team within the time limit specified, or if the deficiencies are not corrected within 45 days after the letter has been submitted to the entity, the funding may be suspended in part or in whole until compliance is achieved.
(f) A quarterly report shall be submitted to the Alabama Children’s Policy Council showing the awards initiated by the State Team during the quarter and the cumulative totals for each new services awards and awards for each special project. An annual report shall also be compiled.
(Acts 1993, No. 93-256, p. 367, §7; §12-15-175; amended and renumbered by Act 2008-277, p. 441, §26.)
A party, including the state or any subdivision of the state, has the right to appeal a judgment or order from any juvenile court proceeding pursuant to this chapter. The procedure for appealing these cases shall be pursuant to rules of procedure adopted by the Supreme Court of Alabama. All appeals from juvenile court proceedings pursuant to this chapter shall take precedence over all other business of the court to which the appeal is taken.
(Acts 1975, No. 1205, p. 2384, §5-152; §12-15-120; amended and renumbered by Act 2008-277, p. 441, §26.)
(a) For the purposes of this section, sexually exploited child shall mean an individual under the age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected to sexual exploitation because he or she is any of the following:
(1) A victim of the crime of human trafficking sexual servitude as provided in Section 13A-6-150, et seq.
(2) Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121.
(3) A victim of the crime of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113.
(b) A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts.
(c) In any proceeding based upon a child’s arrest for an act of prostitution, there is a presumption that the child satisfies the definition of a sexually exploited child as provided in this section.
(d) If a law enforcement officer or a person seeks to file a complaint against a child for an offense of prostitution as provided in Section 13A-12-120 or 13A-12-121, the juvenile court intake officer shall evaluate the complaint to determine if the child is a sexually exploited child and could have another complaint filed stating that the child is alleged to be in need of supervision or alleged to be dependent, and not a child alleged to be delinquent, pursuant to Rule 12 of the Alabama Rules of Juvenile Procedure. A juvenile probation officer who is designated to be a juvenile court intake officer may determine if a child alleged to be in need of supervision is appropriate for an informal adjustment pursuant to Rule 15 of the Alabama Rules of Juvenile Procedure.
(e) If a petition alleging that a sexually exploited child is in need of supervision or is dependent is filed, a sexually exploited child may be adjudicated a child in need of supervision or a dependent child pursuant to Section 12-15-102(4) and (8). Once the sexually exploited child is adjudicated, the juvenile court shall retain jurisdiction over the sexually exploited child and may enforce prior orders requiring payment of court-ordered monies pursuant to Section 12-15-117. The juvenile court may issue any requisite order or conduct any hearing necessary to protect the health or safety of a sexually exploited child that is determined to be in the best interests of the child. The juvenile court may also, on an emergency basis, enter an order of protection or restraint to protect the health or safety of a sexually exploited child.
(f) A sexually exploited child who commits an act of prostitution as provided in Section 13A-12-120 or 13A-12-121 may not be transferred from the jurisdiction of juvenile court to any adult court pursuant to Section 12-15-203, except in those cases where the child has been convicted or adjudicated a youthful offender divesting the juvenile court of jurisdiction as provided in Sections 12-15-203(i) and 12-15-204(b).
(g) A sexually exploited child who commits an act of prostitution as provided in Section 13A-12-120 or 13A-12-121 shall be afforded all rights pursuant to Section 12-15-202.
(h) All social and community services shall be made available to a sexually exploited child. Services may include, but are not limited to, any of the following:
(1) Forensic evidence collection.
(2) Forensic interviewing.
(3) Counseling.
(4) Advocacy.
(5) Shelter.
(6) Alcohol or substance abuse treatment.
(7) Mental health services.
(8) Medical treatment.
(9) Legal services.
(10) Educational tutoring, counseling, and language interpreter services.
(11) Crisis intervention services.
(12) Safety planning.
(13) Investigation and prosecution of the individuals subjecting the child to sexual exploitation or abuse.
(Act 2016-282, §3.)
Whenever the statutes or laws of this state authorize or require the jury to ascertain or determine certain facts, to make certain findings or to fix the amount of damages, the value of property or the value of the use, hire or rent of property and a jury trial is waived or the court or judge trying the case is authorized to find and determine the facts as well as the law, then the word “jury” or “juries” shall be held to include the court or judge so trying the case.
(Code 1923, §9499; Code 1940, T. 7, §261.)
[Repealed]
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
In actions to which the state, a county, a city or a town is a party or has an interest, citizens of the state, county, city or town are not disqualified by reason of interest.
(Code 1852, §2272; Code 1867, §2676; Code 1876, §3026; Code 1886, §2753; Code 1896, §2657; Code 1907, §4636; Code 1923, §8664; Code 1940, T. 30, §1.)
[Repealed]
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
[Repealed]
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to ascertain that such juror possesses the qualifications required by law, and the duty required of the court by this section shall be considered imperative.
(Code 1852, §537; Code 1867, §4087; Code 1876, §4760; Code 1886, §4325; Code 1896, §5010; Code 1907, §7270; Code 1923, §8659; Code 1940, T. 30, §6.)
If a juror has personal knowledge respecting any fact in controversy, he must declare it in open court during the trial; and, if during the retirement of the jury a juror declares a fact as of his own knowledge which could be evidence in the case, the jury must forthwith return into court and such juror must, in either case, be sworn and examined as a witness in the presence of the parties.
(Code 1852, §648; Code 1867, §4200; Code 1876, §4905; Code 1886, §4475; Code 1896, §5299; Code 1907, §7896; Code 1923, §5634; Code 1940, T. 30, §7.)
(a) Upon receiving a summons to report for jury duty, any employee, on the next day he or she is engaged in his or her employment, shall exhibit the summons to his or her immediate superior, and the employee shall thereupon be excused from his or her employment for the day or days required of him or her in serving as a juror in any court created by the constitutions of the United States or of the State of Alabama or the laws of the United States or of the State of Alabama.
(b) An employee may not be required or requested to use annual, vacation, unpaid leave, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this subsection shall be construed to require an employer to provide annual, vacation, or sick leave to employees who otherwise are not entitled to the benefits under policies of the employer.
(c) Notwithstanding the excused absence provided in subsection (a), any full-time employee shall be entitled to his or her usual compensation received from such employment.
(d) It shall be the duty of all persons paying jurors their fee or compensation for services to issue to each juror a statement showing the daily fee or compensation and the total fee or compensation received by the juror.
(e) Notwithstanding subsection (a), a court shall automatically postpone and reschedule the service of a summoned juror who is an employee of an employer with five or fewer full-time employees, or their equivalent, if another employee of that employer also has been summoned to appear during the same period. A postponement pursuant to this section shall not affect an individual’s right to one automatic postponement under Section 12-16-63.1.
(Acts 1969, No. 619, p. 1126; Act 2005-311, 1st Sp. Sess., §1.)
(a) No employer in this state may discharge any employee or subject any employee to an adverse employment action solely because he or she serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his or her next regularly scheduled hour after being dismissed from any jury.
(b) Any employee who is so discharged or subjected to an adverse employment action shall have a cause of action against the employer for the discharge or adverse employment action in any court of competent jurisdiction in this state and shall be entitled to recover both actual and punitive damages.
(c) The provisions of this section are supplemental to any statutes, existing or to be enacted in the future, that are designed to protect and safeguard a citizen’s right and duty to serve on a lawful jury, and the provisions of this section shall not repeal or supersede the provisions of any law not directly inconsistent herewith.
(Acts 1980, No. 80-747, p. 1520; Act 2005-311, 1st Sp. Sess., §1.)
In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the pendency of the trial. The court may at any time on its own initiative or on motion of any party, require that the jury be sequestered under the charge of a proper officer whenever they leave the jury box or the court may allow them to separate. A motion to separate or sequester shall not be made within the hearing of the jury, and the jury shall not be informed which party, if any, requested separation or sequestration.
(Acts 1943, No. 384, p. 358; Acts 1982, No. 82-566, p. 943; Acts 1995, No. 95-190, p. 264, §1.)
Whenever a jury is, by order of the court, kept together without separation during any night or for any unusual length of time, it is the duty of the sheriff, with the approval of the court, at the expense of the state, to provide for the jurors and the bailiffs or deputy sheriffs in charge of or attending said jury suitable lodging and meals. If a jury composed of both men and women is kept together overnight, separate lodging shall be provided for jurors of each sex.
A separation solely by reason of sex, while in the custody of bailiffs or deputy sheriffs, shall not create a presumption of prejudice to an accused, but on the contrary it shall be prima facie presumed that the accused was not prejudiced by reason of the separation of the jury by sexes.
(Code 1876, §4887; Code 1886, §4452; Code 1896, §5276; Code 1907, §7310; Code 1923, §8692; Acts 1939, No. 60, p. 92; Code 1940, T. 30, §97; Acts 1967, No. 303, p. 846; Acts 1978, No. 821, p.1207, §1.)
The court may state to the jury the law of the case and may also state the evidence when the same is disputed, but shall not charge upon the effect of the testimony, unless required to do so by one of the parties.
(Code 1852, §2274; Code 1867, §2678; Code 1876, §3028; Code 1886, §2754; Code 1896, §3326; Code 1907, §5362; Code1923, §9507; Code 1940, T. 7, §270.)
The charge of the judge must be taken down by the court reporter or by some stenographer appointed by the court and reduced to writing and filed as a part of the record proper of the case, unless both parties or their counsel waive the reporting and making the charge a part of the record.
(Code 1867, §2757; Code 1876, §3110; Code 1886, §2755; Code 1896, §3327; Code 1907, §5363; Code 1923, §9508; Code 1940, T. 7, §272; Acts 1943, No. 386, p. 359; Acts 1955, 2nd Ex. Sess., No. 67, p. 178.)
Charges moved for by either party must be in writing and must be given or refused in the terms in which they are written, and it is the duty of the judge to write “given” or “refused,” as the case may be, on the document and sign his name thereto, which thereby becomes a part of the record. Charges which are marked “given” by the trial judge must be taken by the jury with them on retirement, and those “refused” must be retained by the clerk. The court shall, after the conclusion of his charge to the jury, read such written charges as he has given for the parties in a clear and audible voice, saying to the jury, “these are instructions given you by the court at the request of the plaintiff or defendant, as the case may be, and are correct statements of the law to be taken by you in connection with what has already been said to you.” The refusal of a charge, though a correct statement of the law, shall not be cause for a reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the court’s general charge or in charges given at the request of parties. In case of appeal, the charges must be set out in the record on appeal in the following manner:
Every general charge shall be in writing or be taken down by the court reporter as it is delivered to the jury.
(Code 1852, §2355; Code 1867, §2756; Code 1876, §3109; Code 1886, §2756; Code 1896, §3328; Code 1907, §5364; Acts 1915, No. 716, p. 815; Code 1923, §9509; Code 1940, T. 7, §273.)
All instruments of evidence and depositions read to the jury may be taken out by them on their retirement.
(Code 1852, §2269; Code 1867, §2673; Code 1876, §3023; Code 1886, §2757; Code 1896, §3329; Code 1907, §5365; Code 1923, §9511; Code 1940, T. 7, §275.)
When a verdict is entered in either a civil or criminal case and before it is recorded, the jury may be polled, on the requirement of either party, in which case they must be asked severally if it is their verdict; and, if any answer in the negative, the jury must be sent out for further deliberation.
(Code 1852, §653; Code 1867, §4205; Code 1876, §4910; Code 1886, §4484; Code 1896, §5308; Code 1907, §7317; Code1923, §8699; Code 1940, T. 30, §101.)
There shall be a jury commission in every county in this state.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §8.)
Each of said jury commissions shall be composed of three members who shall be qualified electors of the county in which they are appointed and shall be persons reputed for their fairness, impartiality, integrity and good judgment.
Members of the commission shall not during the term for which they are appointed and during their tenure in said office hold any other office by appointment or election or perform any other public duty under the federal, state, county or municipal government which carries with it any compensation whatsoever.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §9; Acts 1966, Ex. Sess., No. 285, p. 428, §1.)
The Governor shall appoint the members of the several jury commissions who shall constitute said several commissions during the Governor’s tenure of office and until their successors are appointed and qualified, and thereafter the Governor shall appoint the members of said jury commissions for and only during the tenure of office of the Governor making the appointment and until their successors are appointed and qualified.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §10.)
The members of the jury commission shall elect one of their number president of the commission. Any two members of the commission shall be a quorum for the transaction of business. Every member of the commission before entering upon the discharge of his duties must take the oath of office prescribed by Section 279 of the Constitution and must be commissioned by the Governor.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §11.)
(a) Upon written order of the presiding circuit judge or his designee, the jury commission shall meet on such days as are required to replenish the number of names in the trial court jury box and to perform such other necessary duties as are related thereto. Each member of the jury commission shall be paid the sum of $10.00 for each day he is actually engaged in the discharge of his duties pursuant to the order of the presiding circuit judge. The president of each jury commission shall submit all claims for compensation for its members along with a copy of the order of the presiding circuit judge to the Administrative Director of Courts. Claims shall be submitted on such forms as may be prescribed by the Administrative Director of Courts, and, if approved, shall be processed and paid by the state.
(b) The compensation of each member of the commission shall not exceed for any year of his term the following amounts:
(1) In counties of 25,000 population or less, $200.00;
(2) In counties exceeding 25,000 and not exceeding 50,000 population, $500.00; and
(3) In counties having a population of more than 50,000, but not more than 600,000, $600.00; and
(4) In counties having a population of more than 600,000, $1,200.00.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §12; Acts 1953, No. 743, p. 1006; Acts 1978, No. 821, p. 1207, §2; Acts 1983, No. 83-512, p. 734, §1; Acts 1984, No. 84-259, p. 431, §1.)
(a) Should any member of the commission become disqualified under the provisions of this article, the fact of such disqualification and the ground or reason therefor shall be certified to the Governor by the judge of the circuit court for the county; and, when so certified, the office of the member of the commission shall become vacant and the Governor shall appoint his successor to fill out the unexpired term.
(b) In case of any vacancy from any other cause in the office of a member of the commission, the Governor shall appoint a member to fill such vacancy who shall hold office for the unexpired term.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §14.)
In the event that two members of the jury commission are absent from the state, sick or for any reason cannot discharge the duties imposed upon them by this article, then the other member of the commission shall notify any judge of a court of record residing in the county to appear and take the place of the absent members; and, in such case, one judge and one member shall constitute a quorum. If no such judge is present or able to serve, the other member must immediately notify the Governor, who shall appoint competent persons to act as members of the commission until the regular members are present and able to discharge their duties.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §13.)
(a) The clerk of the circuit court in counties having a population of 60,000 or less according to the last federal census preceding his election or appointment, may elect to serve as clerk of the jury commission; provided that notice of his intent to serve as clerk for the commission shall be filed in writing with the presiding circuit judge and the Administrative Director of Courts within 30 days after assuming the duties of clerk of the circuit court. Provided that the provisions of this section shall not prohibit any clerk of the circuit court who is on August 17, 1983, serving as clerk of the jury commission or clerk of any similar body established by local law to act in lieu of the jury commission, from serving as clerk of the jury commission as provided in this article, regardless of the population of their respective counties; all provisions to the contrary in subsection (b) of this section notwithstanding. Provided further that on August 17, 1983, any clerk of the circuit court who is serving as clerk of the jury commission or clerk of any similar body established by local law to act in lieu of the jury commission, shall continue to serve as clerk of the jury commission, unless and until notice of their intent not to serve in such capacity is filed with the presiding circuit judge and the Administrative Director of Courts.
(b) In counties having a population of more than 60,000 according to the last or any subsequent federal census and in all other counties where the clerk of the circuit court does not serve as clerk of the jury commission, the commission shall employ a clerk who shall serve at the pleasure of the commission subject, however, to the election of the clerk of the circuit court to serve in such capacity as provided in subsection (a) of this section.
(c) The clerk of the jury commission, whether he is the clerk of the court or not, shall be paid for his services rendered under the direction of the president of the commission, the sum of $10.00 per day while actually engaged in performing his duties. All claims for services rendered by the clerk of the jury commission shall be submitted to the Administrative Office of Courts by the president of the commission on such forms as may be prescribed by the Administrative Director of Courts. If approved, said claims shall be processed and paid by the state.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §15; Acts 1953, No. 516, p. 650, §2; Acts 1955, No. 528, p. 1175; Acts 1983, No. 83-512, p. 734, §2.)
Every clerk of a jury commission, before entering upon the discharge of his duties under this article, must take and subscribe the oath of office prescribed by Section 279 of the Constitution and file the same for record in the probate office of the county.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §16.)
[Repealed]
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
The clerk of the jury commission shall give such time to the performance of his duties as may be required by the jury commission but shall not be paid for Sundays.
The jury commission may at any time discharge any clerk employed by it and employ another.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §19.)
[Repealed]
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
[Repealed]
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
[Repealed]
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
Whenever a court requiring grand and petit juries or petit juries is established for and held in a territorial subdivision of the county, the jury commission shall make and keep a separate roll and make a separate box for that court and territorial subdivision, on which roll and in which box only the names of jurors residing in that territory shall be placed, which box shall be kept by the clerk of said court and the key thereof by the judge of said court, and all jurors for that court shall be drawn by the judge of said court as provided in this article from the separate jury box provided under this section and shall be summoned as provided by law for summoning jurors otherwise drawn. The names of jurors whose names are required to be placed on the roll and in the box provided for in this section shall not be placed on any other roll nor in any other box nor shall any such person be authorized or required to serve as a juror in any court outside of said territorial subdivision.
If there is more than one court requiring grand and petit juries or petit juries established for and held in such territorial subdivision of the county, all of such courts shall procure their juries from the box provided for in this section.
This section is intended to apply to any division of a court that is held in such territorial subdivision, including the probate court. It is not the object or effect of this section to repeal or affect any local law.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §25.)
Whenever it shall appear to the judge of the circuit court that the jury box is so nearly exhausted as to require refilling, he shall notify the president of the jury commission, who in turn shall call together the other members of the commission and shall proceed to refill the box as provided in this chapter; provided, that the judge of the circuit court may, whenever in his discretion he deems it necessary or expedient, call the jury commission together and empty and refill the jury box of the particular county as provided in this chapter.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §22.)
Whenever the names in the jury box are exhausted or so far depleted that they will probably be exhausted at the next drawing of jurors, the jury commission shall proceed to make and certify a new roll and deposit the names in the box in all respects as provided in this article; and, for this purpose, the jury commission shall meet whenever it is necessary and refill the jury box.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §23.)
The clerks of the several courts in which juries are empaneled shall, from time to time as the juries are empaneled, certify to the jury commission the names of all persons so empaneled, and the clerk of the commission, under the direction of the commission shall note opposite the names of such persons on the jury roll the date on which and the court in which they were empaneled.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §27.)
The clerks of the several courts shall also certify to the jury commission the names of all persons who have been found by the court to be disqualified or exempt, which fact shall be noted opposite their respective names on the jury roll.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §28.)
Whenever it appears to the court that a person’s name has been placed upon a jury roll who did not, at the time he was enrolled, possess the qualifications required by law, the court may, in its discretion, upon excusing the person from service, tax the cost of summoning the person and his attendance and excusing him against the clerk of the commission or against any one or more of the members.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §29.)
The probate judge of every county shall, upon the request of the president of the commission, purchase the necessary books in which to keep the jury rolls and the record of the proceedings and the necessary cards, stationery and things of all kinds required by the commission and shall draw his warrant on the county treasury for the payment of the same.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §26.)
Any member of a jury commission or clerk thereof who neglects to perform any duty imposed upon him by this article or any person who, being duly summoned to attend before the jury commission, willfully fails to do so or attending refuses to testify shall be guilty of a misdemeanor.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §17.)
It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity, in accordance with this article, to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose.
(Acts 1978, No. 594, p. 712, §1.)
A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin or economic status.
(Acts 1978, No. 594, p. 712, §2.)
(a) The jury commission for each county shall compile and maintain an alphabetical master list of all persons in the county who may be called for jury duty, with their addresses and any other necessary identifying information. This list may include all registered voters, persons holding drivers’ licenses and registering motor vehicles, and may include other lists, such as lists of utility customers and persons listing property for ad valorem taxation, which will include persons whose listing will foster the policy and protect the rights provided in Sections 12-16-55 and 12-16-56. The list shall avoid duplication of names. The list shall be reviewed and corrected and new names added from time to time, but at least once every four years.
(b) Whoever has custody, possession or control of any lists used in compiling the master list shall make the list available to the jury commission for inspection, reproduction and copying at all reasonable times.
(c) The master list shall be open to the public for inspection at all reasonable times.
(Acts 1978, No. 594, p. 712, §3.)
(a) The name or identifying number of every prospective juror whose name is drawn from the master list pursuant to subsection (b) shall be set forth on a card and placed in the master jury box as provided in this section.
(b) The number of names or identifying numbers to be placed in the master jury box shall be a minimum of 1,000 plus one percent of the total number of names on the master list. From time to time names or identifying numbers of additional prospective jurors may be placed in the master jury box as determined by the jury commission or ordered by the circuit court. The master jury box shall be emptied and refilled by December 31 of each even numbered year.
(c) The names or identifying numbers of prospective jurors which shall be placed in the master jury box shall be selected by the jury commission at random from the master list as follows:
The total number of names on the master list shall be divided by the number of names to be placed in the master jury box and the whole number next greater than the quotient shall be the key number, except that the key number shall never be less than two. A starting number for making the selection shall then be determined by a random method from the numbers one to the key number, both inclusive. The required number of names shall then be selected from the master list by taking in order the first name on the master list corresponding to the starting number and by then taking successively the names appearing on the master list at intervals equal to the key number, recommencing if necessary at the start of the list until the required number of names has been selected. Upon recommencing at the start of the list, or if additional names are subsequently selected for the master jury box, names previously selected from the master list shall be disregarded in selecting additional names.
(Acts 1978, No. 594, p. 712, §4; Acts 1978, 2nd Ex. Sess., No. 14, p. 1692, §1; Acts 1981, No. 81-788, p. 1381, §1.)
(a) From time to time and in a manner prescribed by the circuit court, the jury commission shall publicly draw at random from the master jury box the names or identifying numbers of as many prospective jurors as the court orders. Neither the names drawn nor any list thereof shall be disclosed to any person other than pursuant to this article or specific order of the court. The jury commission shall mail to every prospective juror whose name is drawn from the master jury box a juror qualification form accompanied by instructions to fill out and return the form to the jury commission within 10 days after its receipt.
(b) The juror qualification form shall be prepared by the Supreme Court of Alabama and shall elicit the name, age and address of the prospective juror, and whether or not the prospective juror:
(1) Is a citizen of the United States;
(2) Has been a resident of the county for 12 months;
(3) Is able to read, speak, understand and follow instructions given by a judge in the English language;
(4) Has lost the right to vote by conviction for any offense involving moral turpitude.
(c) The juror qualification form shall contain the prospective juror’s declaration that the responses are true to the best of the knowledge of the juror. If the prospective juror is unable to fill out the form, another person may do so for the juror, and shall indicate on the form who filled it out and the reason therefor.
(d) If there is an omission, ambiguity or error in a returned form, the commission shall again send a form to the prospective juror with instructions to make the necessary additions, clarification or correction and return the form within 10 days of its receipt.
(e) In the event any prospective juror fails to return a completed juror qualification form as instructed by the commission, the commission shall notify the prospective juror to appear forthwith before the commission to fill out properly the juror qualification form. At the time of the appearance of the juror before the commission, the juror may be required to fill out another form, and may be questioned with regard to the responses to the questions contained on the form and the grounds for excuses or disqualification. Any information thus acquired shall be noted on the form.
(f) In the event any prospective juror fails to return a completed juror qualification form as instructed by the commission, or fails to appear before the commission, the name of such prospective juror may be certified to the court to appear and show cause for such failure. If the prospective juror fails to appear pursuant to the court’s order, or fails to show good cause for failure to follow instructions of the commission, such prospective juror shall be guilty of criminal contempt of court, and upon conviction shall be punished accordingly.
(g) Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of securing or avoiding service as a juror shall be guilty of a misdemeanor, and upon conviction therefor, shall be punished accordingly.
(Acts 1978, No. 594, p. 712, §5.)
(a) A prospective juror is qualified to serve on a jury if the juror is generally reputed to be honest and intelligent and is esteemed in the community for integrity, good character and sound judgment and also:
(1) Is a citizen of the United States, has been a resident of the county for more than 12 months and is over the age of 19 years;
(2) Is able to read, speak, understand and follow instructions given by a judge in the English language;
(3) Is capable by reason of physical and mental ability to render satisfactory jury service, and is not afflicted with any permanent disease or physical weakness whereby the juror is unfit to discharge the duties of a juror;
(4) Has not lost the right to vote by conviction for any offense involving moral turpitude.
(b) The jury commission shall determine, on the basis of information provided on the jury qualification form or interviews with the prospective juror or other competent evidence:
(1) If the prospective juror is qualified. If so, the name or identifying number of the juror shall be placed in the trial court jury box.
(2) If not, the commission shall notify the prospective juror of its decision and certify the juror’s name to the court as disqualified. The juror shall have 10 days within which to appear before the court to review such decision. If the court finds such juror to be qualified, the court shall so certify to the commission. If the juror fails to appear, or the court finds such juror not qualified, the court shall so certify to the commission.
(c) In any event, the jury commission shall enter on the master list the ultimate determination of the qualification of each juror.
(Acts 1978, No. 594, p. 712, §6.)
The jury commission shall maintain a trial court jury box and shall place therein the names or identifying numbers of all prospective jurors drawn from the master jury box who are not disqualified from which grand juries and petit juries are drawn as provided by law.
(Acts 1978, No. 594, p. 712, §7.)
AMENDED BY ACT 2026-529, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
No qualified prospective juror is exempt from jury service.
(Acts 1978, No. 594, p. 712, §8.)
(a) Upon the request of a prospective juror pursuant to this section, the court shall determine, on the basis of information provided during an interview with the prospective juror or based on other competent evidence, whether the prospective juror should be excused from jury service.
(b) An individual who is not disqualified for jury service may apply to be excused from jury service by the court only upon a showing of one of the following:
(1) That serving on a jury would result in undue or extreme physical or financial hardship.
(2) The prospective juror has a mental or physical condition that incapacitates him or her.
(3) The prospective juror is a nursing mother at the time she receives a summons.
(4) The prospective juror should be excused for reasons of public necessity.
(c)(1) An individual asking to be excused based on undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty. Upon the request of the court, the individual seeking to be excused must provide documentation of the hardship.
(2) For purposes of this section, undue or extreme physical or financial hardship is limited to any of the following circumstances in which an individual would:
a. Be required to abandon an individual under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury.
b. Incur costs that would have a substantial adverse impact on the payment of the individual’s necessary daily living expenses or on those for whom he or she provides the principal means of support.
c. Suffer physical hardship that would result in illness or disease.
(3) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment.
(d) An individual asking to be excused under subdivision (b)(3) shall provide to the court: (i) a written statement that she is a nursing mother; and (ii) a certificate of birth or other government document or medical record certifying the birth of the child she is nursing.
(e)(1) A prospective juror excused pursuant to this section shall be exempt from jury service for a period of 24 months.
(2) At the conclusion of the 24-month period, the individual may be directed to reappear for jury service at the court’s direction.
(f) The excusal of an individual from jury service pursuant to this section may not affect his or her right to one automatic postponement under Section 12-16-63.1.
(Acts 1978, No. 594, p. 712, §9; Act 2005-311, 1st Sp. Sess., p. 633, §1; Act 2025-454, §2.)
(a) Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time only. When requested, postponements shall be granted, upon consideration of the following:
(1) The juror has not previously been granted a postponement.
(2) The prospective juror appears in person or contacts the clerk by telephone, electronic mail, or in writing to request a postponement.
(3) Prior to the grant of a postponement with the concurrence of the court, the prospective juror fixes a date certain on which he or she will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session.
(b) A subsequent request to postpone jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden grave illness, or a natural disaster or a national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror shall fix a date certain on which the individual will appear for jury service within six months of the postponement on a date when the court will be in session.
(Act 2005-311, 1st Sp. Sess., §2.)
All records and papers compiled and maintained by the jury commission in connection with the selection and service of jurors shall be preserved by the jury commission for four years after the master jury box used in their selection is emptied and refilled and for any longer period ordered by the court.
(Acts 1978, No. 594, p. 712, §10.)
When jurors, grand or petit, are needed for court, the judge, or where there are more than one, then any one of the judges of the court, shall at a time within his or her discretion, but at least 20 days prior to the date on which the prospective jurors are to serve, draw or cause to be provided from the master jury list compiled pursuant to Rule 40, Alabama Rules of Judicial Administration, the names of prospective jurors in a number the judge deems sufficient to obtain the juries needed for the period for which the names are drawn; provided, however, if prior to the date of service, it appears that an insufficient number of prospective jurors summoned will be available to constitute the juries for the period for which they were summoned, the court shall cause the names of additional prospective jurors to be provided and to be summoned for service forthwith.
The names so provided shall be forwarded forthwith to the clerk of the court who shall retain possession thereof without disclosing to anyone the names drawn nor any list thereof. Not less than 20 days before the day the prospective jurors are to first appear in court for service as jurors, the clerk shall make a list of names drawn, showing the date on which the prospective jurors shall appear and in what court they shall serve and shall enter opposite every name the residence address, and may include, for informational purposes to counsel, the occupation of the person and his or her place of business, and the Administrative Office of Courts shall forthwith summon the persons named thereon by any means authorized by law to appear and serve as jurors. The accuracy of any information which might be furnished to counsel shall not be grounds for challenging a verdict rendered by a jury.
(Code 1907, §7248; Acts 1909, No. 227, p. 305; Code 1923, §8616; Code 1940, T. 30, §30; Acts 1981, No. 81-788, p. 1381, §2; Act 2005-311, 1st Sp. Sess., §1.)
If for any reason the judge of the court fails to draw the juries as required in Section 12-16-70 before the 20 days mentioned therein, the clerk of such court shall notify the presiding judge and he shall, upon receiving such notification, immediately draw the juries for the next session of the court in the manner provided in this article.
(Acts 1909, No. 227, p. 305; Code 1923, §8618; Code 1940, T. 30, §32; Acts 1981, No. 81-788, p. 1381, §8.)
(a) Every order to summon jurors, except as otherwise provided in this article, shall be executed by the sheriff by either of the following methods at the election of the sheriff:
(1) By giving personal notice to every such person or by leaving a written notice at the place of residence of the summoned juror with some family member of the juror or with some person residing at the same residence, at least two days before the day appointed for the service of the juror in court; or
(2) By placing a written notice to a person named in the order to summon jurors in the United States mail, first class, postage prepaid and addressed to the residence of the person summoned. The envelope in which such notice is mailed shall indicate the return address of the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated address it shall be returned to the sheriff. Such notice must be deposited in the United States mail not less than 15 days before the day appointed for the service of the juror in court. If such notice shall not be returned to the sheriff, the mailed notice shall be considered to be legal service. If any such mailed notice shall be returned to the sheriff more than three days before the day appointed for the service of the juror in court, then such notice may be served in the manner provided in subdivision (1) of this subsection. Any juror whose mailed notice shall be returned to the sheriff three days or less before the day appointed for the service of the juror in court shall be reported by the sheriff as “Not Found.”
(b) Orders to summon jurors instanter may not be served by United States mail but shall be served in the manner provided in subdivision (1) of subsection (a) of this section.
(c) The order to summon jurors shall be returned to the clerk of the court whence it issued, with the proper return thereon, showing the manner of service by the sheriff, on or before the day appointed for appearance of the jurors.
(Acts 1909, No. 227, p. 305; Code 1923, §8619; Code 1940, T. 30, §33; Acts 1980, No. 80-640, p. 1208, §1.)
The court shall require the names to be called from the venire list of all persons who have been served with a summons to appear in court that day for service as jurors and whose service has not been previously excused or postponed. The court may hear any excuses not previously heard and shall pass upon the qualifications of those in attendance for grand jury service. The court may in any case, including capital cases, excuse or postpone the service of any prospective juror outside the presence of the parties and their counsel in accordance with the provisions for excusal contained in Section 12-16-63.
If a grand jury is to be empaneled, the court shall draw from the venire list on a random basis the names of 18 persons qualified and in attendance who shall be sworn and empaneled as the grand jury. If a petit jury is also to be empaneled, all qualified persons remaining whose service is not excused or postponed shall be sworn as petit jurors. If no grand jury is to be empaneled, all persons appearing who are qualified and not excused or whose service is not postponed shall be sworn as petit jurors. The court shall then cause to be randomly compiled a master strike list containing the names of all petit jurors so sworn as jurors.
(Acts 1919, No. 715, p. 1039; Code 1923, §§8622, 8623; Code 1940, T. 30, §§38, 39; Acts 1981, No. 81-788, p. 1381, §3; Act 2005-311, 1st Sp. Sess., §1.)
(a) Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge.
(b) A juror who has served on a petit jury in this state shall not be summoned to serve again as a petit juror in any court of this state for 24 months following the last day of service.
(Act 2005-311, 1st Sp. Sess., §2.)
Whenever there are not enough qualified jurors in attendance upon the court to form the juries required, the judge of the court shall cause to be provided from the master jury list names of as many prospective jurors as the judge deems necessary to complete the empaneling of all juries then required. The court shall forthwith cause to be summoned all prospective jurors thus drawn to attend court when required, and they may be summoned by personal service or by telephone. The court shall then proceed to empanel or complete the empaneling of the juries as provided in this article.
If, prior to commencement of striking, due to challenges for cause or for any other reason, the number of names on the lists from which the parties are to strike is reduced below the minimums established in Rule 18.4, Alabama Rules of Criminal Procedure, in criminal cases or Rule 47, Alabama Rules of Civil Procedure, in civil cases, unless the parties agree to strike from such lesser number, the court shall fill the deficiency first from the remaining available petit jurors sworn. If the number of available petit jurors sworn is insufficient to fill the deficiency, the remaining deficiency shall in the discretion of the court be filled by waiting until other petit jurors sworn become available or by randomly drawing or causing to be provided from the master jury list at least twice the number of names needed to fill the deficiency remaining. The court shall forthwith cause to be summoned all prospective jurors thus drawn in any of the manners set forth in this section. The names of those persons found competent to hear the case shall be added to the strike list in at least the number necessary to fill the deficiency.
(Acts 1909, No. 227, p. 305; Code 1923, §8627; Code 1940, T. 30, §41; Acts 1981, No. 81-788, p. 1381, §4; Act 2005-311, 1st Sp. Sess., §1.)
Whenever a jury is required to try any issue in a probate court of the county, other than inquisition proceedings regarding mental illness, the probate judge shall procure the jury box and key thereto and shall draw from the jury box as many names as he may think necessary, in no case less than 24, and shall immediately return the key and box to the proper custodian thereof respectively. After each name is drawn, it shall not be returned to the jury box and there shall be no selection of names, and the probate judge shall make and file a record of the drawing and issue an order to the sheriff requiring him to summon the jurors, and the probate judge shall draw the juries in the manner provided by this article, and the judge shall call the names of those disqualified and exempt and those empaneled to be certified to the jury commission as required by law.
(Acts 1909, No. 227, p. 305; Code 1923, §8629; Code 1940, T. 30, §43.)
No objection can be taken to any venire of jurors except for fraud in drawing or summoning the jurors.
(Acts 1909, No. 227, p. 305; Code 1923, §8637; Code 1940, T. 30, §46.)
If the sheriff fails to summon any jurors drawn or any person summoned fails or refuses to attend the trial or there is any mistake in the name of any person drawn or summoned, none nor all of these grounds shall be sufficient to quash the venire or continue the case.
(Acts 1909, No. 227, p. 305; Code 1923, §8621; Code 1940, T. 30, §37.)
If any person summoned as a grand or petit juror shall fail to obey such summons without good excuse, to be determined by the court, he or she shall be deemed guilty of a contempt of court; and, if no sufficient excuse is rendered for him or her at the time of his or her default, an order shall be entered for him or her to show cause why he or she shall not be adjudged guilty of contempt and punished accordingly; and, if he or she shall fail at the next session after the service of such notice to render such excuse, he or she shall be fined by the court not more than three hundred dollars ($300) and may be imprisoned in the county jail for not more than 10 days. In courts holding sessions longer than 30 days, the order shall be made returnable 20 days after it issues, and the person in default shall have 10 days after service in which to appear and render his or her excuse.
(Code 1896, §5046; Code 1907, §7307; Code 1923, §8689; Code 1940, T. 30, §47; Act 2005-311, 1st Sp. Sess., §1.)
Any person who shall unlawfully place in or withdraw from the jury box any name or names of persons or destroy, conceal or remove such jury box or place on or erase from the jury roll the name of any person or destroy, mutilate, conceal or remove such jury roll shall be guilty of a felony and, upon conviction, shall be sentenced to the penitentiary or to hard labor for the county for not less than six months nor more than two years, such period to be fixed by the court.
(Acts 1909, No. 227, p. 305; Code 1923, §4889; Code 1940, T. 30, §48.)
Any person who attempts, otherwise than by bribery, to influence any jury commissioner or any other officer charged with the execution of any duty concerning the selecting, drawing, summoning, empaneling or organizing of jurors or juries shall, on conviction, be fined not more than $1,000.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.
(Code 1886, §3922; Code 1896, §5099; Code 1907, §7479; Code 1923, §5071; Code 1940, T. 30, §50.)
Any person who does an act calculated to affect the fair drawing of a jury and with intent to affect the same shall, on conviction, be fined not less than $200.00 nor more than $1,000.00 and may also be imprisoned in the county jail for not more than six months, and if such person is a probate judge, sheriff or clerk of the circuit court or jury commissioner or a member of a county commission, his office shall be thereby vacated and shall be filled as in other cases of vacancy, on such conviction’s being certified to the appointing power by the presiding judge or the clerk of the court in which it is had.
(Code 1852, §543; Code 1867, §4093; Code 1876, §4766; Code 1886, §3923; Code 1896, §5100; Code 1907, §7480; Code 1923, §5072; Code 1940, T. 30, §51.)
Any sheriff or other officer having a discretion in summoning jurors who summons any person with intent to produce a result favorable to any party having a case in the court in which such person is summoned shall, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.
(Code 1852, §25; Code 1867, §3565; Code 1876, §4121; Code 1886, §3924; Code 1896, §5101; Code 1907, §7468; Code 1923, §5060; Code 1940, T. 30, §34.)
Any sheriff who connives at the commission of the offense prohibited by Section 12-16-87 by any constable, bailiff or deputy sheriff shall, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.
(Code 1852, §29; Code 1867, §3570; Code 1876, §4123; Code 1886, §3925; Code 1896, §5102; Code 1907, §7469; Code 1923, §5061; Code 1940, T. 30, §35.)
If the sheriff or any deputy shall negligently fail to summon any person to serve as a juror whom he is commanded to summon, he shall be held and deemed guilty of a contempt of court and shall be fined not more than $100.00 in every case where the person is not so served, and he may also be imprisoned in the county jail for not more than five days.
The return of any such person as “not found” shall be prima facie evidence of negligence on the part of the sheriff or deputy making the return, and he shall be punished by the court unless the court is reasonably satisfied from evidence produced that he was not negligent.
(Acts 1909, No. 227, p. 305; Code 1923, §§8620, 8621; Code 1940, T. 30, §§36, 37.)
(a) The provisions of this article as to the selection, drawing, summoning or empaneling of jurors are directory merely and not mandatory.
(b) The jurors selected, drawn, summoned and empaneled under the provisions of this article, whether at an earlier or later day than required by this article, must and shall in all respects be deemed legal and to possess in full in every respect power to perform all of the duties belonging to grand and petit jurors.
(Acts 1909, No. 227, p. 305; Code 1923, §8636; Code 1940, T. 30, §45.)
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon the trial by jury in the circuit courts of any person charged with a felony, including a capital felony, a misdemeanor, or violation, the court shall require a strike list or lists to be compiled from the names appearing on the master strike list as established in Section 12-16-74. In compiling the list or lists, names of qualified jurors may be omitted on a nonselective basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof given to all parties. The jurors whose names appear thereon shall be brought into open court, the case shall be called and in the presence of the district attorney and the defendant and his attorney, the jurors shall be examined on voir dire for the trial of the case at hand. After the conclusion of the voir dire examination and the removal from the strike list of the names of those jurors who were challenged or excused for good reason, the district attorney shall be required first to strike from the strike list the name of one juror, and the defendant shall strike one, and they shall continue to strike off names alternately until only 12 jurors remain on the strike list and these 12 jurors thus selected shall be the jury charged with the trial of the case. If any defendant shall refuse to exercise a strike to which he is entitled, then the judge presiding shall exercise that defendant’s strike for him. The number of names appearing on the strike list upon commencement of striking, unless a lesser number is agreed to by the parties, shall not be less than 36 if the offense charged is a capital felony nor less than 24 if the offense charged is a felony not punished capitally nor less than 18 if the offense charged is a misdemeanor or violation. In the event the list of competent prospective jurors is reduced to fewer than the number required by this subsection, the court shall add prospective jurors in the manner prescribed in Section 12-16-76. No special venire shall be ordered, drawn, or summoned for the trial of any person indicted for a capital felony.
(b) The court may in its discretion qualify such alternate jurors as it deems necessary, except that in capital cases the court shall qualify at least two alternate jurors, as required by law. Alternate jurors shall be drawn from the venire in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors, except that they shall not deliberate with the jury or vote upon the verdict unless designated to replace a principal juror. An alternate juror who does not replace a principal juror shall be discharged at the time the jury retires to consider its verdict.
(c) If the court determines that more than two alternate jurors shall be selected in a capital case, or that one or more alternate jurors shall be selected in a noncapital case, upon commencement of striking, unless the parties consent to the use of a lesser number, the minimum number of names required on the strike list in subsection (a) shall be increased by two for each alternate juror to be selected; provided that such increase in names shall not apply for the first two alternate jurors to be selected in a capital case. The parties shall then strike from the strike list as herein provided until there remain 12 jurors. The last juror or jurors struck shall be the alternate or alternates, and if it becomes necessary for an alternate to replace a principal juror, the last juror struck shall be designated. The identity of alternate jurors shall not be divulged to the jurors until the jury retires for deliberation.
(d) Any county having existing laws on April 15, 1982 establishing procedures for the selection and use of alternate jurors, may at the election of the presiding circuit judge, continue to follow the provisions of such law with respect to the selection of alternate jurors. Such election must be made in writing within 30 days of April 15, 1982 and filed with the Secretary of State, the Clerk of the Supreme Court, the Administrative Office of Courts and the local bar of the county affected thereby. At any time after said election, either the presiding circuit judge, or a majority of the circuit judges in the circuit wherein the county is located, may elect to come under the provisions of this chapter by filing written notice as required above.
(Acts 1919, No. 715, p. 1039; Code 1923, §8641; Code 1940, T. 30, §60; Acts 1981, No. 81-788, p. 1381, §5; Acts 1982, No. 82-221, p. 267.)
In case two or more persons are tried jointly, the district attorney shall strike one, and each defendant shall have the right to strike off one name, and they shall continue thus to strike off names until only 12 jurors remain, and the 12 jurors thus selected shall be the jury charged with the trial of the defendants.
(Acts 1919, No. 715, p. 1039; Code 1923, §8642; Code 1940, T. 30, §61.)
In all civil actions triable by jury, either party may demand a struck jury and must thereupon be furnished by the clerk with a list of 24 jurors in attendance upon the court, from which a jury must be obtained by the parties or their attorneys alternately striking one from the list until 12 are stricken off, the party demanding the jury commencing.
The jury thus obtained must not be challenged for any cause, except bias or interest as to the particular case.
(Code 1852, §2264; Code 1867, §2668; Code 1876, §3018; Code 1886, §2752; Code 1896, §2656; Code 1907, §4635; Code 1923, §8663; Acts 1932, Ex. Sess., No. 35, p. 34; Code 1940, T. 30, §54.)
Notwithstanding any provision of Title 12, Chapter 16, the presiding circuit judge, with the consent of the circuit judges of the court, may elect to utilize the following alternate juror selection and qualification plan after notice to the Administrative Director of Courts, which eliminates the master jury box and the interposition of the jury commission in the qualifying process, and embraces and combines the qualification and summoning process, as follows:
The jury commission shall meet and cause to be compiled and maintained a master list of persons in the county, together with their residence addresses, who may be called for jury service. The list shall be compiled and maintained, avoiding duplication as far as possible, from one or more of the sources named in Section 12-16-57 to include persons whose listings will foster the policy and protect the rights provided in Sections 12-16-55 and 12-16-56. This list shall be compiled prior to the implementation of the alternate plan and shall be revised by December 31 of each even-numbered year thereafter.
When jurors, grand or petit, are needed for any future term or terms of court, at least 20 days prior to the first day on which the prospective jurors are to serve, the presiding circuit judge or a circuit judge designated by him shall cause to be randomly drawn from the master list the names of prospective jurors in a number he deems sufficient to obtain the juries needed for the term or terms for which the names are drawn; provided, however, if prior to the first day of service, it appears that an insufficient number of the prospective jurors summoned will be available to constitute the juries for the period for which their names were drawn, the court shall cause the names of additional prospective jurors to be drawn randomly and cause them to be summoned for service forthwith. The prospective jurors whose names are drawn, along with any other person whose jury service has been postponed to such time, shall be summoned by first-class mail notwithstanding any other provision of law; the cost of summoning the prospective jurors under this alternate plan shall be an expense of the court.
Prior to the date on which a prospective juror has been summoned to appear, the presiding circuit judge, or a court official designated by him, shall have the authority to disqualify the prospective juror or to excuse or postpone his service to any future date, notwithstanding the provisions of any other law.
On the day the prospective jurors have been summoned to appear in court, a circuit judge shall examine the prospective jurors on oath touching upon their qualifications as jurors and either qualify or disqualify them in accordance with the provisions for qualification contained in Section 12-16-60. Those persons qualified and whose jury service is not excused or postponed shall become the venire from which grand or petit juries are chosen in accordance with other provisions of law.
The presiding circuit judge, with the consent of the circuit judges of the court, may at any time elect to discontinue use of the alternate plan and to proceed according to other available provisions of this article.
(Acts 1981, No. 81-788, p. 1381, §6.)
Any of the procedures established in Title 12, Chapter 16, governing the selecting, qualifying, drawing, summoning, and empaneling of juries (including but not limited to any one or all of the following procedures: compilation and maintenance of the master list; the combined qualification and summoning process; the selection and maintenance of the trial court jury box, including the preparation and issuance of qualification questionnaires; the drawing from the trial court jury box; the preparation of the venire list and summons; or the compilation of the master or other strike lists) may be accomplished and maintained by mechanical or electronic data processing equipment available to an individual county or to several counties, or centralized for all the counties or any combination thereof after written notice to the Administrative Director of Courts. The actual presence of any official normally required to be present shall not be required when mechanical or electronic data processing equipment is used to implement any of the foregoing procedures.
Any procedure accomplished by mechanical or electronic data processing equipment shall be performed in accordance with any random selection requirement of Title 12, Chapter 16, and shall be open to public inspection, and further, shall constitute a public drawing or selection.
(Acts 1981, No. 81-788, p. 1381, §7.)
It is good ground for challenge of a juror by either party:
(1) That the person has not been a resident householder or freeholder of the county for the last preceding six months.
(2) That he is not a citizen of Alabama.
(3) That he has been indicted within the last 12 months for felony or an offense of the same character as that with which the defendant is charged.
(4) That he is connected by consanguinity within the ninth degree, or by affinity within the fifth degree, computed according to the rules of the civil law, either with the defendant or with the prosecutor or the person alleged to be injured.
(5) That he has been convicted of a felony.
(6) That he has an interest in the conviction or acquittal of the defendant or has made any promise or given any assurance that he will convict or acquit the defendant.
(7) That he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.
(8) That he is under 19 years of age.
(9) That he is of unsound mind.
(10) That he is a witness for the other party.
(11) That the juror, in any civil case, is plaintiff or defendant in a case which stands for trial during the week he is challenged or is related by consanguinity within the ninth degree or by affinity within the fifth degree, computed according to the rules of the civil law, to any attorney in the case to be tried or is a partner in business with any party to such case.
(12) That the juror, in any civil case, is an officer, employee or stockholder of or, in case of a mutual company, is the holder of a policy of insurance with an insurance company indemnifying any party to the case against liability in whole or in part or holding a subrogation claim to any portion of the proceeds of the claim sued on or being otherwise financially interested in the result of the case.
(Code 1852, §§628, 631; Code 1867, §§4180, 4193; Code 1876, §§4881, 4884; Code 1886, §4331; Code 1896, §5016; Code 1907, §7276; Code 1923, §8610; Code 1940, T. 30, §55; Acts 1955, No. 260, p. 605; Acts 1981, No. 81-97, p. 115.)
Of the causes of challenge specified in Section 12-16-150, the first four may be proved by the oath of the person summoned or by other evidence, the fifth and sixth by other testimony only, the seventh by the oath of the person alone and the others as the court may direct.
(Code 1852, §§629, 631; Code 1867, §§4181, 4183; Code 1876, §§4882, 4884; Code 1886, §4332; Code 1896, §5017; Code 1907, §7277; Code 1923, §8611; Code 1940, T. 30, §56.)
On the trial for any offense which may be punished capitally or by imprisonment in the penitentiary, it is a good cause of challenge by the state that the person would refuse to impose the death penalty regardless of the evidence produced or has a fixed opinion against penitentiary punishment or thinks that a conviction should not be had on circumstantial evidence, which cause of challenge may be proved by the oath of the person or by other evidence.
(Code 1852, §630; Code 1867, §4182; Code 1876, §4883; Code 1886, §4333; Code 1896, §5018; Code 1907, §7278; Code 1923, §8612; Code 1940, T. 30, §57.)
The following oath shall be administered by the clerk, in the presence of the court, to each of the petit jurors: “You do solemnly swear (or affirm, as the case may be) that you will well and truly try all issues which maybe submitted to you during the present session (or week, as the case may be), and true verdicts render according to the evidence - so help you God”; and the same oath must be administered to the talesman, substituting the word “day” for “session.”
(Code 1852, §542; Code 1867, §4092; Code 1876, §4765; Code 1886, §4328; Code 1896, §5013; Code 1907, §7273; Code 1923, §8608; Code 1940, T. 30, §58.)
The following oath shall be administered to the foreman of the grand jury: “You, as foreman of the grand jury of _____ county, do solemnly swear (or affirm as the case may be) that you will diligently inquire and true presentment make of all indictable offenses given you in charge, as well as those brought to your knowledge, committed or triable within the county; the state’s counsel, your fellows’ and your own you shall keep secret; you shall present no person from envy, hatred or malice, nor leave any one unpresented from fear, affection, reward or the hope thereof; but you shall present all things truly as they come to your knowledge, to the best of your understanding. So help you God.”
(Code 1852, §532; Code 1867, §4082; Code 1876, §4755; Code 1886, §4339; Code 1896, §5024; Code 1907, §7284; Code 1923, §8666; Code 1940, T. 30, §73.)
After the oath prescribed in Section 12-16-171 has been administered to the foreman, the following oath shall be administered to the other grand jurors: “The same oath which your foreman has taken, on his part, you and each of you, on your respective parts, shall well and truly observe and keep. So help you God.”
(Code 1852, §533; Code 1867, §4083; Code 1876, §4756; Code 1886, §4340; Code 1896, §5025; Code 1907, §7285; Code 1923, §8667; Code 1940, T. 30, §74.)
No criminal case taken by appeal to the Court of Criminal Appeals shall be reversed because of any defect in the administration of the oath to any grand or petit jury, unless the record in the case discloses the fact that some objection was taken in the court below during the progress of the trial, based on such defect.
(Code 1886, §4329; Code 1896, §5014; Code 1907, §7274; Code 1923, §8609; Code 1940, T. 30, §59.)
(a) There shall be empaneled in every county having less than 50,000 population not less than two grand juries in every year; and, when they have completed their labors, in its discretion, the court may permit them to take a recess subject to the call of the judge of the circuit court or Chief Justice of the Supreme Court, and they may be reassembled at any place where the circuit court of the county is to be held.
(b) In all counties having over 50,000 population, there shall be empaneled not less than four grand juries in every year.
(Acts 1915, No. 712, p. 809; Code 1923, §8665; Code 1940, T. 30, §72.)
It shall be the duty of the grand jury to determine at least once annually the condition of the county jail in regard to its sufficiency for the safekeeping of prisoners and their accommodation and health and to inquire into the manner in which the same has been kept since the last determination. The determination may include a personal inspection and a review of all inspection records of the jail. If it shall be found that such jail is not constructed in the manner prescribed by law and so strongly and securely built as to prevent the escape of prisoners confined therein and properly ventilated, the grand jury shall, as often as may be necessary, present its findings to the district attorney, sheriff and county commission for appropriate action.
(Code 1852, §§544, 772; Code 1867, §§906, 4094; Code 1876, §§825, 4767; Code 1886, §4341; Code 1896, §5026; Code 1907, §7287; Code 1923, §8669; Code 1940, T. 30, §76; Act 2012-390, p. 1049, §1.)
It shall be the duty of the grand jury to examine into the condition of the county treasury and the bonds of all county officers with regard to their correctness and sufficiency and to report upon the same, to inquire into all indictable offenses committed or triable within the county, which, as they may be advised by the court, are not barred by the lapse of time or some other cause, and to perform such other duties as are or may be by law required of them.
(Code 1852, §544; Code 1867, §4094; Code 1876, §4767; Code 1886, §4342; Code 1896, §5027; Code 1907, §7288; Code 1923, §8670; Code 1940, T. 30, §77.)
It shall be the duty of the sheriff to deliver the book in which he enters his accounts with the state for feeding prisoners to the foreman of the grand jury of the circuit court of such county upon the first day of each session thereof, and it shall be the duty of the grand jury to inquire into the correctness of such accounts as may have been made out since the preceding session.
(Code 1886, §4343; Code 1896, §5028; Code 1907, §7289; Code 1923, §8671; Code 1940, T. 30, §78.)
It shall be the duty of the district attorney and grand jury at every session of the circuit court to examine the fee book of the probate judge and ascertain if illegal fees have been received.
(Code 1852, §3068; Code 1867, §3539; Code 1876, §5022; Code 1886, §4344; Code 1896, §5030; Code 1907, §7291; Code 1923, §8673; Code 1940, T. 30, §80.)
It shall be the duty of the district attorney and the grand jury at every session of the circuit court to examine the books and papers of the county superintendent of education.
(Code 1886, §4335; Code 1896, §5031; Code 1907, §7292; Code 1923, §8674; Code 1940, T. 30, §81.)
The district attorney and the grand jury shall be entitled to free access, at all proper hours, to the county jail, to the office of the county treasurer and to examination, without charge, of all records and other papers in any of the county offices connected in any way with their duties.
(Code 1852, §545; Code 1867, §4095; Code 1876, §4768; Code 1886, §4346; Code 1896, §5032; Code 1907, §7293; Code 1923, §8675; Code 1940, T. 30, §82.)
The district attorney, the foreman of the grand jury or the clerk of the court, on the application of the grand jury, must issue subpoenas for any witnesses whom they may require to give evidence before them, and if witnesses so summoned fail to attend, the subpoenas must be returned to the court, with the default thereon endorsed, signed by the foreman, and the same proceedings may thereupon be had against them as against defaulting witnesses, the endorsement of the foreman being presumptive evidence of the default.
(Code 1852, §551; Code 1867, §4101; Code 1876, §4774; Code 1886, §4347; Code 1896, §5033; Code 1907, §7294; Code 1923, §8676; Code 1940, T. 30, §83.)
District attorneys shall have authority, and it shall be their duty, to issue a subpoena for any person whom they may desire to appear before the grand jury to give evidence of any violation of the law.
(Code 1852, §85; Code 1867, §3627; Code 1876, §4215; Code 1886, §4348; Code 1896, §5034; Code 1907, §7295; Code 1923, §8677; Code 1940, T. 30, §84.)
Witnesses before the grand jury may be sworn by the district attorney or foreman.
A list of all witnesses summoned and in attendance before such jury during each session shall be kept by the foreman, and he shall give to each of such witnesses a certificate, stating the number of the case in which such witness attended, the number of days of his actual attendance, the number of miles traveled by him and the amount due him, and each of such items the foreman shall enter in a book kept for that purpose, and such book and list, certified by the foreman to be correct, must be by him returned into the court and by the clerk filed and kept as a part of the records of such court.
(Code 1852, §550; Code 1867, §4100; Code 1876, §4773; Code 1886, §4349; Code 1896, §5035; Code 1907, §7296; Code 1923, §8678; Code 1940, T. 30, §85.)
In the investigation of a charge for any indictable offense, the grand jury can receive no other evidence than is given by witnesses before them or furnished by legal documentary evidence, and any witness may be examined and compelled to testify as to any offense within his knowledge without being specially interrogated as to any particular person, time or place.
(Code 1852, §553; Code 1867, §4103; Code 1876, §4776; Code 1886, §4350; Code 1896, §5036; Code 1907, §7297; Code 1923, §8679; Code 1940, T. 30, §86.)
A grand juror may be required by any court to disclose the testimony of any witness examined before the grand jury for the purpose of ascertaining whether it is consistent with the testimony given by the witness before the court or on a charge of perjury against him.
(Code 1852, §557; Code 1867, §4107; Code 1876, §4780; Code 1886, §4351; Code 1896, §5037; Code 1907, §7298; Code 1923, §8680; Code 1940, T. 30, §87.)
(a) The judges of the several courts in this state in which grand juries are organized and empaneled shall give a special charge to the grand jury relative to the criminal laws of this state against the following offenses: laws regulating the ownership, registration and carrying of weapons, violations of election laws, the manufacturing or selling of intoxicating liquors in violation of law, violating the game and fish laws or violating the law prohibiting corporations from contributing to campaign funds.
(b) It shall likewise be the duty of the judges to charge the grand jury as to all other matters which may be required by law and to instruct the grand juries that it is their duty to indict for the above named offenses, if, in the opinion of the grand jury, the evidence justifies the indictment.
(Code 1907, §7286; Code 1923, §8668; Code 1940, T. 30, §75.)
The grand jury shall not be bound to find an indictment for any misdemeanor, where no prosecutor appears, unless 12 of their number think it necessary for the public good.
(Code 1852, §546; Code 1867, §4096; Code 1876, §4769; Code 1886, §4352; Code 1896, §5038; Code 1907, §7299; Code 1923, §8681; Code 1940, T. 30, §88.)
The concurrence of at least 12 grand jurors is necessary to find an indictment, and when so found it must be endorsed “a true bill” and the endorsement signed by the foreman.
(Code 1852, §554; Code 1867, §4104; Code 1876, §4777; Code 1886, §4353; Code 1896, §5039; Code 1907, §7300; Code 1923, §8682; Code 1940, T. 30, §89.)
If a prosecutor appears, his name must be endorsed by the foreman on the indictment; and, if no prosecutor appears, the words “no prosecutor” must be endorsed thereon.
(Code 1852, §555; Code 1867, §4105; Code 1876, §4778; Code 1886, §4354; Code 1896, §5040; Code 1907, §7301; Code 1923, §8683; Code 1940, T. 30, §90.)
If any grand juror knows or has reason to believe that a public offense has been committed which may be indicted and tried in that county, it shall be his duty to disclose the same to his fellow jurors, who must thereupon investigate it.
(Code 1852, §547; Code 1867, §4097; Code 1876, §4770; Code 1886, §4356; Code 1896, §5042; Code 1907, §7303; Code 1923, §8685; Code 1940, T. 30, §91.)
(a) A grand juror must not be present at or take any part in the deliberations of his fellow jurors respecting any public offense with which he is charged or which was committed against his person or property or when he is a prosecutor or when he is connected by blood or marriage with the person charged.
(b) If, by reason of the provisions of subsection (a) of this section, the number of grand jurors is reduced below 13 in the investigation of any matter, the court must supply the deficiency from the qualified jurors of the county, and the persons so placed on the grand jury must serve only during such investigation.
(Code 1852, §§548, 549; Code 1867, §§4098,4099; Code 1876, §§4771, 4772; Code 1886, §§4357, 4358; Code 1896, §§5043, 5044; Code 1907, §§7304, 7305; Code 1923, §§8686, 8687; Code 1940, T. 30, §§92, 93.)
If the foreman of a grand jury is discharged or excused for any cause after the jury is sworn or charged, the court may appoint one of the other jurors in his place.
(Acts 1955, No. 577, p. 1253.)
The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the purpose of examining witnesses in their presence or giving them legal advice as to any matter connected with their duties; and he may appear before them at any time to give information as to any matter cognizable by them, but he must not be present at the expression of their opinions or the giving of their votes on any matter before them.
(Code 1852, §552; Code 1867, §4102; Code 1876, §4775; Code 1886, §4359; Code 1896, §5045; Code 1907, §7306; Code 1923, §8688; Code 1940, T. 30, §94.)
Any judge, district attorney, clerk or other officer of court or grand juror who discloses the fact that an indictment has been found before the person indicted has been arrested or has given bail for his appearance to answer thereto shall, on conviction, be fined not less than $200.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1852, §36; Code 1867, §3577; Code 1876, §4134; Code 1886, §3969; Code 1896, §5047; Code 1907, §7308; Code 1923, §8690; Code 1940, T. 30, §95.)
Any person who, having been a witness before the grand jury, discloses the name of the person about whom he testified or any of the facts to which he testified before the arrest of the person against whom he testified or before such person has given bail for his appearance to answer the indictment or indictments found against him shall, on conviction, be fined not less than $100.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
(Code 1852, §37; Code 1867, §3578; Code 1876, §4135; Code 1886, §3970; Code 1896, §5048; Code 1907, §7309; Code 1923, §8691; Code 1940, T. 30, §96.)
Witnesses before the grand jury, summoned to give evidence of any violation of the laws against gaming or lotteries, may be required to answer generally as to any such offense, within their knowledge, committed within the 12 months next preceding, without being first specially interrogated as to any particular offense; but no witness must be prosecuted for any offense as to which he testified before the grand jury, and any member of the grand jury may be a witness to prove that fact.
(Code 1852, §86; Code 1867, §3628; Code 1876, §4216; Code 1886, §4065; Code 1896, §4805; Code 1907, §6994; Code 1923, §4244; Code 1940, T. 14, §272; Code 1975, §13-7-29.)
Any person who is summoned as a witness before the grand jury to answer as to any gaming or lottery within his knowledge and who fails or refuses to attend and testify in obedience to such summons without a good excuse, to be determined by the court, is guilty of a contempt and also a misdemeanor and, on conviction for such misdemeanor, shall be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than three months.
(Code 1852, §38; Code 1867, §3579; Code 1876, §4136; Code 1886, §4066; Code 1896, §4806; Code 1907, §995; Code 1923, §4245; Code 1940, T. 14, §273; Code 1975, §13-7-30.)
The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such proceedings remain inviolate. The provisions of this division are to be construed for the accomplishment of this purpose and to promote the following:
(1) That grand juries have the utmost freedom in their discussions, deliberations, considerations, debates, opinions and votes without fear or apprehension that the same may be subsequently disclosed, or that they may be subject to outside pressure or influence or injury in their person or property as a result thereof.
(2) That those persons who have information or knowledge with respect to the commission of crimes or criminal acts be encouraged to testify freely and truthfully before an appropriate grand jury without fear or apprehension that their testimony may be subsequently disclosed, or that they may be subject to injury in their person or property as a result thereof.
(3) That those persons who have committed criminal acts or whose indictment may be contemplated not escape or flee from the due administration of justice.
(4) That those persons falsely accused of criminal acts are not subject to public scrutiny or display and their otherwise good names and reputations are left intact.
(Acts 1979, No. 79-457, p. 745, §1.)
No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any time directly or indirectly, conditionally or unconditionally, by any means whatever, reveal, disclose or divulge or attempt or endeavor to reveal, disclose or divulge or cause to be revealed, disclosed or divulged, any knowledge or information pertaining to any grand juror’s questions, considerations, debates, deliberations, opinions or votes on any case, evidence, or other matter taken within or occurring before any grand jury of this state. Nor shall any person at any time, directly or indirectly, conditionally or unconditionally by any means whatever, corruptly or with intent to influence a grand juror or other person authorized by law to attend a grand jury, or by threat of harm to person or property, or by force applied to person or property, or by threatening letter or communication, or by offer of reward, remuneration, gift, benefit or thing of value of whatever nature or kind, obtain or endeavor to obtain, any information pertaining to, or any knowledge of any grand juror’s questions, considerations, debates, deliberations, opinions or votes on any case, evidence or other matter taken or transpiring within or before any grand jury of this state.
(Acts 1979, No. 79-457, p. 745, §2.)
No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any time, directly or indirectly, conditionally or unconditionally, by any means whatever, reveal, disclose or divulge or endeavor to reveal, disclose or divulge or cause to be revealed, disclosed or divulged, any knowledge of the form, nature or content of any physical evidence presented to any grand jury of this state or any knowledge of the form, nature or content of any question propounded to any person within or before any grand jury or any comment made by any person in response thereto or any other evidence, testimony or conversation occurring or taken therein. Nor shall any person at any time directly or indirectly, conditionally or unconditionally, by any means whatever, corruptly or with intent to influence a grand juror or other person authorized by law to attend a grand jury, or by threats of harm to person or property, or by force applied to person or property or by threatening letter or communication, or by offer of reward, remuneration, gift, benefit or thing of value of whatever nature and kind, obtain or endeavor to obtain any knowledge of the form, nature or content of any physical evidence presented to any grand jury of this state, or any knowledge of the form, nature or content of any question propounded to any person within or before any grand jury, or any knowledge of the form, nature or content of any answer or comment made by any person in response thereto, or any other evidence, testimony, or conversation occurring or taken therein.
Provided however, the State of Alabama shall not be precluded from using the testimony of a grand jury witness to impeach that witness’s testimony in the trial of a criminal case, nor shall the State of Alabama be precluded from using grand jury testimony to prosecute a perjury warrant or indictment, nor shall the State of Alabama be precluded from using grand jury testimony in any manner otherwise permitted by law. Further, provided however, that grand jury evidence and testimony may be presented to grand juries of other circuits and jurisdictions upon the issuance of a proper grand jury subpoena.
(Acts 1979, No. 79-457, p. 745, §3.)
No person shall willfully by any means whatever, directly or indirectly, conditionally or unconditionally, obstruct, impede or prevent or attempt or endeavor to obstruct, impede or prevent any person summoned, subpoenaed or called to testify before any grand jury of this state or who may be summoned, subpoenaed or called before any such grand jury from attending or appearing before the same. Nor shall any person, by any means whatever, directly or indirectly, conditionally or unconditionally induce or coerce or attempt or endeavor to induce or coerce any such person to give any false testimony or withhold any true testimony within or before such grand juries.
(Acts 1979, No. 79-457, p. 745, §4.)
No person shall injure or endeavor to injure the property or person of any grand juror, witness, prosecutor, judicial officer, or grand jury reporter as a result of their participation in, appearance, or testimony before any duly empaneled grand jury.
(Acts 1979, No. 79-457, p. 745, §5.)
Any prosecutor, grand jury foreman, or circuit court may require all persons testifying in or before a grand jury to submit to an oath or affirmation of secrecy. The failure of any witness to be so sworn shall not relieve such witness of any criminal liability imposed by this division.
(Acts 1979, No. 79-457, p. 745, §6.)
Grand jury evidence other than the questions, considerations, debates, deliberations, opinions or votes of any grand juror may be disclosed by a district attorney or other prosecutor in the performance of his official duties to members of his staff for the purposes of bona fide criminal investigations and prosecutions.
(Acts 1979, No. 79-457, p. 745, §7.)
A district attorney or other prosecutor may, in his or her discretion, disclose evidence taken within or before the grand juries of such circuit to law enforcement officers for the purpose of bona fide investigations into violations of criminal law.
A district attorney or a circuit judge, in the public interest, may disclose the date, time and place that a particular case will be or was presented to a grand jury, or that a particular matter or case was continued by a grand jury and to what date, if any, or that a no bill or an indictment was returned thereon, or that a particular defendant was otherwise exonerated or falsely accused.
(Acts 1979, No. 79-457, p. 745, §8.)
No provision of this division shall be construed to deny a witness or criminal defendant the right to confer with or be represented by counsel concerning his appearance within or testimony before a duly empaneled grand jury, provided however, nothing contained in this section shall be construed so as to permit or authorize such persons to be accompanied by counsel within a grand jury.
(Acts 1979, No. 79-457, p. 745, §9.)
Grand juries shall make no reports critical of any citizen of this state without returning an indictment or bill of impeachment against the same. It shall be the duty of the circuit judges of the respective judicial circuits of this state, on their own motion, to expunge from any such grand jury report any and all such critical portions unless there has been an indictment or bill of impeachment returned against the person or persons affected. Provided however, this section shall not be construed to prohibit a grand jury from examining and reporting upon the condition of any public facility, agency or account or the books and records thereof, where such examination and reporting is specifically authorized by statute.
(Acts 1979, No. 79-457, p. 745, §10.)
The grand juries of this state may make written reports as provided by law, however, the judges of each judicial circuit may provide by court rule for the form and content of such grand jury reports to accomplish the purposes of this division.
(Acts 1979, No. 79-457, p. 745, §11.)
Any person violating the provisions of Sections 12-16-215 through 12-16-218 of this division, shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, or fined not more than $5,000.00, or both.
(Acts 1979, No. 79-457, p. 745, §12.)
All laws or parts of laws in conflict with the provisions of this division are hereby repealed; provided, however, the criminal penalties imposed by this division shall be cumulative. This section shall not be construed to preclude the applicability of other provisions of the criminal laws of this state which presently apply or may in the future apply to any transaction or event which violates the provisions of this division unless such provision is inconsistent with the terms of this division. Nor shall the circuit courts of this state be precluded from utilizing any contempt powers or sanctions which may apply to acts or events which violate the provisions of this division. Further, the circuit judges of this state may issue whatever other reasonable orders as may be necessary to accomplish the purposes of this division.
(Acts 1979, No. 79-457, p. 745, §13.)
If, before the jury retires, one of them becomes so sick as to incapacitate him for the performance of his duty or any other cause renders it necessary, in the opinion of the court, to discharge a juror, such juror may be discharged, another summoned in his place and the trial commenced anew.
(Code 1852, §649; Code 1867, §4201; Code 1876, §4906; Code 1886, §4453; Code 1896, §5277; Code 1907, §7311; Code 1923, §8693; Code 1940, T. 30, §98.)
If after the jury retire one of them becomes so sick as to prevent the discharge of his duty or any other cause or accident occurs to prevent their being kept together for deliberation, they may be discharged.
(Code 1852, §650; Code 1867, §4202; Code 1876, §4907; Code 1886, §4454; Code 1896, §5278; Code 1907, §7312; Code 1923, §8694; Code 1940, T. 30, §99.)
(a) At any stage of a trial then pending, whether the jury has retired or not, the parties may unanimously consent in open court, with legal effectiveness, to the discharge from further duty of any member of the jury trying the case and to a continuation of the trial and the rendition of a verdict by the remaining jurors. A verdict returned by the remaining jurors shall be as valid and as legally effective as if it had been returned by the full jury.
(b) Prior to the commencement of a trial, the parties may unanimously stipulate in open court, with legal effectiveness, that in the event it becomes necessary during the pendency of the trial, whether the jury has retired or not, for the court to discharge from further duty any member of the jury trying the case because of the juror’s sickness or other good cause, the trial shall continue with and a verdict be rendered by the remaining jurors. A verdict returned by the remaining jurors shall be as valid and as legally effective as if it had been returned by the full jury.
(c) The provisions of this section shall apply to any and every kind of action except prosecutions for capital felonies.
(d) This section shall be cumulative and alternative to the provisions of Sections 12-16-230 and 12-16-231.
(Acts 1943, No. 168, p. 156.)
The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent of all parties to the trial or without the consent of the parties, when, in the opinion of the court or judge, there is a manifest necessity for the discharge or when the ends of justice would otherwise be defeated. In all cases in which the jury is discharged without a verdict, a mistrial shall be entered upon the minutes of the court, assigning the reason or cause for the mistrial, and no person shall gain any advantage by reason of such discharge of the jury.
(Code 1907, §7314; Code 1923, §8696; Code 1940, T. 30, §100.)
(a) County personnel. - All full-time county personnel, including all persons for whom funding is provided by the unified judicial budget, serving the district and circuit courts, other than sheriff’s deputies and employees and building maintenance and security personnel, shall become employees of the State of Alabama on October 1, 1977. No such personnel so employed as of August 26, 1976 shall be deemed to be ineligible to continue as an employee of the respective courts by virtue of or by operation of the provisions of Section 41-1-5, nor shall such person be deemed to be in violation of the provisions of Section 41-1-5.
(b) Merit and retirement systems. - Except as otherwise provided by law or rule, all court personnel employed by the state shall be subject to the State Merit System, retirement and other benefits applicable to other state employees.
(c) Determination of controversies as to composition, etc., of court personnel. - Any controversy regarding the composition of that class of persons qualifying as court personnel shall be determined by the Administrative Director of Courts with the advice and consent of the Supreme Court except where such determinations relate to eligibility, membership, benefits or any other question whatsoever related to retirement, such determination shall be made by the board of control of the Employees’ Retirement System of Alabama.
(Acts 1975, No. 1205, p. 2384, §7-101; Acts 1976, No. 761, p. 1045.)
Except as otherwise provided by law, all court personnel shall be included in the state employee personnel system; provided, that job descriptions, regulations, rates of compensation and administrative procedures applicable to court personnel shall be established by the Administrative Director of Courts after consultation with the state employee personnel system; provided, that for any court official or employee with a salary rate which, immediately before October 10, 1975, exceeded the salary rate provided by this title, the county where the court for which he works is located must supplement his salary to an extent sufficient to maintain such former higher rate.
(Acts 1975, No. 1205, p. 2384, §7-102.)
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 incurred in the performance of official duties at locations other than their principal court site.
(Acts 1975, No. 1205, p. 2384, §7-111.)
(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 a local retirement system may by written notice filed within 30 days prior to the date the employee joins the state personnel system, with the Comptroller, elect to retain instead membership in the local retirement plan; provided further, that any employee joining the state personnel system on or before October 1, 1977, shall have the right to make such election within 30 days prior to October 1, 1977. Upon election of an employee, the Comptroller shall pay to such local government plans the employer retirement contribution attributable to employees electing to retain local plan membership; provided, that such employer contribution paid by the state to such local retirement plan shall not exceed the employer contribution paid by the state for eligible members transferring to the Employees’ Retirement System of Alabama. The previous local employer shall pay into such local plan any additional amounts necessary to fund said benefits.
(b) Prior service benefits.
(1) BENEFITS FOR ELIGIBLE EMPLOYEES UNDER LOCAL PLANS. - Eligible employees who have participated in retirement programs with units of local government whether or not such local programs have utilized the state employees’ retirement plan to administer the funding of such plans shall receive credit for prior service for which they have been given credit under the local retirement programs. When an eligible employee joins the Employees’ Retirement System, the total of all employer and employee contributions plus any other amounts, including, but not limited to, interest attributable to the account of such employee to which he would have had the right to receive upon withdrawal from the local retirement program, shall be transferred immediately into the State Employees’ Retirement Fund on account of such employee under the same rules and regulations applicable to other members of the State Employees’ Retirement System on the date the employee joins the Employees’ Retirement System of Alabama. Any contributions represented by annuities purchased by or through the previous employer on account of the employment therewith of any eligible employee and for his individual benefit shall be immediately cashed out and the proceeds transferred along with any other regular contributions to the Employees’ Retirement System of Alabama.
(2) BENEFITS FOR ELIGIBLE EMPLOYEES COVERED BY UNFUNDED LOCAL RETIREMENT PROGRAMS OR EMPLOYEES NOT PREVIOUSLY COVERED BY RETIREMENT PLANS. - Eligible employees who have participated in unfunded local retirement programs or who have not participated in retirement programs with units of local government shall be granted prior service credit by the Employees’ Retirement System of Alabama, based on length of previous court employment, to a maximum of five years. The secretary-treasurer of the Employees’ Retirement System of Alabama shall authorize and direct the Comptroller to pay the cost of granting such prior service credit in such amounts as determined to be necessary, and the Comptroller shall pay such amounts as necessary for both employer and employee contributions into the Employees’ Retirement Fund on account of such eligible employee under the same rules and regulations applicable to other members of the Employees’ Retirement System. In addition to the five-year prior service credit described above, any eligible employee may purchase prior service credit, not to exceed actual years served, by direct payment to the Employees’ Retirement System, within 90 days after October 1, 1977, in such amount as determined to be necessary by the Employees’ Retirement System for the prior service credit desired.
(3) Eligible employees who participated in retirement programs with units of local government for less than one year preceding October 1, 1977, whether or not such local programs utilized the state employees’ retirement plan to administer the funding of such plans shall be granted prior service credit by the Employees’ Retirement System of Alabama, based on length of previous court employment, to a maximum of five years. When an eligible employee joins the Employees’ Retirement System, the total of all employer and employee contributions plus any other amounts, including, but not limited to, interest attributable to the account of such employee to which he would have had the right to receive upon withdrawal from the local retirement program, shall be transferred immediately into the State Employees’ Retirement Fund on account of such employee under the same rules and regulations applicable to other members of the State Employees’ Retirement System on the date the employee joins the Employees’ Retirement System of Alabama. Any contributions represented by annuities purchased by or through the previous employer on account of the employment therewith of any eligible employee and for his individual benefit shall be immediately cashed out and the proceeds transferred along with any other regular contributions to the Employees’ Retirement System of Alabama. The secretary-treasurer of the Employees’ Retirement System of Alabama shall authorize and direct the Comptroller to pay the cost of granting such prior service credit in such amounts as determined to be necessary, and the Comptroller shall pay such amounts as necessary for both employer and employee contributions into the Employees’ Retirement Fund on account of such eligible employee under the same rules and regulations applicable to other members of the Employees’ Retirement System. In addition to the five-year prior service credit described above, any eligible employee may purchase prior service credit, not to exceed actual years served, by direct payment to the Employees’ Retirement System, within 360 days after January 1, 1990, in such amount as determined to be necessary by the Employees’ Retirement System for the prior service credit desired.
(c) Other benefits. - The Administrative Office of Courts shall, after consultation with the state and local personnel systems, adjust benefits other than retirement of court personnel joining the state personnel system, including clerks, registers and judges. Such adjustment shall be made as of the date upon which the employee joined or joins the state personnel system and shall assure continuation of existing employee benefits at the same rates and amounts as were in effect for such employees on August 1, 1975; provided, that the Administrative Director of Courts may, in his or her discretion, adjust or increase such benefits to allow for normal incremental increases or additions to such benefits received by court employees on or after August 1, 1975, whether such employees were hired by the unit of local government before, on or after August 1, 1975. The Administrative Director of Courts shall thereafter make such future adjustments as are necessary to maintain such rates and amounts of benefits as were in effect for such employees on August 1, 1975. For court personnel employed after August 1, 1975, but before the date upon which court employees in his or her unit of local government join the state personnel system, including clerks, registers and judges, benefits under this section shall be established at such levels as were in effect for employees similarly situated on August 1, 1975, or, if such employee was employed in a new position not existing on August 1, 1975, benefits for such employee shall be established at such levels as the Administrative Director of Courts in his or her discretion determines to be appropriate based upon benefit levels which were in effect on August 1, 1975, for similar classes of employees. Subsequent to the establishment of such benefits and the employer costs thereof, the Administrative Director of Courts shall determine the method of administering the fringe benefits for such employees through the local government units for whom such employees were employed prior to state assumption or through the state fringe benefit programs. If the Administrative Director of Courts determines that it is impractical or unfeasible to administer the benefits for such employees through the state fringe benefit program, the local government units for whom such employees were employed prior to state assumption shall retain such employees in their fringe benefit programs; provided, that the Administrative Director of Courts shall in such instances establish reimbursement procedures for the payment of the employer costs to such local government units. The Comptroller shall, subsequent to the establishment of such benefits and the employer costs thereof and at anytime it may be necessary to establish or adjust such benefits, pay the employer contributions as established by the Administrative Director of Courts.
(Acts 1975, No. 1205, p. 2384, §7-106; Acts 1977, No. 695, p. 1229; Acts 1990, No. 90-634, p. 1161, §1.)
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 execution of the duties provided for by Sections 12-17-94(a) and 12-17-251(c).
(Act 2019-223, §1.)
(a) Except as otherwise provided in this section, each judicial circuit of the state shall have one resident circuit judge.
(b) In the following judicial circuits, there shall be the number of resident circuit judges listed below:
(1) There shall be two circuit judges in the first judicial circuit. The judge occupying judgeship No. 1 shall be the presiding judge.
(2) There shall be three circuit judges in the fourth judicial circuit.
(3) There shall be three circuit judges in the fifth judicial circuit.
(4) There shall be seven circuit judges in the sixth judicial circuit.
(5) There shall be five circuit judges in the seventh judicial circuit.
(6) There shall be three circuit judges in the eighth judicial circuit.
(7) There shall be three circuit judges in the ninth judicial circuit.
(8) There shall be 26 circuit judges in the tenth judicial circuit. The judge occupying judgeship No. 23 shall serve the Birmingham domestic relations division, and the judges occupying judgeship Nos. 21, 22, and 24 shall serve the Birmingham civil division. The judge occupying judgeship No. 25 shall serve the Bessemer cut-off division. The judges occupying judgeship Nos. 26 and 27 shall serve in the Criminal Division of Jefferson County, Birmingham Division. Judgeship No. 14 has been reallocated and will not be refilled.
(9) There shall be four circuit judges in the eleventh judicial circuit.
(10) There shall be three circuit judges in the twelfth judicial circuit.
(11) There shall be eleven circuit judges in the thirteenth judicial circuit.
(12) There shall be three circuit judges in the fourteenth judicial circuit.
(13) There shall be nine circuit judges in the fifteenth judicial circuit. At least two judges shall be assigned to the criminal division of said circuit, and one or more judges shall be assigned to the civil division, in the discretion of the presiding judge. The judge occupying judgeship No. 7 shall serve the family court division of said circuit.
(14) There shall be four circuit judges in the sixteenth judicial circuit.
(15) There shall be four circuit judges in the eighteenth judicial circuit.
(16) There shall be five circuit judges in the nineteenth judicial circuit. The judge occupying judgeship No. 1 shall be a resident of Elmore County, the judge occupying judgeship No. 2 shall be a resident of Autauga County, and the judge occupying judgeship No. 3 shall be a resident of Chilton County. A person qualifying as a candidate for election to a judgeship under this subdivision shall be a resident of the county for the judgeship the person seeks for a period of not less than one year prior to the date the person qualifies as a candidate for election to the office and thereafter during his or her tenure in office. The judge occupying judgeship No. 4 may reside in any county within the nineteenth judicial circuit and shall be assigned to the domestic relations division of the circuit. The judge occupying judgeship No. 5 may reside in any county within the nineteenth judicial circuit.
(17) There shall be five circuit judges in the twentieth judicial circuit.
(18) There shall be two circuit judges in the twenty-first judicial circuit.
(19) There shall be two circuit judges in the twenty-second judicial circuit.
(20) There shall be nine circuit judges in the twenty-third judicial circuit.
(21) There shall be two circuit judges in the twenty-fifth judicial circuit.
(22) There shall be two circuit judges in the twenty-sixth judicial circuit.
(23) There shall be three circuit judges in the twenty-seventh judicial circuit.
(24) There shall be seven circuit judges in the twenty-eighth judicial circuit.
(25) There shall be two circuit judges in the twenty-ninth judicial circuit.
(26) There shall be two circuit judges in the thirtieth judicial circuit.
(27) There shall be two circuit judges in the thirty-first judicial circuit.
(28) There shall be two circuit judges in the thirty-second judicial circuit.
(29) There shall be two circuit judges in the thirty-third judicial circuit.
(30) There shall be four circuit judges in the thirty-seventh judicial circuit. The judge occupying judgeship Number 3 shall preside over the family court division.
(31) There shall be two circuit judges in the thirty-eighth judicial circuit.
(32) There shall be two circuit judges in the thirty-ninth judicial circuit.
(Acts 1923, No. 367, p. 387; Code 1923, §415; Acts 1927, No. 547, p. 633; Code 1940, T. 17, §67; Acts 1943, No. 120, p. 121; Acts 1947, No. 299, p. 150, §1; Acts 1947, No. 378, p. 270, §2; Acts 1949, No. 355, p. 522; Acts 1949, No. 356, p. 523; Acts 1949, No. 375, p. 547, §1; Acts 1953, No. 526, p. 734, §1; Acts 1953, No. 587, p. 832, §2; Acts 1955, No. 347, p. 796, §1; Acts 1957, No. 579, p. 803, §§1, 6; Acts 1959, No. 395, p. 1021; Acts 1959, No. 647, p. 1562; Acts 1961, No. 873, p. 1370; Acts 1961, Ex. Sess., No. 135, p. 2061, §1; Acts 1961, Ex. Sess., No. 204, p. 2183, §1; Acts 1964, 1st Ex. Sess., No. 43, p. 61; Acts 1964, 1st Ex. Sess., No. 144, p. 210, §§1, 6; Acts 1964, 1st Ex. Sess., No. 207, p. 277, §1; Acts 1964, 1st Ex. Sess., No. 216, p. 298; Acts 1965, No. 458, p. 659; Acts 1965, 2nd Ex. Sess., No. 30, p. 46; Acts 1966, Ex. Sess., No. 32, p. 56; Acts 1966, Ex. Sess., No. 156, p. 182; Acts 1966, Ex. Sess., No. 214, p. 266; Acts 1967, No. 385, p. 972, §1; Acts 1967, No. 674, p. 1499; Acts 1969, No. 429, p. 835; Acts 1969, No. 687, p. 1225; Acts 1969, No. 748, p. 1326; Acts 1969, No. 1063, p. 1984; Acts 1969, No. 1191, p. 2227, §1; Acts 1971, No. 1726, p. 2888; Acts 1971, No. 2253, p. 3627, §1; Acts 1973, No. 814, p. 1259; Acts 1973, No. 1003, p. 1538, §1; Acts 1973, No. 1008, p. 1545, §1; Acts 1973, No. 1010, p. 1548; Acts 1973, No. 1013, p. 1550; Acts 1973, No. 1014, p. 1551; Acts 1973, No. 1017, p. 1553; Acts 1973, No. 1018, p. 1554; Acts 1973, No. 1020, p. 1556, §4; Acts 1973, No. 1060, p. 1748; Acts 1975, No. 520, p. 1166; Acts 1975, No. 521, p. 1168; Acts 1975, No. 1062, p. 2124; Acts 1975, No. 1159, p. 2282; Acts 1975, No. 1174, p. 2305; Acts 1975, No. 1177, p. 2308; Acts 1975, No. 1221, p. 2546; Acts 1975, No. 1247, p. 2614; Acts 1975, No. 1248, p. 2615; Acts 1977, No. 767, p. 1325; Acts 1977, No. 804, p. 1386; Acts 1978, No. 543, p. 607, §1; Acts 1979, No. 79-692, p. 1234, §4; Acts 1980, No. 80-197, p. 271; Acts 1981, No. 81-628, p. 1043; Acts 1984, No. 84-610, p. 1244, §5; Acts 1985, No. 85-546, p. 795, §2; Acts 1989, No. 89-955, p. 1883, §§2, 3, 6; Acts 1990, No. 90-294, p. 402, §1; Acts 1990, No. 90-474, p. 694, §1; Acts 1990, No. 90-539, p. 843, §1; Acts 1991, No. 91-640, p. 1210, §§1, 2; Acts 1993, 1st Ex. Sess., No. 93-882, p. 148, §1; Acts 1995, No. 95-255, p. 427, §1; Acts 1995, No. 95-776, p. 1848, §§1-6; Acts 1996, No. 96-751, p. 1322, §1; Acts 1997, No. 97-407, p. 667, §1; Act 2000-765, p. 1752, §§2, 3; Act 2006-385, p. 984, §1; Act 2008-82, p. 106, §1; Act 2009-761, p. 2307, §1; Act 2010-688, p. 1673, §1; Act 2016-69, p. 94; §1; Act 2023-315, §1; Act 2023-178, §1(b)(1).)
In judicial circuits with more than one circuit judge, each judgeship shall be numbered. Candidates for the office of circuit judge in such circuits in any election shall designate the numbered judgeship for which they are a candidate.
(Acts 1977, No. 20, p. 28.)
Each circuit judge 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.
(Code 1852, §§626, 643; Code 1867, §§744, 761; Code 1876, §§665, 668; Code 1886, §757; Code 1896, §920; Code 1907, §3257; Code 1923, §6704; Code 1940, T. 13, §176.)
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.
(Acts 1975, No. 1205, p. 2384, §2-105.)
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 to the prompt, diligent discharge of their duties.
(Acts 1915, No. 712, p. 809; Code 1923, §6698; Code 1940, T. 13, §172; Acts 1975, No. 1205, p. 2384, §2-103.)
(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 district judges to preside in the family court division. The circuit or district court judges assigned to the family court division shall handle all cases and proceedings involving domestic relations, divorces, annulments of marriage, legal separations, custody and support of children, granting and enforcement of alimony, proceedings under any uniform interstate support or custody act, and all other domestic and marital matters over which the circuit courts have jurisdiction, including non-support cases arising in the circuit court under Chapter 3 and Chapter 4, Title 30, as well as other matters within the jurisdiction of the juvenile court. In the event a district judge is assigned, the district judge shall serve as an ex officio circuit judge when handling cases. The presiding circuit judge may assign other relevant cases to the family court division.
(b) The presiding circuit judge of each judicial circuit choosing to establish a family court division shall coordinate with the Administrative Director of Courts in the development of a written implementation plan and shall submit the plan to the Chief Justice of the Alabama Supreme Court for approval. The plan shall become effective no later than 90 days upon approval by the Chief Justice of the Alabama Supreme Court.
(c) This section shall not apply to any circuit which already has a family court structure established by local law, including the Sixth, Seventh, Tenth, Thirteenth, Fifteenth, Twentieth, Twenty-third, and Thirty-seventh Judicial Circuits, unless otherwise provided by local law.
(Acts 1982, No. 82-546, p. 896, §6; Acts 1982, No. 82-676, p. 113, §6; Act 2000-749, p. 1697, §1.)
(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 act, and all other domestic and marital matters over which the circuit courts have jurisdiction, including non-support cases arising in the circuit under Title 30, Chapters 3 and 4.
(b) The division shall also have and exercise jurisdiction over juveniles for the purposes of subsection (a), and for the enforcement of Chapter 15 of this title.
(c) All cases and proceedings involving domestic relations and marital matters which originate in the circuit court shall be assigned to the family court division. If the docket of the division is overcrowded, cases may be reassigned by the presiding judge of the circuit court to other circuit and district judges of the circuit.
(d) When the family court division of the circuit court has been organized pursuant to Section 12-17-20 and this section and is ready to function, all cases or causes pending in the District Court of Lee County or the Circuit Court of the 37th Judicial Circuit having jurisdiction of juveniles and matters involving domestic relations shall be transferred to the family court division. However, those pending cases which have been heard and are awaiting a final disposition at the time of the commencement of the family court division, shall remain with the judge who conducted the hearings or trials.
(Acts 1997, No. 97-407, p. 667, §(b)-(e).)
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.
(Acts 1915, No. 712, p. 809; Acts 1919, No. 321, p. 275; Code 1923, §6699; Code 1940, T. 13, §173; Acts 1949, No. 411, p. 583; Acts 1953, No. 510, p. 645; Acts 1957, No. 680, p. 1029; Acts 1959, 2nd Ex. Sess., No. 92, p. 276.)
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, returnable into the circuit court.
(3) To administer oaths and take acknowledgments and affidavits in all cases in which oaths and affidavits are required by law.
(4) To exercise such other powers as are or may be granted them by law.
(Code 1852, §629; Code 1867, §747; Code 1876, §658; Code 1886, §758; Code 1896, §921; Code 1907, §3259; Code 1923, §6709; Code 1940, T. 13, §182.)
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 part of the state.
(Code 1923, §6710; Code 1940, T. 13, §183.)
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.
(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.
(Code 1852, §633; Code 1867, §751; Code 1876, §660; Code 1886, §759; Code 1896, §922; Code 1907, §3260; Code 1923, §6712; Code 1940, T. 13, §185.)
(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 district attorney which now exceeds $11,000, or because of the enactment of this section will exceed such sum, is hereby reduced to the sum of $11,000.
(Acts 1979, No. 79-826, p. 1562, §§1, 3, 4.)
(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 receive such benefits as of September 18, 1973, continued in full force and effect, and shall not be repealed by the adoption of this code. Notwithstanding the foregoing, on the date that all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits, as, or, in the case of surviving spouses, on account of, supernumerary judges as of September 18, 1973, or those persons so electing pursuant to subsection (b), are deceased, all relevant laws relating thereto shall be repealed.
(b) Notwithstanding subsection (a), any person may elect to become a supernumerary circuit judge if he or she had completed the years of judicial service prescribed for eligibility for supernumerary status before September 18, 1973, and has reached the age prescribed for eligibility by the laws in force and effect on September 18, 1973. Any person electing supernumerary status pursuant to this subsection shall otherwise be eligible to receive the same benefits as provided for any other person taking supernumerary status pursuant to subsection (a).
(Acts 1977, No. 20, p. 28; Act 2009-647, p. 1987, §1.)
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 modify venue for actions in the district court as otherwise provided by law.
(Acts 1975, No. 1205, p. 2384, §4-113.)
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 resident district judges.
(2) Montgomery, Morgan, Calhoun, Baldwin, and Shelby Counties shall have three resident district judges.
(3) Madison County shall have five resident district judges.
(4) Mobile County shall have six resident district judges.
(5) Jefferson County shall have 12 resident district judges, who shall be nominated and elected in the manner provided by law for the nomination and election of circuit judges in the county. Three of such district judges shall serve in the Bessemer division and nine shall serve in the Birmingham division. The district judgeship created by Act 96-751 shall be assigned to the Family Court Division of Jefferson County, Birmingham Division.
(Acts 1975, No. 1205, p. 2384, §4-113; Acts 1979, No. 79-692, p. 1234, §6; Acts 1980, No. 80-583, p. 896, §1; Acts 1981, 3rd Ex. Sess., No. 81-1205, p. 534, §1; Acts 1984, No. 84-610, p. 1244, §1; Acts 1985, No. 85-546, p. 795, §1; Acts 1985, 2nd Ex. Sess., No. 85-924, §1; Acts 1989, No. 89-663, p. 1317; Acts 1989, No. 89-955, p. 1883, §7; Acts 1991, No. 91-558, p. 1029, §1; Acts 1994, No. 94-679, p. 1307, §1; Acts 1995, No. 95-776, p. 1848, §3; Acts 1996, No. 96-751, p. 1322, §1; Act 2000-765, p. 1732, §§4-8; Act 2007-382, p. 764, §1; Act 2023-315, §1.)
In districts with more than one district judge, each position shall be numbered and designated on primary and general election ballots.
(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.
(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.
(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.
(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 positions authorized for the district. All commissions so issued shall expire on the first Monday after the second Tuesday in January following the next general election after completion of three years in office as a district judge.
(b) Judges seeking commissions pursuant to the Constitution must file a request for such commission with the Secretary of State 10 months prior to the date of the general election preceding January 16, 1977.
(c) If no judge files a request pursuant to subsection (b) of this section, and if, after judges requesting commissions have been assigned to the judgeships established by Section 12-17-61, any of the positions authorized for each district remain unfilled, these positions shall be filled at the general election prior to January 16, 1977.
(Acts 1975, No. 1205, p. 2384, §4-113.)
(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 circuit to serve as the district court judge for the duration of such vacancy.
(b) If a judge, who filed a request pursuant to subsection (b) of Section 12-17-66 and has been designated to receive a commissioned term, or has been elected as provided in this article, dies or becomes disqualified prior to January 16, 1977, or is otherwise unable to assume office and such death, disability or refusal to serve occurs at such a time that the judicial office created in Section 12-17-61 cannot be filled prior to January 16, 1977, a vacancy shall be created in each such case. Any vacancy which exists on January 16, 1977, shall be filled as provided by law.
(Acts 1975, No. 1205, p. 2384, §§4-113, 4-115.)
[Repealed]
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-441 EFFECTIVE OCTOBER 1, 2021.
(Acts 1975, No. 1205, p. 2384, §4-114.)
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, annulments of marriage, custody and support of children, granting and enforcement of alimony, proceedings under the Reciprocal Nonsupport Act and all other domestic and marital matters over which the circuit court has jurisdiction as well as all laws pertaining to juvenile and nonsupport cases arising in the county under Title 30 of this code and who shall serve as an ex officio circuit judge when handling such cases, regardless of any provisions contained in this title or any other laws to the contrary; provided, that in those counties having one district judge and in which a circuit judge is currently empowered to handle the aforementioned classes of cases as well as juvenile cases, such power and authority shall not transfer to the district judge without the express authorization of the presiding circuit judge.
(Acts 1975, No. 1205, p. 2384, §6-118; Acts 1976, No. 388, p. 494.)
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 12-17-98. Employees in the offices of the circuit clerks and registers, including employees serving district courts, shall be paid by the state beginning October 1, 1977. Employees in the offices of clerks and registers shall be paid by the county through September 30, 1977.
(Acts 1975, No. 1205, §7-103.)
(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 Bessemer Division in the Tenth Judicial Circuit.
(3) PAY PLAN. The pay plan adopted by the Unified Judicial System personnel system, or its successor entity, providing the pay range with steps, as the same may be amended from time to time.
(4) STATE SALARY. The annual salary of circuit clerks and district clerks payable from the State Treasury.
(b) Effective beginning with the term of office commencing in January 2025, the annual salary of circuit clerks who first take office by appointment or election on or after that date payable from the State Treasury shall be fixed at step one of pay grade 86 of the pay plan and the annual salary of circuit clerks serving in office prior to that date and continuing to serve who are receiving a salary in pay grade 84 shall be fixed at the corresponding step in pay grade 86 of the pay plan. Thereafter, the state salary of circuit clerks shall be increased annually on the anniversary date, by one step on the pay plan until the maximum step authorized by the pay plan is reached.
(c) This section shall not diminish any local supplement provided to a circuit clerk pursuant to any general or local act in effect on of the effective date of the act adding this language; provided further that nothing in this section shall increase any local supplement. In no event shall the annual state salary of any circuit clerk be diminished by this section.
(Acts 1984, 1st. Ex. Sess., No. 84-731, p. 67, §§1, 2; Acts 1987, No. 87-750, p. 1473; Acts 1991, No. 91-471, p. 855, §1; Act 98-301, p. 494, §1; Act 2023-116, §1; Act 2023-117, §1.)
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 pursuant to Section 12-17-144.1.
(Act 2000-207, p. 274, §1.)
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 1907, §3270; Code 1923, §6722; Code 1940, T. 13, §196; Acts 1951, No. 31, p. 241.)
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, pursuant to a local act already enacted or hereafter enacted, pay a circuit clerk a supplemental salary from the general fund of such county in excess of any supplemental salary provided for by this section.
(Acts 1975, No. 1205, p. 2384, §7-104; Acts 1980, No. 80-637, p. 1203, §3.)
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 transact all business of such clerks, such deputies first taking an oath to support the Constitution and laws of this state and faithfully to discharge the duties of deputy clerks of the court for which they act.
(3) To receive the amount of any judgment entered in the courts of which they are clerks, either before or after the issue of execution thereon.
(4) To exercise such other powers as are, or may be, conferred by law, including administrative rules of procedure promulgated by order of the Supreme Court of Alabama.
(Code 1852, §651; Code 1867, §771; Code 1876, §676;Code 1886, §767; Code 1896, §933; Code 1907, §3271; Code 1923, §6723; Code 1940, T. 13, §197.)
(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 of the parties, the character of action or offense, the names of the attorneys and the sheriff’s return, which shall be entered in all civil and criminal cases standing for trial, in the order in which they are brought, and the bench notes, orders, rulings on motions and pleadings, other preliminary matters and final judgment which have been made in each case by the judge, which shall be the official minutes.
(3) To keep all papers, books, dockets, and records belonging to their office with care and security, with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and the books, dockets and records properly lettered. Parties shall be allowed to inspect the records free of charge.
(4) To make out and deliver, on application and payment of the legal fees therefor, to any person applying for the same, a correct transcript, properly certified, of any paper or record in their offices.
(5) To exercise such duties as are, or may be, conferred upon them by law, including administrative rules promulgated by order of the Supreme Court of Alabama.
(6) To monitor compliance with court orders issued by a state court which assess court costs, fines, and other related court-ordered money against criminal defendants and to utilize accounts receivable systems and other procedures, including notice processes, to ensure payment of court-ordered money.
(b) Any clerk of any circuit court who fails to perform any duty imposed on him or her, for the failure to perform which no other punishment is provided, shall, on conviction, be fined not exceeding $200.00.
(Code 1852, §§650, 653; Code 1867, §§767, 773; Code 1876, §§671, 4159; Code 1886, §§768, 3950; Code 1896, §§934, 5146; Code 1907, §§3272, 7464; Code 1923, §§5056, 6724; Code 1940, T. 13, §§198, 203; Acts 1975, No. 1205, p. 2384; Acts 1994, No. 94-698, p. 1352, §1.)
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, T. 13, §206.)
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 offense for which he is sentenced, shall not be discharged until he enters into a recognizance to answer such indictment at the next session of the court in which the same is pending, if the case is bailable, or is otherwise legally discharged from such indictment.
(Code 1867, §769; Code 1876, §675; Code 1886, §772; Code 1896, §938; Code 1907, §3276; Code 1923, §6730; Code 1940, T. 13, §207.)
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 from further liability therefor.
(Code 1876, §683; Code 1886, §773; Code 1896, §939; Code 1907, §3277; Code 1923, §6731; Code 1940, T. 13, §208.)
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 exercises jurisdiction a deputy clerk of the circuit court, who shall hold office for six years and until his successor is elected and qualified. He shall, at the time of his election and during his term of office, reside within and be a qualified voter of the territory from which he is elected. Such deputy clerk shall perform the same duties and exercise the same authority under the supervision of the circuit court when being held at said place as if he were the circuit clerk. Before entering upon the duties of his office such deputy clerk shall take and subscribe to the same oath of office, and enter into the same bond as circuit court clerks of the state, and shall be subject to the same liabilities. In addition to the duties and authorities hereinbefore in this section set out, such deputy clerk shall perform for said division of said court the duties of register of said court at said place.
(Acts 1915, No. 686, p. 741; Code 1923, §421; Code 1940, T. 13, §199; Acts 1943, No. 252, p. 222; Acts 1947, No. 317, p. 182; Acts 1949, No. 567, p. 894.)
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 deputy circuit clerk shall in no event be in excess of the total salary of the circuit clerk of the same circuit or county. The county commission shall pay such supplemental salary in equal biweekly installments from the general fund of the county.
(Acts 1976, No. 687, p. 950.)
(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 the responsibilities and authority of the register shall become the responsibilities and authority of the clerk of the circuit court for the county where the register served.
(b) Reappointment. - A register who:
may be reappointed for terms of six years, but no register shall be reappointed after completion of any term during which he becomes eligible to retire and receive retirement compensation; provided, that a register who becomes eligible to retire during a term shall be eligible to reappointment by the presiding judge of his circuit for not more than six additional terms of one year each; and provided further, that until such time as the register becomes eligible to retire and receive retirement compensation, reappointment shall be automatic unless a majority of the circuit judges within the circuit, or by unanimous agreement where there are only two circuit judges, file a written declaration with the Administrative Director of Courts stating that the register shall not be reappointed. At such time, the office shall be deemed vacant under subsection (a) of this section.
(c) Removal. - The register shall be subject to removal by the judge who appointed him for cause by order to be entered at length on the minutes of the court.
(Code 1852, §616; Code 1867, §720; Code 1876, §629; Code 1886, §732; Code 1896, §653; Code 1907, §3070; Acts 1915, No. 712, p. 809; Code 1923, §6503; Acts 1931, No. 29, p. 44; Code 1940, T. 13, §210; Acts 1971, No. 205, p. 501; Acts 1975, No. 1205, p. 2384, §7-109; Acts 1982, No. 82-383, p. 560.)
(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 circuit judge therefor, the circuit judge shall remove him from office. Such additional bond shall be approved, filed and recorded as the first official bond.
(Code 1852, §§618, 619; Code 1867, §§722, 723; Code 1876, §§631, 632; Code 1886, §734; Code 1896, §655; Code 1907, §3072; Code 1923, §6505; Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 13, §211; Code 1940, T. 41, §90.)
(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 continued at their rate of compensation on January 16, 1977, until September 30, 1977, to be paid during that period by the county in which the service is rendered.
(b) When the state assumes responsibility for compensating registers, each shall be paid a salary in lieu of all other fees previously received pursuant to statute or rule, equal to the highest net annual income received for services rendered as register for the three years next preceding January 16, 1977, as certified by the Administrative Director of Courts; provided, that in no event shall the salary of any register be less than the amount established by law as a minimum salary for registers; provided further, that no register who is being paid on a fixed compensation basis on October 10, 1975, shall suffer a reduction in fixed compensation.
(Acts 1975, No. 1205, p. 2384, §7-109.)
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 attachments and processes of sequestration; to make all interlocutory decrees and orders, not affecting the decision of the controversy between the parties, subject at all times to the control, direction and supervision of the circuit court; and to exercise such other duties as are, or may be, conferred by law, including administrative rules promulgated by order of the Supreme Court of Alabama.
(2) To keep a consolidated docket sheet of all cases filed, in which must be entered the names of plaintiffs and defendants, the names of the attorneys of the several parties, a minute of the time when process issued and was returned, the return thereon and note of all the orders and proceedings.
(3) To issue, within the five days after the decree or order is filed, all process necessary for the enforcement of any orders or decrees made during the term.
(4) To keep all papers, books, dockets and records belonging to his office with care and security, with the papers filed, arranged, numbered and labeled so as to be of easy reference, and the books, dockets and records properly labeled.
(5) To perform all duties concerning absentee voting as set out by the election laws.
(6) On application, and the payment of the legal fees therefor, to make out and deliver to any person a correct transcript, properly certified, of any paper or record in his office.
(b) Any register in the circuit court who fails to perform any duty imposed on him, for the failure to perform which no other punishment is provided, shall, on conviction, be fined not exceeding $200.00.
(Code 1852, §§621, 653; Code 1867, §§725, 773; Code 1876, §§634, 4159; Code 1886, §§736, 3950; Code 1896, §§657, 5146; Code 1907, §§3074, 7464; Code 1923, §§5056, 6507; Code 1940, T. 13, §§203, 213; Acts 1975, No. 1205, p. 2384.)
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; Code 1876, §646; Code 1886, §743; Code 1896, §663; Code 1907, §3081; Code 1923, §6513; Code 1940, T. 13, §219.)
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 county commission, order the same to be made; and the register shall make the same in good and substantial books.
(Code 1867, §740; Code 1876, §647; Code 1886, §744; Code 1896, §664; Code 1907, §3082; Code 1923, §6514; Code 1940, T. 13, §220.)
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 liability therefor.
(Code 1876, §649; Code 1886, §746; Code 1896, §666; Code 1907, §3084; Code 1923, §6516; Code 1940, T. 13, §222.)
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.
(Code 1896, §668; Code 1907, §3086; Code 1923, §6517; Code 1940, T. 13, §223.)
[Repealed]
Repealed by Acts 1977, No. 607, p. 812, §9901, as amended, effective January 1, 1980.
(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:
may elect to become a supernumerary clerk of the circuit court or supernumerary register of the circuit court of the county in which said clerk or register has served as such official by filing a written declaration to that effect with the Administrative Director of Courts at least 30 days prior to the time said clerk or register desires to become a supernumerary official. If the Administrative Director of Courts shall find that such applicant is qualified under any of subdivisions (1) through (5) of this section, a commission as supernumerary clerk of the circuit court or register of such court for the county in which he has served shall thereupon be issued to such applicant by the Secretary of State.
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, 1976, or who may thereafter become eligible under its provisions.
(b) Any circuit clerk who is serving as such clerk on October 1,1976, and who has served for at least 23 years on said date shall be eligible for supernumerary status at any time notwithstanding any provisions of this title, provided he has paid contributions into the supernumerary fund for the maximum number of years required by this division.
(c) Any register of the circuit court who has served for at least 23 years shall be eligible for supernumerary status at any time notwithstanding any provisions of this title, provided he has paid contributions into the supernumerary fund for the maximum number of years required by this division.
(Acts 1975, No. 1205, p. 2384, §7-112; Acts 1976, No. 382, p. 482; Acts 1989, No. 89-808, p. 1613.)
(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 the county in which one or more supernumerary clerks or registers hold a commission, the Chief Justice shall immediately appoint one such supernumerary from the county in which such vacancy occurs, and such supernumerary so appointed shall immediately assume and exercise all of the duties, powers and authority of such official in said county until a permanent successor is appointed or is otherwise selected. All fees and commissions which may become due while such supernumerary is so acting shall be paid into the appropriate fund as designated by law, and the salaries of the employees in such office shall be paid by the State of Alabama during such period.
(Acts 1975, No. 1205, p. 2384, §7-113.)
(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 twice per month basis.
(b) In the event of the death of any supernumerary official, circuit clerk or register who, at the time of his or her death, was serving as or was otherwise eligible to serve as a supernumerary official, his or her spouse shall receive benefits from the Clerks’ and Registers’ Supernumerary Fund in the State Treasury in an amount equivalent to three percent of the salary payable from the State Treasury, as prescribed by law for the position of circuit clerk, for each year of service not to exceed 30 percent of the salary, payable monthly for the remainder of the spouse’s life or until he or she remarries.
(c) The provisions of subsection (a) of this section shall continue to apply only to those circuit clerks and circuit registers in active service on or after October 1, 1990. The provisions of subsection (b) of this section shall apply to circuit clerks and circuit registers who were in active service on or after January 16, 1989.
(d) Notwithstanding the provisions of subsection (b), any spouse who was appointed to serve the remainder of an unexpired term of a circuit clerk who was in active service on October 19, 1990, with at least 12 years of service, shall be eligible to receive benefits from the Clerks’ and Registers’ Supernumerary Fund in the State Treasury. The amount shall be equivalent to three percent of the salary, payable from the State Treasury as prescribed for the position of circuit clerk, for each year of service, not to exceed 30 percent of the salary. The benefits shall be payable monthly for the remainder of the spouse’s life or until the spouse remarries.
(Acts 1975, No. 1205, p. 2384, §7-114; Acts 1981, No. 81-684,p. 1153, §1; Acts 1990, No. 90-646, p. 1205, §1; Acts 1993, 1stEx. Sess., No. 93-915, p. 214, §1; Acts 1995, No. 95-638, p. 1345, §1.)
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 per annum state compensation for the circuit clerk in the county of residence of said clerk.
(2) Circuit registers shall contribute six percent of the total per annum state compensation for the circuit register in the county of residence of said register.
(3) The Clerks’ and Registers’ Supernumerary Fund is hereby placed under the management and control of the Employees’ Retirement System of Alabama. The Secretary-Treasurer of the Employees’ Retirement System of Alabama is charged with the responsibility for investment of the fund and for the development and maintenance of administrative procedures involving member records, benefits, investment of funds, and other administrative functions necessary to the operation of the Clerks’ and Registers’ Supernumerary Fund.
(Acts 1975, No. 1205, p. 2384, §7-115; Acts 1981, No. 81-684, p. 1153, §2; Acts 1990, No. 90-646, p. 1205, §1.)
(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 service as both clerk and register; provided, that prior service credit for each individual position may not be combined. A person seeking to qualify as supernumerary clerk shall count only time served as clerk, and one seeking to qualify as supernumerary register shall count only time served as register. Prior service credit may also be obtained by a clerk or register for any years served in the capacity of probate judge, provided such service as probate judge was continuous. If any person subject to the provisions of this division shall seek to obtain prior service as either clerk or register, he shall contribute to the Clerks’ and Registers’ Supernumerary Fund, State of Alabama, for each year for which prior service credit is sought up to a maximum of 15 years. No official under this division shall be eligible for prior service credit to become supernumerary unless payments as provided hereinafter have been paid. However, any official who otherwise qualifies may become eligible upon October 1, 1978, or within two years thereof, by paying in a lump sum computed on the basis of the formula enumerated in this section or by paying such sum into the appropriate fund, in equal installments, with no interest, over a two-year period from October 1, 1978; provided, that no compensation benefits shall accrue to any official electing to become supernumerary hereunder until all contributions have been paid.
(b) Payments necessary for prior service credit shall be computed as follows:
(1) Circuit clerks shall contribute an amount equal to five percent of their salary or, if on fees, the base sum payable by the state as salary to circuit clerks pursuant to Section 12-17-92, for each year for which prior service credit is sought; and
(2) Circuit registers shall contribute an amount equal to five percent of the highest net annual income received for services rendered for any one year of the three years next preceding February 14, 1975.
(Acts 1975, No. 1205, p. 2384, §716; Acts 1979, No. 79-829, p. 1564, §1.)
(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 election to not participate and is made available only to those circuit clerks or registers who hold office on or before October 1, 1976.
(b) Upon the receipt of an election to participate in the supernumerary system provided in this division by a circuit clerk or register who was previously a member of the Employees’ Retirement System, and who held office on or before October 1, 1976, the Administrative Director of Courts shall immediately notify the Secretary-Treasurer of the Retirement Systems of Alabama of the election. Upon receiving the notice, the retirement systems shall transfer on or before the September 30 after the election all of the employee contributions plus any other amounts, including, but not limited to, any interest on the account which he or she would be entitled to receive upon withdrawal from the retirement system, to the Clerks’ and Registers’ Supernumerary Fund provided for in Section 12-17-143, so that the employee may begin participating in the fund on the ensuing first of October.
(c) Upon transfer of the funds, any clerk or register electing to participate in the supernumerary system shall receive credit in the fund for all prior service for which he or she had been given credit under the Employees’ Retirement System, and shall thereafter make contributions to the supernumerary fund as provided in Section 12-17-143.
(Acts 1975, No. 1205, p. 2384, §7-117; Acts 1993, No. 93-485, p. 778, §1.)
(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 register has been granted a refund of his or her contributions to a county supernumerary program and has cancelled membership in the program as provided in subsection (a), the circuit clerk or register may purchase up to 10 years of prior service credit in the state circuit clerks or registers supernumerary program for prior service as a county tax collector. Credit for the prior service in the state supernumerary program shall be granted when the purchaser pays to the circuit clerks or registers supernumerary fund prior to October 1, 2000, the full cost of the prior service credit as actuarially determined by the Administrative Office of Courts.
(Acts 1975, No. 1205, p. 2384, §7-118; Act 99-580, §1.)
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 supernumerary fund and to have refunded his contributions plus accrued interest thereon under the same rules, regulations and rates applicable to similar refunds of contributions under the Employees’ Retirement System of Alabama. If service is terminated by death, the refund on contributions and accrued interest is payable to the clerk’s or register’s designated beneficiary.
If a circuit clerk or register who has assumed supernumerary status dies prior to receiving supernumerary benefits equal to his total contributions plus accrued interest thereon which was credited to the member’s individual account at the time of assuming supernumerary status, the remaining portion of his contributions and accrued interest is payable to the clerk’s or register’s beneficiary.
Any prior service credit obtained by a clerk or register pursuant to Section 12-17-144, shall be included in computing the total number of years of the clerk’s or register’s participation in the Clerks’ and Registers’ Supernumerary Fund.
(Acts 1975, No. 1205, p. 2384, §7-119; Acts 1981, No. 81-684, p. 1153, §3.)
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 accordance with applicable general laws and rules.
(Acts 1975, No. 1205, p. 2384, §7-105.)
(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 authorizes a separate clerk’s office for the district court of a county, the clerk of the circuit court shall not be the ex officio clerk of the district court and shall have no administrative responsibilities for and supervision over the operation of the office. Whenever a separate district clerk’s office is authorized, the administrative responsibility for and supervision of the records and clerical services of the respective district court is vested in an official who shall be known as the clerk of the district court, who shall perform all duties and responsibilities which, if no clerk for the district court was authorized, would have been performed by the circuit clerk.
(b) The clerk of a district court shall be appointed by the Administrative Director of Courts, with the advice and consent of the presiding judge of the circuit court and a majority of the district court judges of the district concerned. The clerk of a district court may be removed for cause by the Administrative Director of Courts and shall not be subject to the state merit system except for pay purposes.
(c) The separate office of clerk of district court may be abolished by the Supreme Court, and if abolished, the authority and responsibilities shall be assumed by the clerk of the circuit court.
(d) Any district court clerk who desires to be included under the supernumerary provisions for circuit clerks and registers in lieu of participation in the Employees’ Retirement System shall file a declaration to that effect with the Administrative Director of Courts during the month of August in the years 1993 to 1995, inclusive. Upon receipt of an election by any district court clerk to participate in the supernumerary fund for clerks and registers, the Administrative Director of Courts shall immediately notify the Secretary-Treasurer of the Retirement Systems of Alabama of the election. Upon receipt of the election, the retirement systems shall transfer, on or before the September 30 after the election, all of the employee contributions plus any other amounts, including, but not limited to, any interest on the account that the employee would be entitled to receive upon withdrawal from the retirement system, to the Clerks’ and Registers’ Supernumerary Fund provided in Section 12-17-143, so that the employee may begin participating in the fund on the ensuing first of October.
Upon the transfer of the funds, any district court clerk electing to participate in the supernumerary fund shall receive credit in the fund for all prior service that he or she had been given credit for under the Employees’ Retirement System.
Thereafter, any district court clerk who elects to come under the supernumerary fund for clerks and registers shall make contributions to the Clerks’ and Registers’ Supernumerary Fund as provided in Section 12-17-143.
Any person who has served as clerk of the district court prior to October 1, 1993, and has elected to participate in the Clerks’ and Registers’ Supernumerary Fund as provided in this section, may elect to become a supernumerary clerk of the district court of the county in which the clerk served, in the same manner provided in Section 12-17-140, if the clerk meets the requisite qualifications. It is the intent of this subsection that the provisions in the Clerks’ and Registers’ Supernumerary Fund laws that refer to circuit clerks shall be construed to also refer to district court clerks for purposes of the supernumerary fund; however, a supernumerary district court clerk’s salary shall be set at 75 percent of his or her salary as a district court clerk at the time such eligibility is achieved.
(Acts 1975, No. 1205, p. 2384, §7-105; Acts 1993, No. 93-485, p. 778, §1.)
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 to the supervision and control of the clerk of the district court.
(Acts 1975, No. 1205, p. 2384, §7-105.)
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 is elected and qualified.
(Code 1852, §721; Code 1867, §853; Code 1876, §769; Code 1886, §4244; Code 1896, §5513; Code 1907, §7778; Acts 1915, No. 720, p. 817; Code 1923, §5495; Code 1940, T. 13, §225.)
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; Code 1923, §5496; Code 1940, T. 13, §226.)
(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 paid circuit judge of the state, payable as the salaries of other state officers are paid. District attorneys holding office on October 1, 2021, are exempt from subsection (b).
(b)(1) Notwithstanding subsection (a), any district attorney newly appointed or elected after October 1, 2021, shall receive an initial salary of one hundred forty thousand dollars ($140,000). This amount shall be adjusted to reflect any cost-of-living adjustment enacted by the Legislature on or after October 1, 2021.
(2) The salary of district attorneys shall be increased by 7.5 percent for the term commencing after the completion of the first term for which he or she was appointed or elected as district attorney. The salary shall be increased by an additional 7.5 percent for the term commencing after the completion of his or her second term as district attorney. The salary shall be increased by an additional 7.5 percent for the term commencing after the completion of his or her third term as district attorney. The salary shall further be increased by any cost-of-living adjustment enacted by the Legislature not already granted to the district attorney during the previous term.
(c) The compensation paid by the state to any district attorney in service on October 1, 2025, may not be diminished pursuant to Act 2025-384.
(d) Upon ratification of the constitutional amendment proposed by Act 2025-291 of the 2025 Regular Session, providing that the salary of a district attorney may not be decreased during his or her term of office, the salary of each district attorney shall be increased by any cost-of-living adjustment effective on or after October 1, 2021, that is not already reflected in his or her compensation.
(e) The salary adjustment pursuant to subdivision (b)(1) is prospective and a district attorney serving on October 1, 2025, shall not receive back pay.
(Acts 1963, No. 511, p. 1096; Acts 1966, Ex. Sess., No. 264, p. 406; Acts 1967, No. 526, p. 1260; Act 2021-441, §3; Act 2025-384, §2.)
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 such failure, it shall be the duty of the judge of the circuit to notify the Governor, and the Governor shall fill the vacancy.
(Code 1852, §723; Code 1867, §855; Code 1876, §771; Code 1886, §4246; Code 1896, §5515; Code 1907, §7780; Code 1923, §5497; Code 1940, T. 13, §228; Acts 1979, No. 79-629, p. 1112.)
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 before them.
(2) To draw up all indictments and to prosecute all indictable offenses.
(3) To prosecute and defend any civil action in the circuit court in the prosecution or defense of which the state is interested.
(4) To inquire whether registers have performed the duty required of them by Section 12-17-117 and shall, in every case of failure, move against the register as provided by subsection (b) of Section 12-17-114.
(5) If a criminal prosecution is removed from a court of his or her circuit, county, or division of a county to a court of the United States, to appear in that court and represent the state; and, if it is impracticable, consistent with his or her other duties, to attend that court, he or she may designate and appoint an attorney practicing therein to appear for and represent the state.
(6) To attend each special session of the circuit court held for the trial of persons charged with criminal offenses; and on failure to do so, a conditional judgment may be rendered against him or her for fifty dollars ($50), to be made permanent on notice at the next session thereafter unless a good excuse is rendered.
(7) To perform other duties and exercise other powers as are or may be required by law.
(8) To give every county official an opinion in writing on all matters connected with their respective offices, except in civil actions against official bonds. But county commissions may retain or employ attorneys when it is deemed advisable or necessary, and the agreed compensation to them may be paid as are claims to grand and petit jurors.
(9) To, whenever requested to do so by the Governor of Alabama or by the Board of Pardons and Paroles, make a full and thorough investigation in each case arising in their circuit, county, or division of a county, and fully report their findings, with recommendations that pardon or parole be granted or refused, and they shall assign fully and in detail their reasons for the recommendations. They shall advise any parole officer who may have jurisdiction in their respective circuits, county, or division of a county and shall, when called upon by parole officer, make a full, thorough, and impartial investigation of each case being investigated and give all information possible with reference to such case and shall advise him or her upon his or her request with reference to the law and procedure on all matters pertaining to the office of the parole officer. They shall, whenever called upon by the Governor or the Board of Pardons and Paroles, go to Montgomery or to any other place where a case with which they are familiar is being investigated and appear specially before the Governor or before the Board of Pardons and Paroles. They shall cooperate fully with the Governor and with the Board of Pardons and Paroles with reference to any cases which have arisen in their respective circuits, counties, or division of a county and shall render all assistance possible in furnishing information needed by the Governor or the Board of Pardons and Paroles, furnishing any information and making any investigation which may be needed in the proper handling of such pardon or parole and the investigation thereof.
(10) To go to any place in the State of Alabama and prosecute any case or cases, or work with any grand jury, when called upon to do so by the Attorney General or the Governor of the State of Alabama, and to attend sessions of courts and transact all of the duties of the district attorney in the courts whenever called upon by the Attorney General or the Governor to do so.
(11) All district attorneys and all full-time assistant district attorneys shall devote their entire time to the discharge of the duties of their respective offices, and each and every one of the officers are prohibited from practicing law, directly or indirectly, in any court of this state or of the United States, or in any other manner or form whatsoever, except in the discharge of the official duties of their offices.
(12) To carefully read and check the record on appeal in all criminal cases appealed from the circuit court of their judicial circuit to the Court of Criminal Appeals or the Supreme Court of Alabama, and call to the attention of the trial judge any errors or discrepancies that may appear in the record.
(13) To, whenever requested by the Attorney General of the State of Alabama, file memorandum briefs in all criminal cases appealed from the circuit court of their judicial circuits to the Court of Criminal Appeals or the Supreme Court of Alabama.
(14) To attend all hearings in their judicial circuits on any application for probation and furnish the trial judge or the judge hearing the application with all information in their possession concerning the applicant for probation.
(15) To represent the board of registrars of the county or counties comprising their judicial circuits in all civil actions for damages that are filed against the boards of registrars arising out of the performance of their official duties, in either the circuit court of their judicial circuits or in the United States district courts.
(16) To attend all clemency hearings before the Governor of Alabama, in all cases arising in their judicial circuits, and furnish to the Governor, at those hearings, all pertinent information in their possession concerning the applicant or applicants for clemency.
(17) To attend all hearings in their respective judicial circuits for revocation of probation and furnish the trial judge, or the judge hearing the revocation, with all information in their possession concerning the case.
(18) To, at any time the grand jury is not in session, issue subpoenas to persons to come before them, and they shall have power to administer oaths to those persons and examine them as to any violation of the criminal laws of the state.
(19) To make application to the courts to place witnesses in criminal cases under bond for their appearance in court when they have information that the witnesses are about to leave the state.
(20) To, when requested to do so, represent the chief of police of any municipality in their respective judicial circuits in all habeas corpus proceedings filed in the circuit courts of their respective judicial circuits.
(21) To, when requested to do so by the Attorney General, assist the Attorney General in the prosecution of all impeachment proceedings which it is his or her duty to institute before the Supreme Court of Alabama involving any official or officials in their respective judicial circuits.
(22) To report to the State Board of Medical Examiners the name and address of any physician who is indicted or otherwise charged with any felony or any misdemeanor related to the practice of medicine, or any violation of Section 32-5A-191. The report required by this subdivision shall be made within 30 days of the filing of any indictment, information, or other charge in any district or circuit court of this state. In addition, a report shall be rendered to the State Board of Medical Examiners of the conviction of any physician for any felony or any misdemeanor related to the practice of medicine, or any violation of Section 32-5A-191. The report of conviction shall be submitted within 30 days after sentencing without regard to any appeal of the conviction. For the purposes of this subdivision a physician is an individual licensed to practice medicine by the Medical Licensure Commission of Alabama.
(Code 1852, §724; Code 1867, §856; Code 1876, §772; Code 1886, §4247; Code 1896, §5516; Code 1907, §7781; Acts 1919, No. 64, p. 68; Code 1923, §5498; Acts 1939, No. 329, p. 468; Code 1940, T. 13, §229; Acts 1949, No. 435, p. 631, §§1, 2; Acts 1951, No. 818, p. 1451; Acts 1995, No. 95-112, 126, §1.)
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 investigations, or other matters of law within the prosecuting attorney’s scope of authority.
(2) A free and unfettered discussion of factual and legal issues between prosecuting attorneys and law enforcement officers, as part of the investigation and charging process, is essential to the fair and just application of the criminal laws of this state.
(3) The Legislature encourages free and unfettered discussions between prosecuting attorneys and law enforcement as a part of the investigatory and charging process.
(4) A prosecuting attorney providing legal advice, as part of the investigatory and charging process, to law enforcement officers on any matter related to the application of any statute or rule is a vital prosecutorial function and an inherent part of the prosecution of any criminal or civil law or rule within the prosecuting attorney’s scope of authority.
(Act 2025-330, §1.)
A prosecuting attorney advising a law enforcement officer or law enforcement agency, as defined in Section 36-21-55, on any matter of criminal procedure, civil procedure, criminal charges, or criminal investigations within the prosecuting attorney’s scope of authority is deemed a prosecutorial function.
(Act 2025-330, §1.)
(a) It is the duty of every district attorney to attend each session of the court for which he is district attorney and to remain in the discharge of his duties until the business of the state is disposed of. Any district attorney, other than those mentioned in subsection (b) of this section, failing to so attend or absenting himself before the business of the state is disposed of, forfeits to the state the sum of $100.00, for which a conditional judgment must be entered, to be made absolute on notice to such district attorney unless a good excuse is rendered.
(b) If any district attorney who is paid a salary by the state fails or neglects to attend any session of the court for which he is district attorney or, after attending, absents himself before the business of the state is disposed of, he forfeits to the state the sum of $25.00 for every day he is thus absent or fails to attend, to be deducted by the Comptroller from his salary. The absence or failure of such district attorney shall be certified to the Comptroller by the clerk of the court within 10 days after the session, under a penalty of $100.00, to be recovered in the name of the state on two days’ notice.
(c) The deduction provided for in the subsection (b) of this section shall not be made if the district attorney makes and files with the Comptroller, within 10 days after the session from which he is absent, an affidavit that such failure to attend or absence was on account of sickness of himself or family, inevitable accident or of an epidemic or contagious disease or a well-grounded apprehension thereof.
(Code 1852, §§725, 726; Code 1867, §§857, 858; Code 1876, §§773, 774; Code 1886, §§4248, 4249; Code 1896, §§5517-5519; Code 1907, §§7782-7784; Code 1923, §§5499-5501; Code 1940, T. 13, §§230-232.)
(a) The presiding judge of the circuit court, the district court or the municipal court, when the district attorney or assistant district attorney regularly required by law to prosecute criminal cases in such court is absent, or connected with the party against whom it is his duty to appear by consanguinity or affinity within the fourth degree, or when there is a vacancy in the office from any cause, or when the district attorney refuses to act, may appoint a competent attorney to act in such district attorney’s place, but such appointment shall in no event extend beyond the session of the court at which the appointment is made.
(b) The attorney so appointed shall receive for his services the sum of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant of the Comptroller if the district attorney for whom he is appointed to act is paid by the state, there being hereby appropriated annually out of the general funds in the State Treasury a sum of money sufficient to pay such attorney; and he shall be paid by the county for his services the sum of $25.00 per day for the time he is actually engaged in court on warrant of the probate judge or presiding officer of the county commission if the district attorney for whom he is appointed to act is paid by the county.
(c) The clerk of the court appointing an attorney to act in a district attorney’s place or, if there is no clerk, the presiding judge of such court, shall certify to the Comptroller in writing the number of days such attorney was so engaged in court if the district attorney for whom he is appointed to act is paid by the state, and shall certify to the probate judge or presiding officer of the county commission in writing the number of days such attorney was so engaged in court if the district attorney for whom he is appointed to act is paid by the county, and such certification shall be the basis for the warrant to be drawn by the Comptroller or the probate judge or presiding officer of the county commission as the case may be.
(Acts 1945, No. 503, p. 728.)
[Repealed]
Repealed by Acts 1977, No. 607, p. 812, § 9901, as amended, effective January 1, 1980.
When it shall be made known to any court that an indictment is pending therein against the person who is acting as district attorney of the county in which the court is held, the court shall make an order suspending such district attorney. The district attorney so suspended shall not act as district attorney until such order of suspension shall be set aside.
(Code 1876, §776; Code 1886, §4251; Code 1896, §5523; Code 1907, §7788; Code 1923, §5506; Code 1940, T. 13, §237.)
When any district attorney is suspended, the court shall appoint a district attorney pro tem, who shall perform the duties of the office of district attorney and receive $25.00 per day while engaged in court, to be paid on the warrant of the Comptroller drawn on the treasurer, the clerk of the court having first certified to the Comptroller in writing the number of days such district attorney pro tem was engaged in court, from such appointment until the original order suspending the district attorney shall be set aside.
(Code 1876, §777; Code 1886, §4252; Code 1896, §5524; Code 1907, §7789; Code 1923, §5507; Code 1940, T. 13, §238.)
When it shall be known to the court that there is no indictment pending in the court in which such indictment was found or in any court to which a case may have been removed by change of venue, against a district attorney who has been suspended, the order suspending such district attorney shall be set aside.
(Code 1876, §778; Code 1886, §4253; Code 1896, §5525; Code 1907, §7790; Code 1923, §5508; Code 1940, T. 13, §239.)
District attorneys in judicial circuits of more than one county shall receive the sum of $1,000.00 per annum, payable monthly from the treasury, said additional allowance to be in reimbursement for reasonable expenses while in attendance upon court outside of their home county.
(Acts 1932, Ex. Sess., No. 296, p. 300; Code 1940, T. 13, §241; Acts 1971, No. 1875, p. 3055.)
In addition to the expenses now allowed by law to district attorneys pursuant to Section 12-17-191, there shall be paid to district attorneys in all judicial circuits composed of four or more counties the sum of $300.00 per annum for each county of the judicial circuit, over and above one, said additional allowance to be reimbursement for reasonable expenses while in attendance upon court outside of their home county, to be paid from the treasury monthly.
(Acts 1957, No. 747, p. 1182.)
All fees which may be by law taxed as district attorneys’ fees against defendants on convictions belong to the state and, when collected, shall be paid into the State Treasury.
(Code 1896, §5529; Code 1907, §7792; Code 1923, §5511; Code 1940, T. 13, §242.)
Any district attorney who commences a prosecution for any criminal offense by his own affidavit, except for an offense against his person or property or for a violation of the revenue laws or the prohibition laws, or unless the affidavit is upon his personal knowledge of the commission of the offense, shall, on conviction, be fined not less than $50.00.
(Code 1876, §4146; Code 1886, §3940; Code 1896, §5126; Code 1907, §7793; Code 1923, §5513; Code 1940, T. 13, §243.)
Any assistant district attorney who acts as attorney for, represents or defends any defendant charged with a criminal offense of any kind or character in any court, state, municipal or federal, in this state, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $100.00 nor more than $1,000.00.
(Acts 1945, No. 342, p. 558.)
Any law partner or partners of any district attorney or assistant district attorney of this state who defend criminal cases of any character, kind or description in any court in this state in which said district attorney or assistant district attorney is the prosecuting officer shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00.
(Code 1907, §7794; Code 1923, §5514; Code 1940, T.13, §244.)
(a) This section shall be effective in those judicial circuits of Alabama now or hereafter created where there is no local, general or special law providing for a district attorney’s fund for the use of the district attorneys in the discharge of their duties and for law enforcement.
(b) All district attorneys’ fees taxed as costs and collected in all criminal cases in the circuit courts in the judicial circuits defined in subsection (a) of this section shall be paid into the county treasury of the county in which said fees are taxed and collected, and said fund shall be kept as a separate fund in the county treasury and shall be known as the district attorney’s fund and shall be used and expended by the district attorney of the judicial circuit of which said county is a part, as hereinafter provided.
(c) The district attorney of each judicial circuit, as defined in subsection (a) of this section, is hereby authorized to requisition expenditures from the district attorney’s fund for the payment of any and all expenses to be incurred by him for law enforcement and in the discharge of the duties of his office, as he sees fit. The treasurer of each county in each judicial circuit, as defined in subsection (a) of this section, shall pay out of said funds to the said district attorney upon requisition made to the treasurer by the district attorney.
(d) All laws and parts of laws in conflict with this section are hereby repealed, but it is not intended to repeal or modify or change in any manner any general, local or special law creating district attorneys’ funds for certain judicial circuits, and the same shall remain in full force and effect.
(Acts 1965, No. 668, p. 1200.)
(a) The district attorney may appoint full-time or part-time assistant district attorneys to perform prosecutorial duties in the district or circuit courts within the circuit for which the district attorney shall have administrative responsibility. The number and compensation of such assistant district attorneys shall be as otherwise authorized or provided by law.
(b) All general laws applicable within certain judicial circuits, general laws of local application and local laws providing for deputy or assistant district attorneys or circuit solicitors and the manner of election or appointment, compensation, duties, etc., of such officers, which said laws were in effect on the effective date of this code, shall continue in effect until amended or repealed by statute; provided, that all such officers shall be known as “assistant district attorneys.”
(Acts 1975, No. 1205, p. 2384, §4-131.)
All laws to the contrary notwithstanding, any elected assistant district attorney in this state is hereby entitled to all entitlements enumerated in this article.
(Acts 1989, No. 89-466, p. 967.)
[Repealed]
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §1.)
[Repealed]
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §2.)
[Repealed]
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §3.)
[Repealed]
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §4; Acts 1996, 2nd Ex. Sess., No. 96-856, p. 1664, §1.)
[Repealed]
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §5.)
[Repealed]
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §6.)
[Repealed]
Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000..
(Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §7.)
(a) Any district attorney, former district attorney or former circuit solicitor of this state:
may elect to become supernumerary district attorney of the state by filing a written declaration to that effect with the Governor.
(b) Any district attorney, former district attorney or former circuit solicitor who has served in that office as district attorney for not less than 24 years, or for not less than six terms, the last 10 years of such service having been continuous, may elect to become a supernumerary district attorney of the state by filing a written declaration to that effect with the Governor at any time not more than 90 days prior to the end of the 24-year period.
(c) This section shall apply only to district attorneys, former district attorneys or former circuit solicitors who have been elected to that office.
(Acts 1963, No. 467, p. 1019, §1; Acts 1966, Ex. Sess., No. 239, p. 361.)
Any district attorney of this state who has served continuously for 15 years as district attorney and who is not less than 70 years of age may elect to become a supernumerary district attorney of the state by filing, while in service, a written declaration to that effect with the Governor, who shall, if the age of the declarant is not less than 70 and his continuous service as district attorney is not less than 15 years, thereupon issue to such declarant a commission as supernumerary district attorney of the State of Alabama.
(Acts 1950, 5th Ex. Sess., No. 31, p. 79, §1.)
Any district attorney or other like prosecuting officer by whatever name designated of this state who has served continuously for as much as 12 years and who has become permanently and totally disabled, proof of such disability being made by certificate of three reputable physicians, or who has served continuously for as much as 25 years, and any person holding office as a judge of a county law and equity court on January 1, 1960, who has served continuously as a district attorney or other like prosecuting officer by whatever name designated for 20 years or more, may elect to become a supernumerary district attorney of the State of Alabama by filing, while in service as such prosecuting officer or judge, a written declaration to that effect with the Governor, which written declaration shall set forth one of the foregoing conditions under which a person may elect to become a supernumerary district attorney; and, in case of permanent and total disability, such declaration shall have attached thereto the certificate of disability signed by three reputable physicians as above required; whereupon, if the matters set forth in such declaration are true, and other requirements above required are complied with, the Governor shall issue to such declarant a commission as supernumerary district attorney of the State of Alabama.
For the purposes of this section, service in the armed forces of the United States shall not be deemed to interrupt continuous service as such district attorney.
(Acts 1953, No. 474, p. 589, §1; Acts 1959, No. 242, p. 806; Acts 1967, No. 349, p. 908.)
(a) Any individual now serving or having formerly served as a district attorney of a judicial circuit of Alabama who has served for not less than 18 years, when he or she has reached the age of 60 years, may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor, and time served as judge of a court of record or a county court, a county solicitor or any other countywide elected official, a full-time deputy or assistant district attorney, or a licensed attorney employed full time by the State of Alabama, whether commissioned or appointed, or as an elected constitutional officer or other state official, shall be counted as time served toward accumulating the above required 18 years; provided, that the district attorney shall have served not less than 10 years as district attorney of a judicial circuit.
(b) Any district attorney of a judicial circuit who has served 18 years as circuit district attorney may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor, and only two and one-half years served as judge of a court of record or a county court, a county solicitor, a full-time deputy or assistant district attorney, or a licensed attorney employed full time by the State of Alabama, whether commissioned or appointed, or as an elected constitutional officer or other state official, may be counted as time served toward accumulating the above required 18 years.
(c) On October 1, 2021, any individual who was elected or appointed as a district attorney prior to November 8, 2016, and held office as a district attorney through or after January 1, 2019, may elect to become a supernumerary district attorney by filing a written declaration to that effect with the Governor. Prior time served as a judge of a court of record, a full-time deputy or assistant district attorney, a licensed attorney employed full time by the State of Alabama, or a district attorney shall be counted as time served toward accumulating the 18 years required in this section.
(d) Notwithstanding Section 36-27-16, any district attorney who qualifies under this division to receive a salary pursuant to Section 12-17-215 and also qualifies to receive a pension under any of the Retirement Systems of Alabama, at the time of separation from state service, may receive a salary under Section 12-17-215 and a pension by filing a written declaration with the Governor and the applicable retirement system, provided that applicable time and credit are based on separate years of service. This subsection shall not prohibit survivor benefits that may be available under any of the Retirement Systems of Alabama.
(e) A supernumerary district attorney who is receiving a salary pursuant to Section 12-17-215 may also be employed by, or perform duties in any capacity, including as an independent contractor for, any employer participating in the Employees’ Retirement System; provided, however, the supernumerary district attorney’s compensation from the employer in a calendar year may not exceed the salary limitation described and calculated pursuant to Section 36-27-8.2(a).
(Acts 1971, No. 1873, p. 3053; Acts 1975, No. 1182, p. 2314; Act 2021-274, §§1-3.; Act 2025-401, §1)
If the Governor shall find that any such declarant is qualified as set forth in this article, a commission as supernumerary district attorney for the State of Alabama shall thereupon be issued to such declarant by the Governor. The office of district attorney made vacant by the election of any such declarant shall be filled by appointment of the Governor as provided by law.
(Acts 1953, No. 474, p. 589, §1; Acts 1959, No. 242, p. 806; Acts 1963, No. 467, p. 1019, §1; Acts 1966, Ex. Sess., No. 239, p. 361; Acts 1967, No. 349, p. 908; Acts 1967, Ex. Sess., No. 197, p. 243; Acts 1971, No. 858, p. 1620.)
(a) The salary of each supernumerary district attorney shall be an amount equal to $500.00 less than the salary paid by the state to supernumerary circuit judges and shall be paid as other district attorneys’ salaries are now paid, for the payment of which an appropriation is hereby made. Such supernumerary district attorney shall hold office during good behavior of such supernumerary district attorney and may be removed only by impeachment for the causes specified in the Constitution of Alabama.
(b) The repeal of laws providing for supernumerary judges as provided in Section 12-17-40 shall not affect the compensation paid supernumerary district attorneys. The method for computing said compensation will continue with full force and effect as if the laws regarding supernumerary circuit judges were still in effect.
(Acts 1969, No. 1050, p. 1965; Acts 1986, No. 86-320.)
Supernumerary district attorneys 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 district attorneys of the judicial circuits or circuit courts and shall, upon request of the Governor, the Chief Justice of the Supreme Court or the Attorney General, conduct investigations, attend any regular, adjourned or special session of any circuit court in any of the judicial circuits of Alabama for the investigation of or the prosecution of any criminal case or the prosecution or defense of any case in which the state is interested. The Governor, any member of the Supreme Court or courts of appeals or the Attorney General may request a supernumerary district attorney to perform duties as those prescribed for assistant attorneys general, either in their respective offices or at such other places within or without the state as such officials may assign him. When on such special assignment at the request or designation of one of the aforementioned officials and performing duties as those prescribed for assistant attorneys general, the supernumerary district attorney shall have all the powers and authority of an assistant attorney general and shall be entitled to the same amount of sick leave and annual leave that accrues to an assistant attorney general; and, while performing such duties at the request of the Attorney General, he shall be designated as a special assistant attorney general.
(Acts 1953, No. 474, p. 589, §2; Acts 1961, No. 629, p. 748, §1; Acts 1965, 2nd Ex. Sess., No. 112, p. 150, §1.)
Any person occupying the office of supernumerary district attorney shall not represent any client, other than the State of Alabama, himself or herself, or an immediate family member in any criminal, quasi-criminal, or civil forfeiture proceeding resulting from a criminal action where the State of Alabama is a party to the action, as court appointed counsel or as a public defender, eligible to receive funds or reimbursements from the indigent defense fund. Upon motion, the court shall enjoin any supernumerary district attorney from violating this section.
(Act 2015-498, §30.)
(a)(1) The district attorney of each judicial circuit may employ, in any manner as he or she shall determine necessary, assistant district attorneys, investigators, clerical, secretarial, and other personnel, who shall be paid from funds available for that purpose. Unless otherwise provided by local law for Talladega County, all of these employees shall serve at the pleasure of the district attorney and shall not be considered employees under the State Merit System Act.
(2) The district attorney’s authority to employ personnel pursuant to subdivision (1) shall not be limited by the residency of any current or potential personnel.
(b) The district attorney may supplement the salaries of personnel employed within his or her office.
(c) The district attorney may use funds available to him or her from all sources such as grants, appropriations, gifts, and other sources for the purposes stated in this section or for any other law enforcement purpose.
(d) Counties are authorized to supplement state expenditures as they deem necessary and shall provide other financial support as required by laws in effect on September 30, 1977.
(Acts 1977, No. 632, p. 940, §1; Acts 1991, No. 91-479, p. 867, §1; Acts 1995, No. 95-729, p. 1558, §1; Act 2023-515, §1.)
(a) Unless otherwise provided by local law, the district attorney of any judicial circuit in this state may appoint a chief investigator and, from time to time, additional investigators who will each be a peace officer pursuant to Section 6-5-338. The chief investigator and other investigators shall serve at the pleasure of the district attorney. The chief investigator and any additional investigators shall meet the minimum standards for law enforcement officers and hold a current certification from the Alabama Peace Officers’ Standards and Training Commission. The chief investigator and other investigators shall have the same authority as deputy sheriffs and other law enforcement officers in this state. They shall be responsible to the district attorney and shall perform duties as assigned by the district attorney.
(b) The Legislature may continue to enact local laws in the future or repeal existing local laws authorizing the appointment of investigators and providing for the powers of those investigators. This section shall not supersede existing local acts on June 9, 2011, or any local act enacted after June 9, 2011, providing for appointment of investigators by the district attorney in any county. Any district attorney appointing investigators pursuant to a local act may continue to appoint investigators according to that act until it is expressly repealed. Any investigator appointed pursuant to a local act of the Legislature may continue to exercise the powers and authorities provided in the local act until the local act is expressly repealed. Upon repeal of a local act authorizing the district attorney to appoint investigators and providing for the powers and authority of the investigators, the district attorney may appoint investigators pursuant to this section.
(Act 2011-538, p. 980, §§1, 2.)
(a) Each district attorney shall submit to the Office of Prosecution Services 60 days prior to each general session of the State Legislature a written report containing an estimate in itemized form showing the amount needed for personnel and office expenses for the year beginning October 1,1978, and each fiscal year thereafter. Each district attorney shall calculate his estimated budget according to the population and case load of his judicial circuit. Each such estimate shall itemize the expenditures required for the district attorney submitting it for his assistants as follows:
(1) Salaries of assistant district attorneys;
(2) Salaries of secretarial and clerical staff;
(3) Salaries of investigators; and
(4) Salaries for any other personnel or other law enforcement expenses.
(b) The form of such reports shall be prescribed by the Office of Prosecution Services and shall be uniform.
(c) The Office of Prosecution Services shall, based upon the various budgets submitted to it by the district attorneys pursuant to subsection (a) of this section, compile and submit to the State Legislature a unified budget request for the funding of the office of district attorney of the several judicial circuits in the manner consistent with other state agencies.
(Acts 1977, No. 632, p. 940, §2.)
The elected deputy district attorney of the tenth judicial circuit (the Bessemer cutoff) shall be, for the purpose of this division, considered a district attorney.
(Acts 1977, No. 632, p. 940, §3.)
The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict herewith.
(Acts 1977, No. 632, p. 940, §4.)
(a) Each district attorney may establish a special services division which shall be under the direction and control of the district attorney, and shall be organized for the following uses and purposes:
(1) A section of the special services division of each district attorney’s office may be organized as a worthless check unit. Each district attorney who elects to establish the unit shall assign sufficient staff and resources to effectively operate the unit. The worthless check unit of the special services division of the district attorney’s office shall be created for the purpose of processing worthless checks.
(2) Procedures:
a. COMPLAINT REFERRALS. After following the requisites of Section 13A-9-13.1, any party holding a worthless negotiable instrument may present a “complaint” to the worthless check unit of the special services division of the district attorney’s office. Upon receipt of the complaint, the complaint shall be evaluated by the worthless check unit, under the direction of the district attorney, to determine whether or not the complaint is appropriate to be processed by the worthless check unit.
(i) The amount of the check as recited in the complaint.
(ii) Whether the defendant has a prior criminal record of violations involving issuing worthless checks.
(iii) The number of checks previously received by the district attorney on this particular defendant.
(iv) Whether the defendant has any worthless check charges pending.
(v) The strength of the evidence of intent to defraud the victim.
b. NOTICE. After approval of the complaint, a warrant may be issued by an appropriate warrant magistrate, and the warrant may be held by the worthless check unit. After issuance of a warrant or upon approval of a complaint by the worthless check unit, the unit shall notify the individual charged with violating Section 13A-9-13.1 by issuing a notice to the individual that a warrant has been issued for arrest or that a complaint has been received by the worthless check unit. The notice may be sent by mail. The notice shall inform the accused that he or she may be eligible for deferred prosecution for violation of Section 13A-9-13.1 by voluntarily surrendering to the worthless check unit within 10 business days from the date of the notice.
c. VOLUNTARY SURRENDER. Upon voluntary surrender, the accused may be presented with the warrant or complaint and prosecution of same may be deferred upon payment of restitution and the service charge for processing the check, to the worthless check unit. Upon election by the worthless check unit, the accused may sign a restitution agreement which shall contain the terms by which the restitution and the service charge may be paid.
d. NONSURRENDER. If, after receiving the notice, the accused shall not voluntarily surrender to the worthless check unit within the 10 business days prescribed in the notice, the violation shall be prosecuted in accordance with applicable laws and procedures.
e. FEES AND RESTITUTION.
(i) Fees. The worthless check unit of the special services division of the district attorney’s office may charge a service charge in the stated amount in the following circumstances:
I. In those cases where the accused has been notified by mail that a warrant has been issued and may be criminally prosecuted unless the accused voluntarily surrenders to the worthless check unit within 10 business days from the date of the notice, and if an accused voluntarily surrenders pursuant to the notice within 10 business days, the worthless check unit may collect the sum of forty dollars ($40) from the accused as a service charge for processing the check. This service charge shall be increased in the same dollar amount as the court cost charged by the district court of the judicial circuit for violations of Section 13A-9-13.1 when the court cost shall be increased.
II. In those cases when the accused does not appear within 10 business days from the date of the notice issued to the accused, or if no restitution agreement is made, or if the accused does not comply with the restitution agreement, the case may be prosecuted in accordance with applicable laws and procedures. Upon appearance of the accused in the district or circuit court of the judicial circuit or the equivalent thereof and upon a finding of guilt or a plea of guilty, the court shall order the accused to satisfy an additional service charge equal to 85% of the court cost levied by the court for the offense. This amount shall not be in lieu of, but shall be in addition to, court costs assessed by the district or circuit court for the violation. Further, the service charge is to be paid to the general fund of the county to be disbursed pursuant to this section and shall not decrease any amounts allotted to any county or state agency from the court costs collected by the district or circuit court.
(ii) Restitution. Restitution shall be defined as the face amount of any negotiable instrument, in the event of the issuance of a forged or altered instrument, restitution shall be in the amount to which the instrument was changed or altered, plus any amounts the victim may have been required to pay to a bank as a result of having attempted to process the worthless instrument and the service charge authorized by Sections 13A-9-13.1 through 13A-9-13.3 for the holder of a worthless check.
I. Upon filing a complaint with the worthless check unit, the victim waives the right to collect restitution directly from the defendant.
II. Restitution agreements. After an accused has been sent notification by mail of the warrant issued for arrest and upon voluntarily surrendering to the worthless check unit, the worthless check unit may enter into a restitution agreement with the accused as to the terms by which the accused shall satisfy restitution and fees to the worthless check unit. The terms of the restitution agreements shall be determined on a case by case basis by the worthless check unit, but the duration of any agreement shall be no longer than a period of six months. No interest may be charged or collected on either restitution or fees charged. The restitution agreement shall be signed by the accused and shall be ratified by the worthless check unit before it is effective. If the accused does not honor each term of the signed restitution agreement, the district attorney’s office may proceed with the prosecution of the accused as provided by law.
(i) Restitution. Restitution shall be collected by the worthless check unit and deposited into an account maintained solely for that purpose. The worthless check unit shall, after a reasonable time for accounting and bookkeeping purposes, disburse to the victim all restitution collected with regard to the original complaint filed.
(ii) If the victim cannot be located after a reasonable time and diligent efforts, the restitution due the victim shall be deposited into the worthless check fund as herein provided.
(iii) Fees. All fees or charges, other than court costs, collected by the worthless check unit in accordance with this section shall be paid to the county treasurer of the county in a fund to be known as the Worthless Check Fund. Sixty-five percent of funds collected pursuant to subsection (a)(2)e1(i)I of this section shall be used and expended by the district attorney to defray the reasonable expenses incurred by the office of the district attorney. The district attorney may requisition and expend these funds for those purposes. The treasurer of the county shall make disbursements of the funds upon requisition of the district attorney. Provided further, this paragraph shall not reduce the amount payable to the district attorney under any local act, specifically Act No. 83-483. Thirty-five percent of the funds shall be used by the county for the reasonable expenses incurred in the administration of the program. All of the funds collected pursuant to subsections (a)(2)e1(i)II and (a)(2)e1(ii) shall be deposited in the general fund of the county and shall be expended only for the reasonable and necessary expenses of law enforcement.
(b) This section shall in no way prohibit or preclude the office of the district attorney from proceeding with the prosecution of any violation of Section 13A-9-13.1 as provided by applicable law and procedures heretofore enacted.
(Acts 1984, 1st Ex. Sess., No. 84-704, p. 35; Acts 1987, No. 87-565, p. 882; Acts 1989, No. 89-807, p. 1608, §1; Acts 1991, No. 91-319, p. 578, §1; Acts 1997, No. 97-413, p. 679, §1.)
It is the purpose of this legislation to ensure that court-ordered restitution to crime victims, victim compensation assessments, bail bond forfeitures, court costs required by law, fines levied against criminals for wrongful conduct, and other court-ordered sums payable to the state or to the crime victims be paid in full and that cost of collection be borne by the person who is responsible for payment. The Legislature of this state further recognizes that the district attorneys of the various judicial circuits are mandated by law to represent the people of the state, and a strong public policy dictates that restitution, court costs, fines, and other court-ordered sums be enforced within each judicial circuit by the district attorneys in conjunction with the circuit clerks and local courts.
(Acts 1995, No. 95-725, p. 1548, §1.)
Any law to the contrary notwithstanding, each district attorney may establish a special division designated the “restitution recovery division” for the administration, collection, and enforcement of court costs, fines, penalty payments, victim compensation assessments, bail bond forfeitures, restitution, or like payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, or judgements entered which have not been otherwise vacated, or judicial relief given from the operation of the order or judgement.
(Acts 1995, No. 95-725, p. 1548, §2.)
The court or the clerk of the court shall notify the district attorney in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims’ restitution, or victims’ compensation assessments or like payments in any civil or criminal proceeding ordered by the court to be paid to the state or to crime victims have not been paid or are in default and the default has not been vacated. Upon written notification to the district attorney, the restitution recovery division of the office of the district attorney may collect or enforce the collection of any funds that have not been paid or that are in default which, under the direction of the district attorney, are appropriate to be processed. In no event shall a court or court clerk notify the district attorney in less than 90 days from the date the payments are due to be paid in full.
(Acts 1995, No. 95-725, p. 1548, §3.)
After notification as provided in Section 12-17-225.2, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments, including any of the following: (1) a petition for revocation of probation; (2) a show cause petition for contempt of court; (3) any other civil or criminal proceedings which may be authorized by law or by rule of court. In addition, the district attorney may issue appropriate notices to inform the defendant of the noncompliance of the defendant and a warning of the penalty for noncompliance.
(Acts 1995, No. 95-725, p. 1548, §4.)
After a matter has been transferred to a district attorney under Section 12-17-225.2, a court shall assess a collection fee of 30 percent of the funds due which shall be added to the amount of funds due. Any amount collected pursuant to this division shall be distributed as follows:
(1) Seventy-five percent of the collection fee shall be distributed to the county district attorney’s fund to be expended for lawful purposes for the operation of the office of the district attorney. Funds provided to the district attorney by this division shall not reduce the amount payable to the district attorney under any local act or general act or reduce or affect the amounts of funding allocated by law to the budget of the district attorney. The funds shall be audited as all other state funds are audited.
(2) Twenty-five percent of the collection fee shall be distributed to the circuit clerk’s fund which shall be kept and maintained by the circuit clerk in a separate account to be used for the operation of the office of the clerk to include, but not be limited to, equipment purchases, education, and other office related expenses including personnel. Funds retained by the circuit clerk shall not reduce the amount payable to the circuit clerk under any local act or general act or reduce or affect the amounts of funding allocated by the Administrative Office of Courts to the budget of the circuit clerk. The funds shall be audited as all other state funds are audited.
The Legislature may, by local law, adjust the distribution in this section.
The remainder of the fees, fines, penalties, charges, court costs, and bail bond forfeitures after the deduction for collection shall be disbursed as provided by law on a monthly basis.
(3) This division shall not affect the right of the office of the district attorney to proceed with the prosecution of any violation as currently provided by law.
(Acts 1995, No. 95-725, p. 1548, §5.)
There shall be an amnesty period of 60 days after August 7, 1995 during which any person may voluntarily pay in full any duly assessed court costs, fines, victim compensation assessments, bail bond forfeitures, penalty payments, restitution, or like payments in default. Commencing with the sixty-first day after August 7, 1995, the enforcement and collection procedures provided in this division shall be implemented.
(Acts 1995, No. 95-725, p. 1548, §6.)
In addition to the provisions of this division, all court costs, fines, victim compensation assessments, bail bond forfeitures, and restitution, and other court-ordered charges, including the collection fee of a court of competent jurisdiction in this state, shall be considered civil judgements which can be recorded and enforced in the manner provided by law.
(Acts 1995, No. 95-725, p. 1548, §7.)
Any district attorney and the Administrative Office of Courts in this state shall be allowed to contract with a private collection agency under the same terms and conditions as set forth in this division.
(Acts 1995, No. 95-725, p. 1548, §8.)
The provisions of this division are supplemental to any procedures for the enforcement and collection of any court-ordered sums or forfeitures. The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict with this division.
(Acts 1995, No. 95-725, p. 1548, §10.)
Any county which currently has local legislation pertaining to restitution recovery shall supersede this division.
(Acts 1995, No. 95-725, p. 1548, §11.)
For purposes of this division, the following terms shall have the following meanings:
(1) ADMINISTRATION FEE. A fee imposed by the district attorney as a condition precedent to participation in a pretrial diversion program.
(2) COMMUNITY SERVICE. Work imposed as a condition of a pretrial diversion program that is intended for the common good of the community or to assist in restoration of the victim. Community service should further serve to rehabilitate an offender.
(3) DISTRICT ATTORNEY. The district attorney of the judicial circuit or his or her designee, so designated to fulfill the goals, purposes, and objectives of this division.
(4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere.
(5) OFFENDER. Any person who has been charged with a criminal offense, including, but not limited to, any felony, misdemeanor, violation, or traffic offense, as defined in the Code of Alabama 1975, which was alleged to have been committed in the jurisdiction of the State of Alabama.
(6) PRETRIAL. The term includes, but is not limited to, any moment within or during the disposition of a criminal or quasi-criminal action.
(7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A voluntary option that allows an offender, upon advice of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition by the district attorney of certain conditions of behavior and conduct for a specified period of time upon the offender which would allow the offender to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during the time frame set by the district attorney as provided in the agreement.
(8) RESTITUTION. As defined by Section 15-18-142, and may also include, but not be limited to, any extraordinary cost incurred during the investigation or prosecution by a law enforcement agency or the district attorney.
(9) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2.
(10) SUPERVISION FEE. Any fee other than the administration fee imposed by any agency providing supervision or treatment of an offender.
(Act 2013-361, p. 1290, §1.)
(a) The district attorney of any judicial circuit of this state may establish a pretrial diversion program within that judicial circuit or any county within that judicial circuit.
(b) All discretionary powers endowed by the common law, provided for by statute and acts of this state, or otherwise provided by law for the district attorneys of this state shall be retained.
(c) A county pretrial diversion program established under subsection (a) shall be under the direct supervision and control of the district attorney. The district attorney may contract with any agency, person, or corporation, including, but not limited to, certified and judicially sanctioned community corrections programs, certified mental health and drug treatment programs, family service programs, or any certified not-for-profit programs for services related to this division. The district attorney may employ persons necessary to accomplish the purposes of this division, who shall serve at the pleasure of the district attorney.
(d) The pretrial diversion program should utilize individual and realistic intervention plans which feature achievable goals. Any plan formulated shall occur as soon as possible after enrollment by the offender and shall be reduced to writing.
(e) This division shall not apply to juvenile delinquency proceedings in juvenile court.
(Act 2013-361, p. 1290, §2.)
(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit court or district court in a circuit in which a pretrial diversion program has been created pursuant to this division may apply to the district attorney of the circuit for admittance to the program.
(b) A person charged with any of the following offenses may apply for the pretrial diversion program:
(1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211, trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing controlled substances in the first degree as provided in Section 13A-12-218, or trafficking in an analog controlled substance.
(2) A property offense.
(3) An offense that does not involve serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible compulsion or incapacity of a victim.
(4) A misdemeanor or violation, except the district attorney may determine that a person charged with a misdemeanor offense or violation is ineligible to apply for the program if it is in the best interest of the victim, the offender, the community, or justice.
(5) A traffic or conservation offense, except that a holder of a commercial driver’s license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23.
(c) The following offenses are ineligible for consideration for the pretrial diversion program:
(1) Any Class A felony or capital offense.
(2) Any offense involving serious physical injury to a person.
(3) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States military, or a person over the age of 65.
(4) Any offense involving death.
(5) A person deemed by the district attorney to be a threat to the safety or well-being of the community.
(6) Bribery of a government or public official.
(7) Any offense wherein the offender is a public official and the charge is related to his or her capacity as a public official.
(8) Abduction or kidnapping.
(9) Any sex offense involving forcible compulsion or incapacity.
(10) A violation of Section 13A-12-191, et seq., or Section 13A-6-111, et seq.
(11) Any violation of Section 13A-10-120, et seq.
(12) Perjury in any degree, as defined in Section 13A-10-100, et seq.
(13) Any crime motivated by a victim’s race, color, religion, national origin, ethnicity, or physical or mental disability, as defined in Section 13A-5-13.
(d) As new offenses are created by the Legislature or new criminal acts trend, the Office of Prosecution Services may promulgate rules to include additional disqualifying offenses or eligibility to participate in any pretrial diversion program operating under this division.
(Act 2013-361, p. 1290, §3.)
(a) In determining whether an offender may be admitted into a pretrial diversion program established under this division, it shall be appropriate for the district attorney to consider any of the following circumstances:
(1) If the offender is 18 years of age or older at the time the offense was committed.
(2) There is a probability justice will be served if the offender is placed in the pretrial diversion program.
(3) It is determined the needs of the community and of the offender can be met through the pretrial diversion program.
(4) The offender appears to pose no substantial threat to the safety and well-being of the community or law enforcement.
(5) The offender is not likely to be involved in further criminal activity.
(6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion program.
(8) Undue hardship upon the victim.
(9) Whether the victim or the offender has medical, psychiatric, or vocational difficulties that would impede the administration of justice.
(10) Whether there is a reason to believe that the victim or offender will benefit from and cooperate with a diversionary program.
(11) If the offender honorably served and is eligible as a former member of the U.S. military to be treated by the United States Department of Veterans’ Affairs.
(12) The impact of criminal charges or prosecution upon the victim, witnesses, or the community.
(13) The availability of other programs which may serve the needs of the community or the rehabilitation of the offender.
(b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
(c) Any participation in a pretrial diversion program should not preclude an offender from considering and pursuing other strategies which may be more beneficial to him or her than the program.
(d)(1) In jurisdictions where the district attorney elects to establish a pretrial diversion program pursuant to this division, an offender’s qualifications, application, or entry into any other existing statutorily created drug court or other successful specialty court shall be paramount to the pretrial diversion program created pursuant to this division. If an offender qualifies for a drug or specialty court program, that program shall have priority over the pretrial diversion program created pursuant to this division.
(2)a. Nothing in this division shall prohibit a district attorney and the presiding circuit judge or the presiding judge in charge of the specialty court or drug court to enter into an agreement or memorandum of understanding, whereby the pretrial diversion program and the other specialty or drug court will work to complement each other in a cohesive and unified effort to serve the needs of the community, victims, and to rehabilitate the offender.
b. Nothing in this division shall prevent the pretrial diversion program from accepting applicants who have been referred from or denied acceptance into a drug or specialty court program.
(e) No potential pretrial diversion program applicant shall be denied access to a program based on race, ethnic background, religion, gender, disability, marital status, or economic status. No person who is protected by applicable federal or state laws against discrimination should be otherwise subjected to discrimination for eligibility purposes.
(Act 2013-361, p. 1290, §4.)
(a) Notwithstanding current law, admittance into the pretrial diversion program shall be in the discretion of the district attorney. To assist the district attorney in his or her decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted to the pretrial diversion program or as a part of the district attorney’s evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, educational history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program.
(b) The district attorney may require the offender to submit to any examinations, test, or evaluation process the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this division.
(c) If requested by the district attorney or the court, a program certified by the Alabama Department of Mental Health may provide a mental health evaluation, including a drug addiction assessment for any offender who has applied for the program pursuant to this division, any local pretrial diversion program, or any drug court program created by statute.
(Act 2013-361, p. 1290, §5.)
(a) An offender who enters into a pretrial diversion program established under this division shall be brought before a court of competent jurisdiction and shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial.
(2) Agree, in writing, to the tolling of periods of limitations established by statutes or rules of court while in the program.
(3) If applicable, waive, in writing, his or her right to a jury trial.
(b) Prior to entering into any agreement or seeking entry into a pretrial diversion program created pursuant to this division, an offender must be represented by counsel or waive his or her right to have counsel before a judge of a court of competent jurisdiction. If the offender is indigent, nothing in this division shall prevent the court from appointing counsel to represent an offender.
(c) An offender who enters a pretrial diversion program pursuant to this division shall reasonably be informed of the cost of the administration fee and, as practicable as possible, any other costs that will be required for the offender to pay for participation in the program. Restitution, or portions thereof, may be left open where amounts are difficult to determine or, due to the nature of the harm, may increase or decrease over the period.
(Act 2013-361, p. 1290, §6.)
(a) An offender who enters into a pretrial diversion program established under this division may satisfy any of the following requirements:
(1) Provide a statement admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney.
(3) If there is restitution, agree in writing to a restitution amount to be paid within a specified period of time, or for restitution to remain open for future changes due to the nature of the injury or loss pursuant to the agreement.
(4) If the investigating law enforcement agency incurred extraordinary investigative expenses, agree in writing to a specific restitution agreement to be paid within a specified period of time and in an amount to be determined by the district attorney.
(5) Agree in writing to the jurisdiction of the court beyond completion of any disposition of the case, end of sentence, or conclusion of the pretrial diversion program to enforce collection of restitution, cost of court, fines, fees, or other agreed upon or court-ordered monies, pursuant to Section 12-17-225.
(6) Agree to execute any agreement, covenant, note, or contract to pay any agreed upon sums of restitution, cost of courts, fines, fees, or other agreed upon or court-ordered monies, pursuant to Section 12-17-225.
(7) Submission, to a court of competent jurisdiction, of a written plea of guilty to the offense or offenses charged, agreed upon included offenses, or mitigated disposition, together with an agreement as to whether the case is to be dismissed or nolle prossed upon successful completion of the program, and an agreement as to the recommended sentence should one be imposed by the court. The agreement shall, as practicable as possible, set forth all fees, fines, cost, restitution, or any other conditions or expectations upon the offender or the state.
(b)(1) Upon acceptance of an offender into the program by the district attorney, the district attorney shall submit the written application of the offender, together with a statement of fact of the offense, and the agreement of the offender and the district attorney, to a court of competent jurisdiction presiding over the affected case for approval.
(2) The determination as to which judge within a judicial circuit or county will preside over the case shall be made according to the local approved method of criminal case assignment that is practiced in all other criminal case assignments within that jurisdiction. However, the district attorney and the presiding circuit judge may enter into an agreement as to an alternative method of case assignment for pretrial diversion cases to a judge pursuant to this division in order to serve judicial economy.
(c) If the offender is terminated from the program for a violation of agreed upon conditions, the administration fees shall not be refundable. However, if at the time the agreement is initially presented to the court, the court rejects the agreement and disposition of the charges involved, any monies paid by the offender in satisfaction of the administration fee shall be refunded to the offender. The offender shall remain liable for any agency or service provider in furtherance of the application and evaluation process, and the same shall be deducted from any money refunded to the offender. Any deducted money shall be paid solely to the office of the district attorney for payment of the expenses.
(d) Upon approval of the agreement and acceptance of the guilty plea, the court shall expressly place the case or cases in an administrative docket until such time that the court is notified that the offender has fulfilled the terms of the pretrial diversion agreement, upon motion of the district attorney that the offender has been terminated from the program by the court, or otherwise withdraws from the program. Imposition of punishment or sentence by the court shall be deferred until the offender has successfully completed the program or is terminated from the program, by the court or upon motion of the district attorney.
(e) In the event the offender is terminated from the program, the court shall impose appropriate punishment or sentence in the same manner as with any guilty plea, finding of guilt, or admission and shall not be bound by the terms of the agreement as to what punishment or sentence to impose.
(f) Upon successful completion of the program by the offender, the district attorney shall notify the court in writing of that fact, together with a request that the court enter an order of dismissal of the case pursuant to the agreement or any other disposition that was agreed upon by the district attorney and the offender and approved by the court.
(g) Pretrial diversion program records or records related to pretrial diversion program admission, with the exception of the statement of the applicant concerning his or her involvement in the crimes charged or other crimes, shall not be admissible in subsequent proceedings, criminal or civil, unless a court of competent jurisdiction determines there is a compelling public interest in disclosing the records. Communications between pretrial diversion program counselors and offenders shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest in disclosing the communication.
(h) The district attorney and the presiding judge may establish a Restorative Justice Initiative within the judicial circuit for any case in the circuit or district court. The guidelines, rules, and mechanisms for such an initiative shall be promulgated by the Alabama Office of Prosecution Services and the Administrative Office of Courts.
(i) After any violation of any pretrial diversion program terms or conditions or upon any breach of any program agreement by the offender, the district attorney shall notify the court, and the district attorney may do any of the following:
(1) Terminate the offender from the pretrial diversion program.
(2) Require the adoption of a new agreement as a condition of continued participation.
(3) Continue with the agreement with or without modification.
(Act 2013-361, p. 1290, §7.)
An offender shall make application to a pretrial diversion program established under this division at a time to be determined by the district attorney, but in the case of a felony, may not be more than 90 days after arraignment.
(Act 2013-361, p. 1290, §8.)
(a) An offender may be assessed an administration fee when he or she is approved for a pretrial diversion program established under this division. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim’s compensation fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatments required by law, restitution, or costs of supervision or treatment. A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The administration fees shall not exceed the amount assessed for a first offense pursuant to Section 13A-12-281(a) for each case for which the offender makes application for acceptance into the pretrial diversion program.
(c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay pretrial diversion program fees. Fees established by this division may be waived or reduced for just cause, including indigency of the applicant.
(2) If an offender, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the defendant or the party responsible for paying any fees or costs proves to the reasonable satisfaction of the judge presiding or sentencing judge that the defendant or party is not capable of paying the same within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender’s indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.
(d) Administration fees required by this division shall be collected by the district attorney’s office or, if by agreement of the district attorney and the circuit clerk, the circuit clerk in the county of the judicial circuit in which the offense was filed may collect the fee. All pretrial diversion program fees under this division shall be deposited in a timely manner by the district attorney into the District Attorney’s Solicitor Fund pursuant to Section 12-17-226.11. The district attorney shall make the deposits in a timely manner, pursuant to commonly accepted accounting practices. The District Attorney’s Solicitor Fund shall be subject to regular audits by the Department of Examiners of Public Accounts.
(e)(1) Notwithstanding Section 12-17-226.11, twenty-five dollars ($25) of the administration fee shall be allocated to the appropriate circuit or district court clerk and shall be available for use at the discretion of the clerk to support the office of the clerk in the same way and manner as monies received from or through the District Attorney’s Restitution Recovery Unit.
(2) Notwithstanding Section 12-17-226.11, in pretrial diversion cases arising out of circuit or district court, five dollars ($5) of the administration fee shall be allocated to the Victims of Crime and Leniency and shall be available for use at the discretion of the program to support its services.
(f) The fees allocated to the circuit clerk shall be disbursed to the Restitution Recovery Fund of the Clerk as established pursuant to Section 12-17-225.4(2). Funds deposited into the Restitution Recovery Fund shall be kept and maintained by the clerk to be available for use, at the discretion of the clerk, to support the functions of the office of the clerk and shall be in addition to the amount allocated to the Unified Judicial System for the clerks. Funds retained by the clerk shall not reduce the amount payable to the clerk under any local act or reduce or affect the amounts of funding allocated by the Administrative Office of Courts to the budgets of the clerks.
(g) Fees allocated or funds retained by the district attorney and deposited into the District Attorney’s Solicitor Fund shall be kept and maintained by the district attorney to be available for use, at the discretion of the district attorney, as prescribed by this division or for any other legitimate law enforcement purposes or to support the functions of the office of the district attorney. The funds shall be in addition to the amount allocated to the district attorney pursuant to this division or any other act, grant, fee, assessment, fine, restitution, other monies, or alternative funding retained by the district attorney, and shall not reduce the amount payable to the district attorney of funding allocated by the State of Alabama to the budget of the district attorney.
(Act 2013-361, p. 1290, §9.)
The district attorney and the offender may enter into an agreement, as a part of a pretrial diversion program established under this division, that the offender be admitted to a certified drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. The district attorney may require the offender to submit to periodic or random drug testing or other terms and conditions related to substance abuse. The offender shall pay the costs of all services unless otherwise approved by the district attorney.
(Act 2013-361, p. 1290, §10.)
(a) In any case in which an offender is admitted into a pretrial diversion program established under this division, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, as practicable as possible, the costs of the program to the offender, and the period of time after which the district attorney must dispose of the charges against the offender. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge or charges and receives a specific sentence, an agreement concerning when the plea of guilt will occur, to what charges to which the offender will plead guilty, and any sentence to be imposed shall be approved by and submitted to an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior to admission of the offender in the pretrial diversion program.
(b) As a condition of being admitted to the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions:
(1) Pay restitution.
(2) Participate in an education setting to include, but not limited to, K-12, college, job training school, trade school, GED classes, adult basic education courses, or any other workforce development program approved by the district attorney.
(3) If appropriate, attempt to learn to read and write.
(4) Financially support his or her children or pay child support.
(5) Refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used.
(6) Refrain from contact with certain persons or premises.
(7) Maintain or seek employment.
(8) Attend individual, group, or family counseling.
(9) Pay court costs, fees, and fines.
(10) Be required to conduct himself or herself in an honorable manner as a good member of the community, and not endanger in any way the person, property rights, dignity, or morals of others or himself or herself.
(11) Be required to comply with all municipal, county, state, and federal law, ordinances, or orders.
(12) Be required to be absolutely truthful in any oral or written application or reports to the pretrial diversion program.
(13) Be required to pay supervision fees to the agency or entity responsible for monitoring and verifying the offender’s compliance with the terms of the pretrial diversion program set forth by the district attorney. These fees shall be paid by the offender or the district attorney to the supervising agency or entity in a timely manner, pursuant to the agreement.
(14) Observe curfews, home detention, electronic monitoring, or travel constraints as set out in the offender’s agreement.
(15) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support withheld, accounts or assets forfeited, or wages or salary of the offender garnished.
(16) Complete approved community service.
(17) Agree to the terms and conditions of the pretrial diversion program established by the district attorney.
(18) Provide a statement admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program.
(19) Refrain from the possession of or use of any firearm.
(20) Pay the application fee pursuant to this division.
(21) Participate in and complete a certified drug court program, approved by the Administrative Office of Courts.
(22) Complete a certified drug or alcohol addiction evaluation and treatment program, which may also include services pursuant to Section 22-50-17.
(23) Complete a certified mental health evaluation and treatment program.
(24) Abide by all conditions imposed for treatment by the United States Department of Veterans’ Affairs and provide certified proof of completion to the district attorney.
(25) Not to leave the State of Alabama without prior written consent of the district attorney or supervising agency or personnel and to execute a waiver of extradition from any other jurisdiction outside the State of Alabama, to exist only during the term of the pretrial diversion program.
(26) For, but not limited to, offenses involving a violation of any provision of Section 32-5A-191, be required to operate only a motor vehicle installed with an approved ignition interlock device for the duration of his or her time in the program.
(27) Agree to be subject to any other terms or conditions as required by the district attorney set out in the pretrial diversion agreement. The district attorney shall be given broad discretion in designing a program specifically for each offender and circumstances of the offender.
(c) Regardless of the ultimate disposition of the criminal charge, upon an offender’s completion of the program, the district attorney shall notify the court that the offender has completed his or her obligations under the program. At that time, the court shall order the offender to pay any and all remaining unpaid restitution, court costs, fines, fees, or other monies that the offender is statutorily obligated to pay that would have been assessed or owed upon a conviction or adjudication for the underlying criminal offense. These shall include, but are not limited to, supervision or driver’s license reinstatement fees or any statutory fees or assessments to the Alabama Department of Forensic Sciences.
(d) The offender shall further agree to the court’s jurisdiction beyond the term of pretrial diversion, incarceration, probation, parole, or end of sentence for the purposes of the collection of court-ordered or agreed upon fines, fees, court costs, and restitution pursuant to Section 12-17-225, et seq.
(Act 2013-361, p. 1290, §11.)
(a) All remaining administration fees shall be allocated to the district attorney’s office. At the discretion of the district attorney, all administration fees paid by the offender pursuant to this division may either be paid to the district attorney, to be placed in the District Attorney’s Solicitor Fund, or if the district attorney and the clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the District Attorney’s Solicitor Fund. In the event that the district attorney elects to have the administration fee paid to the circuit clerk for ultimate distribution to the Solicitor Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for processing.
(b) All fees paid to the district attorney pursuant to this division shall be paid into the District Attorney’s Solicitor Fund and shall be used to pay costs associated with the administration of the pretrial diversion program or for any other law enforcement purpose.
(c) Costs associated with program administration shall be paid from fees collected and include, but are not limited to, salaries, rent, vehicles, uniforms, telephones, postage, office supplies, public education, reports, equipment, training and travel services, service contracts, or professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and justice dictate.
(Act 2013-361, p. 1290, §12.)
(a)(1) If the offender violates the conditions of a pretrial diversion program established under this division, and the offender’s participation is terminated, as an alternative to the imposition of a prison sentence, an offender who has violated the terms and conditions of a pretrial diversion program may be placed under the supervision of an existing community corrections program, or other alternative diversionary program, provided that the supervision is consistent with public safety and the best interests of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district attorney to terminate the offender from the pretrial diversion program including the reason for the termination. If the offender is unavailable for notice or has absconded, the district attorney may provide notice of termination from the pretrial diversion program, or any portion thereof, by giving notice to the offender’s attorney of record or by regular mail to the most recent known address provided by the offender.
(b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program.
(Act 2013-361, p. 1290, §13.)
(a) Absent wantonness, negligence, or intentional misconduct, the district attorney or his or her staff shall have no liability, criminal or civil, for the conduct of any offender while participating in a pretrial diversion program established under this division or of any service provider or its agents that are contracted to or who have agreed to provide services to the pretrial diversion program.
(b) Absent wantonness, negligence, or intentional misconduct, the district attorney, or his or her staff or its officers or employees, shall have no liability, criminal or civil, for any injury or harm to the offender while the offender is a participant in any pretrial diversion program administered pursuant to this division. The district attorney may require written agreed upon waivers of liability as a prerequisite for admittance into the pretrial diversion program.
(c) Absent an agreement which includes the consent of the county commission, the sheriff, and the district attorney, neither the county nor the sheriff shall have any responsibility for a pretrial diversion program established under this division, including, but not limited to, the payment of any expenses which may be necessary to operate the program. Under no circumstances shall the county or the sheriff have any liability, criminal or civil, for any conduct by an offender or any injury or harm to the offender while he or she is a participant in any program authorized by this division.
(Act 2013-361, p. 1290, §14.)
A pretrial diversion program established under this division may apply for grants, may accept donations from individuals or corporations, and may receive funding or appropriations from city, county, or state agencies or departments to be used in the maintenance or expansion of the pretrial diversion program. Absent an express agreement between the county commission, sheriff, and district attorney, no county commission or any of its departments or agencies shall be required to participate in, or provide funding for, any pretrial diversion program established under this division.
(Act 2013-361, p. 1290, §15.)
If a district attorney establishes a pretrial diversion program under this division, the district attorney may form an advisory board within the county or judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial Diversion, for the purpose of assisting the district attorney in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final decision as to the admittance or denial of individuals into the pretrial diversion program, the fees, the guidelines of the program, and any resources the pretrial diversion program utilizes. The district attorney shall appoint all members of any advisory board and shall determine when or if it should meet. The board shall be inclusive and reflect the racial, gender, geographic, urban and rural, and economic diversity of the circuit. The advisory board shall serve without personal profit, but may be paid from the District Attorney’s Solicitor Fund for actual expenses incurred in connection with its duties.
(Act 2013-361, p. 1290, §16.)
(a) A district attorney, to the extent practicable, may enter into an agreement with a community correction entity, to utilize the services of existing community corrections programs established pursuant to Section 15-18-170, or faith based community programs, which are certified by the Alabama Department of Mental Health, to provide for the supervision of defendants participating in a pretrial diversion program established under this division. The district attorney may enter into an agreement with a drug court entity to utilize the services of existing certified drug court programs established pursuant to Section 12-23A-4, provided that the district attorney determines it would serve the best interest of justice and the community.
(b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11, if, upon enactment of this legislation, a pretrial diversion program, or an equivalent, has been established in the judicial circuit by local law, with regard only to a pretrial diversion program in a circuit court or district court, the district attorney may choose to adopt this division in its entirety or any portion or portions that the district attorney believes would best serve the interest of justice and the community.
(c) If, pursuant to subsection (b), a district attorney elects to opt into any provision or provisions of this division, he or she must file such an election with the Office of Prosecution Services.
(Act 2013-361, p. 1290, §17.)
(a) The Office of Prosecution Services shall develop and maintain a pretrial diversion offender database. Any existing or newly created pretrial diversion program, regardless of whether it was established by this division or created by local law, municipal ordinance, or other administrative action, or is an existing district attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry into any pretrial diversion program, the district attorney or municipal prosecutor shall submit information, including the name, date of birth, and identifying personal vital information of a participating offender. The district attorney or municipal prosecutor shall also submit the criminal statute or municipal ordinance violated, a brief description of any underlying qualifying offense, and a brief description of the agreed upon disposition of the offense. If the offender was prematurely terminated from the program, a brief description of the reasons for the termination shall be submitted for inclusion into the database.
(b) Information in the database concerning any applicant may be used by any district attorney in determining admittance into a pretrial diversion program or its equivalent. A district attorney may submit prior pretrial diversion dispositions from any jurisdiction contained within the database to the court for the purpose of assisting the court in its ruling with regard to sentencing, a ruling on youthful offender, or any first offender or first offender-type judicial determination. Nothing in this division shall prohibit any district attorney from entering pretrial diversion dispositions of offenders, pursuant to this section, that were previously disposed of in a pretrial diversion program or its equivalent, prior to this division. Unless otherwise provided for by law, information contained in the database shall only be accessible by court order, the district attorney, or other law enforcement agency. In no event shall a prosecuting agency be charged for accessing the information in the database.
(c) Any information submitted pursuant to this section whereby the offender has been adjudicated or convicted as a youthful offender shall be sealed pursuant to state law. This information may only be retrieved from the database or used upon an order of a court of competent jurisdiction.
(d) Within 30 days of entry of the applicant into a pretrial diversion program, seven dollars ($7) per applicant shall be paid by the district attorney or municipality if the applicant is from a municipality, to the Office of Prosecution Services for creation and maintenance of the offender database described in this section, regardless of whether the program was created pursuant to this division, a local act, a municipal ordinance, or an administrative action authorizing a pretrial diversion program, or any existing district attorney or municipal pretrial diversion program.
(Act 2013-361, p. 1290, §18.)
Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation, any fees or costs shall not be waived or remitted unless the defendant or party responsible for paying the fees proves to the reasonable satisfaction of the presiding or sentencing judge that the defendant or party is not capable of paying the fees or costs within the reasonably foreseeable future.
(Act 2013-361, p. 1290, §19.)
When used in this division, 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 account in the District Attorneys’ Plan, together with regular interest thereon.
(2) ACTUARIAL EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.
(3) ANNUITY. Payments for life derived from the accumulated contributions of a member. All annuities shall be payable in equal monthly installments.
(4) AVERAGE FINAL COMPENSATION. The average annual compensation of a district attorney with respect to which he or she had made contributions pursuant to Section 12-17-227.2 during the five years in his or her last 10 years of membership service for which the average is highest or during his or her entire period of membership service if less than five years.
(5) BENEFICIARY. Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this division.
(6) BOARD OF CONTROL. The board provided for in Section 36-27-23 to administer the retirement system.
(7) DISTRICT ATTORNEY. Except as otherwise provided in Section 12-17-227.11, any district attorney first elected or appointed to his or her position on or after November 8, 2016.
(8) EMPLOYER. The State of Alabama or any department, agency, or local governing body by which a district attorney is paid.
(9) FUND. The Judicial Retirement Fund provided for in Chapter 18 of this title.
(10) MEDICAL BOARD. The board of physicians provided for in Section 36-27-23.
(11) MEMBER. Any district attorney included in membership of the plan.
(12) MEMBERSHIP SERVICE. Service as a district attorney on account of which contributions are made.
(13) PENSION. Payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments.
(14) PLAN. The District Attorneys’ Plan provided for in Section 12-17-227.1.
(15) REGULAR INTEREST. Interest compounded annually at the rate determined by the Board of Control.
(16) RETIREMENT. Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this division.
(17) RETIREMENT ALLOWANCE. The sum of the annuity and the pension.
(18) RETIREMENT SYSTEM. The Employees’ Retirement System of Alabama as defined in Section 36-27-2.
(19) SUPERNUMERARY DISTRICT ATTORNEY. A supernumerary district attorney who has elected to come under the provisions and requirements of Division 2 of this article.
(Act 2015-498, §18.)
There is hereby created and established the District Attorneys’ Plan under the Judicial Retirement Fund.
(Act 2015-498, §18.)
(a) Every district attorney first elected or appointed to his or her position on or after November 8, 2016 shall come under this division by operation of law. Each district attorney shall contribute to the fund eight and one-half percent (8.5%) of his or her annual salary. The percentages shall be deducted by the employer from each district attorney’s salary and paid into the fund in the State Treasury and credited to the individual account of the district attorney from whose salary it was deducted.
(b) On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the annual salary of each member to be the employer’s contribution. The percentage rate of such contribution shall be fixed for each fiscal year on the basis of the liabilities as shown by the last annual actuarial valuation, and such percentage rate as established by such valuation shall take effect the following October 1 and continue in effect for the fiscal year. Such contribution shall be made by the Office of the District Attorney who employs the member.
(Act 2015-498, §20.)
(a) Any active and contributing member of the District Attorneys’ 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 membership service and accumulated contributions in the Employees’ Retirement System or the Teachers’ Retirement System to the District Attorneys’ Plan.
(b) Any active and contributing member desiring to transfer any membership service and accumulated contributions under subsection (a) shall notify the Board of Control of the Employees’ Retirement System of his or her election to transfer membership service and shall authorize the transfer of the amount of his or her accumulated contributions to his or her credit in the Employees’ Retirement System or Teachers’ Retirement System to his or her account in the District Attorneys’ Plan.
(c) The Board of Control transferring the membership service and contributions shall thereupon certify to the Board of Control of the Employees’ Retirement System and to the fund the amount of contributions and service creditable to the member at the time of separation from the transferring retirement system. The member shall be credited in the fund with the membership service and accumulated contributions so certified.
(d) Anything in this division to the contrary notwithstanding, in the application of the foregoing provisions of this section to a member whose membership service includes a period of service as a district attorney and a period of service in another employment classification, the benefit rates applicable to a district attorney shall apply to all membership service as a district attorney, and the benefit rates applicable to the member’s other employment classification shall apply to membership service in such other classification. In all other respects, the pension under this section shall be determined on the basis of the member’s employment classification at the time of his or her withdrawal from service.
(Act 2015-498, §21.)
AMENDED BY ACT 2026-404, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(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 retired; provided, that any such member shall have completed 10 or more years of membership service in the District Attorneys’ Plan.
(b) Any member who has attained age 62 and has previously withdrawn from service 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 retired; provided, that any such member shall have completed 10 or more years of membership service.
(c) Upon retirement from service, the member shall receive a service retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a pension, which when added to the member’s annuity shall be equal to three percent (3%) of the member’s average final compensation multiplied by the member’s number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation.
(Act 2015-498, §22.)
AMENDED BY ACT 2026-404, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(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 the date of filing of such application; provided that the medical board, after a medical examination of such member, shall certify that such individual is totally and permanently mentally or physically incapacitated from regular and substantial gainful employment and that such member should be retired.
(b) Upon retirement for disability, the member shall receive a service retirement allowance if he or she has attained age 62; otherwise, he or she shall receive a disability retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a pension, which when added to the member’s annuity shall be equal to three percent (3%) of the member’s average final compensation multiplied by the member’s number of years of membership service. Notwithstanding the foregoing, the disability retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation.
(c) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once every three-year period thereafter, the Board of Control may require any disability beneficiary who has not yet attained age 62 to undergo a medical examination, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon by a physician or physicians of or designated by the medical board. Should any disability beneficiary who has not yet attained age 62 refuse to submit to such medical examination, his or her retirement allowance may be discontinued until his or her withdrawal of such refusal, and should his or her refusal continue for one year, all his or her rights in and to his or her pension may be revoked by the Board of Control. Should the medical board report and certify to the Board of Control that a disability beneficiary has the capacity to engage in regular and substantial gainful employment, the Board of Control shall discontinue the beneficiary’s retirement allowance until the beneficiary is otherwise eligible for service retirement.
(Act 2015-498, §23.)
(a) Should a member cease to be a district attorney except by death or by retirement under the provisions of this division, 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 the payment, there shall be paid five-tenths of the interest accumulations standing to the credit of his or her individual account if he or she shall have not less than three but less than 16 years of membership service, six-tenths of the interest accumulations if he or she shall have not less than 16 but less than 21 years of membership service, seven-tenths of the interest accumulations if he or she shall have not less than 21 but less than 26 years of membership service, and eight-tenths of the interest accumulations if he or she shall have not less than 26 years of membership service.
(b) In case of the death of a member eligible for service retirement pursuant to Section 12-17-227.4, an allowance shall be paid to the surviving spouse, if designated as the sole beneficiary, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 2, as set forth in subsection (d), or to such other person who the member shall have designated, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 3, as set forth in subsection (d). Alternatively, if the surviving spouse or other designee desires, he or she may choose to receive, in lieu of the allowance provided under Option 2 or Option 3, the accumulated contributions of the member plus an amount equal to the accumulated contributions of the member not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section.
(c) Upon the death of a member on account of whom no survivor allowance is payable under subsection (b), the accumulated contributions of the member plus an amount equal to the accumulated contributions not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section shall be paid to his or her estate or to such person as he or she shall have nominated by written designation duly executed and filed with the Board of Control.
(d) Optional allowances. With the provision that the election of an option shall be effective on the effective date of retirement, any member may elect prior to retirement to receive, in lieu of his or her retirement allowance payable throughout life, the actuarial equivalent, at that time, of his or her retirement allowance in a reduced retirement allowance payable throughout life with the provisions that:
(1) OPTION 1. If he or she dies before he or she has received in annuity payments the present value of his or her annuity as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to such person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control;
(2) OPTION 2. Upon his or her death, his or her reduced retirement allowance shall be continued throughout the life of and paid to such person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement;
(3) OPTION 3. Upon his or her death, one half of his or her reduced allowance shall be continued throughout the life of and paid to such person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement; or
(4) OPTION 4. Some other benefit or benefits shall be paid either to the member or to such person or persons as he or she shall nominate; provided, that those other benefits, together with the reduced retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance and shall be approved by the Board of Control.
(e) Notwithstanding any other provisions of this section to the contrary, when a designated beneficiary for a member predeceases the member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4, the member may designate a replacement beneficiary for the deceased beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.
(f) Notwithstanding any provision of this section to the contrary, if a retired member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4 divorces his or her designated beneficiary, the member may designate a replacement beneficiary for the beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.
(Act 2015-498, p. 1781, §24; Act 2022-184, §1.)
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 member shall be irrevocable. Any member who so elects to cancel a survivor allowance shall designate such new beneficiary as he or she shall nominate to receive a pro rata payment for the number of days the member shall live during the month of his or her death. Any cancellation of a survivor allowance under the provisions of this section shall be irrevocable by the member and payment of the pro rata amount for the number of days the member lives during the month of his or her death shall be in lieu of any other benefits heretofore payable.
(Act 2015-498, §25.)
(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 sufficient sum or amount to pay the premium on such policy.
(b) The Secretary-Treasurer of the state Employees’ Retirement System, when authorized by a retired employee, is hereby authorized to withhold from the retirement pay of such employee a sufficient amount to pay the premium on such policy and remit the same to the insurance carrier.
(Act 2015-498, §26.)
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 Employees’ Retirement System may adopt rules and regulations as necessary to implement the plan.
(Act 2015-498, §27.)
All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.
(Act 2015-498, §28.)
(a) An individual serving as district attorney, supernumerary district attorney, or who has made an election to assume the office of supernumerary district attorney or is otherwise entitled to participate in the supernumerary district attorney program established under Division 2 of this article, subject to subsection (c), shall continue to serve or participate in the supernumerary district attorney program, which shall include the assumption of the office of the supernumerary district attorney after November 8, 2016, according to the terms and conditions of Division 2, notwithstanding the fact that the individual may be re-elected after November 8, 2016, to the office he or she is holding on November 8, 2016.
(b)(1) No individual may participate in both the supernumerary district attorney program and the Employees’ Retirement System based on the same service.
(2) An individual who independently qualifies for the supernumerary district attorney program and the Employees’ Retirement System based on separate years of service may participate in both programs.
(c) A district attorney who was elected prior to November 8, 2016, and who is serving in the capacity of district attorney on and after November 8, 2016, and had prior service credit in the Employees’ Retirement System, Teachers’ Retirement System, or Judicial Retirement Fund prior to being elected district attorney shall have 30 days from November 8, 2016, to elect to participate in the District Attorneys’ Plan established by this division. This election shall be irrevocable.
(d) An assistant or deputy district attorney who obtains service credit in that position as a Tier I plan member and is elected or appointed district attorney on or after November 8, 2016, may withdraw from service after completion of not less than 25 years of creditable service and may retire without a reduction in retirement allowance 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 retired.
(Act 2015-498, p. 1781, §29; Act 2025-401, §1.)
(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this plan in any attempt to defraud such plan shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00, or imprisonment not exceeding 12 months, or both such fine and imprisonment, at the discretion of the court.
(b) Should any charge or error in the records result in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the Board of Control shall correct such error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
(Act 2015-498, §31.)
The right of a person to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity or retirement allowance itself and any optional benefit or any other right accrued or accruing to any person under this division and the moneys in the fund are hereby exempt from any state or municipal tax and exempt from levy and sale, garnishment, attachment, or any other process whatsoever and shall be unassignable except as in this division specifically otherwise provide.
(Act 2015-498, §32.)
Official copies of records or documents maintained on microfilm, microfiche or other photo-reproductive material of archival quality by the Employees’ Retirement System shall be admissible as primary evidence in any legal, judicial, or administrative proceeding or action for the purpose of proving the truth of the contents of the photo-reproduced copies of such records or documents, regardless of any rule of evidence or law relating to the proof of such matters, provided the Secretary-Treasurer of the Employees’ Retirement System of Alabama certifies on such copies offered into evidence that the Employees’ Retirement System of Alabama is not in possession of the original and that the copy is a true and correct representation of the original.
(Act 2015-498, §33.)
No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the state shall apply to members of the plan established by this division, except as to provisions for coverage under the federal Social Security Act, as may be provided by state and federal laws.
(Act 2015-498, §34.)
The Board of Control 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 plan as may be necessary to ensure the plan’s compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
(Act 2015-498, §35.)
(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 obtaining, preparation, supplementing and dissemination of indexes to and digests of the decisions of the Supreme Court and the Court of Appeals of Alabama and other courts, statutes and other legal authorities relating to criminal matters;
(2) The preparation and distribution of model indictments, search warrants, interrogation advices and other common and appropriate documents employed in the administration of criminal justice at the trial level;
(3) The preparation and distribution of a basic prosecutor’s manual and other educational materials;
(4) The promotion of and assistance in the training of prosecuting attorneys;
(5) The provision of legal research assistance to prosecuting attorneys;
(6) The provision of such assistance to law enforcement agencies as may be lawful; and
(7) The provision of such other assistance to prosecuting attorneys which is necessary for the successful implementation of this article or which hereafter may be authorized by law.
(Acts 1975, No. 1037, p. 2079, §1.)
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 shall be eligible to participate in the State Employees’ Retirement System and shall be credited for retirement purposes by the Alabama State Retirement System for all time employed by the office prior to May 17, 1984, provided that the director and each employee shall pay to the secretary-treasurer within two years from May 17, 1984 the amount he would have been required to contribute to the Employees’ Retirement System for each year of prior service had he been a member, together with eight percent compounded interest. Past employees may obtain credit for past service in the same manner as present employees.
(Acts 1975, No. 1037, p. 2079, §2; Acts 1984, No. 84-325, p. 745, §1.)
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 constitution and bylaws of the association. The executive committee shall fix the salary of the executive director within the total sum of funds available from all sources, but limited to federal grants, dues, contributions, gifts, and the funds described in Section 12-17-233. The executive director shall, with the advice and consent of the executive committee, employ persons within the total sum of moneys available from all sources, but limited to federal grants, dues, contributions, gifts, and the funds described in Section 12-17-233, fix their conditions of employment and tenure in office and shall be responsible for the efficient discharge of their duties.
(Acts 1975, No. 1037, p. 2079, §3, Act 2001-443, p. 57, §1.)
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 administration of the Office of Prosecution Services. Such custodians shall be required to remit, on a monthly basis, 10 percent of the moneys collected for their respective district attorney or solicitor funds to the Office of Prosecution Services; provided, that nothing contained in this article shall prohibit such custodians from contributing over and above 10 percent of the moneys collected for their respective district attorney or solicitor funds. The Department of Examiners of Public Accounts shall audit all the expenditures and revenues of this agency annually. The Legislature may make appropriations to said office, and the office is authorized to receive and expend any such appropriations.
(Acts 1975, No. 1037, p. 2079, §4; Acts 1984, No. 84-325, p. 745, §1.)
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 to the Office of Prosecution Services objects of expenditures. Any such transfers to said office shall not revert to the General Fund and may be expended by the Office of Prosecution Services in accordance with applicable law. Any such transfers to the Office of Prosecution Services are limited to two and one half percent of district attorneys annual budget.
(Acts 1984, No. 84-325, p. 745, §2.)
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, the Chief Justice of the Supreme Court or any district attorney of any court of record in this state.
(Acts 1975, No. 1037, p. 2079, §5.)
(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 prosecutor shall have the following duties and responsibilities:
(1) To train prosecutors, law enforcement, and domestic violence shelters on the laws related to domestic violence.
(2) To be a liaison between the domestic violence shelters, prosecutors, and law enforcement.
(3) To advocate for victims of domestic violence.
(4) Any other duties as assigned by the Executive Director at the Office of Prosecution Services.
(Act 2015-493, §6.)
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, the issuance of warrants, certain juvenile justice functions, as provided by this title, and other powers provided by law; provided, that the clerk of the district court shall have responsibility for administration of said clerk’s office.
The personnel designated by the judge or judges and the clerk of the district court, as magistrates and referees in juvenile cases, shall be considered as officials of such administrative agency. Such officials shall be vested with judicial power reasonably incident to the accomplishment of the purposes and responsibilities of the administrative agency; provided, that the clerk of the district court shall have responsibility for administration of said clerk’s office.
(Acts 1975, No. 1205, p. 2384, §4-106.)
(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 class or position. In addition thereto, the Supreme Court may provide for the appointment of other magistrates by the Administrative Director of Courts, upon recommendation and nomination by the judge or judges and the clerk of the district court under whom such magistrates are to serve.
(c) The powers of a magistrate shall be limited to:
(1) Issuance of arrest warrants and, where such magistrate is licensed to practice law in Alabama or was serving as a full-time magistrate or warrant clerk on September 1, 1976, and who continued in such capacity as a merit system employee in the district court, search warrants;
(2) Granting of bail in minor misdemeanor prosecutions;
(3) Receiving of pleas of guilty in minor misdemeanors where a schedule of fines has been prescribed by rule; and
(4) Such other authority as may be granted by law.
(Acts 1975, No. 1205, p. 2384, §4-106; Acts 1977, No. 551, p. 740; Acts 1980, No. 80-765, p. 1594.)
The Supreme Court shall provide rules of administration for such administrative agency, including the bonding of all officials who will be handling money.
(Acts 1975, No. 1205, §4-106.)
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 the provisions of Amendment 328 to the Constitution of Alabama to continue to be a judge and whose judgeship is abolished by said Amendment 328 prior to the expiration of his term, then said judge may elect to automatically become a magistrate under this title for the duration of his unexpired term as a judge; provided, that such election shall be made in writing prior to January 1, 1977, and filed with the Secretary of State.
The salary of such magistrate, to be paid by the state, shall be equal to the salary such judge earned as such inferior court judge on September 1, 1975.
(Acts 1975, No. 1205, p. 2384, §4-106.)
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. 2384), now appearing as Section 12-17-253, and such former magistrates shall have served a total of 16 years as said magistrates, taking into consideration for purposes of computing said 16 years the time served by said former magistrates as judges of said inferior court or its predecessor inferior court and who have reached or passed the age of 65, they may elect to become a supernumerary magistrate.
(Acts 1988, No. 88-313, p. 475, §2.)
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 from April 28, 1988, by filing a written declaration to that effect with the Administrative Director of Courts at least 30 days prior to the time said former magistrate desires to become a supernumerary official. If the Administrative Director of Courts shall find that such applicant is qualified under any of the provisions of this article, a commission as supernumerary magistrate of the district court for the county in which he has served shall thereupon be issued to such applicant by the Secretary of State.
(Acts 1988, No. 88-313, p. 475, §2.)
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 Acts 1969, No.1050, p. 1965, or its successors, now appearing as Section 12-17-215, for the payment of which an appropriation shall be made from the State General Fund.
(Acts 1988, No. 88-313, p. 475, §3.)
A former magistrate electing to come under the provisions of this article shall notify the Administrative Director of Courts in writing of his intention to become a supernumerary magistrate. He must also pay to the State General Fund an amount equal to six percent of the salary earned each year in his capacity as magistrate or as a judge of an inferior court. Upon receipt of a former magistrate’s application for a supernumerary appointment, the Administrative Director of Courts shall notify said applicant within 60 days of the receipt of said application and of the amount of the contribution due to be paid to the State General Fund. Such supernumerary magistrates of the district courts in the various counties of the State of Alabama shall take the oath of office prescribed for magistrates and if a vacancy shall occur in the office of magistrate in the county in which said supernumerary magistrate holds a commission, the Chief Justice of the Supreme Court may immediately appoint such supernumerary magistrate to fill said vacancy and such supernumerary magistrate so appointed shall immediately assume and exercise all of the duties, powers and authority of such official in said county, without further compensation, until a permanent successor is appointed or is otherwise selected.
(Acts 1988, No. 88-313, p. 475, §4.)
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 his then salary for each year for which prior service credit is sought.
(Acts 1988, No. 88-313, p. 475, §5.)
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 hereinafter specified, for a period of up to 25 years. No spouse shall receive any benefits under this article unless such spouse was married to the deceased supernumerary magistrate at the time of his death and any benefits of a spouse under this article shall terminate in the event the spouse remarries.
(Acts 1988, No. 88-313, p. 475, §6.)
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 reporter shall be an officer of the court and within his circuit shall have power to administer oaths and shall hold office at the pleasure of the judge, who shall have power to remove said official reporter at any time. The court reporter shall not be related to the trial judge within the fourth degree of consanguinity or affinity, and any appointment of a court reporter so related to the trial judge within the prohibited degree shall be void. The provisions of this section shall not apply to circuits which consist of only one county and have three or more than three judges.
(Acts 1920, No. 124, p. 164; Code 1923, §6733; Code 1940, T. 13, §261.)
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 recommendation of presiding circuit judges.
(Acts 1975, No. 1205, p. 2384, §7-107.)
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 compensation of such special roving reporter shall be established by the Administrative Director of Courts. Special reporters may be employed by a circuit judge or district court judge, as the work of the court requires, subject to prior approval of the Administrative Director of Courts as to the need of such employment, length of employment, amount of compensation and use thereof. Transcript fees of special roving reporters and special reporters shall be paid at the rate set for court reporters, pursuant to Section 12-17-276. The Administrative Director of Courts shall promulgate regulations providing for use by judges of official court reporters or previously appointed special roving reporters and special reporters when these reporters are not otherwise officially engaged in order that special reporters only be appointed when official reporters and special roving reporters are not available.
(Acts 1975, No. 1205, p. 2384, §7-110.)
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.
(Acts 1919, No. 302, p. 268; Code 1923, §6740; Code 1940, T. 13, §268.)
(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 composing the circuit in an amount as shall be established by law.
(2) In circuits composed of more than one county, each county shall pay its pro rata part thereof, based on the assessed tax valuation of all property in the county for the preceding year.
(3) The payments shall be made in favor of the official court reporter for the respective amounts due by the several counties each month and shall be paid by the treasurer of each county out of the general fund.
(c) This section shall not be construed to repeal or amend any local law, special law, general law, or general law of local application providing extra allowances, compensation, or expenses, for any official court reporter paid from the funds of any county or counties.
(d)(1) Beginning on October 1, 2018, the state salary of an official court reporter not covered by the Merit System of the State of Alabama shall conform to the pay scale established by the State of Alabama Personnel Department Pay Plan for state employees.
(2) An official court reporter serving on October 1, 2018, shall receive a salary equivalent to step 8 of pay grade 77.
(3) An official court reporter employed after October 1, 2018, shall receive a salary equivalent to step 1 of pay grade 77.
(e) An official court reporter shall be entitled to any cost-of-living adjustments given to all state employees and shall also be entitled to any merit raises given to Unified Judicial System employees after March 1, 2018.
(f) In the event of a break in service of an official court reporter paid under the pay scale established by the State of Alabama Personnel Department Pay Plan for state employees, should the official court reporter return to service, the official court reporter shall return to service under the same grade and step in effect at the separation date of the official court reporter.
(Acts 1919, No. 302, p. 268; Code 1923, §6739; Acts 1927, No. 499, p. 599; Acts 1939, No. 70, p. 111; Code 1940, T. 13, §267; Acts 1943, No. 591, p. 596; Acts 1947, No. 392, p. 289; Acts 1951, No. 691, p. 1192; Acts 1953, No. 437, p. 544; Acts 1955, No. 431, p. 977; Acts 1957, No. 120, p. 171; Acts 1957, No. 294, p. 376; Acts 1959, No. 363, p. 951; Acts 1963, 2nd Ex. Sess., No. 75, p. 242; Acts 1963, No. 518, p. 1106; Acts 1969, No. 510, p. 978; Acts 1975, No. 1205, p. 2384, §7-110; Acts 1985, No. 85-654, p. 1023; Act 97-941, 1st Sp. Sess., p. 512, §1; Act 2018-148, §1.)
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 the oral testimony and proceedings, except argument of counsel, and note the order in which all documentary evidence is introduced, all objections of counsel, the rulings of the court thereon and exceptions taken or reserved thereto. When directed by the judge, he shall attend the investigations of the grand jury and there take such notes of the testimony as directed by the district attorney or foreman. The original stenographic notes of such court reporter in each case or proceeding officially reported shall be preserved by him and treated as a part of the records of the respective courts, and upon his retirement from office, shall be turned over to the clerks of such courts. In cases where the testimony is taken orally before the judge, the court reporter, whenever ordered by the judge, shall transcribe his stenographic notes of such oral testimony and file the same.
(Acts 1919, No. 302, p. 268; Code 1923, §6734; Code 1940, T. 13, §262.)
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.
(Acts 1975, No. 1205, p. 2384, §7-110.)
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, when collected, paid by the clerk of the court into the county treasury of the county in which the case is tried.
(Acts 1919, No. 302, p. 268; Code 1923, §6738; Code 1940, T. 13, §266.)
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 any circuit court of any one or more circuits of Alabama, the last 10 years of which must have been served as an official court reporter of any one or more circuits of Alabama, and who has become permanently and totally disabled, proof of such disability being made by certificate of three reputable physicians; or
(2) Who has a minimum of 15 years service as official circuit court reporter in any one or more circuits of Alabama and who is not less than 60 years of age; or
(3) Who has total service as an official circuit court reporter in any one or more circuit courts of Alabama of not less than 24 years, may elect to become a supernumerary circuit court reporter of the State of Alabama by filing a written declaration to that effect with the Chief Justice of the State of Alabama. If the Chief Justice of the State of Alabama shall find that any such declarant is qualified under either subdivision (1), (2) or (3) of this section, he shall notify the Secretary of State of such fact, who shall thereupon issue a commission as supernumerary circuit court reporter of the State of Alabama to such declarant.
(Acts 1961, No. 817, p. 1204, §1; Acts 1965, No. 570, p. 1055; Acts 1967, No. 759, p. 1614; Acts 1987, No. 87-777, p. 1525, §2.)
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 request of the circuit judge or presiding judge of the circuit wherein said supernumerary circuit court reporter resides, attend any regular, adjourned or special session of the circuit court thereof.
(Acts 1961, No. 817, p. 1204, §2.)
(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 of the official court reporter upon which the salary for a supernumerary court reporter was previously based, and then the salary paid to the supernumerary court reporter may not be reduced on account thereof.
(b) The salary payable to a supernumerary court reporter shall be paid out of the State Treasury as other salaries are paid, but a supernumerary court reporter designated to perform services as a court reporter in court shall be compensated, in lieu of the salary specified in subsection (a), in like manner and as official court reporters are paid, for the duration of his or her services in court.
(Acts 1961, No. 817, p. 1204, §3; Acts 1967, No. 753, p. 1607; Acts 1975, No. 1205, p. 2384, §7-110; Acts 1987, No. 87-777, p. 1525, §3; Act 2018-148, §1.)
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.
(Acts 1961, No. 817, p. 1204, §5.)
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 presiding circuit judges. Bailiffs, when authorized, shall be confidential employees employed by and serving at the pleasure of the judge in whose court they serve.
(Acts 1975, No. 1205, p. 2384, §7-107.)
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.
(Acts 1977, No. 20, p. 28; Acts 1978, No. 821, p. 1207, §4.)
(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 and the number of child support cases in the domestic relations division of the circuit court, including cases brought pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts approves the request, the presiding judge of the circuit court may appoint an attorney the judge believes to be qualified to fill the position, subject to the approval of the Administrative Director of Courts. The amount to be paid the referee and the manner of payment shall be determined by the Administrative Director of Courts.
(b) The presiding judge of the circuit court may direct that the referee hear child support cases in the domestic relations division of the circuit court brought pursuant to Title IV-D of the Social Security Act unless any of the following occurs:
(1) The referee has agreed to hear certain child support cases pursuant to an agreement or a contract.
(2) The hearing in a particular case is one to determine whether the case will be transferred for criminal prosecution.
(3) The hearing involves the termination of parental rights as defined in subdivision (17) of Section 12-15-301.
(4) A party objects to a hearing being held by a referee.
(c) Referees shall perform one or more of the following duties in child support cases in the domestic relations division of the circuit court brought pursuant to Title IV-D of the Social Security Act:
(1) Take testimony in hearings.
(2) Evaluate evidence and make findings of fact and recommendations to determine paternity and to establish and enforce child support orders.
(3) Accept voluntary acknowledgments of child support liability or paternity and stipulated agreements setting the amount of child support to be paid.
(4) Prepare a default order upon a showing that process has been served on the defendant and that the defendant failed to respond to service in accordance with the Alabama Rules of Civil Procedure.
(5) Order genetic tests in contested paternity cases without the necessity of obtaining an order from a judge.
(6) Enter orders relating to the administration of the docket of the circuit court to which the referee is assigned without the necessity of obtaining a signature of a judge.
(d) Before conducting a hearing in a child support case in the domestic relations division of the circuit court brought pursuant to Title IV-D of the Social Security Act, the referee shall inform all of the parties that the referee is not a judge and that the hearing may be conducted before a judge if any party objects to the hearing being held by the referee.
(e) The referee shall make written findings and recommendations as follows:
(1) After conducting a hearing in a child support case in the domestic relations division of the circuit court brought pursuant to Title IV-D of the Social Security Act, if the referee has made a decision at the conclusion of the hearing, the referee shall immediately reduce his or her findings and recommendations to writing and then transmit those written findings and recommendations to the clerk of the circuit court for filing and to the circuit court judge presiding over the case for his or her signature pursuant to subsection (g). If the parties are present at the hearing, copies of the written findings and recommendations shall be given to the parties in open court. The written findings and recommendations shall contain a notice that any party has a right to request a rehearing within 14 days of the date those findings and recommendations were filed in the office of the circuit clerk.
(2) If the referee has not made a decision on the matter at the conclusion of the hearing or if the parties are not present in open court, the referee, within three business days of making his or her decision, shall transmit his or her written findings and recommendations to the circuit clerk for filing and to the circuit court judge presiding over the case for his or her signature pursuant to subsection (g). Once the clerk files the written findings and recommendations, the clerk shall send to the parties, by first class mail, copies of the findings and recommendations containing a notice informing them that they have the right to request a rehearing within 14 days of the date the findings and recommendations were filed in the office of the circuit clerk.
(3) Notice to a party represented by counsel shall be given to counsel rather than the party and the notice shall be sufficient as notice to the party unless the circuit court orders otherwise.
(f) A rehearing before a circuit court judge concerning the matter heard by the referee shall be scheduled if any party files a written request therefor within the time frames provided in subsection (e). Once a rehearing is scheduled, the parties shall be notified of the date, time, and the place of the rehearing. Notice to a party represented by counsel shall be given to counsel, and this notice shall be sufficient unless the circuit court orders otherwise. When an adequate record has been made in the proceeding before the referee, the judge shall review the record before rehearing and may admit new evidence at the rehearing. If the record is not adequate, the rehearing shall be de novo.
(g) The findings and recommendations of the referee shall become the order of the circuit court when ratified by the original signature of the circuit court judge presiding over the case.
(h) If a matter before a referee requires immediate action, the referee shall state in his or her written findings and recommendations why the recommendations should be effective immediately. These matters for immediate action may include, but are not limited to, matters of contempt, the physical safety of the child, or the safety of others, or when the personal liberty of the child may be infringed. In such event, the written recommendations of the referee shall be effective and binding, upon the consent of the parties, for a period not exceeding 72 hours. In the event the parties do not consent to immediate action, the recommendations shall be reviewed immediately by a circuit court judge, who may order an appropriate temporary order based on the findings and recommendations, which order will be effective for a period not exceeding 72 hours. In any event, the findings and recommendations of the referee and any temporary orders in a matter needing immediate attention shall be reviewed by the circuit court judge presiding over the case within 72 hours after being made. Upon such review, the judge shall rescind, modify, or continue the order in effect and conduct further proceedings as may be permitted under subsection (f).
(Acts 1975, No. 1205, p. 2384, §7-108; Act 2019-163, §1)
(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 the provisions of the State Merit System and all other benefits applicable to state employees; provided, that they shall have the retirement benefit options described in subdivision (b) (2) of Section 12-17-4.
(b) Additional confidential secretaries. In circumstances other than those provided in subsection (a) of this section, each circuit and district court judge may employ a confidential secretary without regard to civil service qualifications or regulations, to serve at the pleasure of the judge. However, before the appointment thereof, the Administrative Director of Courts shall certify to the state Comptroller and presiding circuit judge of the respective circuit that such a secretary is needed. The compensation of confidential secretaries shall be fixed by the Administrative Director of Courts.
(Acts 1975, No. 1205, p. 2384, §7-107.)
(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 the circuit clerk, shall be entitled to all rights, privileges and benefits of merit system employees and shall be paid from the same fund as merit system employees, without regard to merit system qualifications or regulations, at the highest rate of pay that an employee of the circuit clerk in his circuit is entitled to receive.
(b) Additional confidential secretaries. Each circuit clerk may employ a confidential secretary subject to the merit system for pay purposes only, to serve at the pleasure of the circuit clerk. However, before the appointment of such a secretary, not serving on June 1, 1975, the Administrative Director of Courts shall certify to the state Comptroller and presiding circuit judge of the respective circuit that such a secretary is needed; provided, that the job positions so authorized shall not become effective until the necessary appropriations have been provided.
(Acts 1975, No. 1205, p. 2384, §7-107.)
(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, judges of the Court of Criminal Appeals, judges and supernumerary judges of the circuit courts of the state, district judges and probate judges and from a yearly sum to be paid into such fund from the General Fund in the State Treasury in such amount as shall be sufficient to carry out the provisions of this chapter.
(Acts 1973, No. 1163, p. 1948, §1.)
(a) The Judicial Retirement Fund shall be administered by the Secretary-Treasurer of the State Employees’ Retirement System under the supervision of the Board of Control of the said State Employees’ Retirement System, and said board of control shall be the trustee of such fund and shall handle such fund in the same manner and pursuant to the same rules and regulations that it handles funds in the State Employees’ Retirement System.
(b) The state Comptroller shall issue warrants for the disbursement of such fund in the same manner that he issues warrants for the disbursement of funds of the State Employees’ Retirement System.
(c) Any justice or judge or spouse and/or child of a justice or a judge who is aggrieved by any decision of the Board of Control shall have the right to appeal to the Supreme Court of Alabama, where the Supreme Court shall hear said appeal de novo.
(Acts 1973, No. 1163, p. 1948, §2.)
The Legislature from time to time shall appropriate sufficient moneys out of the General Fund of the State Treasury to sufficiently provide for the provisions of this chapter. The amount paid from the General Fund into the Judicial Retirement Fund annually shall not be less than the yearly contributions paid by all members.
Should the Legislature fail to appropriate moneys or sufficient moneys for the Judicial Retirement Fund, then the contributions from the state out of the General Fund to be paid into the Judicial Retirement Fund shall be paid out of moneys appropriated to the account designated for salaries of supernumerary justices and judges; provided, however, that such payments shall not adversely affect the amounts paid to any supernumerary justice or judge.
(Acts 1973, No. 1163, p. 1948, §11.)
Every justice of the Supreme Court, judge of one of the courts of appeals or judge of a circuit court of the state who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension as hereinafter provided. Such retirement shall be on order of the Board of Control of the Judicial Retirement Fund and upon the request of the member to be retired or on an order signed by a majority of the members of the Supreme Court.
(Acts 1973, No. 1163, p. 1948, §4.)
(a) Every justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit court of the state holding office on September 18, 1973, shall have the right of election to come under this article. Each justice or judge holding office on September 18, 1973, shall have the right, within three years from September 18, 1973, to file with the clerk of the Supreme Court of Alabama, an instrument in writing electing to come under this article. Each justice or judge of such courts elected or appointed to office after September 18, 1973, shall come under this article as a matter of law. After September 18, 1973, each justice and each judge who has elected to come under this article as provided by this section or who comes under this article by operation of law shall contribute to the Judicial Retirement Fund four and one-half percent of his earnable compensation; provided, that after February 1, 1977, the rate of contribution to be paid by the justices and judges shall be six percent of their salary derived from the State of Alabama, but the increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the justices and judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the justices and judges shall be eight and one-half percent (8.5%) of their salary. The percentages shall be deducted by the state Comptroller from each justice’s or judge’s salary and paid into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the justice or judge from whose salary it was deducted.
(b) Members of the retirement fund who heretofore, during a term for which they had been appointed or elected to a judicial office covered by this article for which prior service credit toward retirement under this article is given, entered the military services of the United States, and judicial officers covered by this article hereafter entering the Armed Forces of the United States who return to service as a justice or judge shall be given full credit for the time of such military service; provided, that a contribution shall be made into the Judicial Retirement Fund in an amount equal to that which would have been contributed had the member remained and served in the judicial office to which he had been duly elected or appointed. Request for the service credit must be made within 90 days after returning to service as the justice or judge or the service credit shall be forfeited forever. When requests for the service credit have been approved by the Board of Control of the Judicial Retirement Fund and the Chief Justice of the Supreme Court, contributions as required shall commence within 60 days and be made in equal payments within the following 12 months. Military service credit granted to a justice or a judge shall include credit for service during World War II, but, in computing any service with the armed forces for credit after World War II, service credit granted shall be limited to service for a period not to exceed five years, provided that the justice or judge was on official leave of absence from his or her judicial position and further provided that the length of service so granted shall not exceed the term of office for which the justice or judge had been appointed or elected prior to his or her entering military service.
(c) The Supreme Court of Alabama may provide that the state shall pick up member contributions to the Judicial Retirement Fund, as required by this section and Section 12-18-52, on behalf of all appellate justices or judges, circuit, and district judges who participate in the Judicial Retirement Fund and that the counties shall pick up member contributions to the Judicial Retirement Fund, as required by Section 12-18-81, on behalf of all probate judges who participate in the Judicial Retirement Fund, by a corresponding reduction in the salary of the member, the picking up to be mandatory for all the judges, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. These contributions shall be paid from the same source of funds which is used in paying earnings to the member. If member contributions are so picked up they shall be treated for all other purposes of state law in the same manner and to the same extent as member contributions made prior to the date picked up.
(Acts 1973, No. 1163, p. 1948, §3; Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §4; Acts 1982, No. 82-417, p. 628, §2; Acts 1993, No. 93-767, p. 1533, §2; Act 2011-676, p. 1805, §1.)
(a) The Chief Justice or any associate justice of the Supreme Court, any judge of the Court of Civil Appeals or any judge of the Court of Criminal Appeals serving on September 18, 1973, who elects to become a member of the retirement system hereby established, and any such justice or judge assuming such office after September 18, 1973, may elect to be retired pursuant to this article if he:
(1) Has served as much as five years as a justice of the Supreme Court or as a judge of one of the courts of appeals or as a judge of the circuit court or any two or more of them consecutively and has become permanently physically or mentally unable to carry out his duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians;
(2) Has served for 12 years as a justice of the Supreme Court or as a judge of one of the courts of appeals or one of the circuit courts or any two or more of them and has reached or passed the age of 65 years;
(3) Has served for 15 years as a justice of the Supreme Court or as a judge of one of the courts of appeals or one of the circuit courts or any two or more of them and has attained age 62 less one year for each year of service in excess of 15;
(4) Has served for 10 years as justice of the Supreme Court or as a judge of one of the courts of appeals or one of the circuit courts or any two or more of them and is not less than 70 years of age; or
(5) Has served for not less than 18 years or three full terms or a time equal to three full terms as a justice of the Supreme Court or as a judge of one of the courts of appeals or one of the circuit courts.
(b) Any judge of a circuit court who was serving on September 18, 1973, who elects to become a member of the retirement fund hereby established and any circuit judge assuming such office after September 18, 1973, may elect to be retired pursuant to this article if he:
(1) Has served as much as five years as a circuit judge and has become permanently physically or mentally unable to carry out his duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians;
(2) Has served for 12 years as a circuit judge and has reached or passed the age of 65 years;
(3) Has served for 15 years as circuit judge and is not less than 62 years of age or has served as such for more than 15 years and has attained age 62 less one year for each year of service in excess of 15;
(4) Has served continuously for 10 years as circuit judge and is not less than 70 years of age; or
(5) Has served for not less than 18 years or three full terms or a time equal to three full terms as a circuit judge.
(Acts 1973, No. 1163, p. 1948, §5; Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §4.)
(a) Any justice of the Supreme Court or any judge of one of the courts of appeals or of a circuit court of the state who desires to be retired pursuant to this article shall file a written declaration relative to his intention to elect such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.
(b) The retiring justice or judge, upon being retired, shall take the oath of office as a retired justice or judge and thereupon become an extra or additional judge of the state. Thereafter, on the request of the Chief Justice, the presiding judge of one of the courts of appeals or the Governor, any such retired justice or judge may serve on the Supreme Court, on either of the courts of appeals or on any circuit court in the state. Such retired justice or judge, when serving on a court in the absence or disqualification of the regular justice or judge, as the case may be, shall have and exercise all the duties and functions of the regular justice or judge for whom he is substituting. When serving on a court for reasons other than the absence or disqualification of the regular justice or judge, the duties of a retired justice or judge shall be as prescribed by the Chief Justice when serving on the Supreme Court or by the presiding judge when serving on a court of appeals or by the presiding judge, when serving in a circuit court; provided, that nothing contained in this provision shall prevent the Chief Justice from assigning a justice or a judge to special temporary duty in other courts. A recital in the minutes of the court that a regular justice or judge is absent or disqualified and that a retired justice or judge is sitting in his place at the request of the Chief Justice, the presiding judge of one of the courts of appeals or the Governor shall be conclusive evidence of his authority to act.
(c) The Chief Justice or any associate justice of the Supreme Court or any judge of a court of appeals or a circuit court who becomes 70 years of age during the term for which he has been elected and is serving, who is qualified to be retired pursuant to this article and who does not at or before the expiration of his term file his written declaration stating that he intends to retire at the end of the term he is then serving shall be deemed to have waived and forfeited his right to receive any retirement benefits under this article. He shall, however, be entitled to a refund of his contributions to the retirement fund.
(Acts 1973, No. 1163, p. 1948, §6.)
(a) Any justice or judge holding office as a member of the Supreme Court, a court of appeals or of a circuit court on September 18, 1973, who has paid contributions into the Employees’ Retirement System of Alabama, shall be entitled to have such contributions transferred from the Employees’ Retirement System of Alabama into the Judicial Retirement Fund and to receive credit for the time of service he had acquired under the Employees’ Retirement System of Alabama as time of service in the judicial position which he holds on September 18, 1973, regardless of whether or not such time of service was continuous, provided such time of service acquired under the Employees’ Retirement System of Alabama was in a legal or judicial position, and further provided such justice or judge requests such transfer within three years from September 18, 1973. Upon request of such justice or judge, the Secretary-Treasurer of the Employees’ Retirement System of Alabama shall transfer such contributions and accrued interest thereon into the Judicial Retirement Fund and shall certify to the Judicial Retirement Fund and to such justice or judge the time of service that such justice or judge has accumulated in the Employees’ Retirement System of Alabama, which said time of service shall count toward any judicial retirement benefit. Any justice or judge of the Supreme Court, a court of appeals or of a circuit court holding office on September 18, 1973, who has had time of service in a legal or judicial position in which he could have become a member of the Employees’ Retirement System of Alabama, if he had elected to do so but did not so elect, or who has time of service in the Employees’ Retirement System of Alabama in a legal or judicial position, but has since withdrawn the contributions to such system or who has time of service in the Legislature of Alabama, provided that credit may be claimed for a maximum of two and one-half years’ service in the Legislature, shall be entitled to have such time of service, regardless of whether or not such time of service was continuous, treated as time of service in the judicial position he holds on September 18, 1973; provided, that such justice or judge shall pay into the Judicial Retirement Fund of Alabama a sum equal to four and one-half percent of his then annual salary for each year of such service that he elects to count toward judicial retirement; provided further, that such election and payment shall be made to the Secretary-Treasurer of the Employees’ Retirement System of Alabama within three years from September 18, 1973. Should the records of the Employees’ Retirement System of Alabama fail to reflect the position held thereunder, affidavits from disinterested persons that such position was a legal or judicial position shall suffice as proof thereof.
(b) Should the service of a justice or a judge of the Supreme Court, a court of appeals or a circuit court be terminated prior to the time he is entitled to receive retirement benefits under this article, then such justice or judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have refunded to him his contributions to the Judicial Retirement Fund plus accrued interest thereon; provided, that should such a justice or judge not elect to withdraw from the Judicial Retirement Fund he shall be entitled to receive a certificate from the Secretary-Treasurer of the Employees’ Retirement System of Alabama showing the time of service he has accumulated toward retirement. If he has sufficient time of service for any retirement benefit provided for in this article, upon reaching a retirement age or upon becoming permanently disabled as defined in this article or upon his death, such certificate may be filed as proof of time of service with the then Secretary-Treasurer of the Judicial Retirement Fund in lieu of the requirements of Section 12-18-7; provided, that such justice or judge shall indicate to the Chief Justice of the Supreme Court his desire as to inactive or active retired status.
(Acts 1973, No. 1163, p. 1948, §10.)
Any justice of the Supreme Court or judge of one of the courts of appeals or any circuit court judge holding office on or before June 1,1976, who has time of service as a full-time state prosecutor or assistant state prosecutor in any circuit of the state, or who had time of service as an attorney for the State Milk Control Board, shall be entitled to have such time of service, regardless of whether or not such time of service was continuous, treated as time of service in the judicial position he holds on or before June 1, 1976, with the Judicial Retirement System; provided, however, that such time of service does not exceed five years; provided also that such justice or judge shall pay into the Judicial Retirement Fund of Alabama a sum equal to six percent of his then annual salary for each year of such service that he elects to count toward judicial retirement; provided further that such election and payment shall be made to the Secretary-Treasurer of the Employees’ Retirement Systems of Alabama within one year from June 1, 1981. Should the records of the Employees’ Retirement Systems of Alabama fail to reflect the position held thereunder and for which credit is sought under the provisions of this section, affidavit from one disinterested person that such position was that of a full-time prosecutor or assistant prosecutor of any circuit in this state, or as an attorney for the State Milk Control Board, shall suffice as proof thereof.
(Acts 1982, No. 82-428, p. 676.)
(a) Any circuit judge who is an active and contributing member of the Judicial Retirement Fund of Alabama and has been such a member since February 1, 1977, and who has had full-time service as an administrative assistant and/or an executive assistant in the executive department of the state, or who had former service as a full-time assistant district attorney, a deputy district attorney or an assistant attorney general regardless of whether or not such time of service was continuous, may hereby claim and purchase credit in the judicial retirement fund for up to three years of such time of service.
(b) Any circuit judge eligible to claim and purchase credit for such service under subsection (a) shall be awarded such credit provided that such judge shall pay into the Judicial Retirement Fund of Alabama a sum of money which is equal to both the judge’s and the state’s annual contribution into the fund at the time of election to purchase aforesaid credit multiplied by each year or fraction thereof of such service credit claimed; provided further that such election and payment shall be made to the Secretary-Treasurer of the Employees’ Retirement Systems of Alabama, administrator of the Judicial Retirement Fund, within one year from September 20, 1991, and prior to said judge’s date of retirement.
(c) The provisions of this section to reopen the Judicial Retirement Fund for such service credit shall terminate one year from September 20, 1991, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to such date.
(Acts 1991, 1st Ex. Sess., No. 91-795, p. 190, §1.)
Notwithstanding any other provisions in this chapter, any judge who is currently a member of the Judicial Retirement Fund or who becomes a member of the Judicial Retirement Fund at a future date, who had previously withdrawn his or her funds from the Judicial Retirement Fund or whose account had been terminated due to a five-year absence shall have restored to him or her all creditable service if the judge completes two years of contributing membership service after he or she again becomes a member of the retirement fund and subsequently repays to the Secretary-Treasurer of the Judicial Retirement Fund the amount previously returned to him or her including compounded interest of eight percent to the date of repayment, prior to the date of retirement of the member.
Notwithstanding the foregoing provisions, any member who elects to purchase credit for withdrawn service shall be eligible to purchase the credit only to the extent that the member does not have credit established with any other public retirement system for the period of service. Should any member have established part credit with another public retirement system for any period of withdrawn service, then the member shall only be eligible to purchase that portion of the withdrawn service for which the member does not otherwise have credit. In determining credit with other public retirement systems, coverage under the federal Social Security program shall not be considered. The provisions of this section that allow creditable service to be restored for previously withdrawn service shall terminate February 1, 1998, and no one shall be eligible to utilize any of the options granted herein if not fully exercised and paid prior to February 1, 1998.
(Acts 1997, No. 97-670, p. 1293, §1.)
Whenever a justice of the Supreme Court or judge of one of the courts of appeals or judge of a circuit court of the state retires pursuant to this article the office then held by him shall become vacant, and the vacancy shall be filled as provided by Constitutional Amendment No. 328 or other applicable provisions of the Constitution.
(Acts 1973, No. 1163, p. 1948, §8.)
(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 (5) shall be 75 percent of the salary prescribed by law for the position from which he or she retires, payable monthly for the rest of his or her life. The benefit shall continue to be 75 percent of his or her salary prescribed by law for the position and shall change in amount as the salary is increased or decreased by law and may not be subject to writs of attachment or garnishment.
(b) The retirement benefit payable to a judge of a circuit court retiring pursuant to Section 12-18-6(b)(2), (3), (4), or (5) shall be 75 percent of the salary prescribed by law of the salary payable from the State Treasury to circuit judges. The retirement benefits shall be payable monthly for the life of the beneficiary and shall continue to be 75 percent of the salary then prescribed by law for the respective position and shall change in amount as the salary is increased or decreased by law and may not be subject to writs of attachment or garnishment.
(c) After the death of any justice or judge who held office for a minimum of five years, his or her spouse shall receive a yearly benefit equivalent to three percent of the salary payable from the State Treasury prescribed by law for his or her former position as either a justice or judge, for each year of service, not to exceed 30 percent of the salary, payable monthly for the remainder of the spouse’s life or until his or her remarriage, and the benefit shall change in amount as the salary is increased or decreased by law.
(d) Any justice or judge retiring pursuant to Section 12-18-6(a)(1) or (b)(1) who has served for 10 years shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the salary payable from the State Treasury for the position held at the time he or she retires. If the disabled justice or judge has served less than 10 years, he or she shall be entitled to receive a monthly disability benefit that is equal to 25 percent of the salary payable from the State Treasury for the position held at the time he or she retires plus 10 percent of the salary for each year of service in excess of five years; provided, however, that in no event shall a justice or judge receive less than 30 percent of the annual salary being paid to a full-time justice or judge from the State Treasury.
(e)(1) Any justice of the Supreme Court or judge of a court of appeals who has retired pursuant to this article or Article 7, on the request of the Chief Justice, the presiding judge of a court of appeals, or the Governor, may be called to interim active duty status, upon consent of the retired justice or judge. Any circuit judge who has retired pursuant to this article or Article 7, on the request of the presiding circuit judge of the applicable judicial circuit and with the approval of the Chief Justice, may be called to interim active duty status, upon consent of the retired judge. When serving with the Supreme Court or courts of appeals, he or she shall perform the duties as may be prescribed by the Chief Justice or the presiding judge of the court of appeals. When serving in a circuit court, he or she shall perform the duties as may be prescribed by the presiding judge in the circuit.
(2) A retired justice, judge of a court of appeals, or judge of a circuit court who is called to interim active duty status, in addition to his or her retirement benefits, shall receive additional compensation during the term of service in an amount of seven hundred eighty dollars ($780) per day, subject to state funding, including funds within the discretion of the presiding circuit judge of the judicial circuit. A judge may only be called to interim active duty status for a maximum of 50 days in a calendar year.
(3) A retired justice or judge who is called to active duty status pursuant to this section shall receive the same per diem expenses and mileage as state employees paid from funds appropriated to the Unified Judicial System. Additionally, he or she shall be assigned any court and court-supportive personnel necessary to perform his or her duties.
(4) A retired justice or judge who is called to active duty status pursuant to this section shall complete a minimum of six hours of approved continuing legal education annually.
(5) A retired justice or judge who is called to active duty status pursuant to this section shall not be a public official under Chapter 25 of Title 36 by virtue of his or her service under this section.
(f)(1) Whether a retired justice or judge is satisfactorily performing the assigned duties shall be determined by the following:
a. If the assignment is to the Supreme Court, by the Chief Justice, with the advice of the Supreme Court.
b. If the assignment is to a court of appeals, by the presiding judge of the applicable court of appeals, with the advice of the court over which he or she presides.
c. If the assignment is to the circuit court, by the Chief Justice and the presiding circuit judge of the applicable judicial circuit.
(2) Upon determination that the retired justice or judge is not satisfactorily performing the duties, the retired justice or judge shall immediately be removed from interim active duty status, and the additional interim active duty status compensation shall be stopped.
(g) Except as provided in subdivision (e)(1) or subsection (f), a retired justice or judge shall hold office as an additional or extra judge during good behavior and may be removed only for causes specified in the constitution. Any retired justices or judges may be transferred to inactive status, upon request for the transfer. Justices or judges who revert to inactive status shall be entitled to the same retirement benefits prescribed in subsections (a) and (b) for justices and judges who have retired.
(h) Nothing in this section shall limit the power and authority of the Chief Justice to transfer a retired justice or judge from inactive status to active status or from active status to inactive status as the public interest in his or her judgment requires.
(i) The Administrative Office of Courts shall adopt policies and procedures for nominations to the Chief Justice and duties assigned to interim active duty status justices and judges.
(Acts 1973, No. 1163, p. 1948, §7; Act 2023-333, §1; Act 2024-315, §1.)
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 judge shall be entitled to have all such service credited toward retirement status under this article, provided he does so within three years from September 18, 1973, by notifying the Supreme Court in writing of the service for which he is at that time entitled to credit toward obtaining supernumerary status and for which he desires credit toward retirement under the Judicial Retirement Fund provided by this article. Upon receipt of such notice the Supreme Court shall make a judicial determination of the amount of such credit to which such judge is entitled and shall notify the board of control of the State Employees’ Retirement System of this determination, and such service shall be credited to such judge’s retirement benefits and shall be counted as time of service as a circuit judge under this article.
(Acts 1973, No. 1163, p. 1948, §9.)
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 if the different or additional office is an appellate position, then the provisions applicable to a judge of the Court of Criminal Appeals or Court of Civil Appeals shall be applicable to such different or additional judicial office; and, if the different or additional judicial office is a trial position, then the provisions of this article applicable to a circuit judge shall be applicable to the different or additional judicial position.
(Acts 1973, No. 1163, p. 1948, §14.)
The provisions of this article are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith.
(Acts 1973, No. 1163, p. 1948, §13.)
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 ensure the Judicial Retirement Fund’s compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
(Act 98-385, p. 732, §10 (c).)
Any former justice of the Supreme Court or judge of any of the several circuit courts of this state who became a supernumerary justice or judge under the applicable laws of this state prior to September 18, 1973, may elect to come under the provisions of Article 1 of this chapter by filing with the Clerk of the Supreme Court of Alabama, within one year after October 1, 1976, an instrument in writing electing to come under the provisions of Article 1 of this chapter.
(Acts 1975, No. 1205, p. 2384, §6-111.)
A supernumerary justice of the Supreme Court who desires that his spouse receive after his death the benefits provided in subsection (c) of Section 12-18-10 must, at the time of the filing of the instrument showing his election to come under the provisions of Article 1 of this chapter, pay into the judicial retirement fund an amount of money equal to the largest sum heretofore paid into that fund by a now retired justice of the Supreme Court between September 18, 1973, and the date of his retirement.
(Acts 1975, No. 1205, p. 2384, §6-112.)
A supernumerary judge of a circuit court who desires that his spouse receive, after his death, the benefits provided in subsection (c) of Section 12-18-10 must, at the time of the filing of the instrument showing his election to come under the provisions of Article 1 of this chapter, pay into the judicial retirement fund an amount of money equal to the largest sum heretofore paid into that fund by a now retired circuit court judge between September 18, 1973, and the date of his retirement.
(Acts 1975, No. 1205, p. 2384, §6-113.)
The surviving spouse of any justice or judge, active or supernumerary, who died at any time before the expiration of one year from October 1, 1976, is authorized to elect to come under the provisions of Article 1 of this chapter and obtain the benefits thereof for spouses. Such election is to be manifested in the same manner and within the same time provided in Sections 12-18-30 through 12-18-32 for the election by a supernumerary justice or judge; except, that in cases of death of justices or judges, active or supernumerary, during the last six months of the year following October 1, 1976, an election by a surviving spouse shall be made within six months from the death of the deceased justice or judge.
The surviving spouse must, at the time of making the election, pay into the Judicial Retirement Fund a sum which would equal the amount required in this article to be paid by a supernumerary justice or judge electing at the time to come under the provisions of subsection (c) of Section 12-18-10.
(Acts 1975, No. 1205, p. 2384, §6-114.)
The provisions of this article shall become effective on October 1, 1976. No contributions shall be paid, no elections shall be made and no benefits shall accrue under the provisions of this article until October 1,1976.
(Acts 1975, No. 1205, p. 2384, §18-103.)
On or after July 30, 1979, any person assuming office for the first time as a justice of the Supreme Court, judge of a court of appeals or a circuit judge, shall receive and be entitled to all retirement benefits prescribed in Title 12, Chapter 18, Articles 1 and 2, except as follows:
(1) The provisions of subdivisions (3) and (5) of both subsections (a) and (b) of Section 12-18-6, to the contrary notwithstanding, except for disability, no such justice or judge shall be eligible to receive judicial service retirement pay prior to attaining 60 years of age.
(2) The retirement pay or benefit of each such justice or judge shall be based and computed pursuant to the provisions of Section 12-18-10, at the percentage rate therein prescribed of his final salary received from the state at the time of retirement. Retired justices and judges coming under this article shall be entitled to receive cost-of-living increases in their retirement pay equal to any cost-of-living increment received by retired state employees from the State Employees Retirement System, as provided by the Legislature from time to time.
(3) The provisions of Section 12-18-8, to the contrary notwithstanding, no credit for prior creditable service shall be claimed by such justice or judge for inclusion toward judicial retirement except prior creditable service as a judge.
(4) In order for any person, electing to retire under the provisions of this article, to receive benefits authorized for the judicial office in which he is serving at the time of retirement, he must have served not less than one full term, or a time equal to a full term, in such office; if such person has served for a lesser period in such office, he shall only be entitled to retire in, and receive the benefits for, any previous judicial office in which he shall have served for not less than one full term, or a time equal to a full term, such person otherwise having attained the number of years of creditable service and age for such retirement, including all service in the office held at the time of retirement.
(Acts 1979, No. 79-566, p. 1015, §1.)
Any person with service as a judge of a district court who assumes the office of circuit judge or as a justice of the Supreme Court or judge of a court of appeals shall be entitled to receive creditable service for such time served as judge of a district or county court for inclusion toward retirement under Title 12, Chapter 18, Articles 1 and 2.
(Acts 1979, No. 79-566, p. 1015, §2.)
Every district judge who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension as provided in this article. Such retirement shall be on order of the Board of Control of the Judicial Retirement Fund and upon the request of the district judge to be retired or on an order signed by a majority of the members of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §4-119.)
(a) Each judge of a county court or full-time municipal court judge entitled to receive a commission as a district judge pursuant to the Constitution shall have a right to elect to come under the provisions of Article 1 of this chapter in accord with the provisions of this article, but a full-time municipal court judge shall not be entitled to credit to determine eligibility for retirement under Section 12-18-55 for any service prior to such election.
(b) Such election shall be made by written notice filed within 30 days from the issuance of the commission with the Clerk of the Supreme Court and the Secretary-Treasurer of the Judicial Retirement Fund. Each such judge of a county court shall also file notice of such election with the county commission of the county in which he resides. Each such full-time municipal court judge shall also file such notice with the governing body of the municipality ceasing to have a city or municipal court.
(c) Each district judge elected or appointed to office after October 10, 1975, shall come under the provisions of Article 1 of this chapter as a matter of law.
(Acts 1975, No. 1205, p. 2384, §4-117.)
After January 16, 1977, each district judge who comes under the provisions of Article 1 of this chapter by election or by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of his annual compensation paid by the State of Alabama; provided, that after February 1, 1977, the rate of contribution to be paid by such judge shall be six percent of his salary derived from the State of Alabama, but such increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%) of their salary. Such percentages shall be deducted by the state Comptroller from each such judge’s salary and paid into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the judge from whose salary it was deducted.
The Supreme Court of Alabama may provide that the state shall pickup member contributions to the Judicial Retirement Fund, as required by Section 12-18-5 and this section, on behalf of all appellate justices or judges, circuit and district judges who participate in the judicial retirement fund and that the counties shall pickup member contributions to the Judicial Retirement Fund, as required by Section 12-18-81, on behalf of all probate judges who participate in the Judicial Retirement Fund, by a corresponding reduction in the salary of the member, such pickup to be mandatory for all such judges, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. These contributions shall be paid from the same source of funds which is used in paying earnings to the member. If member contributions are so picked up they shall be treated for all other purposes of state law in the same manner and to the same extent as member contributions made prior to the date picked up.
(Acts 1975, No. 1205, p. 2384, §4-118; Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §4; Acts 1982, No. 82-417, p. 628, §2; Act 2011-676, p. 1805, §1.)
When a district judge elects to come under the provisions of Article 1 of this chapter, all money paid by the county or municipality into a retirement fund for the benefit of such judge shall immediately be paid into the Judicial Retirement Fund on account of the judge electing to come under the article, and the same shall be credited to him under the rules and regulations applicable to similar contributions under the Employees’ Retirement System of Alabama.
(Acts 1975, No. 1205, p. 2384, §4-127.)
Should the service of a district judge be terminated prior to the time said judge is entitled to receive retirement benefits under this article, such judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have refunded his contributions to the Judicial Retirement Fund, plus accrued interest thereon, under the same rules, regulations and rates applicable to similar refunds of contributions under the Employees’ Retirement System; provided, that should such judge not elect to withdraw from the Judicial Retirement Fund he shall be entitled to receive a certificate from the Secretary-Treasurer of the Employees’ Retirement System of Alabama showing the time of service accumulated toward retirement.
If any such judge has sufficient time of service for any retirement benefit provided by this article, upon reaching a retirement age or upon death, such certificate may be filed as proof of time of service with the Chief Justice of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §4-128.)
(a) Any district judge shall be eligible for retirement and may elect to be retired pursuant to this article if he:
(1) Has served as much as five years as a district judge or judge of a county court immediately prior to retirement and has become permanently, physically, or mentally unable to carry out his duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians;
(2) Has served for 12 years as a district judge or judge of a county court and has reached or passed the age of 65 years;
(3) Has served for 15 years as a district judge or judge of a county court and is not less than 62 years of age or has served as such for more than 15 years and has attained age 62, less one year for each year of service in excess of 15; provided, however, that no district court judge shall retire under the provision of this subdivision prior to attaining the age of 60 years;
(4) Has served for 10 years as a district judge or judge of a county court and is not less than 70 years of age; or
(5) Has served for not less than 18 years or three full terms or a time equal to three full terms as a circuit judge, district judge, judge of a county court or any two or more of the positions; provided, that he shall not be less than 60 years of age.
(b) Any provision of this article to the contrary notwithstanding, a district court judge shall not be eligible to retire on service or otherwise receive service retirement benefits on account of his participation in said fund, unless such member shall have attained 60 years of age; provided, however, that nothing in this subsection shall be construed as limiting, altering or amending existing provisions of law relating to eligibility for entitlement to disability benefits.
(c) Any former judge of a county court, former district attorney or former deputy district attorney serving as circuit judge on January 16, 1977, shall have the right, within one year from January 16, 1977, to elect to come under the provisions of Article 1 of this chapter, receiving prior service credit under such article for years served as a judge of a county court, district attorney, or deputy district attorney to the same extent that years served as a circuit judge would render the circuit judge eligible for retirement, notwithstanding any contrary provisions of Article 1 of this chapter. The notice of election to come within Article 1 of this chapter shall be filed with the Clerk of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §4-120; Acts 1988, No. 88-164, p. 264, §1.)
Any judge of the state who desires to be retired pursuant to this article shall file a written notice of election to retire with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.
(Acts 1975, No. 1205, p. 2384, §4-121.)
When a district judge retires pursuant to this article, the office then held by him shall become vacant, and the vacancy shall be filled as provided by the Constitution.
(Acts 1975, No. 1205, p. 2384, §4-126.)
The annual retirement benefit payable to a judge retiring pursuant to subdivisions (2) through (5) of subsection (a) of Section 12-18-55 shall be 75 percent of the salary payable by the state to district judges on the date such judge retires. Retired district judges shall also be entitled to receive cost-of-living increases in their retirement pay equal to any cost-of-living increment received by retired state employees from the State Employees’ Retirement System, as provided by the Legislature from time to time. District judges retirement benefits shall be payable monthly for the life of the beneficiary and shall not be subject to writs of attachment or garnishment.
(Acts 1975, No. 1205, p. 2384, §4-122; Acts 1988, No. 88-164, p. 264, §2.)
The provisions of Sections 12-18-55 and 12-18-58 shall only apply to those district judges retiring on or after October 1, 1986. Any district judge who retired prior to October 1, 1986, shall be entitled to the benefits provided by law on the date of retirement, and shall also be entitled to receive cost-of-living increases received by retired state employees as may be provided by the Legislature after April 7, 1988.
(Acts 1988, No. 88-164, p. 264, §3.)
Any judge retiring pursuant to subdivision (1) of subsection (a) of Section 12-18-55 who has served for 10 years shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the salary payable to the state for the position held at the time of retirement. A disabled judge who has served less than 10 years shall be entitled to receive a monthly benefit equal to 25 percent of the salary payable by the state for the position held at the time of retirement plus 10 percent of such salary for each year of service in excess of five years; provided, that in no event shall such judge receive less than 30 percent of the annual salary being paid to a full-time district court judge by the state at the time of his retirement.
(Acts 1975, No. 1205, p. 2384, §4-124.)
After the death of any district judge, who, while serving as an intermediate court judge or as a district judge, has contributed or paid into a county retirement system or to a state retirement system for a minimum of five years, his spouse shall receive a yearly benefit from the state equivalent to three percent of the salary payable from the State Treasury prescribed by law for his former position as a district judge or as an intermediate court judge, as the case may be, for each year of service not to exceed 30 percent of such salary, payable monthly for the remainder of such spouse’s life or until their remarriage.
(Acts 1975, No. 1205, p. 2384, §4-123; Acts 1988, No. 88-164, p. 264, §4.)
The provisions of Section 12-18-60 shall be applicable to all persons now receiving district judge’s spousal benefits or who may be entitled to such benefits prior to April 7, 1988.
(Acts 1988, No. 88-164, p. 264, §5.)
(a) Any district judge who has retired pursuant to this article or Article 7, on the request of the presiding circuit judge of the applicable judicial circuit and with the approval of the Chief Justice, may be called to interim active duty status in any circuit or district court, upon consent of the retired judge.
(b)(1) A retired district judge who is called to interim active duty status, in addition to his or her retirement benefits, shall receive additional compensation during the term of service in an amount of seven hundred eighty dollars ($780) per day, subject to state funding, including funds within the discretion of the presiding circuit judge of the judicial circuit. A judge may only be called to interim active duty status for a maximum of 50 days in a calendar year.
(2) A retired judge who is called to active duty status pursuant to this section shall receive the same per diem expenses and mileage as state employees paid from funds appropriated to the Unified Judicial System. Additionally, he or she shall be assigned any court and court-supportive personnel necessary to perform his or her duties.
(3) A retired judge who is called to active duty status pursuant to this section shall complete a minimum of six hours of approved continuing legal education annually.
(4) A retired judge who is called to active duty status pursuant to this section shall not be a public official under Chapter 25 of Title 36 by virtue of his or her service under this section.
(c) The Chief Justice and the presiding circuit judge of the applicable judicial circuit shall determine whether a retired judge is satisfactorily performing the assigned duties. Upon determination that the retired judge is not satisfactorily performing the duties, the retired judge shall immediately be removed from interim active duty status, and the additional interim active duty status compensation shall cease.
(d) Except as provided in subdivision (b)(1) or subsection (c), a retired judge shall hold office as an additional or extra judge during good behavior and may only be removed for causes specified in the constitution. Any retired judges may be transferred to inactive status, upon request for the transfer. Judges who revert to inactive status shall be entitled to the same retirement benefits as prescribed pursuant to this chapter.
(e) The Administrative Office of Courts shall adopt policies and procedures for nominations to the Chief Justice and duties assigned to interim active duty status judges.
(Acts 1975, No. 1205, p. 2384, §4-125; Act 2023-333, §1; Act 2024-315, §1.)
Every probate judge who meets the requirements for retirement prescribed in this article shall be entitled to be retired and to receive a pension as provided in this article.
Such retirement shall be on order of the Board of Control of the Judicial Retirement Fund or on an order signed by the majority of the members of the Supreme Court and upon the request of the probate judge to be retired.
(Acts 1975, No. 1205, p. 2384, §3-103.)
Each probate judge holding office in the several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall have a right to elect to come under the provisions of Article 1 of this chapter in accordance with the provisions of this article.
Each such probate judge who elects to come under the provisions of article 1 of this chapter shall, prior to the first Monday after the second Tuesday in January, 1977, file with the Clerk of the Supreme Court of Alabama, the county commission of the county in which each such probate judge serves and the Secretary-Treasurer of the Employees’ Retirement System of Alabama an instrument in writing electing to come under the provisions of Article 1 of this chapter.
Each probate judge elected or appointed to office after October 1, 1976, shall come under the provisions of Article 1 of this chapter as a matter of law.
The Supreme Court of Alabama may provide that the state shall pick up member contributions to the Judicial Retirement Fund, as required by Sections 12-18-5 and 12-18-52, on behalf of all appellate justices or judges, circuit and district judges who participate in the Judicial Retirement Fund and that the counties shall pick up member contributions to the Judicial Retirement Fund, as required by this section, on behalf of all probate judges who participate in the Judicial Retirement Fund, by a corresponding reduction in the salary of the member, such picking up to be mandatory for all such judges, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code. These contributions shall be paid from the same source of funds which is used in paying earnings to the member. If member contributions are so picked up they shall be treated for all other purposes of state law in the same manner and to the same extent as member contributions made prior to the date picked up.
(Acts 1975, No. 1205, p. 2384, §3-102; Acts 1982, No. 82-417, p. 628, §2.)
(a) Judges on fees. After October 1, 1976, each probate judge compensated by fees who elects to come under the provisions of Article 1 of this chapter or who comes under the provisions of Article 1 of this chapter by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of a sum, hereinafter referred to as the “base sum,” that is, 90 percent of the annual state compensation now authorized by law to be paid to circuit judges in Alabama; provided, that, after February 1, 1977, the rate of contribution to be paid by such judge shall be six percent of his salary derived from the State of Alabama, but such increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%) of their salary. The base sum shall be adjusted up or down in accordance with and equal to future changes that are made in the state compensation of such circuit judges. Such percentage shall be paid by each such probate judge into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the probate judge from whose fees it was paid.
(b) Judges on salary. After October 1, 1976, each probate judge compensated by salary who elects to come under the provisions of Article 1 of this chapter or who comes under the provisions of Article 1 of this chapter by operation of law shall contribute to the Judicial Retirement Fund annually, payable in equal monthly installments, four and one-half percent of his salary; provided, that, after February 1, 1977, the rate of contribution to be paid by such judge shall be six percent of his salary derived from the State of Alabama, but such increased rate of contribution shall not be effective until February 1, 1977. For all pay dates beginning on or after October 1, 2011, the contribution to be paid by the judges shall be eight and one-quarter percent (8.25%) of their salary. For all pay dates beginning on or after October 1, 2012, the rate of contribution to be paid by the judges shall be eight and one-half percent (8.5%) of their salary. Such percentage shall be paid into the Judicial Retirement Fund in the State Treasury and credited to the individual account of the probate judge from whose salary it was deducted.
(Acts 1975, No. 1205, p. 2384, §3-102; Acts 1975, 4th Ex. Sess., No. 66, p. 2680, §4; Act 2011-676, p. 1805, §1.)
Should the service of a probate judge be terminated prior to the time he is entitled to receive retirement benefits under this article, such probate judge shall have the right to elect to withdraw from the Judicial Retirement Fund and to have refunded his contributions to the Judicial Retirement Fund, plus accrued interest thereon, under the same rules and regulations and at the same rate governing the accrual and refund of interest under the Employees’ Retirement System of Alabama; provided, that should such probate judge not elect to withdraw from the Judicial Retirement Fund he shall be entitled to receive a certificate from the Secretary-Treasurer of the Employees’ Retirement System of Alabama showing the time of service he has accumulated toward retirement.
If any such judge has sufficient time of service for any retirement benefit provided by this article, upon reaching a retirement age or upon his death, such certificate may be filed as proof of time of service with the Chief Justice of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §3-110.)
Any probate judge serving on December 27, 1973, who elects to become a member of the retirement fund hereby established, and any probate judge assuming such office after October 1, 1976, may elect to be retired pursuant to this article if he or she qualifies under any one of the following:
(1) Has served as much as five years as a probate judge and has become permanently, physically or mentally unable to carry out his or her duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians;
(2) Has served as much as 12 years as a probate judge and has reached or passed the age of 65 years;
(3) Has served as much as 15 years as probate judge and is not less than 62 years of age or has served as such for more than 15 years and has attained age 62, less one year for each year of service in excess of 15; provided, that such probate judge shall have attained not less than 60 years of age;
(4) Has served continuously as much as 10 years as probate judge and is not less than 70 years of age; or
(5) Has served for not less than 18 years or three full terms or a time equal to three full terms as a probate judge and is not less than 60 years of age; or
(6) Has served for not less than 24 years or four full terms or a time equal to four full terms as a probate judge, regardless of age, if upon electing to retire with less than 25 years of service, prior to his or her date of retirement he or she pays to the Secretary-Treasurer of the Judicial Retirement Fund a lump sum in an amount equal to the annual employer and employee contributions necessary to purchase one year of creditable service in the fund based on the final annual state salary earned by the judge during his or her most recent fiscal year of active judicial service.
(Acts 1975, No. 1205, p. 2384, §3-104; Act 98-365, p. 664, §2.)
Notwithstanding any law to the contrary, any judge of probate who has served for not less than 24 years on any one or more of such courts or has 24 years of creditable service in the Judicial Retirement Fund shall be eligible to retire under this chapter, regardless of age, if upon electing to retire with less than 25 years of service, prior to his or her date of retirement he or she pays to the Secretary-Treasurer of the Judicial Retirement Fund a lump sum in an amount equal to the annual employer and employee contributions necessary to purchase one year of creditable service in the fund based on the final annual state salary earned by the judge during his or her most recent fiscal year of active judicial service.
(Act 98-365, p. 664, §1.)
Any probate judge of the state who desires to be retired pursuant to this article shall file a written declaration relative to his intention to elect such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.
(Acts 1975, No. 1205, p. 2384, §3-105.)
When a probate judge retires pursuant to this article, the office then held by him shall become vacant, and the vacancy shall be filled as provided by the Constitution.
(Acts 1975, No. 1205, p. 2384, §3-108.)
(a) Judges’ retirement benefits. - The annual retirement benefit payable to a probate judge retiring pursuant to subdivisions (2), (3), (4), and (5) of Section 12-18-84 shall be 75 percent of the base sum or salary upon which such judge is paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement. Such retirement benefit shall be payable monthly from the State Treasury for the life of the beneficiary.
(b) Spouses’ benefits. - After the death of any probate judge who has held office for a minimum of five years, his or her spouse shall receive a yearly benefit from the State Treasury equivalent to the greater of $480.00 per year, multiplied by the number of years of service, not to exceed 10 years, or three percent of the base sum or salary upon which such probate judge was paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement, multiplied by the number of years service, not to exceed 10 years, payable monthly for the remainder of such spouse’s life or until his or her remarriage.
(c) Judges’ disability benefits. - Any probate judge retiring pursuant to subdivision (1) of Section 12-18-84, who has served for 10 years or more shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the base sum or salary specified in subsection (a) or (b) of Section 12-18-82 applicable at the time of retirement. If such disabled probate judge has served less than 10 years, he shall be entitled to receive from the State Treasury a monthly disability benefit that is equal to 25 percent of such base sum or salary plus 10 percent of such base sum or salary for each year of service in excess of five years; provided, however, that in no event shall such justice or judge receive less than 30 percent of the annual salary being paid to a full-time probate judge, as the case may be, from the State Treasury.
(d) Minimum age for receipt of retirement benefits, etc. - Any provision of this article to the contrary notwithstanding, a probate judge shall not be eligible to retire on service or otherwise receive service retirement benefits on account of his participation in said fund unless such member shall have attained 60 years of age; provided, however, that nothing in this subsection shall be construed as limiting, altering or amending existing provisions of law relating to eligibility for entitlement to disability benefits.
(Acts 1975, No. 1205, p. 2384, §3-106; Acts 1988, No. 88-662, p. 1062; Acts 1991, No. 91-641, p. 1211, §1.)
Every probate judge who has retired pursuant to this article may, on the request of the Chief Justice, be called to active duty status as a probate judge.
Such retired probate judge shall be entitled to receive from the county in which he is serving reimbursement for all reasonable and necessary expenses, including travel, incurred in the performance of such active duty.
Such active duty status shall be terminated by the appointment of a person to fill the vacancy occupied by such retired probate judge or by an order of the appointing authority.
(Acts 1975, No. 1205, p. 2384, §3-107.)
This article shall not apply to any supernumerary probate judge.
No probate judge who elects to come under the provisions of Article 1 of this chapter shall be eligible to receive benefits as a supernumerary probate judge or benefits under any other state retirement program; provided, that any probate judge retired under this article may receive all social security benefits to which he or she is entitled, and the receipt of such shall not diminish the retirement benefits herein provided.
When a probate judge elects to come under the provisions of Article 1 of this chapter, all money paid to the county by such probate judge under the provisions of Article 3 of Chapter 13 of this title shall immediately be paid into the Judicial Retirement Fund in the State Treasury.
(Acts 1975, No. 1205, p. 2384, §3-109.)
The provisions of this article shall become effective on October 1, 1976, unless otherwise provided in this article. No contributions shall be paid, no elections shall be made, and no benefits shall accrue under this article until October 1, 1976, unless otherwise provided in this article.
(Acts 1975, No. 1205, p. 2384, §18-103.)
(a) There is hereby provided, commencing October 1, 1984, to any probate judge retired prior to October 1, 1983, under the Judicial Retirement Fund of Alabama and who is receiving a retirement allowance therefrom, a cost-of-living increase in his maximum retirement allowance as follows:
(1) If such person retired prior to October 1, 1979, a 15 percent increase in his maximum retirement allowance.
(2) If such person retired on or after October 1, 1979, but prior to October 1, 1981, a 10 percent increase in his maximum retirement allowance.
(3) If such person retired on or after October 1, 1981, but prior to October 1, 1983, a five percent increase in his maximum retirement allowance.
(b) Any person retired under the Judicial Retirement Fund of Alabama who assumed office for the first time on or after July 30, 1979, for purposes of this section, shall not be entitled to receive the cost-of-living increase provided.
(c) The board of control of the Employees’ Retirement System shall determine annually the amount required to pay the costs of the benefits provided in this section and shall certify such amounts to the state Comptroller as payable to the Judicial Retirement Fund for the purpose herein defined.
The provisions of this subsection shall govern and override any seeming or actual conflicts with other provisions of this section.
(d) The provisions of this section are supplemental. It shall be construed in pari materia with other laws regulating and providing for the payment of retirement benefits to retired probate judges of Alabama; however, those laws or parts of laws which are in direct conflict or inconsistent herewith are hereby repealed.
(Acts 1984, No. 84-613, p. 1252.)
(a) Any retired judge of probate receiving benefits from the Judicial Retirement Fund shall be entitled to receive any cost-of-living adjustment provided by law for state employees who are retired under the State Employees’ Retirement System after April 21, 1998.
(b) The cost-of-living adjustments provided for retired judges of probate under subsection (a) shall be financed from time to time, from the investment income of the Judicial Retirement Fund.
(Act 98-365, p. 664, §3.)
(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 the Judicial Retirement Fund his or her creditable service and accumulated contributions in the Employees’ or Teachers’ Retirement System, as provided in this article.
(b) Any member desiring to transfer any creditable service and contributions shall notify the Board of Control of the Employees’ Retirement System of his or her election to transfer the creditable service and shall authorize transfer of the amount of his or her accumulated contributions to his or her credit in the Employees’ or Teachers’ Retirement System to his or her account in the Judicial Retirement Fund.
(c) Following receipt of notice, the Board of Control transferring the creditable service and contributions shall certify to the Board of Control of the Employees’ Retirement System and to the Judicial Retirement Fund the amount of contributions and service creditable to the member at the time of separation from the transferring retirement system. The member shall be credited in the Judicial Retirement Fund with the creditable service and accumulated contributions so certified.
(Acts 1980, No. 80-461, p. 714, §1; Acts 1993, No. 93-767, p. 1533, §3; Act 2022-347, §1.)
(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 entitled to retire under the said fund on service or disability, upon attaining sufficient years of age and creditable service, including credit for service transferred to the fund under the provisions of this article, to qualify for said retirement, in accordance with the service and age requirements contained in this chapter for the judicial position in which such member is serving at the time of retirement, subject to the adjustments in benefits and allowances provided for in this section.
The surviving spouse of a member of the Judicial Retirement Fund shall be entitled to count or employ creditable service certified and transferred under this article to the fund on or before the date of death of the member in order to qualify for any benefits and/or allowances provided for said spouse under this chapter, subject to the adjustments in benefits and allowances provided for in this section.
(b) In the event a member of the Judicial Retirement Fund or the surviving spouse thereof, except a district or probate judge or surviving spouse thereof, must employ and count creditable service transferred under this article to qualify for retirement and/or benefits under the fund, the benefits or allowances payable to such member or spouse shall be calculated as follows, and shall be in lieu of any and all other rights, benefits and allowances, except social security payments:
(1) The annual service allowance payable to such retiring member shall be an annual amount equal to the sum of:
a. The amount which results when the current salary payable by the state for the judicial position from which the member is retiring is multiplied by the percentage factor resulting from multiplying 75 percent by the ratio created when the member’s number of years of creditable service, excluding transferred credit, is compared to the number of years of creditable service required under this chapter, to retire on service with respect to the member’s age at the time of retirement; and
b. Two and one-eightieth percent of the member’s average final compensation, that is the average annual compensation, during the three years in the last 10 years of creditable service transferred under this article for which such average is highest, or during his entire period of transferred creditable service if less than three years credit is transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.
The annual service allowance shall be payable to a retiring member in equal monthly installments but, anything this section to the contrary notwithstanding, shall not exceed 75 percent of the current salary payable from the state for the judicial position from which the member retired.
(2) The annual allowance payable to the surviving spouse of a member shall be an annual amount equal to the sum of:
a. Three percent of the current salary payable from the state for the judicial position from which the deceased member retired or in which the member was serving, prior to retirement, at the time of death multiplied by the member’s number of years of creditable service, excluding transferred credit; and
b. Forty percent of two and one-eightieth percent of the member’s average final compensation for the creditable service transferred under this article multiplied by the number of years of the members’ creditable service transferred under the provisions of this article.
The annual allowance to the surviving spouse shall be payable in equal monthly installments for the remainder of the surviving spouse’s life or until remarriage, but anything in this section to the contrary notwithstanding, said annual allowance shall not exceed 30 percent of the current salary payable by the state to the judicial position from which the member retired or in which said member was serving prior to retirement at the time of death.
(3) The annual disability allowance payable to a retiring member shall be an annual amount equal to the sum of:
a. A percentage of the current salary payable by the state for the judicial position from which the member is retiring multiplied by the member’s number of years of creditable service, excluding transferred credit, in accordance with the following schedule:
Creditable ServicePercentage of Salary152103154205306357458559651075and,
b. Two and one-eightieth percent of the average final compensation for the period of transferred service credit multiplied by the member’s number of years of creditable service transferred under this article.
The annual disability allowance shall be payable in equal monthly installments but, anything in this section to the contrary notwithstanding, said allowance shall not exceed 75 percent of the current salary payable by the state to the position from which the member retired.
(Acts 1980, No. 80-461, p. 714, §2.)
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 fund, the benefits or allowances payable to such member or spouse shall be calculated as follows, and shall be in lieu of any and all other rights, benefits and allowances, except social security payments:
(1) The annual service allowance payable to a retiring district judge shall be an annual amount equal to the sum of:
a. The amount which results when 90 percent of the retirement benefits payable by the state to circuit judges on the date such district judge retires (as is provided under Section 12-18-58) is multiplied by the ratio created when the member’s number of years of creditable service, excluding transferred credit, is compared to the number of years of creditable service section under Section 12-18-55, to retire on service with respect to the member’s age at the time of retirement; and
b. Two and one-eightieth percent of the member’s average final compensation, that is the average annual compensation, during the three years in the last 10 years of creditable service transferred under this article for which such average is highest, or during his entire period of transferred creditable service if less than three years credit is transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.
The annual service allowance shall be payable to such retiring district judge in equal monthly installments but, anything in this section to the contrary notwithstanding, shall not exceed 90 percent of the retirement benefits payable by the state to a circuit judge on the date such district judge retires.
(2) The annual disability allowance payable to a retiring district judge shall be an annual amount equal to the sum of:
a. A percentage of the salary payable by the state for an active district judge at the date such district judge retires multiplied by the member’s number of years of creditable service, excluding transferred credit, in accordance with the following schedule:
Creditable ServicePercentage of Salary152103154205306357458559651075and,
b. Two and one-eightieth percent of the average final compensation for the period of transferred service credit multiplied by the member’s number of years of creditable service transferred hereunder.
The annual disability allowance shall be payable in equal monthly installments but, anything in this section to the contrary notwithstanding, said allowance shall not exceed 75 percent of the salary payable by the state for the position from which the member retired at the time of retirement.
(3) The annual allowance payable to the surviving spouse of a district judge shall be an annual amount equal to the sum of:
a. Five hundred fifty dollars multiplied by the member’s number of years of creditable service as a district judge or as an intermediate court judge excluding transferred service, and not to exceed 10 years; and
b. Forty percent of two and one-eightieth percent of the member’s average final compensation for the creditable service transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.
The annual allowance to the surviving spouse shall be payable in equal monthly installments for the remainder of the surviving spouse’s life or until remarriage, but, anything in this section to the contrary notwithstanding, said annual allowance shall not exceed the maximum survivor benefit allowable under Section 12-18-60.
(Acts 1980, No. 80-461, p. 714, §2.)
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 fund, the benefits or allowances payable to such member or spouse shall be calculated as follows, and shall be in lieu of any and all other rights, benefits and allowances, except Social Security payments:
(1) The annual service allowance payable to a retiring probate judge shall be an annual amount equal to the sum of:
a. The amount which results when 75 percent of the base sum or salary upon which such judge was contributing, as provided in Section 12-18-82, immediately prior to retirement is multiplied by the ratio created when the member’s number of years of creditable service, excluding transferred credit, is compared to the number of years of creditable service required under Article 4 of this chapter, to retire on service with respect to the member’s age at the time of retirement; and
b. Two and one-eightieth percent of the member’s average final compensation, that is the average annual compensation, during the three years in the last 10 years of creditable service transferred under this article for which such average is highest, or during his entire period of transferred creditable service if less than three years credit is transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.
The annual service allowance shall be payable to such retiring probate judge in equal monthly installments but, anything in this section to the contrary notwithstanding, shall not exceed 75 percent of the base sum or salary upon which such judge was contributing immediately prior to retirement.
(2) The annual disability allowance payable to a retiring probate judge shall be an annual amount equal to the sum of:
a. A percentage of the base sum or salary contributed upon immediately prior to retirement by such probate judge multiplied by the member’s number of years of creditable service, excluding transferred credit, in accordance with the following schedule:
Creditable ServicePercentage of Salary152103154205306357458559651075and,
b. Two and one-eightieth of the average final compensation for the period of transferred service credit multiplied by the member’s number of years of creditable service transferred under this article.
The annual disability allowance shall be payable in equal monthly installments but, anything in this section to the contrary notwithstanding, said allowance shall not exceed 75 percent of the salary or base sum upon which the member was contributing immediately prior to retirement.
(3) The annual allowance payable to the surviving spouse of a probate judge shall be an annual amount equal to the sum of:
a. Three percent of the base sum or salary upon which the judge of probate was paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement, multiplied by the number of years of creditable service as a judge of probate, not to exceed 10 years.
b. Forty percent of two and one-eightieth percent of the member’s average final compensation for the creditable service transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.
The annual allowance to the surviving spouse shall be payable in equal monthly installments for the remainder of the surviving spouse’s life or until remarriage, but, anything in this section to the contrary notwithstanding, said annual allowance shall not exceed 30 percent of the salary upon which the judge of probate was paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement.
(Acts 1980, No. 80-461, p. 714, §4; Act 2000-682, p. 1386, §1.)
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.
(Acts 1980, No. 80-461, p. 714, §5.)
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 district judge before July 30, 1979, and later assumed or assumes 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.
(Act 98-295, p. 481, §1.)
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 courts or has 25 years of creditable service in the Judicial Retirement System shall be eligible to retire under this chapter regardless of age.
(Act 98-295, p. 481, §2.)
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 judge qualifying for service retirement pursuant to this article shall be based and computed on the final salary received from the state at the time of his or her retirement in accordance with the percentage rate now prescribed by law. The retirement benefits of justices and judges who have 25 years of creditable service based on nonjudicial service which has been transferred to the Judicial Retirement System shall be calculated pursuant to Sections 12-18-111, 12-18-112, or 12-18-113, as applicable.
(Act 98-295, p. 481, §3.)
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 Retirement Fund of Alabama for up to one additional year. Any justice or judge eligible to purchase such credit shall be awarded such credit provided that the justice or judge shall pay into the Judicial Retirement Fund of Alabama a sum of money which is equal to the annual contribution of both the justice or judge and the annual contribution of the state into the fund at the time of election to purchase the credit multiplied by each year or fraction thereof of service credit claimed. The election and payment shall be made to the Secretary-Treasurer of the Employees’ Retirement System of Alabama, administrator of the Judicial Retirement Fund.
(Act 98-295, p. 481, §4.)
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 modify any entitlement or benefit to which a justice or judge is now eligible or would be eligible under the retirement laws existing and in effect before July 1, 1998.
(Act 98-295, p. 481, §5.)
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 account in the Judges’ and Clerks’ Plan, together with regular interest thereon.
(2) ACTUARIAL EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest.
(3) ANNUITY. Payments for life derived from the accumulated contributions of a member. All annuities shall be payable in equal monthly installments.
(4) AVERAGE FINAL COMPENSATION. The average annual compensation of a judge or clerk with respect to which he or she had made contributions pursuant to Section 12-18-152 during the five years in his or her last 10 years of membership service for which the average is highest or during his or her entire period of membership service if less than five years.
(5) BENEFICIARY. Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this article.
(6) BOARD OF CONTROL. The board provided for in Section 36-27-23 to administer the retirement system.
(7) EMPLOYER. The State of Alabama or any department, agency, or local governing body by which a judge or clerk is paid.
(8) FUND. The Judicial Retirement Fund provided for in this chapter.
(9) JUDGE OR CLERK. Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, district judge, probate judge, or circuit clerk who is not a member of the Judicial Retirement Fund or Clerks’ and Registers’ Supernumerary Fund on November 7, 2016, and who is first elected or appointed to his or her position on or after November 8, 2016. This shall not include any judge or clerk who is a member of the Judicial Retirement Fund or Clerks’ and Registers’ Supernumerary Fund prior to November 8, 2016, regardless of when he or she is first appointed or elected to his or her judicial or clerk position.
(10) MEDICAL BOARD. The board of physicians provided for in Section 36-27-23.
(11) MEMBER. Any judge or clerk included in membership of the plan.
(12) MEMBERSHIP SERVICE. Service as a judge or clerk on account of which contributions are made.
(13) PENSION. Payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments.
(14) PLAN. The Judges’ and Clerks’ Plan provided for in Section 12-18-151.
(15) REGULAR INTEREST. Interest compounded annually at the rate determined by the Board of Control.
(16) RETIREMENT. Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this article.
(17) RETIREMENT ALLOWANCE. The sum of the annuity and the pension.
(18) RETIREMENT SYSTEM. The Employees’ Retirement System of Alabama as defined in Section 36-27-2.
(Act 2015-498, §2.)
There is hereby created and established the Judges’ and Clerks’ Plan under the Judicial Retirement Fund.
(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 shall not include any judge or clerk who is a member of the Judicial Retirement Fund or Clerks’ and Registers’ Supernumerary Fund prior to November 8, 2016, regardless of the type of judgeship position held. Each judge or clerk shall contribute to the fund eight and one-half percent (8.5%) of his or her annual salary or base sum as provided in Section 12-18-82. The percentages shall be deducted by the employer from each judge’s or clerk’s salary and paid into the fund in the State Treasury and credited to the individual account of the judge or clerk from whose salary it was deducted.
(b) On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the annual salary of each member to be the employer’s contribution. The percentage rate of such contribution shall be fixed for each fiscal year on the basis of the liabilities as shown by the last annual actuarial valuation, and such percentage rate as established by such valuation shall take effect the following October 1 and continue in effect for the fiscal year.
(Act 2015-498, §4.)
(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 membership service and accumulated contributions in the Employees’ Retirement System or the Teachers’ Retirement System to the Judges’ and Clerks’ Plan.
(b) Any active and contributing member desiring to transfer any membership service and accumulated contributions under subsection (a) shall notify the Board of Control of the Employees’ Retirement System of his or her election to transfer membership service and shall authorize the transfer of the amount of his or her accumulated contributions to his or her credit in the Employees’ Retirement System or Teachers’ Retirement System to his or her account in the Judges’ and Clerks’ Plan.
(c) The Board of Control transferring the membership service and contributions shall thereupon certify to the Board of Control of the Employees’ Retirement System and to the fund the amount of contributions and service creditable to the member at the time of separation from the transferring retirement system. The member shall be credited in the fund with the membership service and accumulated contributions so certified.
(d) Anything in this article to the contrary notwithstanding, in the application of the foregoing provisions of this section to a member whose membership service includes a period of service as a judge or clerk and a period of service in another employment classification, the benefit rates applicable to a judge or clerk shall apply to all membership service as a judge or clerk, and the benefit rates applicable to the member’s other employment classification shall apply to membership service in such other classification. In all other respects, the pension under this section shall be determined on the basis of the member’s employment classification at the time of his or her withdrawal from service.
(Act 2015-498, §5.)
(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 retired; provided, that any such member shall have completed 10 or more years of membership service in the Judges’ and Clerks’ Plan.
(b) Any member who has attained age 62 and has previously withdrawn from service 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 retired; provided, that any such member shall have completed 10 or more years of membership service.
(c) Upon retirement from service, a member who is a clerk shall receive a service retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a pension, which when added to the member’s annuity shall be equal to three percent (3%) of the member’s average final compensation multiplied by the member’s number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation.
(d) Upon retirement from service, a member who is a judge shall receive a service retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a pension, which when added to the member’s annuity shall be equal to four percent (4%) of the member’s average final compensation multiplied by the member’s number of years of membership service. Notwithstanding the foregoing, the service retirement allowance shall not exceed seventy-five percent (75%) of the member’s average final compensation. A member who is a judge and who has attained 18 or more years of membership service shall be entitled to a retirement allowance of seventy-five percent (75%) of the member’s average final compensation.
(Act 2015-498, §6.)
(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 the date of filing of such application; provided that the medical board, after a medical examination of such member, shall certify that such individual is totally and permanently mentally or physically incapacitated from regular and substantial gainful employment and that such member should be retired.
(b) Upon retirement for disability, a member who is a clerk shall receive a service retirement allowance if he or she has attained age 62; otherwise, he or she shall receive a disability retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a pension, which when added to the member’s annuity shall be equal to three percent (3%) of the member’s average final compensation multiplied by the member’s number of years of membership service. Notwithstanding the foregoing, the disability retirement allowance shall not exceed eighty percent (80%) of the member’s average final compensation.
(c) Upon retirement for disability, a member who is a judge shall receive a service retirement allowance if he or she has attained age 62; otherwise, he or she shall receive a disability retirement allowance which shall consist of an annuity, which shall be the actuarial equivalent of the member’s accumulated contributions at the time of retirement, and a pension, which when added to the member’s annuity shall be equal to four percent (4%) of the member’s average final compensation multiplied by the member’s number of years of membership service. Notwithstanding the foregoing, the disability retirement allowance shall not exceed seventy-five percent (75%) of the member’s average final compensation. A member who is a judge and who has attained 18 or more years of membership service shall be entitled to a disability retirement allowance of seventy-five percent (75%) of the member’s average final compensation.
(d) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once every three-year period thereafter, the Board of Control may require any disability beneficiary who has not yet attained age 62 to undergo a medical examination, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon by a physician or physicians of or designated by the medical board. Should any disability beneficiary who has not yet attained age 62 refuse to submit to such medical examination, his or her retirement allowance may be discontinued until his or her withdrawal of such refusal, and should his or her refusal continue for one year, all his or her rights in and to his or her pension may be revoked by the Board of Control. Should the medical board report and certify to the Board of Control that a disability beneficiary has the capacity to engage in regular and substantial gainful employment, the Board of Control shall discontinue the beneficiary’s retirement allowance until the beneficiary is otherwise eligible for service retirement.
(Act 2015-498, §7.)
(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, there shall be paid five-tenths of the interest accumulations standing to the credit of his or her individual account if he or she shall have not less than three but less than 16 years of membership service, six-tenths of the interest accumulations if he or she shall have not less than 16 but less than 21 years of membership service, seven-tenths of the interest accumulations if he or she shall have not less than 21 but less than 26 years of membership service and eight-tenths of the interest accumulations if he or she shall have not less than 26 years of membership service.
(b) In case of the death of a member eligible for service retirement pursuant to Section 12-18-154, an allowance shall be paid to the surviving spouse, if designated as the sole beneficiary, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 2, as set forth in subsection (d), or to such other person who the member shall have designated, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 3, as set forth in subsection (d). Alternatively, if the surviving spouse or other designee desires, he or she may choose to receive, in lieu of the allowance provided under Option 2 or Option 3, the accumulated contributions of the member plus an amount equal to the accumulated contributions of the member not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section.
(c) Upon the death of a member on account of whom no survivor allowance is payable under subsection (b), the accumulated contributions of the member plus an amount equal to the accumulated contributions not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section shall be paid to his or her estate or to such person as he or she shall have nominated by written designation duly executed and filed with the Board of Control.
(d) Optional allowances. With the provision that the election of an option shall be effective on the effective date of retirement, any member may elect prior to retirement to receive, in lieu of his or her retirement allowance payable throughout life, the actuarial equivalent, at that time, of his or her retirement allowance in a reduced retirement allowance payable throughout life with the provisions that:
(1) OPTION 1. If he or she dies before he or she has received in annuity payments the present value of his or her annuity as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control;
(2) OPTION 2. Upon his or her death, his or her reduced retirement allowance shall be continued throughout the life of and paid to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement;
(3) OPTION 3. Upon his or her death, one half of his or her reduced allowance shall be continued throughout the life of and paid to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement; or
(4) OPTION 4. Some other benefit or benefits shall be paid either to the member or to the person or persons as he or she shall nominate; provided, that those other benefits, together with the reduced retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance and shall be approved by the Board of Control.
(5) Where the person designated by the member under this subsection to receive a continued retirement allowance is a beneficiary of a special needs trust established under Title 42 U.S.C. § 1396p(d)(4)(A) or (C), as amended, the retirement allowance payable to the person may be paid by the retirement system to the special needs trust upon written direction to the retirement system by the member or, after the member is deceased, by the designated person or by his or her legal representative if the designated person is a minor or is incapacitated.
(e) Notwithstanding any other provisions of this section to the contrary, when a designated beneficiary for a member predeceases the member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4, the member may designate a replacement beneficiary for the deceased beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.
(f) Notwithstanding any provision of this section to the contrary, if a retired member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4 divorces his or her designated beneficiary, the member may designate a replacement beneficiary for the beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.
(Act 2015-498, p. 1781, §8; Act 2019-221, §1; Act 2022-184, §1.)
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 member shall be irrevocable. Any member who so elects to cancel a survivor allowance shall designate such new beneficiary as he or she shall nominate to receive a pro rata payment for the number of days the member shall live during the month of his or her death. Any cancellation of a survivor allowance under the provisions of this section shall be irrevocable by the member and payment of the pro rata amount for the number of days the member lives during the month of his or her death shall be in lieu of any other benefits heretofore payable.
(Act 2015-498, §9.)
(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 sufficient sum or amount to pay the premium on such policy.
(b) The Secretary-Treasurer of the state Employees’ Retirement System, when authorized by a retired employee, is hereby authorized to withhold from the retirement pay of such employee a sufficient amount to pay the premium on such policy and remit the same to the insurance carrier.
(Act 2015-498, §10.)
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. The Employees’ Retirement System may adopt rules and regulations as necessary to implement the plan.
(Act 2015-498, §11.)
All proposed legislation affecting the plan shall be accompanied by an actuarial estimate of the cost involved in such proposed legislation.
(Act 2015-498, §12.)
(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this plan in any attempt to defraud such plan shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00, or imprisonment not exceeding 12 months, or both such fine and imprisonment, at the discretion of the court.
(b) Should any charge or error in the records result in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the Board of Control shall correct such error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
(Act 2015-498, §13.)
The right of a person to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity or retirement allowance itself and any optional benefit or any other right accrued or accruing to any person under the provisions of this article and the moneys in the fund are hereby exempt from any state or municipal tax and exempt from levy and sale, garnishment, attachment or any other process whatsoever and shall be unassignable except as in this article specifically otherwise provide.
(Act 2015-498, §14.)
Official copies of records or documents maintained on microfilm, microfiche, or other photo-reproductive material of archival quality by the Employees’ Retirement System shall be admissible as primary evidence in any legal, judicial, or administrative proceeding or action for the purpose of proving the truth of the contents of the photo-reproduced copies of such records or documents, regardless of any rule of evidence or law relating to the proof of such matters, provided the Secretary-Treasurer of the Employees’ Retirement System of Alabama certifies on such copies offered into evidence that the Employees’ Retirement System of Alabama is not in possession of the original and that the copy is a true and correct representation of the original.
(Act 2015-498, §15.)
No other provision of law in any other statute which provides wholly or partly at the expense of the State of Alabama or of any political subdivision thereof for pensions or retirement benefits for employees of the state shall apply to members of the plan established by this article, except as to provisions for coverage under the federal Social Security Act, as may be provided by state and federal laws.
(Act 2015-498, §16.)
The Board of Control 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 plan as may be necessary to ensure the plan’s compliance with the qualification standards required of public pension plans by the Internal Revenue Code of the United States.
(Act 2015-498, §17.)
(Act 2026-202, §1.)
Except as otherwise provided in this chapter, the operating expenses of the Unified Judicial System, exclusive of the expenses of probate courts and municipal courts, shall be paid by the state.
Counties may supplement state expenditures as provided by law.
(Acts 1975, No. 1205, p. 2384, §16-101.)
(a) All counties shall continue from January 16, 1977, through September 30, 1977, to support court services within their respective counties at not less than the same level of expenditures for such court services during the fiscal year ending September 30, 1976; provided, that the county level of expenditure for court services may be decreased to the extent and for individual items, formerly paid by the county, assumed by the state on January 16, 1977.
(b) All authorized appropriations for court services of any kind, including but not limited to, county solicitors, assistant district attorneys and other prosecution and defense expenses, in effect on January 15, 1977, for county courts to be abolished and replaced by district courts and for circuit courts, shall continue to be provided by the counties from January 16, 1977, through September 30, 1977, for district and circuit court services.
(Acts 1975, No. 1205, p. 2384, §4-132.)
The state assumption of financial responsibility for the Unified Judicial System shall be phased over three fiscal years as follows:
(1) The state shall be responsible for the following beginning in the 1975-76 fiscal year:
a. Salaries and expenses of the Supreme Court, the Court of Criminal Appeals and the Court of Civil Appeals;
b. Salaries and expenses of the Judicial Inquiry Commission, the Court of the Judiciary, the Judicial Compensation Commission, the Permanent Study Commission on Alabama’s Judicial System and the Judicial Conference;
c. Salaries and expenses of circuit judges and supernumerary and retired justices and judges;
d. Salaries, including supernumerary salaries and expenses, of court reporters paid by the State of Alabama;
e. Salaries and expenses of the Administrative Office of Courts and the Department of Court Management;
f. State contributions to judicial retirement, unless otherwise provided by law; and
g. Salaries and expenses of public defender programs, to the extent currently funded by the state, instituted by local acts or by general acts of local application.
(2) The state shall be responsible for the following beginning in the 1976-77 fiscal year:
a. All items enumerated in subdivision (1) of this section; and
b. Fees and expenses, from January 16, 1977, forward, of jurors, jury commissions and witnesses, salaries and expenses of district judges and salaries of circuit clerks and registers, and clerical office supplies. All forms, stationery and other printed court supplies may be purchased through the county purchasing agent or in the same manner in which the county purchases such supplies if the county has no purchasing agent, and the cost thereof shall be reimbursed to the county by the state from funds appropriated for such use.
(3) The state shall be responsible for the following beginning in the 1977-78 fiscal year:
a. All items enumerated in subdivisions (1) and (2) above; and
b. Salaries of warrant-issuing magistrates and trial court administrators, expenses for operation of judicial offices and such other expenses and services for which provision is made within the unified judicial budget.
(Acts 1975, No. 1205, p. 2384, §16-103.)
Courtrooms and related judicial and clerical facilities for the district court shall be provided and maintained by the municipalities where the court shall sit other than at the county courthouse, said facilities to be with the approval of the Administrative Director of Courts.
(Acts 1975, No. 1205, p. 2384, §16-106.)
The Administrative Director of Courts shall prepare budget estimates relating to state expenditures for the trial courts of the Unified Judicial System.
(Acts 1975, No. 1205, p. 2384, §16-102.)
The salaries and expenses payable to personnel of the Unified Judicial System out of state funds shall be paid out of the State General Fund upon warrants drawn thereon.
(Acts 1975, No. 1205, p. 2384, §16-104.)
The Administrative Director of Courts shall, with the advice of the Department of Examiners of Public Accounts, establish special procedures for the prompt payment of juror fees, witness fees and any other expenses necessary to the operation of the unified court system as may be provided by law or rule, which special procedures shall be filed with the state Comptroller.
(Acts 1975, No. 1205, p. 2384, §16-105.)
(a) The Administrative Director of Courts shall forthwith inventory all equipment and furniture utilized in the operation of circuit courts and all other trial courts, except probate courts and municipal courts. This inventory shall indicate the agency or office where the property is located, the type and classification of property, its age, its purchase cost and the government agency possessing title. The clerks and registers of the respective circuits and their administrative staffs shall provide assistance in the formulation of the inventory as requested by the Administrative Director of Courts.
(b) The inventory shall be submitted to the county commission for approval. The county commission may object in writing to inclusion of any items in the inventory.
(c) The determination of the Administrative Director of Courts as to the items to be transferred to the state shall be final unless modified by a court of competent jurisdiction.
(Acts 1975, No. 1205, p. 2384, §16-108.)
(a) The county-owned equipment and furniture used in the operation of the judicial system shall become the property of the state as follows:
(1) On January 16, 1977, all county-owned equipment and furniture used by circuit judges and district judges, formerly judges of the courts of the county, other than that used by judges of probate and municipal courts, shall become the property of the state; and
(2) On October 1, 1977, all remaining county-owned property used in the operation of the judicial system shall become the property of the state.
(b) Supplies located in offices covered by the inventory shall become the property of the state on the date when the furniture and equipment in the office or agency becomes the property of the state.
(Acts 1975, No. 1205, p. 2384, §16-107.)
In order to facilitate the prompt purchase and delivery of equipment, clerical office supplies, court forms, stationery and other printed court supplies, hereinafter referred to as “clerical office supplies,” used by and in the offices of circuit judges, district judges, circuit clerks, district clerks, registers, court administrators, official court reporters, magistrates and jury commissions, the presiding circuit judge of each judicial circuit is hereby authorized to administer local purchasing procedures within such judicial circuit and each county thereof as provided in this section.
(1) Not more than 90 days prior to the beginning of each fiscal year, each circuit judge, district judge, circuit clerk, district clerk, register, court administrator, official court reporter, magistrate and each jury commission shall submit to the Administrative Director of Courts a written estimate of the costs of clerical office supplies anticipated to be needed and used for the efficient operation of such court office of such court official during the next fiscal year. The Administrative Director of Courts shall thereupon review each such estimate and shall determine and allocate to each such court office, on a quarterly basis, the amount of funds approved and set aside within the funds appropriated to the Unified Judicial System for the purpose of requisitioning and purchasing such clerical office supplies for each such court office. No such court office shall requisition and purchase such clerical office supplies in excess of the quarterly allotment therefor.
(2) The circuit clerk of each county shall be the local court purchasing agent, hereinafter referred to as the “court agent,” to purchase clerical office supplies for the various court offices within such county; provided, that the presiding circuit judge may designate by instrument in writing such additional court official or officials within the county as local court purchasing agent or agents for any court office or offices other than the office of the circuit clerk. Such clerical office supplies may be requisitioned and purchased on requisition and purchase order forms provided by the Administrative Director of Courts as follows: The court agent shall submit requisitions and purchase orders to the Administrative Director of Courts for his prompt approval therefor in writing; and upon such approval, the court agent shall then purchase such clerical office supplies by delivering such requisition and purchase order to the appropriate vendor for delivery of such clerical office supplies to the court agent together with an itemized invoice therefor. No further approval shall be necessary to authorize the purchase of such clerical office supplies nor obligate funds and the payment therefor notwithstanding any provision contained in Chapter 4 of Title 41 of this code. Upon the receipt of such clerical office supplies and the itemized invoice, the court agent shall promptly execute a material receiving report, approve in writing such invoice for payment and, together with a copy of the requisition and purchase order, forward all such documents to the Administrative Director of Courts, who shall deliver such documents to the state Comptroller for the prompt payment thereof out of funds appropriated to the Unified Judicial System. Each purchase of clerical office supplies by the court agent shall be in conformity with the state competitive bid laws.
(Acts 1978, No. 821, p. 1207, §5.)
(a) Court fees in civil and criminal cases in the circuit court and district court shall be uniform for each type of case and each court level.
(b) The fees prescribed in this chapter shall be exclusive of all other fees, except that:
(1) The Administrative Director of Courts may, pursuant to Supreme Court rule, set schedules of fees for payments to court-appointed officers for preparation of transcripts on appeal and for certification of court records;
(2) Fees now or hereafter imposed by law on parties to civil actions and criminal defendants for support of law libraries, public defender services, work release programs and pretrial release programs shall be retained in the county collecting such fees, to be utilized for the purposes now or hereafter authorized by law;
(3) Any fees for counsel, masters, receivers or other court-appointed officials and other items of expense assessed and fixed by rule of the Supreme Court under authority granted by law may be collected; and
(4) Any fees assessed according to law for judicial administration or court administration funds may be collected and retained by the county collecting such fees.
(Acts 1975, No. 1205, p. 2384, §16-109.)
The Administrative Director of Courts shall prescribe procedures for the collection and distribution of court fees.
(Acts 1975, No. 1205, p. 2384, §16-132.)
(a) In all cases filed in the district or circuit court on or after January 16, 1977, fines, costs and fees shall be assessed and distributed according to this chapter.
(b) In all cases filed prior to January 16, 1977, in the circuit court or courts abolished by Acts 1975, No. 1205, all fines, costs and fees shall be assessed and distributed according to law in existence on date of filings, including moneys collected on or after January 16, 1977.
(c) All costs, fees and other funds collected by courts abolished by Acts 1975, No. 1205 and in the possession of clerks of such courts on January 15, 1977, shall be transferred to the circuit clerk of each county pursuant to rules of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §16-133.)
(a) For each judicial sale in any district or circuit court in this state a fee, which shall equal one percent of the sales price, shall be collected from the proceeds of such sale prior to any other distribution therefrom.
(b) The fee provided herein is in addition to any other fees or costs which may be authorized by law. Fees collected as herein prescribed shall be remitted to the State General Fund.
(c) This section shall apply to any judicial sale in any district or circuit court in this state made on or after October 1, 1984, provided the case was filed after January 15, 1977, and provided further that the provisions of this section shall not apply to any judicial sale in any probate court in this state.
(Acts 1980, No. 80-635, p. 1201; Acts 1981, No. 81-675, p. 1099, §2; Acts 1984, 1st Ex. Sess., No. 84-732, p. 68, §1.)
(a) The increase in fees provided in this act shall in no instance operate to increase the municipal share of the docket fees collected in municipal ordinance cases in the district and circuit courts; any provision of the law to the contrary notwithstanding.
(b) Except for law library fees, the fees and costs prescribed in this act for circuit and district courts shall be exclusive of all other fees and costs that are prescribed by general law for such courts.
(c) The fees and costs provided herein shall be assessed and collected in all civil cases or proceedings filed on or after August 5, 1983 and in all criminal cases wherein the defendant is adjudicated guilty or pleads guilty or where a bond is forfeited and the result of the forfeiture is a final disposition case on or after August 5, 1983.
(Acts 1983, No. 83-744, p. 1225, §§19-21.)
(a) There is hereby imposed an administrative fee of $1.00 to be collected by the clerks of the circuit and district courts and the registers of the circuit courts for the receipt and disbursement of each periodic payment made to their offices under any order, decree or judgment of the circuit or district court which provides for periodic and continuing payments of alimony, child support, or court-ordered restitution, except for payments received from a responding state pursuant to Sections 30-4-80 through 30-4-98. Said fee shall be collected from the individual responsible for the periodic payments at the time each payment is receipted through the office of the clerk or register, whether such payment is collected for the benefit of a private individual or the state, including any department or agency thereof and whether the duty to collect such payments is imposed upon the clerk or register by statute, court rule or order of the court. Provided, however, that in the event the obligor fails to submit sufficient funds to cover the fee and the required payment at the time such payment is made, then said fee shall be deducted from the proceeds of the payment prior to any other distribution thereof, except in cases arising under Title IV-D of the Social Security Act, as amended, and the obligor shall be in default to the obligee for the amount so deducted. Said fee shall be remitted to the State General Fund.
(b) The clerks of the circuit and district courts and the registers of the circuit court shall provide written notice to each person who is currently under an obligation to make periodic payments as provided in subsection (a) if such obligation will continue beyond September 30, 1984, advising them of the administrative fee prescribed herein for the receipt and disbursement of each such payments. Said notice shall be served by first-class mail at the last known address of the obligor, and the date of mailing shall be noted on the case action summary of the underlying case for which said payments are being made. Said fee to become due and payable for any payment as prescribed in subsection (a) made on or after October 1, 1984.
(Acts 1984, 1st Ex. Sess., No. 84-732, p. 68, §§2, 3.)
(a) Probate judges must keep posted, in a conspicuous place in their respective offices, a complete list of all the fees allowed by law to them and must furnish a copy thereof on application.
(b) Any probate judge who fails to comply with the provisions of subsection (a) of this section shall not be authorized to collect or receive any fee for services rendered during such failure.
(Code 1852, §§3064, 3065; Code 1867, §§3535, 3536; Code 1876, §§5018, 5019; Code 1886, §§3666, 3667; Code 1896, §§1354, 1355; Code 1907, §§3694, 3695; Code1923, §§7256, 7257; Code 1940, T. 11, §§2, 3; Acts 1975, No. 1205, p. 2384, §§16-136, 16-137.)
All officers entitled to fees or costs must, on demand, make out a bill of such fees or costs, stating each item distinctly, and, except in cases where it is expressly authorized, no fee shall be charged for taxing costs or furnishing a copy of the bill.
(Code 1852, §§3054, 3058; Code 1867, §§3525, 3529; Code 1876, §§5008, 5012; Code 1886, §3671; Code 1896, §1359; Code 1907, §3699; Code 1923, §7261; Code 1940, T. 11, §5.)
It shall be the duty of the several probate judges to make out an itemized account for their official services before their fees are due and collectible.
(Code 1876, §5031; Code 1886, §3686; Code 1896, §1376; Code 1907, §3721; Code 1923, §7286; Code 1940, T. 11, §33.)
(a) Fees allowed by law in connection with proceedings before probate judges shall be collected either at the time the pleading is filed in probate court or at the termination of the suit, as determined by the court. Fees for transcripts of papers filed in the case to which parties are entitled as of course, shall be due when the service is performed.
(b) In cases where appropriate, the court may order that security deposits be deposited into the probate court to cover expected court costs. Any unused security deposits shall be returned to the person who made the deposit.
(Code 1852, §§3051, 3057; Code 1867, §§3522, 3528; Code 1876, §§5005, 5011; Code 1886, §3668; Code 1896, §1356; Code 1907, §3696; Code 1923, §7258; Code 1940, T. 11, §4; Acts 1975, No. 1205, p. 2384, §16-138; Act 2017-293, §1.)
Persons entitled to an allowance by the county commission for what are commonly called ex officio services shall, before the allowance is made, itemize such services and make oath thereto, as in the case of other claims against the county. The compensation allowed shall be the fair and reasonable value of the services, in no case to exceed $200.00 per annum, unless otherwise provided by law.
(Code 1876, §5025; Code 1886, §3675; Code 1896, §1363; Code 1907, §3703; Code 1923, §7265; Code 1940, T. 11, §9.)
The probate judges must keep constantly in their offices, free to public inspection, a book in which must be entered all fees received by virtue of their office, stating for what and from whom received.
(Code 1852, §3067; Code 1867, §3538; Code 1876, §5021; Code 1886, §3678; Code 1896, §1366; Code 1907, §3706; Code 1923, §7268; Code 1940, T. 11, §30.)
Any officer authorized by law to take fees who knowingly receives any other or higher fees than are prescribed by law shall be liable to the party aggrieved for fourfold the fees so received, to be recovered in any court of competent jurisdiction.
(Code 1852, §3059; Code 1867, §3530; Code 1876, §5013; Code 1886, §3679; Code 1896, §1367; Code 1907, §3707; Code 1923, §7269; Code 1940, T. 11, §12.)
(a) Any probate judge who knowingly receives any other or higher fees than are allowed by law shall forfeit $50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal representative or guardian, shall be assets of the estate. This penalty shall be no bar to an indictment for extortion.
(b) Any probate judge who corruptly receives any fee or item of costs not authorized by law must, on conviction, be fined not less than $100.00 nor more than $500.00, and the grand jury must present an indictment, if justified by the evidence. Upon such conviction, the office shall be vacated and the fact of such conviction shall be certified to the Governor by the presiding judge.
(Code 1852, §§3066, 3068; Code 1867, §§3537, 3539; Code 1876, §§5020, 5022; Code 1886, §§3680, 3927; Code 1896, §§1368, 5104; Code 1907, §§3708, 5104; Code 1923, §§5047, 7270; Code 1940, T. 11, §§31, 32.)
The probate judge must take and approve security for costs in all suits within the jurisdiction of his court commenced by or for the use of a nonresident of this state.
(Code 1886, §2863; Code 1896, §1352; Code 1907, §3692; Code 1923, §7254; Code 1940, T. 11, §64; Acts 1975, No. 1205, p. 2384, §16-148.)
(a) Prepaid fees shall be assessed as additional costs of the proceedings when costs are assessed against the defendant.
(b) A plaintiff may have execution against a defendant for prepaid fees assessed as costs against a defendant by a final judgment.
(c) Execution may be had against a plaintiff when execution against a defendant for unpaid fees results in a sheriff’s return indicating “no property found.”
(Acts 1975, No. 1205, p. 2384, §16-116.)
(a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return of an execution “no property found” against the defendant by the proper officer of the county in which the judgment was entered, or, if the execution is from the Supreme Court or courts of appeals, of the county from which the case was brought, may issue execution against the plaintiff or appellant, as the case may be, for the costs actually created by the plaintiff or appellant, but for none other, to be collected and returned as other executions.
(b) Judgment may be entered on motion in the circuit court of such county, in the name of the clerk or probate judge issuing the execution, against the sheriff or his sureties, or either of them, upon three days’ notice, for dereliction of duty on the part of the sheriff for failing to return, levy or collect such execution so issued against the plaintiff or against the plaintiff and his sureties or against the appellant or against the appellant and his sureties for such costs, as follows:
(1) Twenty percent upon the amount of the execution for failing to return same;
(2) For failing to collect the amount of such execution when the same could have been collected by said sheriff by the use of reasonable diligence, the full amount of such execution and 10 percent on the amount thereof as damages; and
(3) For failure to pay over the amount collected thereon, the full amount of the sum so collected and not paid over and five percent per month damage for each month after demand.
(Code 1852, §3060; Code 1867, §3531; Code 1876, §5014; Code 1886, §3673; Code 1896, §1361; Code 1907, §3701; Code 1923, §7263; Code 1940, T. 11, §7; Acts 1975, No. 1205, p. 2384,§16-140.)
If an appeal to the circuit court is taken in a civil case, the clerk in making records available to the circuit court shall submit a cost bill from the district court and the final assessment of cost will be made in the circuit court.
The appellant shall pay the circuit court docket fee and all unpaid court costs from both district court and circuit court will be assessed as costs on final judgment.
(Acts 1975, No. 1205, p. 2384, §16-115.)
If it shall be made to appear that usurious interest has been intentionally taken or reserved, the defendant shall recover full costs.
(Code 1852, §2377; Code 1867, §2781; Code 1876, §3130; Code 1886, §2839; Code 1896, §1328; Code 1907, §3665; Code 1923, §7225; Code 1940, T. 11, §69.)
When judgment is entered against the plaintiff in any action brought in the name of a nominal plaintiff for the use of another, judgment for costs must be entered against the beneficiary or his personal representative.
(Code 1852, §2383; Code 1867, §2787; Code 1876, §3136; Code 1886, §2845; Code 1896, §1330; Code 1907, §3667; Code 1923, §7227; Code 1940, T. 11, §71.)
(a) If the taxation of costs by a probate court is excessive by charging the costs of witnesses who were not examined, by charging costs to an improper party or by taxing costs contrary to law, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk has erred. This section shall apply to costs taxed in probate courts in all cases and proceedings where such courts have jurisdiction, and any aggrieved party to any case or proceeding may move the circuit court in the county where such case or proceeding is pending for a retaxation of such costs, setting forth the particulars wherein such probate court costs were improperly taxed. Such motion may be heard on five days’ notice to the officers or persons claiming said fees or costs, and the same shall be passed on by the judge as other motions are heard and passed upon. From a judgment or order refusing or granting any motion made under this section, an appeal lies to the Supreme Court as in other cases.
(b) If execution has issued in any such case, the party complaining thereof, or his attorney, may file a written application with the clerk, which must be spread upon the motion docket, for a retaxation of the costs, setting forth in what the alleged error consists, and the clerk must issue an order to the sheriff directing him to abstain from the collection of the disputed items of cost until the further order of the court on said application for a retaxation thereof.
(Code 1852, §§2394, 2395; Code 1867, §§2799, 2800; Code 1876, §§3146, 3157; Code 1886, §§2855, 2856; Code 1896, §§1344, 1345; Code 1907, §§3684, 3685; Acts 1911, No. 83, p. 90; Code 1923, §§7247, 7248; Code 1940, T. 11, §§77, 78.)
(a) There shall be a consolidated civil filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed in circuit court or in district court.
(b) The docket fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship pursuant to the income guidelines provided in paragraphs a. and b. of subdivision (4) of Section 15-12-1. A verified statement of substantial hardship, signed by the party claiming hardship, shall be filed with the clerk of court. The accompanying pleading shall be considered filed on the date that the verified statement of substantial hardship is filed with the court. If, within 90 days of the filing, the court makes a written finding that the party claiming hardship has the resources to pay the docket fee without substantial hardship, the party shall have 30 days from the date of the written finding of the court to submit payment of the docket fee or the case shall be dismissed for lack of jurisdiction. Until such time as the plaintiff pays the docket fee, the court shall stay the proceedings and the summons or other process for service shall not issue.
(c) If, within 90 days of the filing, the court does not make a written finding that the party claiming hardship has the resources to pay the fee without substantial hardship, the hardship shall be deemed granted.
(d) If a hardship is granted pursuant to subsection (c), the party claiming the hardship shall file written notice with the clerk’s office that 90 days has passed since the time of filing the affidavit of substantial hardship. Failure of the party claiming the hardship to file the notice under this subsection shall have no effect upon the granting of the affidavit of substantial hardship or the date the accompanying pleading shall be considered filed.
(e) Pursuant to the notice requirement under subsection (d), the clerk of the court shall provide a form notice to the party filing an affidavit of substantial hardship and accompanying pleading. The notice shall be in substantially the following form:
“I, (insert name of affiant), declare that on (insert date the affidavit of substantial hardship and accompanying pleading were filed), I filed an affidavit of substantial hardship and (insert name of accompanying pleading). As of (insert 90-day expiration date), the court has not made a written finding that I have the resources to pay the fee without substantial hardship and I hereby notify the clerk of the court that my affidavit of substantial hardship is deemed granted by law.
“________________________ (Signature of Affiant)”
(f) Notwithstanding subsection (d), if the clerk of the court receives verbal or written notice from any party, the court, or other means, that a hardship has been granted pursuant to subsection (c), the clerk shall enter the notice and docket the pleading.
(Acts 1975, No. 1205, p. 2384, §16-110; Act 2019-373, §1.)
(a) The filing fees that shall be collected in civil cases shall be:
(1) Thirty-five dollars ($35) for cases filed on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or less; provided, however, if attorney fees have been allowed by applicable state law or contract, the amount of these fees shall be added to the amount of the matter in controversy above in determining the jurisdictional amount.
(2) One hundred nine dollars ($109) for cases filed on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, exceeds one thousand five hundred dollars ($1,500) but does not exceed three thousand dollars ($3,000); provided, however, if attorney fees have been allowed by applicable state law or contract, the amount of these fees shall be added to the amount of the matter in controversy above in determining the jurisdictional amount.
(3) One hundred ninety-eight dollars ($198) for cases otherwise filed in the district court, including cases on the small claims docket, in which the matter in controversy, exclusive of interest, costs, and attorney fees, exceeds three thousand dollars ($3,000) but does not exceed twenty thousand dollars ($20,000); provided, however, if attorney fees have been allowed by applicable state law or contract, the amount of these fees shall be added to the amount of the matter in controversy above in determining the jurisdictional amount.
(4) Two hundred ninety-seven dollars ($297) for cases filed in the circuit court other than cases filed on the domestic relations docket of the circuit court. Notwithstanding any other provision of law, the docket fee shall be one hundred ninety-seven dollars ($197) for civil cases in circuit court in which the matter of controversy, exclusive of interest, costs, and attorney fees, does not exceed fifty thousand dollars ($50,000); provided, however, if attorney fees have been allowed by applicable state law or contract, the amount of these fees shall be added to the amount of the matter in controversy above in determining the jurisdictional amount. However, if any plaintiff files an addendum to increase the damages requested to an amount that exceeds fifty thousand dollars ($50,000), or if the plaintiff fails to specify the amount in the filing, then the fee shall be two hundred ninety-seven dollars ($297) and distributed as provided for in subdivision (4) of Section 12-19-72.
(5) One hundred forty-five dollars ($145) for cases filed on the domestic relations docket of the circuit court in which the circuit clerk determines that the cases are uncontested at the time of filing. A case is considered uncontested if a complaint, an answer, and an agreement of the parties is filed in the circuit court.
(6) One hundred forty-five dollars ($145) for cases filed on the domestic relations docket of the circuit court in which the circuit clerk determines that the cases are contested at the time of filing.
(7)a. Except as provided in paragraph b., two hundred forty-eight dollars ($248) for cases filed in the domestic relations docket of the circuit court seeking to modify or enforce an existing domestic relations court order.
b. No filing fee may be collected for a motion for a qualified domestic relations order which is filed within 120 days of the date of the final order. For the purposes of this paragraph, the term “qualified domestic relations order” has the same meaning as 26 U.S.C. § 414(p).
(8) Two hundred ninety-seven dollars ($297) for a counterclaim, a cross claim, a third party complaint, a third party motion, or an action for a declaratory judgment filed in a civil action of the circuit court other than cases filed on the domestic relations docket of the circuit court.
(9) Two hundred ninety-seven dollars ($297) on a motion or complaint to appear as an intervenor or a third party plaintiff in a civil action of the circuit court other than cases filed on the domestic relations docket of the circuit court.
(10)a. Except as provided in paragraph b., fifty dollars ($50) on a dispositive motion filed by any party in a civil action of the district or circuit court seeking any of the following:
A judgment on the pleadings pursuant to Rule 12(c), Alabama Rules of Civil Procedure.
A default judgment pursuant to Rule 55(b), Alabama Rules of Civil Procedure.
A summary judgment pursuant to Rule 56, Alabama Rules of Civil Procedure.
b. The filing fee in paragraph a. may not be collected in small claims cases where the amount in controversy does not exceed three thousand dollars ($3,000).
(11) In addition to the filing fees provided in subdivisions (1), (2), and (3), an additional fifty dollars ($50) shall be charged for each additional plaintiff in those cases filed; provided, however, that regardless of the number of additional plaintiffs, not more than five hundred dollars ($500) in total additional plaintiff filing fees may be charged in any one case filed. The court may remit any of the additional fifty dollar ($50) charges if any of the additional plaintiffs provide proof to the court that the fees should not be charged. Nothing in this subdivision shall be interpreted as establishing a maximum number of plaintiffs.
(12) In addition to the filing fees provided in subdivision (4), an additional one hundred dollars ($100) shall be charged for each additional plaintiff in those cases filed; provided, however, that regardless of the number of additional plaintiffs, not more than one thousand dollars ($1,000) in total additional plaintiff filing fees may be charged in any one case filed. The court may remit any of the additional one hundred dollar ($100) charges if any of the additional plaintiffs provide proof to the court that the fees should not be charged. Nothing in this subdivision shall be interpreted as establishing a maximum number of plaintiffs.
(13) An additional one hundred dollars ($100) to be paid at the time the jury is demanded by any party demanding a jury.
(b) The fees provided in subdivisions (8) and (9) shall not be charged to a plaintiff suing for loss of consortium who is a spouse of a plaintiff listed in a case.
(c)(1) Notwithstanding any other provision of Act 2004-636 to the contrary, there shall be no increase in the filing fee for any workers’ compensation case filed in circuit court.
(2) Notwithstanding any other provision of Act 2004-636 to the contrary, Act 2004-636 shall not affect any local court filing fees established by local act unless specifically provided for in Act 2004-636.
(d) Nothing in Act 2004-636 shall limit a judge’s authority to allow a civil case to proceed at no cost to a party upon the judge’s approval of an affidavit of substantial hardship.
(Acts 1975, No. 1205, p. 2384, §16-111; Acts 1983, No. 83-744, p. 1225, §1; Acts 1987, No. 87-405, p. 575, §1; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1; Act 2004-636, p. 1452, §§1, 3, 5; Act 2015-224, p. 658, §1; Act 2019-405, §1; Act 2024-449, §1.)
The filing fees collected in civil cases shall be distributed as follows:
(1) For cases filed on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or less, seventeen dollars ($17) to the Fair Trial Tax Fund; thirteen dollars ($13) to the State General Fund; and five dollars ($5) to the county general fund.
(2) For cases on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, exceeds one thousand five hundred dollars ($1,500) but does not exceed three thousand dollars ($3,000), twenty-one dollars ($21) to the Fair Trial Tax Fund; seventy-five dollars ($75) to the State General Fund; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and eight dollars ($8) to the county general fund.
(3) For other district court cases, including small claims cases, in which the matter in controversy, exclusive of interest, costs, and attorney fees, exceeds three thousand dollars ($3,000) but does not exceed ten thousand dollars ($10,000), twenty-one dollars ($21) to the Fair Trial Tax Fund; one hundred fifty-nine dollars fifty cents ($159.50) to the State General Fund, eighty-four dollars fifty cents ($84.50) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and twelve dollars fifty cents ($12.50) to the county general fund.
(4) For cases filed in circuit court other than cases filed on the domestic relations docket of the circuit court, twenty-five dollars ($25) to the Fair Trial Tax Fund; two hundred forty-six dollars seventy-five cents ($246.75) to the State General Fund, one hundred forty-one dollars seventy-five cents ($141.75) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and twenty dollars twenty-five cents ($20.25) to the county general fund.
(5) For other circuit court cases in which the matter in controversy, exclusive of interest, costs, and attorney fees, does not exceed fifty thousand dollars ($50,000), twenty-five dollars ($25) to the Fair Trial Tax Fund; one hundred fifty-three dollars fifty cents ($153.50) to the State General Fund, forty-eight dollars fifty cents ($48.50) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and thirteen dollars fifty cents ($13.50) to the county general fund.
(6) For uncontested and contested cases filed on the domestic relations docket in circuit court, twenty-five dollars ($25) to the Fair Trial Tax Fund; one hundred five dollars ($105) to the State General Fund; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and ten dollars ($10) to the county general fund.
(7) For cases filed on the domestic relations docket of the circuit court seeking to modify or enforce an existing domestic relations court order, twenty-five dollars ($25) to the Fair Trial Tax Fund; two hundred one dollars ($201) to the State General Fund, ninety-six dollars ($96) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and seventeen dollars ($17) to the county general fund.
(8) For a counterclaim, cross claim, third party complaint, third party motion or an action for a declaratory judgment filed in a civil action of the circuit court and for a motion or complaint to appear as an intervenor or a third party plaintiff in a civil action of the circuit court other than cases filed on the domestic relations docket of the circuit court, twenty-five dollars ($25) to the Fair Trial Tax Fund; two hundred thirty-six dollars seventy-five cents ($236.75) to the State General Fund, two hundred thirty-six dollars seventy-five cents ($236.75) of which shall be for judicial and public safety functions; five dollars ($5) to the Advanced Technology and Data Exchange Fund; and thirty dollars twenty-five cents ($30.25) to the county general fund.
(9) For any fifty dollar ($50) fee collected for each additional plaintiff in civil cases filed on the small claims docket of the district court where the amount in controversy does not exceed three thousand dollars ($3,000), forty-six dollars fifty cents ($46.50) shall be distributed to the State General Fund for judicial and public safety functions and three dollars fifty cents ($3.50) shall be distributed to the county general fund.
(10) For any fifty dollar ($50) fee collected for each additional plaintiff in civil cases filed in the district court, including small claims cases where the amount in controversy exceeds three thousand dollars ($3,000), as well as, any fifty dollar ($50) fee for any party filing a dispositive motion, i.e., a motion for a judgment on the pleadings, a default judgment, or a summary judgment, forty-five dollars ($45) shall be distributed to the State General Fund for judicial and public safety functions and five dollars ($5) shall be distributed to the county general fund.
(11) For any one hundred dollar ($100) fee collected for each additional plaintiff in civil cases filed in the circuit court, ninety-three dollars ($93) shall be distributed to the State General Fund for judicial and public safety functions and seven dollars ($7) shall be distributed to the county general fund.
(12) Ten dollars ($10) of all sums paid pursuant to subdivision (13) of Section 12-19-71 shall be paid to the Fair Trial Tax Fund; eighty-six dollars fifty cents ($86.50) to the State General Fund, forty-five dollars fifty cents ($45.50) of which shall be for judicial and public safety functions; and three dollars fifty cents ($3.50) shall be distributed to the county general fund.
(Acts 1975, No. 1205, p. 2384, §16-112; Acts 1983, No. 83-744, p. 1225, §2; Acts 1987, No. 87-405, p. 575, §2; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1; Act 2004-636, p. 1452, §1; Act 2015-224, §1.)
(a) The following defendant service fees shall be collected in civil cases in circuit court and district court: For each defendant in excess of one, where personal service is required, there shall be collected a service fee of $10.00; provided, however, where service on any defendant is by publication or by registered mail, the actual cost of such service shall be collected as the service fee. All service fees shall be paid at the time of filing; except, that prepayments shall not be required if the court finds that payment of such fee will constitute a substantial hardship. A verified statement, signed by the plaintiff and approved by the court, shall be filed with the clerk of court attesting to such substantial hardship.
(b) Fees for personal service collected in civil cases shall be distributed as follows: The first $3.00 of each such service fee shall be paid to the county general fund, and the balance thereof shall be paid to the State General Fund.
(Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; Acts 1976, No. 564, p. 763; Acts 1983, No. 83-744, p. 1225, §3; Acts 1987, No. 87-405, p. 575, §3.)
(a) In civil cases in circuit court and district court, for the issuance of witness subpoenas a fee of twelve dollars ($12) shall be collected for each subpoena. Subpoena fees shall be paid at the time the subpoena is requested unless the court has approved an affidavit of substantial hardship on behalf of the party requesting the subpoena(s).
(b) Seven dollars fifty cents ($7.50) of each subpoena fee collected in civil cases in circuit and district court shall be distributed to the county general fund and four dollars fifty cents ($4.50) shall be distributed to the State General Fund, one dollar fifty cents ($1.50) of which shall be for judicial and public safety functions
(Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; Acts 1976, No. 564, p. 763; Acts 1983, No. 83-744, p. 1225, §4; Acts 1987, No. 87-405, p. 575, §4; Act 2004-636, p. 1452, §1.)
(a) In civil cases in circuit court and district court there shall be collected a fee for the initiation of each of the following postjudgment proceedings: Attachment, garnishment, and execution. The fee for such proceeding shall be paid at the time the proceeding is initiated.
(b) The amounts of the postjudgment fees shall be as follows:
(1) Twenty-eight dollars ($28) for attachment;
(2) Twenty-eight dollars ($28) for garnishment; and
(3) Twenty-eight dollars ($28) for execution.
(c) The postjudgment fees collected in civil cases shall be distributed as follows:
(1) Twenty-two dollars seventy-five cents ($22.75) of the attachment fee to the State General Fund, ten dollars seventy-five cents ($10.75) of which shall be for judicial and public safety functions; five dollars twenty-five cents ($5.25) of the attachment fee to the county general fund.
(2) Twenty-two dollars seventy-five cents ($22.75) of the garnishment fee to the State General Fund, ten dollars seventy-five cents ($10.75) of which shall be for judicial and public safety functions; five dollars twenty-five cents ($5.25) of the garnishment fee to the county general fund.
(3) Twenty-one dollars forty cents ($21.40) of the execution fee to the State General Fund, sixteen dollars forty cents ($16.40) of which shall be for judicial and public safety functions; six dollars sixty cents ($6.60) of the execution fee to the county general fund.
(Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; Acts 1976, No. 564, p. 763; Acts 1983, No. 83-744, p. 1225, §5; Acts 1987, No. 87-405, p. 575, §5; Act 2004-636, p. 1452, §1.)
[Repealed]
Repealed by Act 2006-414, p. 1027, §2, effective July 1, 2006.
(Acts 1976, No. 564, p. 763; Act 2003-402, p. 1170, §1.)
(a) The following fees for service provided by the probate offices shall be charged and paid into the county treasury or to the judge of probate as may be authorized or required by law:
(1) Probate of will of not more than five pages, whether contested or not, with three certified copies of letters and including final settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over five pages in length and for final settlements in excess of 10 pages in length shall be made ..... $45.00
(2) Grant of letters of administration with three certified copies of letters of administration and including final settlement when not more than 10 pages (when over 10 pages an additional charge of $3.00 per page) ..... 45.00
(3) Grant of letters of guardianship or conservatorship, three certified copies ..... 20.00
(4) Partial or final settlement of guardianship or conservatorship ..... 15.00
(5) Each additional certified copy of letters testamentary, letters of administration, or letters of guardianship or conservatorship ..... 3.00
(6) Proceedings in filing and granting petition of adoption, including one certified copy of decree for petitioner, one certified copy for the Department of Human Resources, and one copy to the State Bureau of Vital Statistics. (Fee shall apply to each child adopted) ..... 75.00
(7) Proceedings in legitimations, fee to apply to each child ..... 15.00
(8) Proceedings in change of name ..... 15.00
(9) Proceedings to set aside exemptions pursuant to Sections 43-8-110, 43-8-111, 43-8-112, and 43-8-113 ..... 35.00
(b) Fees for services other than those specified in subsection (a) shall be:
(1) Filing petitions and other papers, each .... 3.00
(2) Docketing cause ..... 10.00
(3) Issuing each citation, summons, writ, execution for cost or other notice required by law ..... 3.00
(4) Issuing subpoenas to witnesses, each ..... 3.00
(5) Witnesses certificate ..... 3.00
(6) Order of publication ..... 3.00
(7) Posting order of publication, each ..... 3.00
(8) Notice by mail to creditor and heirs, each ..... 3.00
(9) Each notice not otherwise provided for ..... 3.00
(10) Issuing commission to take testimony ..... 10.00
(11) Entering returns of sheriff, printer, or commissioner, each ..... 3.00
(12) Appointment of guardian ad litem, special attorney, or administrator ad litem ..... 5.00
(13) Approving bonds ..... 10.00
(14) Presiding in noncontested cause or examining papers, pleadings, taking testimony, etc. ..... 10.00
(15) Presiding in contested cause, per day ..... 25.00
(16) Examining vouchers, each ..... 1.00
(17) Examining and entering decree or other order ..... 3.00
(18) Drafting decree ..... 10.00
(19) Each certificate with seal 3.00
(20) Each certificate without seal ..... 3.00
(21) Filing and docketing each claim ..... 3.00
(22) Filing and recording, including recording documents filed for record, irrespective of size type, per page ..... 3.00
(23) Filing and recording all oil, gas, mineral and/or coal leases, per page ..... 3.00
(24) If the instrument conveys any interest in real or personal property within this state and recites more than two grantors or grantees, mortgagors or mortgagees, lessors or lessees, transferors or transferees, assignors or assignees, buyers or sellers, or vendors or vendees, an additional fee for indexing each name in excess of two entered in the direct index or two entered in the reverse index ..... 1.00
(25) Copy of an instrument, per page ..... 1.00
(26) Each entry of an estray, to be paid by taker ..... 3.00
(27) Each record of a mark or brand ..... 3.00
(28) Filing and recording certificate of incorporation organized as a profit-making organization ..... 50.00
(29) Filing and recording certificate of incorporation organized as a nonprofit corporation ..... 15.00
(30) Each certificate given under Title 22 in relation to hospitals, diseases, infection, and quarantine ..... 3.00
(31) Each satisfaction of a mortgage ..... 3.00
(32) Issuing and recording marriage license ..... 10.00
(33) Celebrating rites of matrimony ..... 15.00
(34) Proceedings to correct record of marriage ..... 15.00
(35) Recording certificates of judgment ..... 3.00
(36) Administering oath for affidavit ..... 3.00
(37) Issuing writs of ad quod damnum for the erection of dams or public mills ..... 15.00
(38) Establishing facts of birth ..... 15.00
(39) Proceedings appointing notary public and recording ..... 15.00
(40) Hearing pertaining to mental illness ..... 25.00
(41) Restoration to capacity ..... 15.00
(42) Taking questions and answers and recording the same in proceedings to perpetuate testimony, per page ..... 5.00
(43) Trying and sealing weights and measures, for each weight and measure sealed, to be paid by the person for whom the service is performed ..... .50
(44) Fees on all sums paid to the probate judge as escheats, two percent of total amount.
(45) Recording or copying plats, for each lot contained therein, $1.00 per lot, but in no case more than $200.00 for one map, nor less than $15.00 for one map.
(46) Presiding over the county commission and keeping minutes of the county commission, for each day ..... 10.00
(47) For recording minutes and proceedings of the county commission, for each page or fraction thereof ..... 2.00
(48) Discharging his or her duties in relation to public roads, on proof to the county commission that he or she had discharged such duties, annually, to be paid out of the county treasury or, in the discretion of the county commission, to be paid out of the county gasoline tax fund, not exceeding ..... 400.00
(49) For certifying record on appeal under either Rule 10 (d) or (e) of the Alabama Rules of Appellate Procedure ..... 15.00
(50) All other official duties, for the compensation of which no express provision is made by law, such sum as may be allowed by the county commission to be paid out of the county treasury, not exceeding $500.00 per annum.
(51) Commissions on state and county licenses issued in the probate office, five percent on the amount collected and paid over.
(c) For any proceeding in the probate court or for receiving, keeping and paying out money or distributing money where there is no fee now allowed by law, the same fees shall be charged as are now allowed to the register in the circuit court as provided for in subdivision (3) of Section 12-19-71. Provided, however, for any proceeding under the equity power of the probate court the same fees shall be charged as are provided in this section.
(d) This section shall not repeal, amend nor affect any local law or general law of local application prescribing fees for judges of probate.
(e) The increases provided in subsections (a) and (b) by Act 2000-108 shall not apply to counties in Category 2 as defined in Section 11-2A-1 or to Cullman County.
(Code 1852, §3046; Code 1867, §3517; Code 1876, §5030; Code 1886, §3685; Code 1896, §1375; Code 1907, §3720; Acts 1911, No. 196, p. 154; Code 1923, §7285; Acts 1935, No. 194, p. 256; Code 1940, T. 11, §29; Acts 1951, No. 46, p. 255; Acts 1953, No. 882, p. 1184; Acts 1975, No. 556, p. 1259, §§1, 3; Acts 1975, 4th Ex. Sess., No. 150, p. 2892, §1; Acts 1984, No. 84-446, p. 1040, §1; Act 2000-108, p. 148, §§9, 10.)
[Repealed]
Repealed by Act 2000-108, p. 148, §8, effective October 1, 2000.
(Acts 1984, No. 84-446, p. 1040, §8.)
(a) The clerks of the courts of appeal shall be entitled to receive the following fees for the following services, to be paid to the treasurer as provided in this article:
(1) Docketing each case ..... $ .30
(2) Entering each appearance, to include all attorneys appearing on the same side for the same parties ..... .30
(3) Each bond ..... .50
(4) Each appeal ..... .50
(5) Each order ..... .50
(6) Each continuance ..... .25
(7) Each judgment ..... 1.00
(8) Each mandate or certificate to the court below ..... 2.00
(9) Each writ in the nature of scire facias, certiorari, mandamus, prohibition or other similar writ ..... 1.00
(10) Filing the same with return ..... .20
(11) Each writ of execution ..... 1.00
(12) Taxing costs, copying and entering satisfaction ..... .85
(13) Copying opinions, record or paper, in his office, for each 100 words ..... .15
(14) In each case an additional fee of ..... 4.00
(b) For petitions for certiorari to the Court of Criminal Appeals, the Clerk of the Supreme Court shall be entitled to receive as assessment of costs the amount of $25.00.
(c) The docket fee as hereinafter prescribed shall be paid to the clerk of the appropriate appellate court, unless otherwise excepted, as follows:
(1) Appeals in civil cases, review by certiorari in workers’ compensation cases, and review by certiorari of the decisions and judgments of trial courts in cases where review by appeal is not provided for and from decisions of boards and agencies where review by petition in the appropriate appellate court is provided by law, the docket fee to be paid at the time of the filing of the petition or notice of appeal ..... $100.00.
(2) The docket fee herein prescribed shall be in lieu of all other court costs in the particular proceeding before the appellate court unless otherwise set by the court, and may be taxed as costs.
(Code 1852, §3045; Code 1867, §3516; Code 1876, §5029; Code 1886, §3684; Code 1896, §1374; Code 1907, §3719; Code 1923, §7284; Code 1940, T. 11, §28; Acts 1983, No. 83-744, p. 1225, §18; Acts 1984, No. 84-259, p. 431, §1; Act 2014-346, p. 1289, §1(b)(2).)
(a) Constables shall be entitled to the following fees for the following services in civil cases in which the amount in controversy is less than $20.00:
(1) Serving summons$.50(2) Summoning each witness .25(3) Levying an attachment for not more than $50.00 .75(4) Levying an attachment for more than $50.00 1.00(5) Levying an execution for not more than $50.00 .50(6) Levying an execution for more than $50.00 1.00(7) Making money on execution, two percent on the amount collected, but in no case less than .50(8) Serving notice on each party therein named .25(9) Serving notice in the nature of scire facias .50(10) Taking any bond required by law .50(11) Keeping property levied on, such sum as a judge may order to be paid out of the money in the hands of the constable arising from the sale (12) In cases of forcible entry and detainer, and unlawful detainer, for serving summons and writ 1.00(13) For executing writ of restitution in such cases 2.00(14) For other services in such cases, the same fees as in other cases
(b) In civil cases, the fees of constables shall be the same as the sheriff’s fees on December 18, 1973, when performing the same or like services, where the amount in controversy is twenty dollars ($20) or more, except in Jefferson County where constables shall receive an administrative fee of ten dollars ($10) for each process or alias process issued to the constable and a fee of ten dollars ($10) for actual service of each process, and a gasoline allowance of ten dollars ($10) for the actual service of each process.
(Code 1852, §3050; Code 1867, §3521; Code 1876, §5034; Code 1886, §3690; Code 1896, §1380; Code 1907, §3725; Code 1923, §7290; Code 1940, T. 11, §39; Acts 1975, No. 1205, p. 2384, §16-145; Acts 1979, No. 79-745, p. 1321; Acts 1985, 2nd Ex. Sess., No. 85-977, p. 324; Acts 1987, No. 87-784, p. 1536; Act 99-529, p. 1155, §1; Act 2015-352, §1.)
The coroners shall be entitled to receive, for services rendered by them in civil cases, the same fees as were allowed to sheriffs for like services on December 18, 1973.
(Code 1886, §3688; Code 1896, §1378; Code 1907, §3723; Code 1923, §7288; Code 1940, T. 11, §37; Acts 1975, No. 1205, p. 2384, §16-144.)
Fees due to constables and coroners for services in connection with district and circuit court proceedings shall be payable from the county treasury upon a sworn statement certified by the circuit clerk and shall not affect the collection and distribution of uniform fees.
(Acts 1975, No. 1205, p. 2384, §16-113; 1976, No. 564, p. 763.)
No coroner or constable shall collect or reserve commissions on costs taxed in an execution put in his hands. The commissions allowed by law shall be collected or received only on the principal, damages and interest of the execution.
(Code 1852, §3062; Code 1867, §3533; Code 1876, §5016; Code 1886, §3672; Code 1896, §1360; Code 1907, §3700; Code 1923, §7262; Code 1940, T. 11, §6; Acts 1975, No. 1205, p. 2384, §16-139.)
Coroners or constables shall not be entitled to full commissions until after actual levy of execution on property of the defendant and the money made or paid to the plaintiff in execution, and then only on the amount actually collected or paid.
(Code 1852, §3055; Code 1867, §3526; Code 1876, §5009; Code 1886, §3669; Code 1896, §1357; Code 1907, §3697; Code 1923, §7259; Code 1940, T. 11, §35; Acts 1975, No. 1205, p. 2384, §16-142.)
When the coroner or constable has levied execution and, before sale, it is stayed by order of the plaintiff, the coroner or constable so levying shall receive only half commission.
(Code 1852, §3056; Code 1867, §3527; Code 1876, §5010; Code 1886, §3670; Code 1896, §1358; Code 1907, §3698; Code 1923, §7260; Code 1940, T. 11, §36; Acts 1975, No. 1205, p. 2384, §16-143.)
Clerks of the circuit courts and registers of the circuit courts are prohibited from receiving any fees or allowances out of the county treasury for keeping direct and reverse indexes to books and records required by law.
(Code 1876, §5023; Code 1886, §3674; Code 1896, §1362; Code 1907, §3702; Code 1923, §7264; Code 1940, T. 11, §8.)
Regular and tales jurors serving in the circuit court in civil cases are entitled to the same fees and allowances as provided by law for criminal cases, to be evidenced and paid in the same manner.
(Code 1852, §794; Code 1867, §§3467, 4345; Code 1876, §§5049, 5056; Code 1886, §3691; Code 1896, §1381; Code 1907, §3726; Code 1923, §7291; Code 1940, T. 11, §14.)
Jurors in the probate court are entitled to the same pay as in the circuit court, except as otherwise provided in this article, upon the certificate of the probate judge stating the number of miles traveled and the amount of compensation to which they are entitled, to be paid in the same manner as jurors in the circuit court.
(Code 1876, §5064; Code 1886, §3696; Code 1896, §1386; Code 1907, §3729; Code 1923, §7294; Code 1940, T. 11, §17.)
The viewing jurors in cases of erection of dams and establishment of public mills and all jurors summoned under writs of ad quod damnum are each entitled to $5.00 per day, to be paid by the applicant before return of verdict.
(Code 1852, §2114; Code 1867, §2506; Code 1876, §5052; Code 1886, §3693; Code 1896, §1383; Code 1907, §3727; Code 1923, §7292; Code 1940, T. 11, §15; Acts 1951, No. 625, p. 1079, §1.)
Jurors summoned under the provisions of this code to pass upon the soundness of mind of a person, with a view to the appointment of a guardian, are each entitled to receive $5.00 per day of attendance, to be paid on the certificate of the probate judge in the same manner as regular jurors are paid.
(Code 1852, §2763; Code 1867, §3202; Code 1876, §5054; Code 1886, §3695; Code 1896, §1385; Code 1907, §3728; Code 1923, §7293; Code 1940, T. 11, §16; Acts 1951, No. 625, p. 1079, §2; Acts 1975, No. 1205, p. 2384, §16-141.)
In civil cases in circuit court and district court, witness fees shall be collected in the amount prescribed by law and shall be distributed to witnesses pursuant to law.
(Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; 1976, No. 564, p. 763.)
(a) Witnesses shall be allowed $1.50 per day in civil cases; also, $.05 per mile for each mile to and from their residence by the usual traveled route and all necessary ferriage, tolls of turnpikes and toll bridges, whether attending under subpoena or at the request of the party.
(b) A witness shall charge for his mileage and attendance but on one side of the same case, and a witness attending in more cases than one at the same time shall only be entitled to a fee in one case, to be selected by him while so attending; but if, after the case in which he elects to claim his fees is disposed of, his attendance is required in the other case or cases, he shall for such attendance be entitled to claim his per diem in such other case or, if more than one, in the one which he may elect to claim his fees, and so on, until all the cases in which he is required to attend are disposed of by trial, continuance or otherwise; but no witness shall receive his per diem in more than one case for the same day.
(Code 1852, §§2379, 2382; Code 1867, §§2783, 2786; Code 1876, §§3132, 3135; Code 1886, §§2841, 2844; Code 1896, §§1336, 1339; Code 1907, §§3673, 3676; Code 1923, §§7233, 7236; Code 1940, T. 11, §§44, 47.)
(a) After the trial, continuance of the cause or discharge of the witness, the clerk must, on his application and upon his oath, give the witness a certificate setting forth the cause in which he was a witness, the party by whom he was summoned or on whose request he attended, the number of day he attended as a witness and the sum to which he is entitled for his attendance, travel, ferriage and tolls, which he must also enter, either upon the subpoena docket or book to be kept for that purpose.
(b) The witness must prove his attendance within five days after his attendance as such witness.
(Code 1852, §§2380, 2381; Code 1867, §§2784, 2785; Code 1876, §§3133, 3134; Code 1886, §§2842, 2843; Code 1896, §§1337, 1338; Code 1907, §§3674, 3675; Code 1923, §§7234, 7235; Code 1940, T. 11, §§45, 46.)
The certificate issued to the witness entitles him to demand, of the party summoning or at whose request he attended, the amount therein stated and is presumptive evidence that such amount is due in any proceeding instituted for its recovery; and, if in any civil case, on demand therefor of the party, his agent or attorney, the same is not paid, the witness is not obliged to appear again as a witness in the same case until his fees are paid.
(Code 1852, §2388; Code 1867, §2793; Code 1876, §3141; Code 1886, §2850; Code 1896, §1341; Code 1907, §3678; Code 1923, §7238; Code 1940, T. 11, §49.)
(a) Upon the final disposition of any civil case, the amount proved by the witnesses, as provided in this article, must be taxed in the bill of costs against the rightful party, setting forth the name of each witness and the amount allowed him, which must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon, is produced to the sheriff.
(b) Not more than two witnesses shall be taxed in any bill of costs who were called to prove any one matter of fact or, having been subpoenaed, were not examined unless the court, upon a motion to retax the costs, should, in its discretion, consider that the circumstances of the case warranted the examining or summoning of more than two witnesses for the proof of a particular fact or unless such witnesses were summoned or examined to assail or defend the reputation of a witness for veracity or to assail or to establish the character of a party when character is put in issue.
(Code 1852, §§2387, 2392; Code 1867, §§2792, 2797; Code 1876, §§3140, 3144; Code 1886, §§2849, 2853; Code 1896, §§1340, 1342; Code 1907, §§3677, 3679; Code 1923, §§7237, 7239; Code 1940, T. 11, §§48, 50.)
Witnesses in proceedings in probate court are entitled to the same fees as in circuit court, to be taxed as costs, except in inquisition proceedings regarding mental illness, in which they shall receive $.75 per day, to be taxed and collected the same as fees or compensation of jurors in such cases as provided by Section 12-19-113.
(Code 1907, §3681; Code 1923, §7241; Code 1940, T. 11, §52.)
Witnesses summoned in ad quod damnum proceedings, to assess the damages to real estate from taking land, are entitled to the same fees and allowances as in the circuit court, to be taxed as costs.
(Code 1876, §5060; Code 1886, §3698; Code 1896, §1388; Code 1907, §3683; Code 1923, §7243; Code 1940, T. 11, §54.)
Any person entitled to such witness fees shall present his claim for payment to the court clerk within three months from the date of its collection by the clerk, by presenting the witness certificate or by filing an affidavit showing its loss and his right and title to the payment, and said court clerk, upon such presentation, shall pay out of state funds to the person presenting said claim the amount shown to be due him.
All claims for witness fees shall be forever barred after three months from the time such fees are collected and subject to disbursement.
(Code 1923, §7245; Acts 1939, No. 33, p. 34; Code 1940, T. 11, §56; Acts 1975, No. 1205, p. 2384, §16-146.)
All court clerks in this state, upon the expiration of their several terms of office, shall pay over to their several successors in office all witness fees in their hands and which have been collected by them and which have not been paid into the State Treasury and shall furnish such successor a full and complete statement showing the names of all witnesses for whom said fees were collected, the date of the collection, the amount due each of the witnesses, the court, the style of the case and the date of the final termination of the case in which such fees were collected.
After such payment to their several successors in office or to the State Treasurer, they shall be discharged from further liability in regard to all fees so paid over, either to their successors or to the State Treasurer.
(Code 1923, §7246; Acts 1939, No. 33, p. 34; Code 1940, T. 11, §57; Acts 1975, No. 1205, p. 2384, §16-147.)
(a) A volunteer firefighter or a volunteer emergency medical service provider who is subpoenaed to appear as a witness for a deposition or court hearing in connection with a civil matter regarding an event or transaction which he or she witnessed or investigated in the course of his or her duties as a volunteer firefighter or a volunteer emergency medical service provider, upon his or her discharge as a witness, immediately shall be paid by the party requesting the subpoena the amount of seventy dollars ($70) per day, not to include travel time, or thirty-five dollars ($35) per half-day, not to include travel time.
(b) If the volunteer firefighter or a volunteer emergency medical service provider resides at a distance of greater than 10 miles from the place of the deposition or court hearing, he or she shall receive the mileage rate allowed to Alabama state employees for instate travel for each mile traveled to and from the place of the deposition or court hearing.
(Act 2010-218, p. 361, §1.)
(a) It is hereby declared to be the policy of the state that docket fees and other court costs in criminal cases shall generally be assessed only upon conviction. It is further declared to be the policy of the state that a creditor shall not use the criminal process in order to collect civil debts. The state does recognize that situations will arise from time to time wherein justice may best be served by allowing a judge to enter an order dismissing a case upon the payment of costs by the defendant or by the complainant where the judge has determined that the criminal process has been abused.
(b) Docket fees and other court costs in criminal cases shall be assessed upon conviction; provided that, in the interest of justice, following an arrest or the issuance of a warrant for the arrest of a defendant, a judge may in his or her discretion, on motion of the district attorney or upon his or her own motion, enter an order prior to trial dismissing the case. Such order may be conditioned upon the defendant’s payment of the docket fee and other court costs accruing in the proceeding. It is further provided that such costs may be taxed against any person who has made a complaint upon which a warrant was issued and who subsequently requests that such case be dismissed without just cause or legal excuse. A judge may excuse payment of fees in any case wherein the defendant serves an active jail sentence.
(c) For the purpose of assessing fees in criminal cases, a case shall include all offenses arising out of the same incident. Fees shall be assessed on the basis of the most serious offense of which the defendant is convicted, provided, that the judge, in his or her discretion, may assess costs for each conviction. When two or more defendants are charged in the same indictment or complaint, fees shall be assessed against them separately, as if they had been charged separately.
(d) If an appeal is taken from the district court or the municipal court in a criminal case, the clerk, in making records available to the circuit court, shall submit a cost bill from the district court or municipal court, and the final assessment of cost will be made in circuit court, including unpaid court costs and fees from district, municipal, and circuit courts.
(Acts 1975, No. 1205, p. 2384, §16-118; Acts 1981, No. 81-353, p. 508; Act 2018-365, §1.)
If the defendant is convicted of a misdemeanor and confesses judgment for the fees and fine, the fees set forth in Sections 12-19-170 through 12-19-172, and the applicable fine shall be collected by execution against the defendant.
(Acts 1975, No. 1205, p. 2384, §16-119.)
Except as otherwise provided in Chapter 14 of this title, fines collected in misdemeanor and felony cases shall be remitted to the State General Fund; provided, that state funds or percentages thereof designated for use by state agencies or departments shall be distributed as otherwise provided by law.
(Acts 1975, No. 1205, §16-117.)
(a) Municipal courts may impose court costs pursuant to law.
(b) In cases of appeal de novo from a municipal court and conviction of the defendant in the circuit court, the clerk of the circuit court shall collect the municipal court costs, fines and forfeitures in addition to the municipal share of the docket fee in circuit court.
(Acts 1975, No. 1205, p. 2384, §16-124.)
(a) Docket fees, fines and forfeitures collected in municipal ordinance cases in district court and in circuit court shall be distributed as follows:
(1) Ninety percent of the docket fee to the State General Fund and 10 percent to the municipality; and
(2) Ninety percent of the fines and forfeitures to the municipality and 10 percent to the State General Fund.
(b) The municipal share of the docket fee is payable from that portion of the docket fee allocated to the county general fund, which allocation shall be reduced accordingly in all municipal ordinance cases.
(Acts 1975, No. 1205, p. 2384, §16-123.)
Notwithstanding any provision of the law to the contrary, the increases in fees and costs provided in this act shall in no instance operate to increase the municipal share of the docket fees collected in municipal ordinance cases in the district and circuit courts. In addition, nothing in this act should be construed to increase the fees and costs applicable to traffic cases in the district courts.
(Acts 1987, No. 87-405, p. 575, §15.)
Except for the law library costs provided in Section 11-25-9 and the victims compensation costs provided in Section 15-23-17, the fees and costs prescribed in this chapter for circuit and district courts shall be exclusive of all other fees and costs that are prescribed by general law for such courts, notwithstanding any other provision of law to the contrary.
(Acts 1987, No. 87-405, p. 575, §16; Acts 1988, 1st Sp.Sess., No. 88-918, p. 512, §1.)
Docket fees for criminal cases shall be uniform by court level and type of case; except, that in all conservation cases the docket fee shall be increased to include an arrest and bond fee of $7.00.
(Acts 1975, No. 1205, p. 2384, §16-121.)
(a) The following docket fees shall be collected for juvenile and criminal cases in the district court and the circuit court:
(1) District Court:
| a. Traffic infraction | $92.00 | | --- | --- | | b. Issuance of alias writ | 20.00 | | c. Misdemeanor-violation | 117.00 | | d. Felony guilty plea | 185.00 | | e. Preliminary hearing | 30.00 | | f. Bond forfeiture | 65.00 |
(2) Circuit Court:
| a. Issuance of alias writ | 30.00 | | --- | --- | | b. Misdemeanor | 117.00 | | c. Felony | 185.00 | | d. Bond forfeiture | 65.00 |
(3) Docket fees for cases in the juvenile division of the district court or circuit court shall be assessed at eighty-five dollars ($85) and shall be distributed as follows:
a. Sixteen dollars ($16) to the Fair Trial Tax Fund.
b. Forty-nine dollars ($49) to the State General Fund.
c. Ten dollars ($10) to the county general fund.
d. Five dollars ($5) to the Peace Officers’ Standards and Training Fund.
e. Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(4) Uncollected court costs in juvenile cases may not be assessed as charges against the county.
(b) A fee of eight dollars ($8) shall be collected for the issuance of each witness subpoena. Witness subpoena fees shall be in addition to docket fees. The subpoena fee shall be distributed as follows:
(1) Five dollars ($5) to the county general fund.
(2) Three dollars ($3) to the State General Fund.
(c) Effective October 1, 2000, the docket fees in criminal and juvenile cases shall be increased by five dollars ($5) and the additional fee shall be deposited into the Fair Trial Tax Fund.
(Acts 1975, No. 1205, p. 2384, §16-120; Acts 1980, No. 80-634, p. 1198, §1; Acts 1983, No. 83-744, p. 1225, §6; Acts 1987, No. 87-405, p. 575, §6; Acts 1991, No. 91-438, §1; Acts 1991, 1st Ex. Sess., No. 91-824, p. 224, §1; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1.)
(a) The following docket fees shall be collected for municipal ordinance cases in the district court:
(1) Traffic infraction $92.00(2) Issuance of alias writ20.00(3) Other ordinance violations 117.00(4) Bond forfeiture 65.00
(b) Effective October 1, 2000, the docket fee in municipal ordinance cases in district and circuit courts shall be increased by five dollars ($5) and the additional fee shall be deposited into the Fair Trial Tax Fund.
(c) On appeals de novo to the circuit court, the docket fees in municipal ordinance cases shall be the same as those collected for misdemeanor cases.
(d) In addition to the fees now authorized by law, an additional fee of thirty dollars ($30) shall be assessed in municipal courts upon conviction of a municipal ordinance violation, excluding parking violations. The fees shall be distributed as follows: Nine dollars ($9) to the Fair Trial Tax Fund; two dollars ($2) to the municipal general fund; three dollars ($3) to the Advanced Technology and Data Exchange Fund; and sixteen dollars ($16) to the State General Fund. These fees shall be collected by the court clerk and remitted monthly in accordance with Rule 4 of the Alabama Rules of Judicial Administration. The two dollars ($2) which is distributed to the municipal general fund shall be used only for equipment, training, and certification of municipal court officials and employees and the fees shall not supplant existing funds designated by municipalities for equipment, education, and training of court personnel.
(Acts 1975, No. 1205, p. 2384, §16-122; Acts 1980, No. 80-634, p. 1198, §2; Acts 1983, No. 83-744, p. 1225, §7; Acts 1987, No. 87-405, p. 575, §7; Acts 1991, No. 91-438, §2; Acts 1991, 1st Ex. Sess., No. 91-824, p. 224, §2; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1.)
(a) The following distribution shall be made of docket fees in cases where the defendant forfeits bond in either the district court or circuit court:
(1) Sixteen dollars ($16) to the Fair Trial Tax Fund.
(2) Thirty-nine dollars ($39) to the State General Fund.
(3) Five dollars ($5) to the county general fund.
(4) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) Effective October 1, 2000, the docket fees for bond forfeitures in district and circuit courts shall be increased by five dollars ($5) and the additional fee shall be deposited into the Fair Trial Tax Fund.
(Acts 1975, No. 1205, p. 2384, §16-129; Acts 1983, No. 83-744, p. 1225, §8; Acts 1987, No. 87-405, p. 575, §8; Act 99-427, p. 759, §1.)
(a) The following distribution shall be made of docket fees for felony cases in circuit court:
(1) Ten dollars ($10) to the Peace Officers’ Annuity Fund.
(2) Sixteen dollars ($16) to the Fair Trial Tax Fund.
(3) One hundred four dollars ($104) to the State General Fund.
(4) Five dollars ($5) to the county general fund.
(5) An arrest fee of five dollars ($5) to the State General Fund or to the state funds prescribed by law; except, that in cases initiated by county law enforcement officers, the arrest fee shall be distributed to the county general fund.
(6) Thirty dollars ($30) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.
(7) Ten dollars ($10) to the Peace Officers’ Standards and Training Fund.
(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) The additional five dollars ($5) assessed and collected in felony cases effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
(Acts 1975, No. 1205, p. 2384, §16-131; Acts 1983, No. 83-744, p. 1225, §9; Acts 1987, No. 87-405, p. 575, §9; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1.)
(a) The following distribution shall be made of docket fees for misdemeanors in circuit court:
(1) Sixteen dollars ($16) to the Fair Trial Tax Fund.
(2) Sixty-four dollars ($64) to the State General Fund.
(3) Ten dollars ($10) to the county general fund.
(4) Ten dollars ($10) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.
(5) Seven dollars ($7) to the Peace Officers’ Annuity Fund.
(6) Five dollars ($5) to the Peace Officers’ Standards and Training Fund, except that the five dollars ($5) provided herein for the Peace Officers’ Standards and Training Fund shall not be assessed and collected in traffic or conservation cases.
(7) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) The additional five dollars ($5) assessed and collected in misdemeanor cases in circuit court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
(Acts 1975, No. 1205, p. 2384, §16-130; Acts 1983, No. 83-744, p. 1225, §10; Acts 1987, No. 87-405, p. 575, §10; Acts 1991, No. 91-438, p. 778, §3; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1.)
(a) The following distribution shall be made of docket fees for felony guilty plea cases in district court:
(1) Ten dollars ($10) to the Police Officers’ Annuity Fund.
(2) Sixteen dollars ($16) to the Fair Trial Tax Fund.
(3) One hundred four dollars ($104) to the State General Fund.
(4) Five dollars ($5) to the county general fund.
(5) An arrest fee of five dollars ($5) to the State General Fund or the state funds prescribed by law; except, that in cases initiated by county law enforcement officers, the arrest fee shall be distributed to the county general fund.
(6) Thirty dollars ($30) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.
(7) Ten dollars ($10) to the Peace Officers’ Standards and Training Fund.
(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) The additional five dollars ($5) assessed and collected in felony guilty plea cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
(Acts 1975, No. 1205, p. 2384, §16-127; Acts 1983, No. 83-744, p. 1225, §11; Acts 1987, No. 87-405, p. 575, §11; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1.)
The docket fee collected in circuit court for preliminary hearings in district court shall be remitted to the State General Fund.
(Acts 1975, No. 1205, p. 2384, §16-128; 1983, No. 83-744, §12.)
(a) The following distribution shall be made of docket fees for misdemeanor cases in district court:
(1) Seven dollars ($7) to the Police Officers’ Annuity Fund.
(2) Sixteen dollars ($16) to the Fair Trial Tax Fund.
(3) Sixty-four dollars ($64) to the State General Fund.
(4) Five dollars ($5) to the county general fund.
(5) An arrest fee of five dollars ($5) to the State General Fund or to the state funds prescribed by law; except, that the arrest fee shall be paid into the county general fund in cases initiated by county law enforcement officers.
(6) Ten dollars ($10) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.
(7) Five dollars ($5) to the Peace Officers’ Standards and Training Fund, except that the five dollars ($5) provided herein for the Peace Officers’ Standards and Training Fund shall not be assessed and collected in conservation cases.
(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) The additional five dollars ($5) assessed and collected in misdemeanor cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
(Acts 1975, No. 1205, p. 2384, §16-126; Acts 1983, No. 83-744, p. 1225, §13; Acts 1987, No. 87-405, p. 575, §12; Acts 1991, No. 91-438, p. 778, §4; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1.)
(a) The following distribution shall be made of docket fees for traffic infractions and boating violations in district court:
(1) Three dollars ($3) to the Police Officers’ Annuity Fund.
(2) Sixteen dollars ($16) to the Fair Trial Tax Fund.
(3) Eight dollars fifty cents ($8.50) to the State Drivers’ Fund.
(4) Forty-nine dollars ($49) to the State General Fund; provided, that in boating violation cases initiated by a county law enforcement officer, twenty-four dollars fifty cents ($24.50) shall be paid into the State General Fund and twenty-four dollars fifty cents ($24.50) shall be paid into the county general fund.
(5) Three dollars ($3) to the county general fund.
(6) An arrest fee of five dollars ($5) to the State General Fund or the state funds prescribed by law; except, that the arrest fee shall be paid into the county general fund in cases initiated by county law enforcement officers.
(7) Two dollars fifty cents ($2.50) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.
(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) The additional five dollars ($5) assessed and collected in traffic cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
(c) Fees for issuance of alias writs from circuit and district courts shall be distributed as follows:
(1) Writs issuing from district court:
a. Two dollars ($2) to the county general fund.
b. Eighteen dollars ($18) to the State General Fund.
(2) Writs issuing from circuit court:
a. Five dollars ($5) to the county general fund.
b. Twenty-five dollars ($25) to the State General Fund.
(Acts 1975, No. 1205, p. 2384, §16-125; Acts 1980, No. 80-634, p. 1198, §3; Acts 1983, No. 83-744, p. 1225, §14; Acts 1987, No. 87-405, p. 575, §13; Acts 1991, No. 91-438, §5; Acts 1991, 1st Ex. Sess., No. 91-824, p. 224, §3; Acts 1992, No. 92-227, p. 562, §1; Act 99-427, p. 759, §1; Act 2023-363, §3.)
(a) In addition to all other costs, fees, or fines prescribed by law, each person convicted of a crime in a municipal, district, or circuit court, except traffic cases which do not involve driving under the influence of alcohol or controlled substances as set out in Section 32-5A-191, and conservation cases and juvenile cases, shall be assessed a criminal history processing fee of thirty dollars ($30). The assessment shall be automatically assessed by the clerk of the court upon conviction.
(b) There is created in the State Treasury a fund to be designated as the Public Safety Automated Fingerprint Identification System Fund, a fund to be designated as the Court Automation Fund, and a fund to be designated as the Criminal Justice Information System Automation Fund. Ten dollars ($10) of each additional fee collected pursuant to this section shall be deposited into the State Treasury to the credit of the Public Safety Automated Fingerprint Identification System Fund, five dollars ($5) to the Court Automation Fund, ten dollars ($10) to the Criminal Justice Information System Automation Fund, and five dollars ($5) to the Department of Forensic Sciences Forensic Services Fund. All money deposited in the State Treasury to the credit of the Public Safety Automated Fingerprint Identification System Fund shall be expended for operations and maintenance of the Automated Fingerprint Identification System. All money deposited in the State Treasury to the credit of the Court Automation Fund shall be expended for equipment, operations, supplies, maintenance, and training related to court automation, court cost collection and the timely and efficient processing of court cases, and for the other purposes enumerated in this section. All money deposited in the State Treasury to the credit of the Criminal Justice Information System Automation Fund shall be expended for equipment, operations, supplies, maintenance, and training related to the Criminal Justice Information System. All money deposited in the State Treasury to the credit of the Forensic Services Fund from the criminal history processing fee shall be expended for any purposes for which the Department of Forensic Sciences is authorized to expend funds appropriated to that department. No money shall be withdrawn or expended from these funds for any purpose unless the money has been allotted and budgeted in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill or other appropriation bills.
(c) All data collected and maintained in the State Judicial Information System from the automated management systems operated by the Administrative Office of Courts and all manuals, forms, brochures, and publications developed by the Administrative Office of Courts shall be used to assist with the administrative and management needs of court officials and employees within the Unified Judicial System. The authority for control and dissemination of data from the system or distribution of judicial forms, manuals, and publications to any individuals, corporations, partnerships, or governmental associations outside the Unified Judicial System is vested in the Administrative Director of Courts.
(d) The Administrative Director of Courts shall promulgate policies and procedures, in conformity with rules adopted by the Supreme Court of Alabama, for the handling of applications for information from the State Judicial Information System and applications for court forms, manuals, and publications from all persons or entities outside the Unified Judicial System. The Administrative Director of Courts may establish in the policies and procedures, subscription, rental, or user fees, and other charges applicable to non-judicial system entities to be used to offset the costs involved in transferring or providing any information requested.
(e) All monies received by the Administrative Office of Courts from applications, user fees, service charges, subscriptions, donations, grants, leases, rentals, bequests, loans, or any other sources, either public or private, relating to the operation and administration of the State Judicial Information System or the publication and distribution of court forms and informational material shall be deposited in the Court Automation Fund. The fund shall be used to help defray the costs of maintenance, acquisition and operation of the computer system and the research, preparation, printing, and distribution of forms and manuals, which shall include, but not be limited to, equipment, supplies, line charges, printing, salaries for employees, and other incidental expenses required for the operation or expansion of the system or associated with developing and distributing informational materials.
(f) Nothing contained in this section shall be construed to prevent, prohibit, or otherwise limit or restrict public access to individual court records from the official custodians thereof, if the records are otherwise subject to public disclosure by law or court rule, nor shall anything in this section be construed to allow access to any court records which are not otherwise subject to public disclosure by law or court rule.
(g) No money deposited to the Court Automation Fund may be transferred for use by any other program or purpose within the Unified Judicial System.
(Acts 1992, 2nd Ex. Sess., No. 92-677, p. 58, §§1, 2; Acts 1993, No. 93-255, p. 364, §2; Acts 1993, No. 93-641, p. 1097, §2; Act 97-945, 1st Ex. Sess., p. 515, §1.)
(a) In addition to any other docket fees provided by law, including, but not limited to, the docket fees provided in Sections 12-19-171 and 12-19-176, the following fees shall be automatically assessed in cases in municipal, juvenile, district, and circuit courts upon conviction or adjudication of the defendant of any of the following offenses:
(1) Unlawful possession of marihuana in the second degree in violation of Section 13A-12-214 .........$40.
(2) Possession of drug paraphernalia, misdemeanor conviction or adjudication, in violation of subsection (c) of Section 13A-12-260 ..........$40.
(3) Delivery, sale, manufacture, etc. of drug paraphernalia in violation of subsection (d) of Section 13A-12-260:
a. Misdemeanor ..............$40.
b. Felony .........................$60.
(4) Felony unlawful possession of a controlled substance in violation of Sections 13A-12-212 and 13A-12-213 ...............$60.
(5) Obtaining a controlled substance by fraud in violation of subdivision (3) of subsection (a) of Section 20-2-72............$60.
(6) Unlawful distribution, manufacture, or sale of a controlled substance in violation of Section 13A-12-211 .............$260.
(7) Trafficking in a controlled substance in violation of Section 13A-12-231 ...............$600.
(b) The fees collected pursuant to this section shall be collected by the court clerk and remitted monthly to the State Treasury in accordance with Rule 4 of the Alabama Rules of Judicial Administration and distributed as follows:
(1) Three-eighths of the fee collected shall be deposited in the Fair Trial Tax Fund in the State Treasury and shall be used solely to pay the fees and expenses for the representation of indigent criminal defendants and other persons pursuant to Sections 15-12-21 to 15-12-23, inclusive.
(2) One-eighth of the fee collected shall be deposited in the Advanced Technology and Data Exchange Fund.
(3) One-fourth of the fee collected shall be deposited in the State General Fund and shall be used to provide for the statewide coordination of pro bono legal services in civil matters and for the furtherance of professionalism among members of the bench and bar.
(4) One-fourth of the fee collected shall be deposited in the State General Fund to implement the uniform judicial pay plan.
(Act 99-427, p. 759, §2.)
(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in this state, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed monthly as follows: Three dollars ($3) from each case to the circuit clerk of the county where collected to be used as provided by law for the operation of the office of the circuit clerk and the remainder of each fee to the solicitor’s fund or district attorney’s fund in the county where collected or to the fund in the county that may be hereafter prescribed by law for the solicitor’s fee. The solicitor’s fee shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund.
(b) The solicitor’s fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor’s fee shall be in addition to and not in lieu of any other fees or costs. The solicitor’s fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonable foreseeable future.
(c) The solicitor’s fee may be expended by the district attorney in the county where it is collected for the payment of any and all expenses incurred and for any legitimate law enforcement purpose.
(d) The Legislature may continue to adopt future local laws or repeal existing local laws establishing a solicitor’s fee in criminal cases. This section shall not supersede existing local legislation on July 1, 2010, or enacted after July 1, 2010, in any county providing for a solicitor’s fee in criminal cases, and any county having local legislation establishing a solicitor’s fee shall collect the fee according to the local act until the local act is expressly repealed. Upon repeal of a local act establishing a solicitor’s fee, the county shall collect the fee pursuant to this section or pursuant to a local act enacted after July 1, 2010.
(Act 2010-438, p. 704, §§1-4.)
In all criminal cases taken to the Supreme Court or Court of Criminal Appeals if judgment is there entered in favor of the state, the Attorney General is entitled to a fee of $15.00, to be taxed and collected as costs.
(Code 1852, §793; Code 1867, §4344; Code 1876, §5048; Code 1886, §4867; Code 1896, §4560; Code 1907, §6633; Code 1923, §3737; Code 1940, T. 11, §88.)
(a) Constables shall be entitled to the following fees in criminal cases:
(1) For executing a search warrant by day ..... $1.00
(2) For executing a search warrant by night ..... 2.00
(3) For executing any other warrant or writ of arrest ..... 1.50
(4) For serving each subpoena or notice issued by a court of the Unified Judicial System ..... .50
(5) For carrying a person before a magistrate under a warrant of arrest or to jail when committed thereto, for himself and each necessary guard, to be proved by his own oath, for each mile ..... .10
(6) For carrying a prisoner to the jail of another county, when there is no sufficient jail in the proper county, the same fees that were allowed to the sheriff for similar services on December 18, 1973, to be paid in the same manner.
(7) For taking and approving each bond of undertaking ..... .50
(b) In all criminal prosecutions, the fees specified in subsection (a) of this section for the services rendered in the case shall be payable from the county treasury upon a sworn statement certified by the circuit clerk and shall not affect the collection and distribution of uniform fees.
(Code 1852, §§784, 785; Code 1867, §§4335,4336; Code 1876, §§5039, 5040; Code 1886, §§4879, 4880; Code 1896, §§4576, 4577; Code 1907, §§6653, 6654; Code 1923, §§3756, 3757; Code 1940, T. 11, §§92, 93; Acts 1975, No. 1205, p. 2384, §§16-150, 16-151.)
(a) Coroners shall be entitled to the following fees:
(1) For going to and returning from the place where he holds an inquest, for each mile traveled ..... $.06
(2) For holding an inquest, when ordered by a judge of a court of record or by the district attorney ..... 7.50
(3) For summoning a jury on inquest ..... 1.00
(4) For each subpoena ..... .25
(5) For each warrant of arrest ..... .50
(6) For each bond or undertaking returned to court ..... .50
(7) For investigation and certification of the cause of death when no jury is summoned or postmortem examination made by a physician or surgeon as provided in Section 12-19-193, $.06 for each mile traveled in going and returning, and $7.50 to be paid from the county treasury.
(8) For all services performed when discharging the duty of the sheriff in cases authorized by law, the same fees that were allowed the sheriff for similar services on December 18, 1973.
(b) In no event shall the coroner be entitled in any one year to fees exceeding in the aggregate $1,200.00.
(Code 1852, §790; Code 1867, §4341; Code 1876, §5045; Code 1886, §4875; Code 1896, §4572; Code 1907, §6648; Acts 1911, No. 156, p. 144; Code 1923, §3751; Code 1940, T. 11, §94; Acts 1953, No. 761, p. 1022; Acts 1959, No. 601, p. 1490, §1; Acts 1975, No. 1205, p. 2384, §16-152.)
(a) Fees for holding inquest shall be paid out of the county treasury, when the inquest has been held under the order of a judge of a court of record or district attorney, and such fees must be also certified by the coroner to the clerk of the circuit court of the county and must be taxed as costs against any person who is convicted for killing the person on whose body the inquest was held and be collected like other costs in criminal cases and, when collected in cases in which the county has paid the same, shall be paid to the county treasurer for the use of the county and, in other cases, to the coroner.
(b) No fees shall be paid for an inquest when it is publicly known before the jury is summoned who caused the death of the deceased or when the slayer has been arrested for the homicide; but, in such case, if the immediate cause of the death is uncertain, a physician or surgeon may be summoned to make a postmortem examination, who shall give his opinion in writing as to the cause of the death, which must be returned by the coroner as inquests are returned by him, and such coroner, physician or surgeon shall be entitled to the same fee and mileage, to be paid in the same manner as for attending an inquest.
(c) Such fees as accrue to coroners for services rendered by them in discharging duties of sheriffs must be paid in the same manner that sheriffs’ fees for like services were paid on December 18, 1973.
(Code 1852, §791; Code 1867, §4342; Code 1876, §5046; Code 1886, §4876; Code 1896, §4573; Code 1907, §6649; Code 1923, §3752; Code 1940, T. 11, §95; Acts 1959, No. 601, p. 1490, §2; Acts 1975, No. 1205, p. 2384, §16-153.)
(a) Regular jurors, grand and petit, shall be entitled to an expense allowance for each day’s services and an amount for each mile traveled in going to and returning from court, to be proved by the oath of the juror before the clerk of the court.
(b) The Alabama Supreme Court, by order or rule, shall establish the amount of expense allowance and mileage to be paid to each juror.
(c) The monies paid shall be payable out of the State Treasury from funds appropriated to the Administrative Office of Courts by the Legislature.
(Code 1852, §794; Code 1867, §4345; Code 1876, §5049; Code 1886, §4883; Code 1896, §4580; Code 1907, §6657; Acts 1919, No. 35, p. 39; Code 1923, §3760; Code 1940, T. 11, §98; Acts 1947, No. 297, p. 148; Acts 1951, No. 625, p. 1079, §3; Acts 1975, No. 1205, p. 2384, §16-154; Acts 1977, No. 759, p. 1299; Acts 1978, No. 618, p. 878; Acts 1978, No. 821, p. 1207, §6; Act 2023-403, §1.)
Every person summoned for trial of a capital case under the provisions of this code or for service on a coroner’s jury and attending in obedience to the summons shall be entitled to the same per diem and mileage for their attendance as regular jurors, to be paid in the same manner. Other tales jurors are entitled to the same per diem for each day’s attendance as regular jurors receive, to be paid in the same manner.
(Code 1852, §795; Code 1867, §4346; Code 1876, §5051; Code 1886, §4884; Code 1896, §4581; Code 1907, §6658; Code 1923, §3761; Code 1940, T. 11, §99.)
(a) There shall be levied and imposed a tax in the amount of sixteen dollars ($16), to be called the “fair trial tax,” in each and every criminal case in any municipal court.
(b) The fee shall be automatically assessed in each case upon conviction or adjudication and shall be collected as other costs are collected.
(c) The fees charged and collected in the municipal courts pursuant to this section shall be distributed in accordance with Section 12-19-251.1.
(Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §1; Acts 1971, No. 2421, p. 3853; Act 99-427, p. 759, §1.)
[Repealed]
Repealed by Act 99-427, p. 759, §12, 1999 Regular Session, effective June 10, 1999.
(Acts 1981, No. 81-716, p. 1203; Acts 1983, No. 83-744, p. 1225, §15.)
When the fair trial tax is collected in circuit or district court, the clerk or register of the court, or the judge if there is no clerk or register, shall remit the receipts monthly to the State Treasury to be paid into a fund to be called the “Fair Trial Tax Fund.”
(Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §3; Acts 1971, No. 2421, p. 3853; Act 99-427, p. 759, §1.)
Notwithstanding the provisions of this article, when the “fair trial tax” levied and provided for in this article is collected, the clerk of the municipal court of each municipality which has retained its municipal court, instead of remitting the receipts from said tax into the State Treasury, shall pay such receipts into the general fund of the municipality. The governing body of such municipality shall use and expend so much of said funds as is necessary to defray the costs of providing representation of indigent defendants in their municipal court and after payment of such costs shall pay into the State Treasury any funds not used for such purpose. The governing body shall render an accounting of such funds to the State Treasurer on a monthly basis and the monthly report of such funds shall be filed with the State Treasurer on or before the twentieth day of the month following collection.
(Acts 1978, No. 617, p. 877.)
There is hereby appropriated from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay the fees of counsel, court reporters, and such other necessary expenses of indigent defense as are provided by law.
There is also hereby appropriated from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay to the Office of Indigent Defense Services, the salaries, benefits, and other necessary expenses involved in administering the Office of Indigent Defense Services.
In addition thereto, the Legislature shall appropriate annually out of the General Fund in the State Treasury a sum equal to the amount by which the cost of such necessary expenses of indigent defense, as provided by law, exceeds the amount available for such purpose in the Fair Trial Tax Fund.
If the county maintains a public defender, there shall be paid a reasonable share of the cost of maintaining such office, the amount appropriated for such purpose to be prorated to the several counties maintaining public defender’s offices on the basis of the case load of the respective public defender offices.
(Acts 1963, No. 526, p. 1136, §11; Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §4; Acts 1971, No. 2420, p. 3851; Acts 1971, No. 2421, p. 3853; Acts 1975, No. 1205, p. 2384, §16-149; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §3; Act 2011-678, p. 1862, §6.)
(a) Expenditures from the Fair Trial Tax Fund shall be subject to the control and approval of the Governor.
(b) In his discretion the Governor may limit the payment of expenses incurred in one county or judicial circuit to revenues collected within such county or judicial circuit; and, by order, he may also prohibit the expenditure of funds outside of the county or judicial circuit wherein such funds are derived.
(Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §5.)
Any unexpended and unencumbered balance remaining in the Fair Trial Tax Fund at the close of the state fiscal year shall not revert to the General Fund of the state but shall be retained in the “Fair Trial Tax Fund” and may be used in future years for the payment of appointed counsel or maintenance of public defenders’ offices.
(Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §6; Acts 1971, No. 2421, p. 3853.)
This article may be cited as the Alabama Litigation Accountability Act.
(Acts 1987, No. 87-186, p. 254, §1.)
The following words and phrases as used in this article, have the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase “without substantial justification”, when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that such action, claim, defense or appeal (including any motion) is frivolous, groundless in fact or in law, or vexatious, or interposed for any improper purpose, including without limitation, to cause unnecessary delay or needless increase in the cost of litigation, as determined by the court.
(2) PERSON. Any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity or unincorporated association of persons.
(3) ACTION. Any suit, counterclaim, crossclaim or third party claim filed at law or in equity, including any claim therein asserted by one or more parties or against one or more parties in a multi-party action or suit, or an appeal thereof.
(4) DEFENSE. Any affirmative defense under Rule 8(c), Alabama Rules of Civil Procedure, filed in any action at law or in equity.
(Acts 1987, No. 87-186, p. 254, §2.)
(a) Except as otherwise provided in this article, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorneys’ fees and costs against any attorney or party, or both, who has brought a civil action, or asserted a claim therein, or interposed a defense, that a court determines to be without substantial justification, either in whole or part;
(b) When a court determines reasonable attorneys’ fees or costs should be assessed it shall assess the payment thereof against the offending attorneys or parties, or both, and in its discretion may allocate among them, as it determines most just, and may assess the full amount or any portion thereof to any offending attorney or party;
(c) The court shall assess attorneys’ fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action or any part thereof, or asserted any claim or defense therein, that is without substantial justification, or that the action or any part thereof, or any claim or defense therein, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct including but not limited to abuses of discovery procedures available under the Alabama Rules of Civil Procedure;
(d) No attorneys’ fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within 90 days after filing, or during any reasonable extension granted by the court, for good cause shown, on motion filed prior to the expiration of said 90 day period;
(e) No party, except an attorney licensed to practice law in this state, who is appearing without an attorney shall be assessed attorneys’ fees unless the court finds that the party clearly knew or reasonably should have known that his action, claim or defense or any part thereof was without substantial justification.
(Acts 1987, No. 87-186, p. 254, §3.)
In determining the amount of an award of costs or attorneys’ fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys’ fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorneys’ fees and costs and the amount to be assessed:
(1) The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted;
(2) The extent of any effort made after the commencement of an action to reduce the number of claims being asserted or to dismiss claims that have been found not to be valid;
(3) The availability of facts to assist in determining the validity of an action, claim or defense;
(4) The relative financial position of the parties involved;
(5) Whether or not the action was prosecuted or defended, in whole or in part, in bad faith or for improper purpose;
(6) Whether or not issues of fact, determinative of the validity of a parties’ claim or defense, were reasonably in conflict;
(7) The extent to which the party prevailed with respect to the amount of and number of claims or defenses in controversy;
(8) The extent to which any action, claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in the state, which purpose was made known to the court at the time of filing;
(9) The amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court;
(10) The extent to which a reasonable effort was made to determine prior to the time of filing of an action or claim that all parties sued or joined were proper parties owing a legally defined duty to any party or parties asserting the claim or action;
(11) The extent of any effort made after the commencement of an action to reduce the number of parties in the action; and
(12) The period of time available to the attorney for the party asserting any defense before such defense was interposed.
(Acts 1987, No. 87-186, p. 254, §4.)
Nothing in this article shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay his attorney. Nothing in this article is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorneys’ fees or costs or an award of attorneys’ fees or costs in a manner different than that provided in this article.
(Acts 1987, No. 87-186, p. 254, §5.)
This article shall apply to any suit or claim or defense or appeal filed subsequent to June 11, 1987. It shall also apply to any suit or claim or defense or appeal which has been filed prior to June 11, 1987, and which is not dismissed within 180 days of June 11, 1987.
(Acts 1987, No. 87-186, p. 254, §7.)
The provisions of this article are cumulative and in addition to the damages which may be awarded for a frivolous appeal pursuant to Rule 38, Alabama Rules of Appellate Procedure.
(Acts 1987, No. 87-186, p. 254, §8.)
(a) The Administrative Office of Courts Advanced Technology and Data Exchange Fund is created in the State Treasury.
(b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund pursuant to Section 12-19-181 or by legislative appropriation, grant, gift, or otherwise.
(c) Monies contained in the fund may be expended to provide for any activities involving the administration of justice, including, but not limited to, the following purposes:
(1) Expand methods and means for collection and disbursement of court-ordered monies through the use of credit cards, electronic fund transfers, or other means and provide for electronic transfer of records and storage.
(2) Enhance coordination and sharing of data with local, state, and federal agencies, members of the bar, and the public.
(3) Provide equipment for electronically filing cases.
(4) Improve accountability for case filings and dispositions.
(5) Train and educate employees and officials on the state and municipal levels of the Unified Judicial System regarding legal and administrative policies and procedures and effective usage of the courts’ management systems.
(6) Provide education materials including, but not limited to, manuals, forms, handbooks, books, brochures, and technology for legal research and case management for court officials and employees and component groups of the legal community.
(7) Provide staff, services, and equipment required to maintain and expand technological improvements and conduct continuing education and training in these areas.
(8) Provide for any other use by the Administrative Office of Courts, as determined by the Administrative Director of Courts, for the general operation of the courts in the state.
(9)a. Pay service charges, electronic transfer fees, or any other transaction costs associated with subdivisions (1) to (8), inclusive.
b. All such costs shall be paid out of funds appropriated to the Administrative Office of Courts Advanced Technology and Data Exchange Fund and shall not reduce amounts due to be distributed to other governmental funds or entities.
(d)(1) Subject to the adoption of uniform rules by the Administrative Office of Courts, the clerks of the circuit and district courts may accept credit cards, charge cards, or debit cards issued from any bank, foreign lender, domestic lender, or credit card bank as defined in Section 5-20-3 for the payment of court costs, fees, fines, forfeitures, judgments, restitution, attorney fees, any monies collected and payable to individuals, businesses or partnerships, or any person or entity or assessments of any kind. Any other provision of law to the contrary notwithstanding, the clerk of the court or agent thereof accepting payment as provided for in this subsection shall impose and collect a surcharge or convenience fee in respect of payments made by credit card, charge card, or debit card for any of the above in an amount not exceeding the sum of the following:
a. The transaction fee or discount charged by the credit card, charge card, or debit card issuer or processor with respect to such payments.
b. Any cost or fee charged with respect to the payments pursuant to agreement between the Administrative Office of Courts and a contracting entity that provides software, support, and management services in connection with the acceptance of payment by credit card, charge card, or debit card by the clerks of the circuit and district courts as provided herein.
(2) The imposition and validity of any surcharges or convenience fees heretofore charged and collected by clerks of the circuit or district courts or their agents prior to June 1, 2014, are hereby ratified and confirmed.
(e) The Administrative Director of Courts or any municipality may contract with any company that issues credit cards to collect and seize credit cards issued by any company which are outdated or otherwise unauthorized. The state or municipality may charge the company a fee for the return of the credit cards. Any fees collected pursuant to this subsection by state courts shall be deposited into the Administrative Office of Courts Advanced Technology and Data Exchange Fund and the fees collected by a municipal court shall be deposited into the general fund of the municipality.
(f) Procedures for implementing the provisions of Act 99-427 may be adopted as Rules of Judicial Administration adopted by the Supreme Court of Alabama.
(g) At the end of any fiscal year, any unexpended or unencumbered monies contributed to or deposited in the fund from any source, except appropriations from other state funds, shall remain in the fund.
(h) The clerk of any court shall not be liable to any person for any action taken pursuant to this section if he or she acts in accordance with the rules adopted by the Administrative Office of Courts.
(Act 99-427, p. 759, §3; Act 2014-166, p. 472, §1; Act 2026-334, §1.)
(a) The Supreme Court Advanced Technology and Data Exchange Fund is created in the State Treasury.
(b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund through user fees, copy fees, subscriptions, service charges, and any other sources associated with the operation of the appellate court case management system or by the legislative appropriation, grant, gift, or otherwise.
(c) Monies contained in the fund may be expended by the Supreme Court of Alabama to provide for any activities involving the administration of justice including the following purposes:
(1) Expand methods and means for collection and disbursement of court-ordered monies through the use of credit cards, electronic funds transfers, or other means and provide for electronic transfer of records and storage.
(2) Enhance coordination and sharing of data with local, state, and federal agencies, members of the bar, and the public.
(3) Provide equipment for electronically filing cases.
(4) Improve accountability for case filings and dispositions.
(5) Train and educate employees and officials on the trial or appellate levels of the Unified Judicial System regarding legal and administrative policies and procedures and effective usage of the courts’ management systems.
(6) Provide education materials including manuals, forms, handbooks, books, brochures, and technology for legal research and case management for appellate and trial court officials and employees and component groups of the legal community.
(7) Provide staff, services, and equipment required to maintain and expand technological improvements and conduct continuing education and training in these areas.
(8) Provide for any other use by the Supreme Court of Alabama for the general operations that further the administration of justice.
(9) Pay service charges, electronic transfer fees, or any other transaction costs associated with subdivisions (1) to (8), inclusive.
(d) The Administrative Office of Courts may transfer to the Supreme Court Advanced Technology and Data Exchange Fund established by subsection (a) any amounts on deposit in the Administrative Office of Courts Advanced Technology Data and Exchange Fund to the credit of the Supreme Court of Alabama.
(e) At the end of any fiscal year, any unexpended or unencumbered monies contributed to or deposited in the fund from any source shall remain in the fund for the use of the Supreme Court of Alabama.
(f) All monies in the fund shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 and Chapter 19 of Title 41 and only in the amount provided by the Legislature in the general appropriations act or other appropriations act.
(Act 2026-334, §2.)
(a) The Court of Civil Appeals Advanced Technology and Data Exchange Fund is created in the State Treasury.
(b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund through user fees, copy fees, subscriptions, service charges, and any other sources associated with the operation of the appellate court case management system or by the legislative appropriation, grant, gift, or otherwise.
(c) Monies contained in the fund may be expended by the Alabama Court of Civil Appeals to provide for any activities involving the administration of justice including the following purposes:
(1) Expand methods and means for collection and disbursement of court-ordered monies through the use of credit cards, electronic funds transfers, or other means and provide for electronic transfer of records and storage.
(2) Enhance coordination and sharing of data with local, state, and federal agencies, members of the bar, and the public.
(3) Provide equipment for electronically filing cases.
(4) Improve accountability for case filings and dispositions.
(5) Train and educate employees and officials on the trial or appellate levels of the Unified Judicial System regarding legal and administrative policies and procedures and effective usage of the courts’ management systems.
(6) Provide education materials including manuals, forms, handbooks, books, brochures, and technology for legal research and case management for appellate and trial court officials and employees and component groups of the legal community.
(7) Provide staff, services, and equipment required to maintain and expand technological improvements and conduct continuing education and training in these areas.
(8) Provide for any other use by the Alabama Court of Civil Appeals for the general operations that further the administration of justice.
(9) Pay service charges, electronic transfer fees, or any other transaction costs associated with subdivisions (1) to (8), inclusive.
(d) The Administrative Office of Courts may transfer to the Court of Civil Appeals Advanced Technology and Data Exchange Fund established by subsection (a) any amounts on deposit in the Administrative Office of Courts Advanced Technology Data and Exchange Fund to the credit of the Alabama Court of Civil Appeals.
(e) At the end of any fiscal year, any unexpended or unencumbered monies contributed to or deposited in the fund from any source shall remain in the fund for the use of the Alabama Court of Civil Appeals.
(f) All monies in the fund shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 and Chapter 19 of Title 41 and only in the amount provided by the Legislature in the general appropriations act or other appropriations act.
(Act 2026-334, §3.)
(a) The Court of Criminal Appeals Advanced Technology and Data Exchange Fund is created in the State Treasury.
(b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund through user fees, copy fees, subscriptions, service charges, and any other sources associated with the operation of the appellate court case management system or by the legislative appropriation, grant, gift, or otherwise.
(c) Monies contained in the fund may be expended by the Alabama Court of Criminal Appeals to provide for any activities involving the administration of justice including the following purposes:
(1) Expand methods and means for collection and disbursement of court-ordered monies through the use of credit cards, electronic funds transfers, or other means and provide for electronic transfer of records and storage.
(2) Enhance coordination and sharing of data with local, state, and federal agencies, members of the bar, and the public.
(3) Provide equipment for electronically filing cases.
(4) Improve accountability for case filings and dispositions.
(5) Train and educate employees and officials on the trial or appellate levels of the Unified Judicial System regarding legal and administrative policies and procedures and effective usage of the courts’ management systems.
(6) Provide education materials including manuals, forms, handbooks, books, brochures, and technology for legal research and case management for appellate and trial court officials and employees and component groups of the legal community.
(7) Provide staff, services, and equipment required to maintain and expand technological improvements and conduct continuing education and training in these areas.
(8) Provide for any other use by the Alabama Court of Criminal Appeals for the general operations that further the administration of justice.
(9) Pay service charges, electronic transfer fees, or any other transaction costs associated with subdivisions (1) to (8), inclusive.
(d) The Administrative Office of Courts may transfer to the Court of Criminal Appeals Advanced Technology and Data Exchange Fund established by subsection (a) any amounts on deposit in the Administrative Office of Courts Advanced Technology Data and Exchange Fund to the credit of the Alabama Court of Criminal Appeals.
(e) At the end of any fiscal year, any unexpended or unencumbered monies contributed to or deposited in the fund from any source shall remain in the fund for the use of the Alabama Court of Criminal Appeals.
(f) All monies in the fund shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 of Chapter 4 and Chapter 19 of Title 41 and only in the amount provided by the Legislature in the general appropriations act or other appropriations act.
(Act 2026-334, §4.)
(a) In addition to the docket fees now authorized by law, additional docket fees shall be assessed in all circuit, district, and municipal courts as follows:
(1) In civil cases in the circuit and district courts, except child support cases and as further provided for small claims cases, an additional docket fee of forty-five dollars ($45) and in small claims cases an additional docket fee of fifteen dollars ($15).
(2) In criminal cases in the circuit, district, and municipal courts, except juvenile cases and as further provided for traffic cases, an additional docket fee of forty dollars ($40) and in traffic cases, but excluding parking violations, an additional docket fee of twenty-six dollars ($26).
(b)(1) Two dollars ($2) of the traffic docket fee shall be distributed to the Police Officers’ Annuity Fund before any distribution pursuant to subsections (c) and (d).
(2) Ten dollars ($10) of each fee in municipal court shall be retained by the presiding municipal judge or the municipal court clerk for operation of the municipal court and, before any distribution in subsections (c) and (d), distributed to the municipality for the operation of the municipal courts.
(c) There is established in the State Treasury the State Judicial Administration Fund. Two-thirds of the docket fees collected pursuant to subsection (a) shall be distributed to the fund and used by the Administrative Office of Courts as determined by the Administrative Director of Courts for the operation of courts in this state.
(d) There is established in each judicial circuit of this state the Presiding Circuit Judge’s Judicial Administration Fund and in each county in this state the Circuit Clerk’s Judicial Administration Fund. One-sixth of the docket fees collected in each circuit pursuant to subsection (a) shall be distributed to the Presiding Circuit Judge’s Judicial Administration Fund in the circuit. One-sixth of the docket fees collected in each county pursuant to subsection (a) shall be distributed to the Circuit Clerk’s Judicial Administration Fund in the county.
(e)(1) The funds distributed pursuant to subsection (d) shall be expended for the support of local court operations, including, but not limited to, salaries and benefits of court employees where necessary for the efficient operations of the courts in the circuit and for other expenses as individually determined necessary by the presiding circuit judge or any circuit clerk to promote efficient administration of justice. Funds distributed pursuant to subsection (d) shall not reduce the amount payable to the presiding circuit judge or any circuit clerk under any local act or general act or reduce or affect the amounts of funding allocated by the Administrative Office of Courts to the budget of the presiding circuit judge or any circuit clerk.
(2) In addition to subdivision (1) relating to the circuit clerk, each clerk, at his or her discretion, may use the money in the Circuit Clerk’s Judicial Administration Fund for the purpose of awarding merit and promotions raises to full-time employees of the clerk’s office.
(f) All expenditures of funds pursuant to this section shall be audited as all other state funds are audited.
(g) The docket fees assessed pursuant to this section shall not be waived or remitted by the court unless all docket fees associated with the case are waived or remitted.
(h) The court clerk shall distribute the fees provided for in this section on a monthly basis as other costs and fees are distributed.
(Act 2012-535, p. 1582, §1; Act 2017-270, §1.)
(a)(1) In addition to all other charges, costs, taxes, or fees levied by law on bail bonds, additional fees as detailed in paragraph a. and paragraph b. shall be imposed on every bail bond in all courts of this state.
The fee shall not be assessed in traffic cases, except for those serious traffic offenses enumerated in Title 32, Chapter 5A, Article 9. Where multiple charges arise out of the same incident, the bond fee pursuant to this section shall only be assessed on one charge. For the purposes of this section, the term same incident shall be defined as the same date, location, and proximate time. Where the charge is negotiating a worthless negotiable instrument, the fee shall not be assessed more than three times annually per person charged. The fees shall be assessed as follows:
a. A filing fee in the amount of thirty-five dollars ($35) on each bond executed.
b. For a misdemeanor offense, a bail bond fee in the amount of 3.5 percent of the total face value of the bail bond or one hundred dollars ($100), whichever is greater, but not to exceed four hundred fifty dollars ($450). For a felony offense, a bail bond fee of 3.5 percent of the total face value of the bail bond or one hundred fifty dollars ($150), whichever is greater, but not to exceed seven hundred fifty dollars ($750). Except that if a person is released on a judicial public bail, recognizance, or signature bond, including a bond on electronic traffic and nontraffic citations, the fee shall be affixed at twenty-five dollars ($25). For purposes of this section, face value of bond shall mean the bond amount set by court or other authority at release, not the amount posted at release on bail.
(2) The fees assessed pursuant to paragraph a. of subdivision (1) of subsection (a) are required whether the release from confinement or admittance to bail is based on cash, judicial public bail, personal recognizance, a signature bond, including a bond on electronic traffic and nontraffic citations for those serious traffic offenses enumerated in Title 32, Chapter 5A, Article 9, an appearance bond, a secured appearance bond utilizing security, a bond executed by a professional surety company, or a professional bail company using professional bondsmen; provided, however that no fee shall be assessed pursuant to paragraph a. of subdivision (1) of subsection (a) if a person is released on judicial public bail or on personal recognizance for a documented medical reason. The fee shall be assessed at the issuance, reissuance, or reinstatement of the bond.
(b) The fee in paragraph a. of subdivision (1) of subsection (a) shall be collected by either the official executing the bond or by the clerk of the court. If the fee is collected by the official executing the bond, it shall be collected at the execution of the bond or at the time of release. If the fee is collected by the clerk of the court, it shall be collected at the execution of the bond, at the time of release, or within two business days of release. The fee may be remitted via money order, electronic means, U.S. mail to the court clerk postmarked within 48 hours of release, or by any other method approved by the sheriff. If the fee is collected by an official other than the clerk of the court, the official shall remit the fee to the clerk of the court, attached to the executed bond, within 30 days or upon adjudication or conviction of the underlying offense, whichever occurs first; if the fee is not collected by the official, the official shall provide documentation of the nonpayment, attached to the executed bond, to the clerk of the court within two business days. The clerk of the court may accept the payment of the fee if the clerk has the executed bond, together with proof of nonpayment and charging instrument, in hand. This fee shall be paid by the bondsman, surety, guaranty, or person signing as surety for the undertaking of bail. If the person is released on own recognizance, judicial public bail, or non-custodial offense pursuant to Rule 20 of the Alabama Rules of Judicial Administration, the fee shall be assessed at the time of adjudication or at the time that any other fees and costs are assessed.
(c) Upon the failure to pay the fee in paragraph a. of subdivision (1) of subsection (a) and upon a finding of contempt in subsection (d), the bondsman, surety, guaranty, or individuals required to pay the fee shall be punished by a fine of not less than five hundred dollars ($500) in addition to the fee imposed in paragraph a. of subdivision (1) of subsection (a). The fine shall not be remitted, waived, or reduced unless the person(s) fined can show cause to the court that he or she cannot pay the fine in the reasonably foreseeable future. In addition, upon a finding of contempt, if the responsible party is a professional surety company or a professional bail company or otherwise operating as a bondsman under Alabama law, the presiding judge may revoke the entity or individual’s authority to write or issue bonds pursuant to Section 15-13-159 or 15-13-160 until such time as the payment is rendered in full.
(d) If the fee in paragraph a. of subdivision (1) of subsection (a) is not paid in full within 30 days, the clerk of the court shall provide notification of the delinquency to the district attorney or prosecuting attorney on a monthly basis. Upon receipt of the certification of delinquency or failure to pay from the court, the district attorney or prosecuting attorney may take appropriate action which may include, but shall not be limited to, contempt proceedings. If contempt proceedings are initiated the district attorney or prosecuting attorney shall send notice by U.S. Mail to the last known address of the person charged with the crime, bondsman, surety, guaranty, or person signing as surety for the undertaking of bail of the failure to pay and provide them 10 days to remit payment in full pursuant to this section. If the surety is the person charged with the crime where the fee applies, the district attorney or prosecuting attorney may file a petition for contempt and the court shall set the contempt hearing on the person’s next regularly scheduled court appearance. If the surety is not the person charged with the crime the district attorney or prosecuting attorney may file a petition for contempt with the court, which may, after hearing, find the bondsman, surety, guaranty or person signing as surety the undertaking of bail in contempt. The municipal court clerk shall provide a list to the prosecuting attorney and district attorney every 60 days that shall include, but not be limited to, the name of every person who has failed to pay the fee, the municipal case number, and the name of the person signing as surety for the undertaking bail. If the prosecuting authority of the municipality does not initiate contempt proceedings pursuant to this section within 30 days of receiving notice from the clerk of the court, the district attorney with jurisdiction may file the contempt petition in the municipal court. If the district attorney initiates contempt proceedings in a municipal case and the person is found in contempt, the fine shall be distributed as follows: 50% to the general fund of the municipality and 50% to the district attorney Solicitor’s Fund.
(e)(1) The fee imposed on bail bonds under paragraph b. of subdivision (1) of subsection (a) shall be assessed to the defendant and be imposed by the court when the defendant appears in court for adjudication or sentencing.
(2) Notwithstanding (e)(1), if the bail bond has been secured by cash, the conditions of release have been performed, and the defendant has been discharged from all obligations of the bond, or if the cash bail bond is forfeited the clerk of the court shall, unless otherwise ordered by the court, retain as the bail bond fee the amount pursuant to paragraph b. of subdivision (1) of subsection (a) and disburse the remainder as provided by law.
(3) Notwithstanding (e)(1), if the property bail bond has been secured, the conditions of release have been performed and the defendant has been discharged or released from all obligations of the bond, or if the property bail bond is forfeited, then the bond shall be reduced to the bail bond fee amount pursuant to paragraph b. of subdivision (1) of subsection (a) and the property shall not be discharged or released by the court until the bail bond fee pursuant to paragraph b. of subdivision (1) of subsection (a) has been paid in full.
(4) The fees shall be collected pursuant to paragraph b. of subdivision (1) of subsection (a) by the clerk of the court. The fees pursuant to this section shall not be remitted, waived, or reduced unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the same within the reasonably foreseeable future. The fees pursuant to this section shall not be remitted, waived, or reduced unless all other costs, fees, and charges of court are remitted or waived.
(5) The fees shall not reduce or affect the funds allocated to the office of the court clerk, the sheriff, the municipality, the district attorney, or the Alabama Department of Forensic Sciences under any local act or other funding mechanism under the law. These funds shall be in addition to and not in lieu of any funds currently available to the office of the court clerk, sheriff, municipality, the district attorney, and the Alabama Department of Forensic Sciences.
(f) The court clerks shall distribute on a monthly basis as other fees are distributed, the fees collected pursuant to paragraph a. of subdivision (1) of subsection (a) as follows: Ten percent from each fee shall be distributed either to the county general fund to be earmarked and distributed to the Sheriff’s Fund, administered by the sheriff, in the county where the bond was executed or, where the bond is executed by the municipality, to the municipality; 45 percent of the fee to the court clerk’s fund where the bond was executed or where the bond is executed by the municipal court, to the municipality; 45 percent of the fee to the Solicitor’s Fund in the county where the bond was executed. The bail bond fee records shall be audited by the Department of Examiners of Public Accounts.
(g) The court clerks shall distribute on a monthly basis as other fees are distributed, the fees collected pursuant to paragraph b. of subdivision (1) of subsection (a) as follows: Twenty-one dollars and fifty cents ($21.50) from each fee shall be distributed to the county general fund which shall be earmarked and distributed to the Sheriff’s Fund, administered by the sheriff, in the county where the bond was executed or, where the bond was executed by a municipality, to the municipality; 40 percent of the remainder of the fee to the court clerk’s fund where the bond was executed or where the bond is executed by the municipal court, to the municipality; 45 percent of the remainder of the fee to the Solicitor’s Fund in the county where the bond was executed; five percent to the State General Fund and ten percent to the Alabama Forensic Services Trust Fund. The bail bond fee records shall be audited by the Department of Examiners of Public Accounts.
(Act 2012-535, p. 1582, §2; Act 2013-193, p. 360, §1.)
(a) The fee allocated to the Solicitor’s Fund shall be expended for the payment of any and all expenses incurred by the district attorney in the discharge of the duties of the office or for any legitimate law enforcement purpose.
(b) The fee allocated for the court clerk’s fund shall be expended at the discretion of the clerk, to support the functions of the office of the clerk.
(c) The fees allocated to the Sheriff’s Fund, administered by the sheriff, shall be expended at the direction of the sheriff for the operation of the jail.
(d) The fees allocated to the Alabama Forensic Services Trust Fund shall be expended for the objective analysis of scientific evidence in pending criminal investigations.
(Act 2012-535, p. 1582, §3.)
If the charge against a defendant in a case is disposed of by a finding of not guilty, no bill, dismissal or nolle prosequi without conditions, the fees imposed in the case pursuant to paragraph b. of subdivision (1) of subsection (a) of Section 12-19-311 shall not be assessed. In all other cases wherein the charge against a defendant is disposed of by conviction, a finding of guilty, or dismissal or nolle prosequi upon conditions to pay costs and fees, the fees pursuant to paragraph b. of subdivision (1) of subsection (a) of Section 12-19-311 shall be assessed. If the defendant is admitted to a pretrial diversion program or to a specialty court program, the fee shall be assessed as with other court costs and fees.
(Act 2012-535, p. 1582, §4.)
All fees or fines imposed pursuant to this chapter shall be collected as provided for by the statute for other court ordered monies in this state.
(Act 2012-535, p. 1582, §5.)
The court shall maintain jurisdiction to collect restitution, fees, fines, costs, and other court ordered monies beyond the termination of a defendant’s sentence or probation.
(Act 2012-535, p. 1582, §6.)
The cost of any proceedings for substitution under any of the provisions of this chapter shall be paid by the party applying for such substitution if there is no defense; and, if a defense is interposed, the costs are to be paid by the unsuccessful party; but in no case shall any officer be entitled to any fees in such proceedings if the loss or destruction of the paper or instrument sought to be substituted was caused by his neglect or fault.
(Code 1867, §650; Code 1876, §557; Code 1886, §662; Code 1896, §2651; Code 1907, §5743; Code 1923, §10136; Code 1940, T. 7, §12.)
The orders, judgments and decrees entered upon the minutes of a court are parts of the record of the cases to which they pertain and need not be copied into the final record. If so copied, no fee shall be charged therefor.
(Code 1896, §2642; Code 1907, §5733; Code 1923, §10126; Code 1940, T. 7, §2.)
The original pleadings, motions or other papers in civil actions, the original process issued thereon and all affidavits and bonds taken in a court may be used and, if so used, shall stand as the final record. If said original pleadings, motions or other papers, process, affidavits or bonds should be lost, mislaid, destroyed or mutilated, a copy of such shall stand in the place and have the force and effect of the original.
(Code 1876, §562; Code 1886, §653; Code 1896, §2644; Code 1907, §5736; Code 1923, §10129; Acts 1939, No. 390, p. 514; Code 1940, T. 7, §5; Acts 1949, No. 125, p. 150; Acts 1971, No. 1510, p. 2595.)
The records of the judgments of any inferior court of record which heretofore ceased or hereafter ceases to exist is confided to the clerk of the circuit court of the county in which such court held its sessions. Such clerk shall preserve said records as a part of the records of his office, and he must issue any and all necessary processes for putting such judgments into execution.
(Code 1907, §5735; Code 1923, §10128; Code 1940, T. 7, §4.)
No records or papers of any court shall be removed out of the county, except in cases of invasion or insurrection whereby the same may be endangered, unless by order of the court; provided, that any noncurrent records or papers may be deposited in the Department of Archives and History at the discretion of the judge or clerk of said court.
(Code 1852, §564; Code 1867, §640; Code 1876, §545; Code 1886, §651; Code 1896, §2643; Code 1907, §5734; Code 1923, §10127; Code 1940, T. 7, §3; Acts 1945, No. 291, p. 482.)
The file pertaining to a pending action shall not be taken from the office of the clerk, register or probate judge except by an attorney of record of a party to the action upon a receipt in writing signed by such attorney, stating the number and title of the case and the papers contained in the file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the file and a surrender of the receipt, the costs of substituting them must be paid by the attorney taking them.
(Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738; Code 1923, §10131; Code 1940, T. 7, §7.)
All courts have the inherent power, if original papers or records pertaining to matters of civil jurisdiction or to civil actions which are pending or which have been determined are lost, mislaid, destroyed or mutilated, to cause a substitution thereof, and the substituted paper or record is of equal validity with the original.
(Code 1867, §§648, 649; Code 1876, §555; Code 1886, §656; Code 1896, §2647; Code 1907, §5739; Code 1923, §10132; Code 1940, T. 7, §8.)
When original papers in civil actions have been lost, mislaid, destroyed or mutilated, a court may cause a substitution thereof to be made by directing the attorneys representing the parties therein to file a copy thereof with the clerk or register of the court.
(Code 1896, §2645; Code 1907, §5737; Code 1923, §10130; Code 1940, T. 7, §6; Acts 1971, No. 1510, p. 2595.)
If the action or proceeding in which the substitution of a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined, the substitution must be made on notice of not less than one day to the adverse party or his attorney of record, if he has such an attorney, accompanied with a copy of the paper offered in substitution; but, if such adverse party or his attorney of record does not reside in the county, notice may be given by the filing of the paper and the entry of a motion to substitute, or the filing of such motion, for one day prior to the making thereof. On the hearing of such motion, affidavits and counter affidavits may be received as to the correctness of the proposed substitute.
(Code 1886, §657; Code 1896, §2648; Code 1907, §5740; Code 1923, §10133; Code 1940, T. 7, §9.)
If, after the determination of any civil action or proceeding, the original papers, or any part thereof pertaining thereto, which are not of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing, stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the adverse party is of full age, of sound mind and a resident of the state, notice of the application and a copy thereof, accompanied with a copy of the proposed substitute, must be served on him at least 10 days before the session of the court in which such application is made. If he is of unsound mind or an infant residing in the state, notice must be served on his guardian or, if he has no guardian, upon the person with whom he resides or in whose care or custody he may be; but, if such party, whether he is of full age and sound mind, an infant or of unsound mind, resides without the state or his residence is unknown, upon affidavit stating the facts, the register, or the clerk of the court or the probate judge, must make and enter an order of publication as to such party and cause notice to be given by publication for three successive weeks in some newspaper published in the county or, if there is no such newspaper, in a newspaper published in an adjoining county. If the adverse party is of unsound mind or an infant, the court must appoint a guardian ad litem to represent and defend for him. On the hearing, the court may receive affidavits and counter affidavits as to the correctness of the proposed substitute.
(Code 1876, §§554, 556; Code 1886, §658; Code 1896, §2649; Code 1907, §5741; Code 1923, §10134; Code 1940, T. 7, §10.)
If the record of a deed, contract, conveyance or other instrument, the record of which is by law required or authorized, is lost, mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or instrument may be recorded again, and such record shall have relation to, and be operative from, the day the original record was operative. If the original is lost, mislaid, destroyed or mutilated, a copy thereof may be recorded on proof of its correctness of the record and of the loss or destruction of the original, and the record of such copy shall have relation to, and be operative from, the day the original record was operative. But in case of the loss or destruction of the original, an application for the record of the copy must be made to the court or successor of the court in which the original record was made and notice thereof given to the party in adverse interest, as prescribed in Section 12-20-29.
(Code 1867, §§652, 653; Code 1876, §§559, 560; Code 1886, §661; Code 1896, §2650; Code 1907, §5742; Code 1923, §10135; Code 1940, T. 7, §11.)
From any order of a circuit or district court or probate court granting or refusing substitution under this article, an appeal lies to the appropriate appellate court as from final judgments or decrees in civil cases. From an order of a district court, an appeal to the circuit court lies as in other cases, and the trial is de novo.
(Code 1867, §651; Code 1876, §558; Code 1886, §659; Code 1896, §2652; Code 1907, §5744; Code 1923, §10137; Code 1940, T. 7, §13.)
If the records of an appellate court, or any part thereof, are lost, mislaid, destroyed or mutilated, the same may be substituted under such rules and regulations as the court may prescribe.
(Code 1886, §660; Code 1896, §2653; Code 1907, §5745; Code 1923, §10138; Code 1940, T. 7, §14.)
The circuit courts of this state shall have jurisdiction of an action by the state, a county or municipality or any citizen who will give security for the costs of the proceeding to establish or restore any lost, mislaid, destroyed or mutilated records of the state, county or municipality, or of any department, agency or instrumentality thereof. Such courts shall have jurisdiction and power to prescribe all necessary rules, regulations and proceedings proper or necessary to establish or restore lost, mislaid, destroyed or mutilated records and, when so established or restored, to declare them to be the proper and legal records as the original which was so lost, mislaid, destroyed or mutilated. The proceedings shall be ex parte, and any citizen of the state who will give security for the costs of the appeal may appeal from the order, judgment or decision of the circuit court establishing or restoring or refusing to establish or restore such records to the appropriate appellate court of the state. The evidence on the hearing in the circuit court may be by depositions or affidavits, and witnesses may be examined orally and their testimony taken down by the court stenographer and transcribed and certified by him as being true and correct. On appeal to the appropriate appellate court, the transcript of the record, proceedings, and all testimony shall be certified by the circuit court; and, upon the hearing in the appropriate appellate court, such court may affirm or reverse the judgment or order of the circuit court or may enter such judgment, order or decision as the circuit court should have entered on the record and evidence so certified. The proceeding under this section shall not be deemed exclusive, but additional or supplementary to any other remedy given by common law or statute.
(Code 1923, §10139; Code 1940, T. 7, §15.)
(a) The court may, on motion and due notice thereof, require the parties to produce books, documents or writings in their possession, custody, control or power which contain evidence pertinent to the issues.
(b) If the plaintiff or prosecution fails to comply with such order, the court may, on motion, give the like judgment for the defendant as in cases of dismissal; and, if the defendant fails to comply with such order, the court may, on motion, give judgment against him by default.
(Code 1896, §§1859, 1860; Code 1907, §§4058, 4059; Code 1923, §§7774, 7775; Code 1940, T. 7, §§487, 488.)
(a) When any deed, writing or other document which it may be necessary to use as testimony in any case may be in the possession of any person resident in this state who is not a party to the case, the clerk of the court in which the case is pending shall, upon application of the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed to the person having such book or other document in his possession, requiring him to appear and bring with him into court the paper desired to be used as testimony. Service shall be by a sheriff, constable or some private person, and the official return of the sheriff or constable or the affidavit of such private person shall be sufficient evidence that the same was duly served; but, in all cases, the judge may require the summary production of any book or document by subpoena duces tecum where the witness is able to produce it and where the ends of justice require such summary production.
(b) When a subpoena shall be issued and served as provided in subsection (a) of this section and the person whose attendance is thereby required shall fail to comply with the requisition thereof, the court shall, on motion, issue an attachment against such defaulting person, returnable instantly or to the next term of said court, and shall fine such person in a sum not exceeding $300.00 unless he shall make a sufficient excuse for such failure, to be judged of by the court; but such person shall, nevertheless, be subject to an action at the instance of the party by whom he was subpoenaed, for any damages which such party may have sustained by reason of such failure. If the person so subpoenaed shall, within 10 days after the service of such subpoena, deliver to the party at whose instance the subpoena was issued or his attorney, or file in the office of the court from which such subpoena was issued the paper, the production of which is required by such subpoena, or shall deliver to the said party or his attorney, or shall file in the said office his affidavit that the said paper is not in his power, custody, possession or control and that it was not at the time of serving said subpoena, then such delivery and filing of the paper so sought as aforesaid or of such affidavit shall be considered a full and complete compliance with the requirements of such subpoena duces tecum.
(Code 1907, §§4060, 4061; Code 1923, §§7776, 7777; Code 1940, T. 7, §§489, 490.)
The court may, upon affidavit of their necessity and materiality, upon motion, compel, by order, either party to produce, at or before the trial, any book, paper or document in his possession or power. The order may be made upon the application of either party, upon reasonable notice to the adverse party or his attorney. If not produced, parol evidence may be given of its contents.
(Code 1923, §7712; Code 1940, T. 7, §426.)
(a) Neither law enforcement investigative reports nor the testimony of a law enforcement officer may be subject to a civil or administrative subpoena except as provided in subsection (c).
(b) Law enforcement investigative reports and related investigative material are not public records. Law enforcement investigative reports, records, field notes, witness statements, and other investigative writings or recordings are privileged communications protected from disclosure.
(c) Under no circumstance may a party to a civil or administrative proceeding discover material which is not authorized discoverable by a defendant in a criminal matter. Noncriminal parties may upon proper motion and order from a court of record: Secure photographs, documents and tangible evidence for examination and copying only by order of a court imposing such conditions and qualifications as may be necessary to protect a chain of custody of evidence; or protect the prosecutors’, law enforcement officers’, or investigators’ work product; or to prevent the loss or destruction of documents, objects, or evidence. Such discovery order may be issued by a court of record upon proof by substantial evidence, that the moving party will suffer undue hardship and that the records, photographs or witnesses are unavailable from other reasonable sources.
(d) Discovery orders prior to the disposition of the criminal matter under investigation are not favored and should be granted only upon showing that the party seeking discovery has substantial need of the materials and is unable, without undue hardship, to obtain the substantial equivalent by other means.
(e) Nothing in this section shall preclude the disclosure of investigative reports, including the testimony of law enforcement officers, to a state administrative agency authorized by law to investigate or conduct administrative contested case hearings in any matter related to the suspension, revocation, or restriction of a professional license or registration for the protection of the public health and safety.
(f) For purposes of this section, a criminal matter is disposed of in any of the following ways:
(1) When the prosecuting authority has presented the matter to a grand jury and a no bill or true bill has been returned.
(2) After a written statement by the chief law enforcement officer of the agency conducting the investigation that the matter under investigation is closed.
(3) When the entity or individual under investigation has been tried and final judgment entered.
(Act 98-507, p. 1184, §§1, 2.)
Affidavits required in the commencement or progress of any action or judicial proceedings may be taken without this state before any commissioner appointed by the Governor of this state, any judge or clerk of a federal court, any judge or clerk of any court of record or any notary public, who shall certify under their hands and seals of office, if any.
(Code 1867, §645; Code 1876, §550; Code 1886, §2768; Code 1896, §1799; Code 1907, §3965; Code 1923, §7661; Code 1940, T. 7, §373.)
When the original would be admissible in any case or proceeding in a court in the state, a certified copy of the hospital records of any hospital organized or operated under or pursuant to the laws of Alabama, including records of admission, medical, hospital, occupational, disease, injury and disability histories, temperature and other charts, X rays and written interpretations thereof, pictures, photographs, files, written orders, directions, findings and reports and interpretations of physicians, doctors, surgeons, pathologists, radiologists, specialists, dentists, technicians and nurses, as well as of all employees of such hospital, forming a part of such hospital records as to the health, condition, state, injuries, sickness, disease, mental, physical and nervous disorders, duration and character of disabilities, diagnosis, prognosis, progress, wounds, cuts, contusions, lacerations, breaks, loss of blood, incisions, operations, injuries, examinations, tests, transfusions, hospitalization and duration thereof, medication, medicines, supplies, treatment and care and the cost, expenses, fees and charges therefor and thereof, a part of, or shown on or in, said hospital records of any patient in said hospital, when certified and affirmed by the custodian of said hospital records as provided in Section 12-21-7, shall be admissible in evidence, without further proof in any court in the state where admissible, if and when said hospital records were made and kept in the usual and regular course of business of said hospital and it was in the regular course of business of said hospital to make and keep said records and that said records were made at the time of such acts, transactions, occurrences or events therein referred to occurred or arose or were made, or within a reasonable time thereafter.
(Acts 1965, 2nd Ex. Sess., No. 77, p. 102, §1.)
(a) A certified copy of said hospital records may be procured by any litigant in any court of competent jurisdiction in the state by subpoena duces tecum, and when any such subpoena duces tecum is issued for said hospital records, the custodian of said hospital records shall prepare a copy of said hospital records as provided in this subsection and securely seal the same in an envelope or other container and date and fill out and sign a certificate in substantially the form provided in Section 12-21-7 and place on, or securely fasten said certificate to the outside of, said envelope or container in which said copy of said hospital records are placed and deliver the same to the clerk or register of the court hearing, or to hear or to try, the case or proceeding in which the records are sought, and he shall not otherwise be required to appear in court unless thereafter ordered to do so by the court. The copy of the hospital records shall not be open to inspection or copy by other persons than the parties to the case or proceeding and their attorneys until ordered published by the court trying the case at the time of the trial. When so prepared and certified, the copy of said hospital records shall be admissible in evidence in any court in the state, if and when admissible, in prima facie proof of the facts therein shown just as if otherwise verified and just as if the copy were the original. The copy of the hospital records may be photostated, photographed or made by microphotographic plate or film, or otherwise made, so long as clear and easily legible. All the circumstances of the making of such hospital records, including lack of personal knowledge of the entrant or maker of such hospital records, may otherwise be shown to affect the weight of such hospital records, but this shall not affect their admissibility.
(b) Repealed by Acts 1994, No. 94-609, p. 1124, §3.
(Acts 1965, 2nd Ex. Sess., No. 77, p. 102, §2; Acts 1994, No. 94-609, p. 1124, §3.)
(a) The following words and phrases used in this section shall have the following meanings:
(1) ACTUAL COSTS. The cost of material and supplies used to duplicate the medical record, the labor costs, and other costs associated with duplication of the medical records.
(2) PERSON. Any medical provider or company or other legal entity that maintains medical records.
(b)(1) Notwithstanding any other provision of law, any person required to release copies of medical records may condition the release upon payment by the requesting party of the reasonable costs of reproducing the medical records.
(2) The reasonable costs of reproducing copies of written or typed documents, or reports shall not be more than one dollar ($1) for each page of the first 25 pages, not more than 50 cents ($.50) for each page in excess of 25 pages, and a search fee of five dollars ($5). If the medical records are mailed to the person making the request, reasonable costs shall include the actual costs of mailing the medical records.
(3) A person may charge in addition to the fees allowed in subdivision (2) of this subsection the actual cost of reproducing X-rays and other special medical records.
(4) Unless other arrangements for payments are made between the requesting party and the person supplying the medical records, the requesting party shall pay the fees charged for reproduction and delivery of the medical records prior to delivery of the medical records.
(c) The provisions of this section shall not apply to records subpoenaed by the State Board of Medical Examiners.
(d) This section shall not affect any fees or costs currently paid by state agencies.
(Acts 1994, No. 94-609, p. 1124, §§1, 2.)
The certificate of the custodian of the hospital records provided for in Sections 12-21-5 and 12-21-6 shall show the name of the parties to the case or proceeding and the name of the court to which made, by appropriate caption, and said certificate shall be in form in substance as follows, to-wit:
I, _____, hereby certify and affirm in writing that I am _____ of the _____ Hospital, a hospital organized or operated pursuant to or under the laws of Alabama, located at _____, Alabama, that I am custodian of the hospital records of said hospital and that the within copy of said hospital records are an exact, full, true and correct copy of said hospital records pertaining to _____.
I further certify that I am familiar with and know, and knew when made and charged, the reasonable value and price for the various charges made and shown in said hospital records pertaining to _________ and that said charges are in my judgment just, reasonable and proper and in keeping with those generally charged in the county and community where said hospital is located.
All of which I hereby certify and affirm on this ______ day of ________, 19.
(Acts 1965, 2nd Ex. Sess., No. 77, p. 102, §3.)
The registers and clerks of the circuit courts of this state are authorized to and may destroy all exhibits offered and received in evidence in civil cases on or after the expiration of one year from the final disposition of such cases; provided, however, that such destruction shall not be accomplished until it has been approved by the presiding judge of the circuit; provided further, that prior to destruction of the exhibits, the clerk shall notify the party who offered the same into evidence that said exhibits may be obtained within 30 days from the clerk if the offering party so desires. The authority given by this section shall authorize the destruction of such items as certified copies of hospital records subpoenaed by the parties, depositions of parties and witnesses, subpoenas for witnesses, paper exhibits, bulky exhibit items or such other similar items of evidence; provided, however, that such itemization shall not be deemed to be all inclusive; provided further, that after the expiration of the appeal period in such cases and before such destruction, any party at interest, or counsel for such party, may permanently remove and withdraw such exhibits offered by such party upon the execution of an appropriate receipt therefor, which receipt shall be signed and recorded on the consolidated trial docket sheet of such case.
(Acts 1975, No. 1047, p. 2103, §1.)
In all civil cases sounding in damages involving the question of rape, assault with intent to ravish, seduction, divorce or any other case where the evidence is vulgar, obscene or relates to the improper acts of the sexes and tends to debauch the morals of the young, the presiding judge shall have the right, in his discretion and on his own motion, or on motion of plaintiffs or defendants or their attorneys, to hear and try the case after clearing the courtroom of all or any portion of the audience whose presence is not necessary.
(Code 1907, §4019; Code 1923, §7733; Code 1940, T. 7, §365.)
The mode or manner of authenticating or proving any documents or records provided for in this division shall not be held to be exclusive or restrictive, but shall be additional or cumulative modes or manners of authentication or proof of such records and documents.
(Code 1923, §7718; Code 1940, T. 7, §431.)
Any provision of this division regulating the admissibility or proof of facts in any proceeding shall apply only if the admissibility or proof of such facts is not governed by the Alabama Rules of Civil Procedure, or any other rule of practice as may be adopted by the Supreme Court of Alabama, or by Title 6 of this code.
(Acts 1977, No. 20, p. 28.)
(a) In all civil actions brought in any court of the State of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the trier of the facts. Proof by substantial evidence shall be required for purposes of testing the sufficiency of the evidence to support an issue of fact in rulings by the court, including without limitation, motions for summary judgment, motions for directed verdict, motions for judgment notwithstanding the verdict, and other such motions or pleadings respecting the sufficiency of evidence.
(b) The scintilla rule of evidence is hereby abolished in all civil actions in the courts of the State of Alabama.
(c) With respect to any issue of fact for which a higher standard of proof is required, whether by statute, or by rule or decision of the courts of the state, substantial evidence shall not be sufficient to carry the burden of proof, and such higher standard of proof shall be required with respect to such issue of fact.
(d) Substantial evidence shall mean evidence of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions as to the existence of the fact sought to be proven. A scintilla of evidence is insufficient to permit submission of an issue of fact to the trier of facts.
(e) This section shall not apply to any civil action pending in the courts of this state on June 11, 1987.
(Acts 1987, No. 87-184, p. 249, §§1-4, 6.)
Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due to a failure to prove the chain of custody of the evidence. Whenever a witness in a criminal trial identifies a physical piece of evidence connected with or collected in the investigation of a crime, the evidence shall be submitted to the jury or court for whatever weight the jury or court may deem proper. The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.
(Acts 1995, No. 95-741, p. 1686, §1.)
Hearsay evidence as to declarations of deceased persons as to ancient rights made before the litigation arose are admissible to prove matters of public interest in which the whole community are supposed to take interest and have knowledge.
(Code 1907, §3961; Code 1923, §7657; Code 1940, T. 7, §368.)
All settlements in writing made in good faith for the composition of debts must be taken as evidence and held to operate according to the intention of the parties though no release under seal is given and no new consideration has passed.
(Code 1852, §2283; Code 1867, §2686; Code 1876, §3040; Code 1886, §2775; Code 1896, §1806; Code 1907, §3974; Code 1923, §7670; Code 1940, T. 7, §382.)
Books of account kept by a deceased executor, administrator, guardian or trustee or entries or memoranda made by him in the course of business or duty are admissible evidence; and, if such book or memoranda is lost, a copy thereof, supported by the oath of the person making it, is admissible evidence.
(Code 1876, §3054; Code 1886, §2778; Code 1896, §1809; Code 1907, §3976; Code 1923, §7672; Code 1940, T. 7, §384.)
Parol evidence is admissible to show that a writing was originally void or has subsequently become so.
(Code 1907, §3963; Code 1923, §7659; Code 1940, T. 7, §371.)
The certificate of any public officer or his deputy that he has made diligent search of the registers, books, papers and records in his office and that no record or entry of a specified tenor was found to exist shall be competent evidence as to the nonexistence of such record or entry. Such certificate shall be proved or admitted as prima facie evidence in all courts and tribunals in this state by the attestation of such officer or his deputy under the seal of his office, if any, that the same is true, and if there is no seal, there shall be attached to such attestation the certificate of the clerk and the seal of the circuit or district court of the county where such officer resides that such attestation is genuine.
(Acts 1953, No. 277, p. 342.)
(a) All transcripts of books or papers, or parts thereof, required by law to be kept in the office, custody or control of any public officer, agent, servant or employee of any municipality, city or county of the State of Alabama or of the United States, when certified by the proper custodian thereof, must be received in evidence in all courts, and it is no objection to such transcript that the book from which it is taken is a copy of office books belonging to the United States. All such officers under jurisdiction and laws of the State of Alabama and counties and cities therein shall furnish all such transcripts of any documents, official books and papers in their possession, custody or control when requested so to do by any person, firm or corporation tendering to such officer or custodian of such records the proper amount of fees and charges required or necessary to pay for the making of such transcripts.
(b) Any person violating subsection (a) of this section as to furnishing transcripts of books, papers or parts thereof required by law to be copied by them shall, upon conviction, be fined not less than $50.00 nor more than $500.00 and may be sentenced to hard labor for the county for not more than 12 months, one or both, at the discretion of the court trying the same.
(Code 1867, §2697; Code 1876, §3049; Code 1886, §2785; Code 1896, §1816; Code 1907, §3983; Acts 1921, Ex. Sess., No. 41, p. 52; Code 1923, §§5031, 7681; Code 1940, T. 7, §§393, 394.)
The books, maps and field notes of the surveyor general of the United States for the State of Alabama deposited in the office of the Secretary of State are public archives of the state; and the Secretary of State must, upon the application of any person, furnish certified copies, which must be received in evidence in any court.
(Code 1867, §2696; Code 1876, §3048; Code 1886, §2784; Code 1896, §1815; Code 1907, §3982; Code 1923, §7680; Code 1940, T. 7, §392.)
All private acts of the legislature of this or any other state of the United States may be given in evidence without being specially pleaded.
(Code 1852, §2296; Code 1867, §2698; Code 1876, §3051; Code 1886, §2789; Code 1896, §1820; Code 1907, §3987; Code 1923, §7685; Code 1940, T. 7, §398.)
Copies of the proceedings and judgments of any court not of record of any state or territory in the United States or of the District of Columbia, certified by the judge or judges, under his or their hands and seals, before whom the proceedings were had or judgments rendered or their successors in office, or other judges having legal custody thereof, that the same are true and complete copies of the proceedings or judgments, with the certificate of the clerk or prothonotary of any court of record of the county or district where said judge or judges shall hold his or their office or offices, certifying, under the seal of said court, that the judge or judges were, at the time when the proceedings were had or judgments rendered and when the copy was taken, duly commissioned and qualified to act as such, shall be admissible as evidence in any of the courts of this state.
(Code 1923, §7708; Code 1940, T. 7, §422.)
In any proceeding before a court or judicial officer of the state where the genuineness of the handwriting of any person may be involved, any admitted or proved handwriting of such person shall be competent evidence as a basis for comparison by witnesses or by the jury, court or officer conducting such proceeding to prove or disprove such genuineness.
(Code 1923, §7707; Code 1940, T. 7, §420.)
Comparison of a disputed writing with any writing admitted to be genuine or proven to the reasonable satisfaction of the court to be genuine shall be permitted to be made by witnesses who are qualified as experts or who are familiar with the handwriting of the person whose handwriting is in question, and such writings and the evidence of witnesses respecting the same may be submitted to the court or jury trying the case as evidence of the genuineness or otherwise of the writings in dispute.
(Acts 1915, No. 90, p. 134; Code 1923, §7705; Code 1940, T. 7, §421.)
Copies of the field notes of the original government surveys of lands or other evidences of title to lands furnished by the Secretary of State or by the United States, or any department thereof, to the probate judge, when certified by such judge, are admissible in evidence.
(Code 1876, §3050; Code 1886, §2786; Code 1896, §1817; Code 1907, §3984; Code 1923, §7682; Code 1940, T. 7, §395.)
The books of account of any manufacturer, merchant, shopkeeper, physician or other person doing a regular business and keeping daily entries thereof may be admitted in evidence as proof of such accounts upon the following conditions:
(1) That he kept no clerk, or else the clerk is dead or otherwise inaccessible or for any other reason the clerk is disqualified from testifying;
(2) Upon proof, the party’s oath being sufficient, that the book tendered is his book of original entries;
(3) When any party or interested person, manager or other official of any association or company testifies to his or their account book and the items therein contained, that the same is a book of original entries and that the entries therein are true and just and were made by himself or his employee, deceased or living, in the usual course of trade and of his duty or employment to the party so testifying; thereupon the said account book and entries shall be admitted as prima facie evidence in the case upon the matters as shown by said account book;
(4) When, in any mercantile business, sales are regularly entered on charge tickets by the salesman making such sales, whence they are regularly transcribed to a day book or ledger as the first permanent memorial thereof, the testimony of the clerk or bookkeeper, who has transcribed such entries, that they were correctly transcribed by him, in due course of business, from the original tickets which came to him in due course from said salesman, shall render such entries in a day book or ledger prima facie evidence of the sale and delivery of such articles to the person charged therewith; and
(5) In case of the loss or destruction of the book of original entries, a ledger upon which such entries have been transcribed in due course of business shall be admissible as secondary evidence of the entries in the original book, upon the testimony of the clerk or bookkeeper making the same that they were correctly transcribed.
(Code 1907, §4003; Code 1923, §7701; Code 1940, T. 7, §414.)
Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, shall be admissible in evidence in proof of said act, transaction or event if it was made in the regular course of any business and it was the regular course of the business to make such memorandum or record at the time of such act, transaction, occurrence or event, or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but they shall not affect its admissibility. The term, “business” shall include a business, profession, occupation and calling of every kind.
(Code 1940, T. 7, §415.)
(a) Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, if it was made in the regular course of any business and it was in the regular course of the business to make such memorandum or record at the time of such act, transaction, occurrence or event, or within a reasonable time thereafter, may be photostated, or it may be photographed or microphotographed on plate or film; and such photostat, photographic or microphotographic plate or film, or print thereof, whether enlarged or not, shall be deemed to be an original record and shall be admissible in evidence in proof of said act, transaction, occurrence or event in all instances that the original record might have been admissible and shall be presumed to be a true and correct reproduction of the original record it purports to represent. All other circumstances of the making of such writing or record, or of such photostat, photographic or microphotographic plate or film or print thereof, whether enlarged or not, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but they shall not affect its admissibility.
(b) Whenever any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event has been photostated, photographed or microphotographed on plate or film, any party having the right to have the original record preserved or to an inspection of the original writing or record, or other rights in connection therewith, shall have the same rights as to the photostat, photographic or microphotographic plate or film, or prints made therefrom, in the event the original is not available. The custodian of such plate or film shall provide for the ready location of particular records so reproduced on plate or film and shall provide a projector or other convenient means for viewing the records so reproduced by those entitled thereto, and said custodian shall furnish a legible print or copy of such plate or film to such persons as are entitled to a copy of the original record. Nothing contained in this subsection shall be construed to allow the destruction or other disposition of original records which by statutory enactment now are, or hereafter may be, required to be preserved for inspection or for other purposes.
(c) For the purposes of this section, the term “business” shall mean and include any private business, industry, profession, occupation or calling of any kind. The term “record” or “records” as used in this section shall mean and include any writing or record as described in subsection (a) of this section, heretofore made or which may be made after May 21, 1951.
(Acts 1951, No. 23, p. 232, §§1-3.)
(a) In all civil actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.
(b) In such civil actions, information respecting such reimbursement or payment obtained or such reimbursement or payment which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.
(c) Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, evidence relating to such reimbursement or payment shall be admissible.
(d) This section shall not apply to any civil action pending on June 11, 1987.
(Acts 1987, No. 87-187, p. 258, §§1-3, 6.)
The execution of any instrument of writing attested by witnesses may be proved by the testimony of the maker thereof, without producing or accounting for the absence of attesting witnesses.
(Code 1896, §1797; Code 1907, §4006; Code 1923, §7704; Code 1940, T. 7, §418.)
The subscribing witness to prove execution of private documents must be produced in all cases except the following, unless otherwise specially provided:
(1) Ancient writings which prove themselves;
(2) If from any cause the witness cannot be produced or sworn;
(3) Official bonds required by law to be approved or tested by a particular functionary;
(4) If the paper is only incidentally or collaterally material to the case;
(5) If the party executing the written instrument testifies to its execution; or
(6) If the document is self-proving or properly acknowledged.
(Code 1907, §4004; Code 1923, §7702; Code 1940, T. 7, §416.)
Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent or are without the state or their residence is unknown or, being produced, they do not recollect the transaction, then proof of the actual signing by, or of the handwriting of, the alleged maker or subscribing witness shall be received as primary evidence of the fact of execution; and, if such evidence is not attainable, the court may admit evidence of the handwriting of the subscribing witnesses or other secondary evidence to establish such fact of execution.
(Code 1907, §4005; Code 1923, §7703; Code 1940, T. 7, §417.)
The party producing a writing as genuine which has been altered or appears to have been altered after its execution in a part material to the question in dispute must account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made or that the alteration did not change the meaning of the language of the instrument. If he does that, he may give the writing in evidence, but not otherwise.
(Code 1923, §7717; Code 1940, T. 7, §430.)
The existence and tenor or effect of the laws of any foreign country may be proved as facts by parol evidence, but if it shall appear that the law in question is contained in a written statute or code, the court may, in its discretion, reject any evidence of such law which is not accompanied by a copy thereof.
(Code 1923, §7711; Code 1940, T. 7, §425.)
The unwritten or common law of any other state of the United States, or of the territories thereof, may be proved as facts by parol evidence, and the books of reports of cases adjudged in the respective states purporting to be the official reports thereof or to have been published under the authority of the state or as a part of the national reporter system or of any universally accepted system of reports of decided cases and the works of commentators of recognized authority on the law of the particular state involved may also be admitted in evidence in proof of such unwritten or common law.
(Code 1923, §7710; Code 1940, T. 7, §424; Acts 1959, No. 105, p. 590, §1.)
Any deed or written instrument for the conveyance or sale of land purchased or entered at any land office of the United States in this state made or signed in or upon any book or record of such office may be proved by a copy thereof, certified by the register of such land office under his hand to be a correct copy, and such copy shall be received in all courts and proceedings under the laws of this state and may be recorded in the office of the probate judge of the county in which the land may be. A transcript of such record in the office of the probate judge may be certified and used in the same manner and in the same cases as transcripts of such records of original deeds may be.
(Code 1867, §2692; Code 1876, §3044; Code 1886, §2783; Code 1896, §1814; Code 1907, §3981; Code 1923, §7679; Code 1940, T. 7, §391.)
Exemplifications or copies of records and records of deeds and other instruments or of office books, or parts thereof, and official bonds which are kept in any public office in this state shall be proved or admitted as legal evidence in this state by the attestation of the keeper of said records or books, deeds or other instruments or official bonds that the same are true and complete copies of the records, bonds, instruments or books, or parts thereof, in his custody, and the seal of said keeper thereto annexed, if there is a seal (if there is no official seal, there shall be attached to such attestation the certificate of the clerk), and the seal of the circuit, district or municipal court of the proper county where such keeper resides that such attestation is genuine and made by the proper officer.
(Code 1923, §7709; Code 1940, T. 7, §423.)
The publication of any notice in a newspaper, when required by law or by order of court, may be proved by the production of a copy of the notice, with the affidavit of the printer, clerk or superintendent of the newspaper specifying the respective numbers and dates of the newspaper in which publication was made, and such affidavit shall be evidence.
(Code 1907, §3993; Code 1923, §7691; Code 1940, T. 7, §403.)
The posting of any notice required by law or the order of any court may be proved by filing a copy of the notice with an affidavit of posting in the court in which the proceeding was had in which the notice was required, and such affidavit shall be competent evidence in all courts and shall be prima facie evidence of what it states, but this shall not be the exclusive mode of proof.
(Code 1907, §3994; Code 1923, §7692; Code 1940, T. 7, §404.)
The acts of the legislature of any state or territory or of any country subject to the jurisdiction of the United States shall be authenticated by having the seals of such state, territory or country affixed thereto. The record and judicial proceedings of the courts of any state or territory or of any such country shall be proved or admitted in any other court within the United States by the attestation of the clerk and the seal of the court annexed, if there is a seal, together with a certificate of the judge, Chief Justice or presiding magistrate that the said attestation is in due form. The said records and judicial proceedings so authenticated shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
(Code 1923, §7714; Code 1940, T. 7, §427.)
All records and exemplifications of books which may be kept in any public office of any state or territory or of any country subject to the jurisdiction of the United States not appertaining to a court shall be proved or admitted in any court or office in any other state or territory or in any such country by the attestation of the keeper of said records or books and the seal of his office annexed, if there is a seal, together with a certificate of the presiding justice of the court of the county, parish or district in which such office may be kept, or of the governor or secretary of state, the chancellor or keeper of the great seal of the state, territory or country that the said attestation is in due form and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk of said court, who shall certify under his hand and the seal of his office that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor or keeper of the great seal, it shall be under the great seal of the state, territory or country aforesaid in which it is made. The said records and exemplifications so authenticated shall have such faith and credit given to them in every court and office within the United States as they may have by law or usage in the court or offices of the state, territory or country as aforesaid from which they are taken.
(Code 1923, §7715; Code 1940, T. 7, §428.)
The certificate of the head of any bureau or department of the general government is sufficient authentication of any paper or document appertaining to his office.
(Code 1852, §2294; Code 1867, §2694; Code 1876, §3046; Code 1886, §2787; Code 1896, §1818; Code 1907, §3985; Code 1923, §7683; Code 1940, T. 7, §396.)
As an additional or alternative mode of proof, the following documents may be proved as follows:
(1) Acts of the executive of this state, by the records of the state Department of the State, and of the United States, by the records of the State Department of the United States, certified by the heads of these departments respectively; they may also be proved by public documents printed by order of the Legislature or Congress, or either house thereof;
(2) The proceedings of the Legislature of this state or of Congress, by the journals of those bodies respectively, or either house thereof, or by published statutes or resolutions or by copies certified by the clerk or printed by their order;
(3) The acts of the executive or the proceedings of the Legislature of a sister state, in the same manner;
(4) The acts of the executive or the proceedings of the Legislature of a foreign country, by journals published by their authority or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign or by a recognition thereof in some public act of the executive of the United States;
(5) Acts of a municipal corporation of this state, or of a board or department thereof, by a copy, certified by the legal keeper thereof, or by a printed book published by the authority of such corporation;
(6) Documents of any other class in this state, by the original or by a copy, certified by the legal keeper thereof;
(7) Documents of any other class in a sister state, by the original or by a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of an appellate court, circuit or probate court or mayor of a city of such state that the copy is duly certified by the officer having the legal custody of the original;
(8) Documents of any other class in a foreign country, by the original or by a copy, certified by the legal keeper thereof, with a certificate, under seal, of the country or sovereign that the document is a valid and subsisting document of such country and the copy is duly certified by the officer having the legal custody of the original; and
(9) Documents in the departments of the United States government, by the certificate of the legal custodian thereof.
(Code 1923, §7719; Code 1940, T. 7, §432.)
This subdivision may be cited as the Alabama Uniform Unsworn Foreign Declarations Act.
(Act 2011-533, p. 884, §1.)
In this subdivision:
(1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2) “Law” includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) “Sign” means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(5) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6) “Sworn declaration” means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(7) “Unsworn declaration” means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
(Act 2011-533, p. 884, §1.)
This subdivision applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This subdivision does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
(Act 2011-533, p. 884, §1.)
(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this subdivision has the same effect as a sworn declaration.
(b) This subdivision does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath required to be given before a specified official other than a notary public;
(4) a declaration to be recorded pursuant to Title 35;
(5) an oath required by Sections 43-8-132 and 43-8-133; or
(6) a durable power of attorney executed pursuant to Chapter 1 of Title 26.
(Act 2011-533, p. 884, §1.)
If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
(Act 2011-533, p. 884, §1.)
An unsworn declaration under this subdivision must be in substantially the following form:
I declare under penalty of perjury under the law of the State of Alabama that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the (date), day of (month), (year), at
________________________________.
(specific location, including city, state, country, or other descriptive information)
(printed name)
(signature)
(Act 2011-533, p. 884, §1.)
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2011-533, p. 884, §1.)
This subdivision modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2011-533, p. 884, §1.)
A written notice or communication purportedly from the Department of Defense, the Adjutant General of the Army, the Secretary of the Navy or other officer charged with the duty of sending such notice or communication to the effect that any person in the armed forces of our country, or serving as auxiliary thereto, is dead shall be prima facie evidence of the death of such person.
(Acts 1945, No. 305, p. 499.)
(a) An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy or is dead or is alive, made by any officer or employee of the United States authorized by any law of the United States to make same, shall be received in any court, office or other place in this state as prima facie evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy or is dead or is alive, as the case may be.
(b) For the purpose of this section, any report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said section, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.
(Acts 1951, No. 29, p. 240, §§2, 3.)
[Repealed]
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §2285; Code 1867, §2688; Code 1876, §3042; Code 1886, §2791; Code 1896, §1823; Code 1907, §3990; Code 1923, §7688; Code 1940, T. 7, §400.)
The printed statute books of the several states and territories of the United States, purporting to be printed under the authority of those states and territories, and any copy of any statute, or any part thereof, contained therein, having attached thereto the certificate of the secretary of state, under seal of the state, certifying the copy to be complete and correct, that the statute book, from which the copy is taken, is deposited in the Office of the Secretary of State or in the state library and is, by him, believed to have been received under the authority of the state and territory purporting to have enacted the same shall be presumptive evidence in all courts of the legislative acts, public or private, of those states or territories, respectively. When the statute as written is only a part of the law of a state or territory and it is affected by other facts of a legal nature existing in that state or territory, if the courts of such state or territory have deduced from the written words of the statute upon a particular state of facts a well understood rule of law, then such rule of law may be proved by the testimony or opinions of competent witnesses instructed in the law of that state, or by the introduction into evidence of the books of reports of cases adjudged in that state purporting to be the official reports thereof, or to have been published under the authority of such state, or as a part of the national reporter system or of any universally accepted system of reports of decided cases or the works of commentators of recognized authority on the law of the particular state involved.
(Acts 1959, No. 105, p. 590, §2.)
Transcripts of Acts of Congress or of the statutes of any other state or territory of the United States, certified by the Secretary of State of this state as being deposited in his office or as being deposited in the Supreme Court library, and public or private statutes or the proceedings of any legislative body, purporting on the face of the book to be printed by authority of the government, state or territory, are evidence without further proof.
(Code 1852, §2293; Code 1867, §2693; Code 1876, §3045; Code 1886, §2790; Code 1896, §1821; Code 1907, §3988; Code 1923, §7686; Code 1940, T. 7, §399.)
Ordinances, bylaws and resolutions purporting to be published by authority of the council or other governing body in book or pamphlet form and any written or printed book, code or revision of the bylaws, resolutions or ordinances of any municipal corporation of this state purporting, on the face of the book or pamphlet, to be written or printed by authority or to be a code of ordinances, resolutions or bylaws of such municipal corporation or certified on such book or pamphlet under the hand of the clerk or recording officer of such corporation as being an official publication of ordinances, resolutions or bylaws of such municipal corporation and any such book or pamphlet certified by such official as correct shall be prima facie evidence of the due adoption, publication and continued existence of the bylaws, resolutions or ordinances therein written or printed or certified as correct, as of the dates mentioned or provided for therein, in any of the courts or in any legal proceedings in this state without further proof.
(Code 1896, §1822; Code 1907, §§1220, 1259, 3983; Code 1923, §§1944, 2000, 7687; Code 1940, T. 7, §369.)
Land patents issued by the United States, or any state of the United States, and tract books kept in the probate offices of the counties as required by law, or certified copies of entries taken therefrom, must be received in evidence without further proof.
(Code 1852, §2297; Code 1867, §2699; Code 1876, §3052; Code 1886, §2781; Code 1896, §1812; Code 1907, §3979; Code 1923, §7675; Code 1940, T. 7, §387.)
(a) All documents executed prior to February 12, 1879, by the Governor, in person or in his name by his secretary, purporting to convey any of the state’s lands which are ineffective as patents or conveyances because of not being executed as provided by law or for any other reason and which recite either the payment of the purchase money for the lands attempted to be conveyed thereby or the deposit of a receipt or certificate of the officer authorized to receive the money acknowledging that such payment has been made shall be admissible in evidence in any case affecting the title to such lands and shall be prima facie evidence of any sale or transfer of said lands there recited and of the payment of the purchase money thereof.
(b) A duly certified copy of the record of any such document which has been recorded for as much as 10 years in the office of the probate judge of the county in which is situated the land attempted to be conveyed thereby likewise shall be admissible in evidence and shall have the same probative effect as the original document.
(Acts 1911, No. 191, p. 192; Code 1923, §§7676, 7677; Code 1940, T. 7, §§388, 389.)
All certificates issued pursuant to any Act of Congress by any county commission, register of a land office or by anyone authorized by law to issue such certificate, upon any warrant or order of survey or for any donation or preemption claim, vest the legal title in the holder or his assignee and must be received as evidence of such title; and all transcripts of any official book, official entry or other document pertaining to any land office in this state, certified by the register of such land office, must be received as prima facie evidence of the facts contained in such transcripts so certified in all the courts of this state.
(Code 1852, §2292; Code 1867, §2691; Code 1876, §3043; Code 1886, §2782; Code 1896, §1813; Code 1907, §3980; Code 1923, §7678; Code 1940, T. 7, §390.)
The recitals in a sheriff’s deed of a judgment, an execution, a levy and a sale thereunder, or of any one or more of such facts or proceedings, shall be prima facie evidence of the fact or proceeding recited. Such sheriff’s deed, when properly executed, shall be received in evidence without independent proof of such fact or proceeding recited.
(Acts 1923, No. 476, p. 629; Code 1923, §7706; Code 1940, T. 7, §419.)
A judgment is admissible between any parties to show the fact of the entry or rendition thereof; between parties and privies thereto it is conclusive as to the matter directly in issue until reversed or set aside.
(Code 1907, §4002; Code 1923, §7700; Code 1940, T. 7, §412.)
Registers of marriages, births and deaths, kept in pursuance of law or any rule of a church or religious society may be certified by the custodian thereof and, when so certified, are presumptive evidence of the facts therein stated as well as of the law or rule in pursuance of which such registry was made and of the authority to certify the same.
(Code 1852, §2300; Code 1867, §2702; Code 1876, §3056; Code 1886, §2780; Code 1896, §1811; Code 1907, §3978; Code 1923, §7674; Code 1940, T. 7, §386.)
Copies of letters testamentary and of administration and guardianship shall be primary evidence of the fact of administration and guardianship to the same extent as the original letters, provided such copies of letters are duly certified from the proper record of the proper officer.
(Code 1907, §3996; Code 1923, §7694; Code 1940, T. 7, §406.)
Whenever the records of a county or of any court or office, or any part thereof, shall be transcribed in pursuance of law, the copy or transcribed record shall be evidence and shall prima facie have the same force and effect as the original from which the transcript was made.
(Code 1907, §3995; Code 1923, §7693; Code 1940, T. 7, §405.)
Copies of official bonds or other instruments or papers, required to be kept by any officer of this state and transcripts from the books and proceedings required to be kept by any sworn officer of the state are presumptive evidence in any case and have the same effect as if the original were produced and proved, upon the certificate of the custodian thereof that it is a true copy of the original.
(Code 1852, §2295; Code 1867, §2695; Code 1876, §3047; Code 1886, §2788; Code 1896, §1819; Code 1907, §3986; Code 1923, §7684; Code 1940, T. 7, §397.)
The certificate of a notary public under his hand and seal of office or of any other authorized person under his hand and seal of the presentment for acceptance or demand of payment or protest for nonacceptance or nonpayment of any instrument governed by the commercial law or of service of notice of such presentment, demand or protest and the mode of giving the same and the reputed place of residence of the party to whom the same was given and the post office nearest thereto is evidence of the facts contained in such certificate.
(Code 1867, §1089; Code 1876, §1336; Code 1886, §1110; Code 1896, §3030; Code 1907, §5171; Code 1923, §9247; Code 1940, T. 40, §11.)
The official entry of the proper officer on a paper shall be sufficient evidence of its registry.
(Code 1907, §3999; Code 1923, §7697; Code 1940, T. 7, §409.)
If the original of any paper properly registered is lost or destroyed, a certified copy from the registry shall be deemed good secondary evidence.
(Code 1907, §4000; Code 1923, §7698; Code 1940, T. 7, §410.)
Historical works, books of science or art and published maps or charts, when made by persons indifferent between the parties, are prima facie evidence of facts of general notoriety and interest.
(Code 1923, §7720; Code 1940, T. 7, §413.)
All receipts, releases and discharges in writing, whether of a debt of record, a contract under seal or otherwise, and all judgments entered pursuant to pro tanto settlements, must have effect according to their terms and the intentions of the parties thereto.
(Code 1852, §2282; Code 1867, §2685; Code 1876, §3039; Code 1886, §2774; Code 1896, §1805; Code 1907, §3973; Code 1923, §7669; Code 1940, T. 7, §381; Acts 1985, No. 85-517, p. 611.)
Receipts for money are always only prima facie evidence of payment and may be denied or explained by parol evidence.
(Code 1907, §3964; Code 1923, §7660; Code 1940, T. 7, §372.)
In all actions upon accounts, an itemized statement of the account, verified by the affidavit of a competent witness, taken before and certified by, a notary public or any officer having authority under the laws of this or another state to take and certify affidavits, is competent evidence of the correctness of the account if the plaintiff, at the time of bringing his action, files with his complaint such verified itemized statement and endorses on the complaint the fact that the account is verified by affidavit. Unless the defendant, within the time allowed him for pleading, files in the case an affidavit denying on information and belief the correctness of the account, which affidavit of the defendant shall state whether or not the defendant denies liability and whether or not he disputes the whole account or only a part or parts or an item or items thereof (if defendant disputes only a part or parts or an item or items of the account and not the whole account, he shall state in such affidavit what parts or items are disputed by him), the verified account so filed and noted by the plaintiff shall be competent evidence of the correctness of all parts and items of the account not disputed by defendant’s affidavit. Any person who files a denial of the correctness of the verified account and thereby causes delay or a continuance of the case, when, on final hearing of the case, the judge of the court does not believe that the denial affidavit was made in good faith, shall be penalized in a sum not exceeding five percent of the amount of the judgment recovered, which sum shall be added to and become a part of the judgment. The presence on the affidavit of the seal of the officer purporting to take such affidavit shall be prima facie evidence of the fact that it was affixed thereto by such officer.
(Code 1886, §2773; Code 1896, §1804; Code 1907, §3970; Acts 1915, No. 541, p. 609; Code 1923, §7666; Code 1940, T. 7, §378.)
Every written contract, the foundation of the action, purporting to be executed by the party sought to be charged, his partner, agent or attorney-in-fact, is evidence of the existence of the debt or that the party undertook to perform the duty for which it was given and that it was made on sufficient consideration, but may be impeached by answer, and, when so impeached, the burden of proof is on the defendant.
(Code 1852, §2278; Code 1867, §2681; Code 1876, §3035; Code 1886, §2769; Code 1896, §1800; Code 1907, §3966; Code 1923, §7662; Code 1940, T. 7, §374.)
Price current and commercial lists, printed at any commercial mart, are presumptive evidence of the value of any article of merchandise specified therein, at that place, at the date thereof and of the rate of exchange between that and other places, also of the rates of insurance, freights and the times of arrival and departure of ships and other vessels.
(Code 1852, §2299; Code 1867, §2701; Code 1876, §3055; Code 1886, §2779; Code 1896, §1810; Code 1907, §3977; Code 1923, §7673; Code 1940, T. 7, §385.)
Direct testimony as to the market value is in the nature of opinion evidence; one need not be an expert or dealer in the article, but may testify as to value if he has had an opportunity for forming a correct opinion.
(Code 1907, §3960; Code 1923, §7656; Code 1940, T. 7, §367.)
Interpreters may be sworn to interpret truly, when necessary, and must be paid as witnesses in the case.
(Code 1852, §2275; Code 1867, §2679; Code 1876, §3034; Code 1886, §2764; Code 1896, §1793; Code 1907, §4010; Code 1923, §7724; Code 1940, T. 7, §436.)
(a) Deaf person means any person either totally deaf, or who has defective hearing, or who has both defective hearing and speech.
(b) For the purpose of this section, the term qualified interpreter means an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is not available, an interpreter whose qualifications are otherwise determined. Efforts to obtain the services of a qualified interpreter certified with a legal skills certificate or a comprehensive skills certificate will be made prior to accepting services of an interpreter with lesser certification. No qualified interpreter shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately interpret the statements of the deaf person and interpret the proceedings in which a deaf person may be involved.
(c) In any case in law or equity before any court or the grand jury or during the juvenile court intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama Rules of Juvenile Procedure, wherein any deaf person is a party to such action, either as a complainant, petitioner, plaintiff, child, defendant, or witness, the court shall appoint a qualified interpreter to interpret the proceedings to the deaf person and interpret his or her testimony or statements and to assist in preparation with counsel.
(d) In any proceeding before any department, board, commission, agency, or licensing authority of the state, in any political subdivision or municipality, wherein any deaf person is a principal party of interest, either as a complainant, respondent, plaintiff, defendant, or witness such department, board, commission, agency, licensing authority or municipality shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret his or her testimony or statements.
(e) In the event a person who is deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer and his or her superiors shall procure a qualified interpreter in order to properly interrogate such deaf person and to interpret such person’s statements. No statement taken from such deaf person before an interpreter is present may be admissible in court.
(f) Every deaf person whose appearance before a proceeding entitles him or her to an interpreter should notify the appointing authority of his or her need prior to any appearance and should request at such time the services of an interpreter; provided that where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day he or she should notify the appointing authority and such notification shall be sufficient for the duration of his or her participation in the proceedings.
(g) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of his or her deafness when the appointing authority has reason to believe that the person is not deaf.
(h) It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through (1) The Alabama Registry of Interpreters for the Deaf; (2) Alabama Association of the Deaf; or, in the alternative, (3) any community resource wherein the appointing authority or the deaf person is knowledgeable that such qualified interpreters can be found. It shall be the responsibility of the Alabama Registry of Interpreters for the Deaf to compile and update annually a listing of qualified interpreters approved by the Alabama Association for the Deaf and to make this listing available to authorities in possible need of interpreter service as provided in this section.
(i) Before a qualified interpreter will participate in any proceedings subsequent to an appointment under the provisions of this section, such interpreter shall make an oath or affirmation that such interpreter will make a true interpretation in an understandable manner to the deaf person for whom he or she is appointed and that such interpreter will interpret the statements of the deaf person desiring that statements be made, in the English language to the best of such interpreter’s skill and judgment. The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter so indicates. Any and all information that the interpreter gathers from the deaf person pertaining to any proceeding then pending shall at all times remain confidential and privileged, or on an equal basis with the attorney-client privilege, unless such deaf person desires that such information be communicated to other persons.
(j) An interpreter appointed under the provisions of this section shall be entitled to a reasonable fee for such services. The fee shall be in accordance with standards established by the Alabama Registry of Interpreters for the Deaf, in addition to actual expenses for travel and transportation. When the interpreter is appointed by a court, the fee and expenses shall be paid out of the State General Fund from “Court Costs Not Otherwise Provided.” When the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.
(Acts 1965, No. 799, p. 1499, §1; Acts 1988, No. 88-538, p. 835; Act 2016-363, §1.)
The presiding judge before whose court a case involving such handicapped person or persons described in Section 12-21-131, when requested to do so as provided in Section 12-21-133, must furnish said interpreter from a roster of interpreters kept by the Clerk of the Alabama Supreme Court in his office at Montgomery, Alabama, said roster being provided by and approved solely by the Alabama Association of the Deaf.
(Acts 1965, No. 799, p. 1499, §2.)
It shall be the duty of any handicapped person described in Section 12-21-131 who desires the services of an interpreter as provided in Section 12-21-131, or his or her attorney of record to make known in writing to the presiding judge before whom such case is to be tried or heard, at least 30 days prior to or immediately upon the setting of such case, that such an interpreter is needed during the trial or hearing, so that said presiding judge can have sufficient time to comply with the provisions of Section 12-21-131, thus expediting the proceedings of said court in an orderly manner. Sections 12-21-131 through 12-21-134 shall not prevent any court from selecting and using interpreters as now provided by law, but are cumulative in providing additional means for obtaining qualified interpreters.
(Acts 1965, No. 799, p. 1499, §3.)
The compensation of any interpreter who is called upon for service in any legal litigation as described in Section 12-21-131 shall be fixed at $15.00 for each day while on active call by the presiding judge, together with actual expenses incurred by said interpreter while on active call by the presiding judge. Said compensation and expenses shall be approved by the presiding judge on proper forms prescribed by the Chief Examiner of Public Accounts, and said compensation and expenses shall be paid from the general funds of the Alabama State Treasury immediately upon presentation or filing with the state Comptroller by the claimant.
(Acts 1965, No. 799, p. 1499, §4.)
All testimony, except as otherwise directed, must be given in open court on the oath or affirmation of the witness.
(Code 1852, §2301; Code 1867, §2703; Code 1876, §3057; Code 1886, §2763; Code 1896, §1792; Code 1907, §3958; Code 1923, §7654; Code 1940, T. 7, §363.)
(a) This section shall be known as the “Alabama Armed Services Accommodation Act.”
(b) The Legislature finds it to be an important matter of public policy that an accommodation be made for military members who are asked to testify in civil or criminal trials in this state but are unable to attend in person. The purpose of this section is to ease the burdens on military personnel and their families brought on by the duty of appearing as a witness in a trial in this state when summoned. The purpose of this section is also to allow members of the armed services to assist in trials in this state as witnesses without interrupting their military service, while protecting the rights of all parties in civil or criminal litigation. The purpose of this section is also to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious resolution of cases in this state by providing a procedure in which testimony of a person serving in the armed services may be taken without undue hardship.
(c) The Legislature also finds it is a matter of public policy that an accommodation be made for the employees and representatives of the Alabama Department of Forensic Sciences who are asked or required to testify in civil or criminal trials in this state. This section will allow the employees and representatives of the Alabama Department of Forensic Sciences to appear as a witness, while minimizing the amount of time required for the employees and representatives of the Alabama Department of Forensic Sciences to be out of their respective facilities.
(d) For purposes of this section, the following words shall have the following meanings:
(1) ACTIVE DUTY. Full-time duty status in the Armed Services of the United States, including members of the reserve and National Guard components on active duty orders pursuant to 10 U.S.C. §§ 331, 332, 333, 12301(d), 12302, 12304, and 12406.
(2) ARMED SERVICES. The federal military forces of the United States including the Army, Navy, Marine Corps, Air Force, Coast Guard, a reserve component thereof, and the National Guard.
(3) FORENSIC SCIENTIST. Any employee or representative of the Alabama Department of Forensic Sciences.
(4) TWO-WAY VIDEO CONFERENCE. A conference among people in different locations by means of transmitted audio and video signals. The term includes use of all communication technologies that allow individuals in two or more locations to interact by two-way video and audio transmissions simultaneously in real time.
(e) Upon motion by either party, a circuit or district court judge may permit a witness to testify in any civil case by a two-way video conference presented in open court, if the moving party establishes all of the following to the satisfaction of the court:
(1) The witness is a member of the armed services currently on active duty status.
(2) The witness currently is not physically present in the State of Alabama.
(3) The witness’s absence from the state is a direct result of official military duty.
(4) The testimony of the witness is given under oath and subject to cross-examination.
(f) Upon consent of all the parties, a circuit or district court judge may permit a witness to testify in any criminal case by a two-way video conference presented in open court if the witness meets all of the requirements provided in subsection (e) for witnesses testifying in a civil case.
(g) Upon motion by either party, and upon consent by both parties, a circuit or district court judge may permit a forensic scientist to testify in any civil or criminal case by a two-way video conference presented in open court if the testimony of the witness is given under oath and subject to cross-examination.
(h) If the trial court authorizes testimony by a two-way video conference, the testimony shall be admissible only if it meets all of the following requirements:
(1) The parties, the court, and the trier of fact are able to see and hear the witness.
(2) The witness is able to see and hear the courtroom proceedings.
(3) Any attorney who is representing a party in any criminal or civil proceeding, or who is representing a victim in a criminal proceeding, is able to see and hear the witness.
(4) All persons present with the witness are identified on the record.
(i) Only the following persons may be present with the witness during his or her video testimony:
(1) The video conference technician.
(2) Any attorney assigned to represent or advise the witness, if provided at the discretion of the military or otherwise obtained by the witness at no cost to the state.
(3) Any person the court determines may be present.
(j) The party seeking to introduce testimony via two-way video conference shall be responsible for coordinating the audiovisual feed into the courtroom and any associated costs. Nothing in this section shall require any court to acquire two-way video conference equipment for these purposes. Any testimony given by two-way video conference under this section shall be recorded in the same manner as any other testimony in the proceeding. The oath may be administered to the witness by two-way video conference.
(k) Any testimony given by two-way video conference under this section must be otherwise admissible under the rules of evidence in the courts of this state.
(Act 2015-432, §§1, 2.)
The sanction of an oath, or affirmation equivalent thereto, is necessary to the reception of any oral testimony. The court may frame such affirmation according to the religious faith of the witness.
(Code 1907, §3959; Code 1923, §7655; Code 1940, T. 7, §364.)
The right of cross-examination, thorough and sifting, belongs to every party as to the witnesses called against him. If several parties to the same case have distinct interests, each may exercise this right.
(Code 1907, §4017; Code 1923, §7731; Code 1940, T. 7, §443.)
Leading questions are generally allowed in cross-examinations and only in these, but the court may exercise a discretion in granting the right to the party calling the witness and in refusing it to the opposite party when, from the conduct of the witness or other reason, justice requires it.
(Code 1907, §4018; Code 1923, §7732; Code 1940, T. 7, §444.)
In the examination of witnesses and the introduction of evidence, it shall not be necessary to state or disclose to the court the substance of the anticipated answer of the witness or of the evidence sought to be introduced by the question in order to put the court in error in its ruling on objection to the question unless the court requests that counsel disclose to the court the evidence sought by the question.
(Acts 1927, No. 550, p. 636; Code 1940, T. 7, §445.)
Where there is an objection to a question propounded to a witness in the trial of any case and the objection is overruled, it shall not be necessary to make a motion to exclude the answer of the witness in order to put the court in error on its ruling on such objection.
(Acts 1927, No. 550, p. 636; Code 1940, T. 7, §446.)
It is the right of a witness to be protected from improper questions and from harsh or insulting demeanor.
(Code 1907, §4016; Code 1923, §7730; Code 1940, T. 7, §442.)
No person engaged in, connected with or employed on any newspaper, radio broadcasting station or television station, while engaged in a news-gathering capacity, shall be compelled to disclose in any legal proceeding or trial, before any court or before a grand jury of any court, before the presiding officer of any tribunal or his agent or agents or before any committee of the Legislature or elsewhere the sources of any information procured or obtained by him and published in the newspaper, broadcast by any broadcasting station, or televised by any television station on which he is engaged, connected with or employed.
(Acts 1935, No. 253, p. 649; Code 1940, T. 7, §370; Acts 1949, No. 376, p. 548.)
(a) Any witness refusing to testify, unless privileged by law from testifying in the case, must be committed to the jail of the county, there to remain without bail until he consents to testify.
(b) No witness so imprisoned shall be discharged at the adjournment of the court, or afterwards, until he gives bond and surety in an amount to be prescribed by the judge of such court, to be approved by the clerk of the court, payable to the state and conditioned to appear at the next session and give evidence in the case.
(Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067; Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923, §§7742, 7743; Code 1940, T. 7, §§455, 456.)
The costs of any deposition introduced, in whole or in part, into evidence at the trial by the party taking it shall be taxed as costs in the case upon the certificate of the person before whom the deposition was taken; the costs of depositions in other cases shall be taxed as costs in the case only if the court so directs.
(Code 1896, §738; Code 1907, §3154; Code 1923, §6591; Code 1940, T. 7, §298.)
Any provision of this division regulating the admissibility or proof of facts in any proceeding shall apply only if the admissibility or proof of such facts is not governed by the Alabama Rules of Civil Procedure, or any other rule of practice as may be adopted by the Supreme Court of Alabama, or by Title 6 of this code.
(Acts 1977, No. 20, p. 28.)
(a) For the purpose of the use of deposition testimony in any court proceeding in any civil action, the term “physician” as used in the Alabama Rules of Civil Procedure or otherwise shall include any licensed Doctor of Chiropractic and any licensed podiatrist.
(b) The provisions of this section are supplemental and shall not be construed to repeal any law not in direct conflict with this section.
(Acts 1995, No. 95-739, p. 1587, §§1, 2; Act 99-573, p. 435, §1.)
(a) For purposes of this section, the following terms shall have the following meanings:
(1) ACTIVE MEMBER. Therapy dog teams who have had recorded visits at facilities including hospitals, nursing homes, libraries, and extended care facilities in the past 18 months.
(2) REGISTERED HANDLER. A volunteer registered by the court system as a therapy dog handler who has not been convicted of sexual, animal, or domestic abuse or any felony, who has been registered by a qualifying therapy dog organization, and has taken an oath of confidentiality. An officer of the court may be a handler only if there is no expense to the state.
(3) REGISTERED THERAPY DOG. a. A trained emotional support dog that has been tested and registered by a nonprofit therapy dog organization that sets standards and requirements for the health, welfare, task work, and oversight for therapy dogs and their handlers, including at a minimum, all of the following:
A current annual certificate of health from an Alabama veterinarian on a form designed by the nonprofit therapy dog organization.
Markings identifying the dog as a therapy dog while working.
An identification card or badge to be prominently displayed on the handler.
A minimum of 18 months of recorded visits in institutions such as hospitals, libraries, and nursing homes providing therapy and emotional support to people of all ages, and must have passed a test administered by a nonprofit therapy dog organization demonstrating the dog and handler are qualified to access public buildings and interact with the public.
Proof of liability insurance in the minimum amount of five hundred thousand dollars ($500,000) for each therapy dog working in the court system which may be provided through a nonprofit therapy dog organization.
b. Notwithstanding the requirements of paragraph a., a handler with a dog having the appropriate temperament may be tested by a certified Alabama law enforcement canine officer with a minimum of two years’ experience for the ability to be registered as a therapy dog for use in certain legal proceedings.
(4) THERAPY DOG ORGANIZATION. A nationally registered 501(c)(3) nonprofit therapy dog organization that has been continuously active for a minimum of three years as a therapy dog organization with at least 100 active therapy dog teams nationwide and with active members in Alabama.
(b) In a legal proceeding, to reduce the stress of the witness and to enhance the ability of the court to obtain full and accurate testimony, the court may allow a registered therapy dog to accompany a victim or witness while testifying, or in other court proceedings if a registered therapy dog is available.
(c) If the court, in its sole discretion, grants the use of a registered therapy dog, the registered therapy dog shall be accompanied by a registered handler who has received instruction from the district attorney’s office on the protocols and policies of legal proceedings for that circuit and the role of the registered therapy dog and registered handler to assure there is no interference with the collection of evidence and testimony or the administration of justice.
(d) If a jury has been empaneled in the legal proceeding, the registered therapy dog shall be accompanied by the registered handler to the witness stand with the witness outside of the presence of the jury and the registered handler shall return to his or her position in the courtroom within view of the witness stand. Subsequently, the jury shall be seated and the court shall inform the jury of the presence of the registered therapy dog and instruct the jury that the presence of a registered therapy dog should not create any prejudice to any party.
(e) During trial proceedings all precautions should be taken to obscure the presence of a registered therapy dog from the jury.
(f) Markings identifying the dog as a registered therapy dog while working must be visible.
(g) Subject to the Alabama Rules of Criminal Procedure, if requested by either party in a legal proceeding, the court may examine and confirm the credentials of the registered therapy dog and registered handler.
(h) Registered therapy dogs and handlers shall not be dismissed from any therapy dog organization for following the rules and procedures in this section or those set by the court.
(i) Prior to the use of a registered therapy dog in a court proceeding the state or moving party must file a notice of intent to use the registered therapy dog.
(j) A judge may award costs from the judge’s discretionary fund to the registered handler to offset some of the financial cost of using the dog in legal proceedings.
(Act 2017-413, §§2-4,.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) CERTIFIED FACILITY DOG. A trained working dog that is a graduate of an assistance dog organization, a nonprofit organization that sets standards of training for the health, welfare, task work, and oversight for assistance dogs and their handlers, and shall have at a minimum all of the following:
a. Two years of training and must have passed the same public-access test as a service dog.
b. Documentation showing that the certified facility dog has graduated from an assistance dog organization.
c. A current annual certificate of health from an Alabama veterinarian.
d. Proof of liability insurance in the minimum amount of five hundred thousand dollars ($500,000).
(2) CERTIFIED HANDLER. A certified handler who has received training from an assistance dog organization and has received training on the protocols and policies of legal proceedings and the role of the certified facility dog and certified handler to assure there is no interference with the collection of evidence and testimony, or the administration of justice.
(b) In a legal proceeding, to reduce the stress of a witness and to enhance the ability of the court to obtain full and accurate testimony, the court may allow a certified facility dog to accompany a victim or witness while testifying, or in other court proceedings, if a certified facility dog is available.
(c) If the court, in its sole discretion, grants the use of a certified facility dog, and a jury has been empaneled in the legal proceeding, the certified facility dog shall be accompanied by the certified handler to the witness stand with the witness outside of the presence of the jury, and the certified handler shall return to his or her position in the courtroom within view of the witness stand. Subsequently the jury shall be seated and the court shall instruct the jury on the presence of the certified facility dog and that the presence of a certified facility dog should not create any prejudice to any party.
(d) During trial proceedings, all precautions should be taken to obscure the presence of the dog from the jury.
(e) Markings identifying the dog as a certified facility dog while working must be visible.
(f) Subject to the Alabama Rules of Criminal Procedure, if requested by either party in a legal proceeding, the court may examine and confirm the credentials of the certified facility dog and certified handler.
(g) Prior to the use of a certified facility dog in a court proceeding the state or moving party must file a notice of intent to use the registered therapy dog.
(Act 2017-413, §6.)
(a) Generally. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
(b) Scientific evidence. In addition to requirements set forth in subsection (a), expert testimony based on a scientific theory, principle, methodology, or procedure is only admissible if:
(1) The testimony is based on sufficient facts or data,
(2) The testimony is the product of reliable principles and methods, and
(3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the Alabama Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540, et seq., or any judicial interpretation thereof.
(d) This section shall apply to all civil state court actions commenced on or after January 1, 2012. In criminal actions, this section shall only apply to non-juvenile felony proceedings in which the defendant that is the subject of the proceeding was arrested on the charge that is the subject of the proceeding on or after January 1, 2012. This section shall not apply to domestic relations, child support, juvenile, or probate cases.
(e) The provisions of this section, where inconsistent with any Alabama Rule of Civil Procedure, Alabama Rule of Criminal Procedure or Alabama Rule of Evidence, including, but not limited to, Ala. R. Evid. 702, shall supersede such rule or parts of rules.
(Code 1907, §4011; Code 1923, §7725; Code 1940, T. 7, §437; Act 2011-629, &p. 1485, sect;§1-4.)
No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as to any matter or thing, knowledge of which may have been acquired from the client, or as to advice or counsel to the client given by virtue of the relation as attorney or given by reason of anticipated employment as attorney unless called to testify by the client, but shall be competent to testify, for or against the client, as to any matter or thing the knowledge of which may have been acquired in any other manner.
(Code 1907, §§3962, 4012; Code 1923, §§7658, 7726; Code 1940, T. 7, §438.)
(a) No objection must be allowed to the competency of a witness because of his conviction for any crime, except perjury or subornation of perjury.
(b) As affecting his credibility, a witness may be examined touching his conviction for a crime involving moral turpitude, and his answers may be contradicted by other evidence.
(Code 1886, §2766; Code 1896, §§1795, 1796; Code1907, §§4008, 4009; Code 1923, §§7722, 7723; Code 1940, T. 7, §§434, 435.)
In civil actions and proceedings, there must be no exclusion of any witness because he is a party or interested in the issue tried, except that no person having a pecuniary interest in the result of the action or proceeding shall be allowed to testify against the party to whom his interest is opposed as to any transaction with, or statement by, the deceased person whose estate is interested in the result of the action or proceeding or when such deceased person, at the time of such transaction or statement, acted in any representative or fiduciary relation whatsoever to the party against whom such testimony is sought to be introduced, unless called to testify thereto by the party to whom such interest is opposed or unless the testimony of such deceased person in relation to such transaction or statement is introduced in evidence by the party whose interest is opposed to that of the witness or has been taken and is on file in the case. No person who is an incompetent witness under this section shall make himself competent by transferring his interest to another.
(Code 1867, §2704; Code 1876, §3058; Code 1886, §2765; Code 1896, §1794; Code 1907, §4007; Code 1923, §7721; Code 1940, T. 7, §433.)
When the borrower is dead and usury is relied on as a defense, the representative of the borrower, having given 10 days’ notice to the plaintiff, or his attorney of his intention so to do, is a competent witness to prove the usury by swearing that he believes the contract to be usurious, if the plaintiff was the lender, unless the plaintiff denies on oath, in open court, the truth of the facts proposed to be sworn to by the defendant.
(Code 1852, §2317; Code 1867, §2715; Code 1876, §3059; Code 1886, §2767; Code 1896, §1798; Code 1907, §4015; Code1923, §7729; Code 1940, T. 7, §441.)
(a) Persons who have not the use of reason, such as idiots, lunatics during lunacy and children who do not understand the nature of an oath, are incompetent witnesses.
(b) The court must, by examination, decide upon the capacity of one alleged to be incompetent from idiocy, lunacy, insanity, drunkenness or infancy.
(Code 1907, §§4013, 4014; Code 1923, §§7727, 7728; Code 1940, T. 7, §§439, 440.)
(a) As used in this section, unless a contrary meaning is clearly intended from the context in which the term appears, the following terms have the respective meanings hereinafter set forth and indicated:
(1) CLERGYMAN. Any duly ordained, licensed or commissioned minister, pastor, priest, rabbi or practitioner of any bona fide established church or religious organization and shall include and be limited to any person who regularly, as a vocation, devotes a substantial portion of his time and abilities to the service of his respective church or religious organization.
(2) LEGAL OR QUASI-LEGAL PROCEEDINGS. Any proceeding, civil or criminal, in any court, whether a court of record, a grand jury investigation, a coroner’s inquest and any proceeding or hearing before any public officer or administrative agency of the state or any political subdivision thereof.
(b) If any person shall communicate with a clergyman in his professional capacity and in a confidential manner (1) to make a confession, (2) to seek spiritual counsel or comfort, or (3) to enlist help or advice in connection with a marital problem, either such person or the clergyman shall have the privilege, in any legal or quasi-legal proceeding, to refuse to disclose and to prevent the other from disclosing anything said by either party during such communication.
(Acts 1979, No. 79-184, p. 295.)
(a) At the request of any party to a pending case, or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose addresses shall be given by the person requesting the subpoena, specifying therein the time and place for their appearance, the title of the case and the party at whose instance they are summoned and commanding them to appear in conformity therewith and give testimony.
(b) No subpoena shall issue for a witness residing more than 100 miles from the place of trial, computed by the route usually traveled, unless the person requesting the subpoena makes affidavit that the personal attendance of the witness is necessary to a proper decision of the case and that the deposition of the witness would be insufficient for that purpose, and the fact that such affidavit has been made must be endorsed by the clerk upon the subpoena.
(c) A subpoena issued under this section shall be directed “To any sheriff of the State of Alabama” and, unless the person requesting the subpoena directs that it be personally served as provided in subdivision (1) of this subsection, at the election of the sheriff, the subpoena shall be served by either of the following methods:
(1) By serving the subpoena personally on the witness or by leaving a copy at the place of residence of the witness; or,
(2) In cases or proceedings involving misdemeanors, if any such subpoena is requested more than 10 days before the date the witness is required to appear, the subpoena may be served by placing a copy of such in the United States mail, first class, postage prepaid, addressed to the witness at the address given by the person requesting the subpoena. The envelope in which such subpoena is mailed shall indicate the return address of the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated address it shall be returned to the sheriff. If the mailed subpoena is returned to the sheriff more than three days before the date the witness is required to appear, the sheriff may serve the subpoena in the manner provided in subdivision (1) of this subsection. Any witness whose mailed subpoena shall be returned to the sheriff three days or less before the date the witness is required to appear shall be reported by the sheriff “Not Found.” If the subpoena is served by mail, the date of service shall be the date upon which the sheriff deposits such in the United States mail.
(d) The sheriff shall make return by endorsing on the subpoena the date and manner of service and such return shall be prima facie proof of service.
(e) A witness may acknowledge service of a subpoena by endorsing acceptance thereof on the subpoena, in writing, in which event service by the sheriff shall not be required.
(f) All subpoenas issued while the court is in session commanding the appearance of a witness in a case or proceeding then being heard or to be heard during the term of the court then in session shall be served in the manner provided in subdivision (1) of subsection (c) of this section, unless, on the motion of either party or upon the court’s own motion, service by mail under subdivision (2) of subsection (c) of this section shall be directed by the court.
(Code 1852, §§2303-2305; Code 1867, §§2705-2707; Code 1876, §§3060-3062; Code 1886, §§2792-2794; Code 1896, §§1824-1826; Code 1907, §§4020-4022; Code 1923, §§7734-7736; Code 1940, T. 7, §§447-449; Acts 1980, No. 80-640, p. 1208, §2.)
A witness who is an expert in any art, science, trade or profession may be compelled to appear and testify to an opinion as such expert in relation to any matter whenever such opinion is material evidence relevant to an issue on trial before a court or jury without payment or tender of compensation other than the per diem and mileage allowed by law to witnesses under the same rules and regulations by which he can be compelled to appear and testify as to his knowledge of facts relevant to the same issue.
(Code 1923, §7713; Code 1940, T. 7, §366.)
(a) Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena and remain until his testimony is given or he is discharged forfeits $100.00 to the use of the party summoning him, and the attendance of such witness may be compelled by attachment.
(b) A conditional judgment must, on motion of such party, be entered against such witness and a notice issued to him that such judgment will be made absolute unless he appears within 30 days from the date of the service of such notice and renders a good excuse for his default; and, if he fails to appear and render a satisfactory excuse for his default, such judgment may be made absolute or reduced, as the court may direct.
(c) Witnesses failing to attend court may make their excuse by affidavit, or viva voce, in open court, which the court must hear at any time, unless engaged in the trial of a case, and, if the excuse is sufficient, release the party from any fine imposed, without the payment of costs.
(Code 1852, §§2307, 2308, 2312; Code 1867, §§2709, 2710, 2714; Code 1876, §§3064, 3065, 3068; Code 1886, §§2796-2798; Code 1896, §§1828-1830; Code 1907, §§4025-4027; Code 1923, §§7739-7741; Code 1940, T. 7, §§452-454.)
The sheriff, his deputy or any person specially deputed by a court of record may execute all warrants of arrest, attachments, subpoenas, etc., for witnesses or any other process issued by a court of record, during trial or within three days before trial, in any adjoining county. The sheriff, the deputy sheriff or person specially deputed may act upon a copy of such warrant, attachment or subpoena, given him over a telephone, by telegraph or by radio by the sheriff or clerk of the court.
(Code 1907, §4023; Code 1923, §7737; Code 1940, T. 7, §450.)
In all civil cases where the case is not decided at the first session, witnesses who have been served with subpoenas must not again be summoned by the clerk for further attendance, unless otherwise directed by the party originally summoning them, but such witnesses are bound to attend from session to session until the case is disposed of. If a judgment is entered in the case which is reversed on appeal, new subpoenas must be issued when the case is reset for trial; provided, however, that in the circuit court of counties having a population of 400,000 or more, according to the last or any subsequent federal census, the clerk of the said court must subpoena witnesses to attend court at each regular setting of a case after said witnesses have once been ordered summoned by the party, unless otherwise directed by said party originally summoning them.
(Code 1852, §2306; Code 1867, §2708; Code 1876, §3063; Code 1886, §2795; Code 1896, §1827; Code 1907, §4024; Code 1923, §7738; Code 1940, T. 7, §451; Acts 1947, No. 653, p. 504.)
When an intent to injure, defraud or cheat is necessary to be shown in order to constitute the offense, it is sufficient if such intent be to injure, defraud or cheat the United States, this state or any other state, or any public officer thereof, or any county, city, town, corporation, body politic or private individual.
(Code 1852, §643; Code 1867, §4195; Code 1876, §4897; Code 1886, §4479; Code 1896, §5303; Code 1907, §6873; Code 1923, §4019; Code 1940, T. 15, §312.)
In the trial of criminal cases it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the indictment, complaint or information unless the defendant, within 30 days after indictment if the defendant is under bond or within 30 days after arrest on capias, denies the existence of such corporation by a sworn plea.
(Code 1907, §6876; Code 1923, §4022; Code 1940, T. 15, §315.)
In all prosecutions for rape and assault with intent to ravish, the court may, in its discretion, exclude from the courtroom all persons, except such as may be necessary in the conduct of the trial; and, in all other cases where the evidence is vulgar, obscene or relates to the improper acts of the sexes and tends to debauch the morals of the young, the presiding judge shall have the right, by and with the consent and agreement of the defendant, in his discretion and on his own motion, or on the motion of the plaintiffs or defendants or their attorneys, to hear and try the said case after clearing the courtroom of all or any portion of the audience whose presence is not necessary.
(Code 1907, §4019; Code 1923, §7733; Code 1940, T. 15, §320.)
(a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings:
(1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this section.
(2) CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge.
(3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term includes, but is not limited to, evidence of the complaining witness’s marital history, mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards.
(b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in subsection (a) of this section, shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or of other witnesses, except as otherwise provided in this section.
(c) In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in subsection (d) of this section, finds that such past sexual behavior directly involved the participation of the accused.
(d) The procedure for introducing evidence, as described in subsection (c) of this section, shall be as follows:
(1) At the time the defense shall seek to introduce evidence which would be covered by subsection (c) of this section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant’s offer of proof. All in camera proceedings shall be included in their entirety in the transcript and record of the trial and case;
(2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this section, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and
(3) The defense may then introduce evidence pursuant to the order of the court.
(Acts 1977, No. 251, p. 328.)
On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent witness, and his failure to make such a request shall not create any presumption against him nor be the subject of comment by counsel. If the district attorney makes any comment concerning the defendant’s failure to testify, a new trial must be granted on motion filed within 30 days from entry of the judgment.
(Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code 1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)
There shall be no exclusion of a witness in a criminal case because, on conviction of the defendant, he may be entitled to a reward or to a restoration of property or to the whole or any part of the fine or penalty inflicted. The witness may be examined touching such circumstances, but the examination goes to his credibility and not to his competency as a witness.
(Code 1886, §4474; Code 1896, §5298; Code 1907, §7895; Code 1923, §5633; Code 1940, T. 15, §306.)
A conviction of felony cannot be had on the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the commission of the offense, and such corroborative evidence, if it merely shows the commission of the offense or the circumstances thereof, is not sufficient.
(Code 1852, §641; Code 1867, §4193; Code 1876, §4895; Code 1886, §4476; Code 1896, §5300; Code 1907, §7897; Code 1923, §5635; Code 1940, T. 15, §307.)
When two or more defendants are jointly indicted, the court may, at any time before the evidence for the defense has commenced, order any defendant to be discharged from the indictment in order that he may be a witness for the prosecution, and such order operates as an acquittal of such defendant, provided he does testify.
(Code 1852, §639; Code 1867, §4191; Code 1876, §4893; Code 1886, §4477; Code 1896, §5301; Code 1907, §7898; Code 1923, §5636; Code 1940, T. 15, §308.)
When two or more defendants are jointly indicted, the court may direct a verdict of acquittal to be entered in favor of any one of them against whom there is not, in the opinion of the court, evidence to put him on his defense; and, being acquitted, he may be a witness.
(Code 1852, §640; Code 1867, §4192; Code 1876, §4894; Code 1886, §4478; Code 1896, §5302; Code 1907, §7899; Code 1923, §5637; Code 1940, T. 15, §309.)
(a) The presiding judge of any circuit court or district court having reason to believe that the testimony of any convict serving a sentence in the penitentiary or to hard labor for the county is necessary in any criminal prosecution for the state and that other evidence cannot be obtained on behalf of the state may order a writ to be issued by the clerk, commanding the Board of Corrections to have the convict before the court on a specified day to give testimony in the particular case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution showing that a convict serving sentence in the penitentiary knows facts which would be beneficial to him, the judge may, if he believes the ends of justice will be served thereby, order the issuance of such a writ to secure the appearance of the convict to testify on behalf of the defendant. The writ shall be served on the board at least one week before the day appointed to have the witness in court; and the board must have the convict before the court on the specified day in accordance with the mandate of the writ, employing a trustworthy deputy, with a sufficient guard, to convey such convict to the court. After he has testified, the convict must be returned forthwith to the place from which he was brought.
(b) For conveying any convict under the provisions of subsection (a) of this section, the board is entitled to the actual expenses incurred in such removal, including the hire of necessary guards and their expenses; the guards and the convict are subject to the same liabilities and penalties for an escape or attempt to escape; and the sheriff or jailer of the county must, on demand of the officer having charge of the convict, receive and safely keep such convict in the county jail during his attendance on the court or while delayed in passing through the county and is entitled to the usual legal charge for feeding prisoners.
(Code 1852, §§365, 366; Code 1867, §§3913, 3914; Code 1876, §§4611, 4612; Code 1886, §§4631, 4632; Code 1896, §§4506, 4507; Code 1907, §§6560, 6561; Code 1923, §§3657, 3658; Code 1940, T. 45, §§61, 62; Acts 1949, No. 51, p. 76.)
In all cases where a husband is charged with abandoning his family and leaving them in danger of becoming a burden to the public, the wife shall be competent witness against her husband.
(Code 1907, §7900; Code 1923, §5638; Code 1940, T. 15, §310.)
The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do.
(Acts 1915, No. 826, p. 942; Code 1923, §5639; Code 1940, T. 15, §311.)
Witnesses must be subpoenaed to attend court on the day on which the case is set for trial in which they are subpoenaed as witnesses and to attend from day to day until discharged by law by the court or by the party by whom they are summoned as witnesses. Witnesses appearing on a given date may be ordered by the court to attend court on a subsequent day fixed or named by the court.
(Code 1852, §666; Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882; Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)
Where a case has been continued, it shall be the duty of the clerk of the circuit court or district court to issue a subpoena for all witnesses in such case when it is next set, and it shall be the duty of the sheriff to execute such subpoena by summoning the witnesses named therein. The circuit clerk shall, for the services required of him by this section, receive the same compensation that he receives for issuing the original subpoenas, and the sheriff shall receive the same compensation that he receives for serving the original summons. The costs accruing from the services performed as provided in this section shall be taxed and paid as other costs are taxed and paid in criminal cases.
(Code 1852, §666; Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882; Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)
Where a case has been remanded by the appropriate appellate court for a new trial, the clerk of the court to which said case has been remanded must issue subpoenas for all the witnesses in the case in the same manner as if the case had been continued.
(Code 1852, §666; Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882; Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)
It shall be the duty of the clerk of the circuit court to issue subpoenas for any necessary witnesses to be and appear before the grand jury without application having been made for such witnesses by the grand jury.
(Acts 1931, No. 574, p. 668; Code 1940, T. 15, §292.)
(a) No subpoena must be issued in a criminal case unless the defendant is in custody or has given bail to answer the charge.
(b) If the defendant is in custody or has given bail to answer the charge, it is the duty of the clerk of the court in which the prosecution is pending, on his application, to issue subpoenas for such witnesses as he requires.
(c) The clerk must also issue subpoenas for all witnesses on the part of the state whose names are so marked on the indictment, if any, and for such other witnesses as the district attorney may direct him to summon.
(d) It is the duty of clerks of the district and circuit courts to subpoena witnesses in cases set for trial to the day fixed for such trial.
(Code 1852, §§661-663; Code 1867, §§4213-4215; Code 1876, §§4918-4920, 4923; Code 1886, §§4456-4458, 4460; Code 1896, §§5280-5282, 5284; Code 1907, §§7877-7879, 7881; Code 1923, §§5615-5617, 5619; Code 1940, T. 15, §§289-291, 294.)
The district attorney also has authority to issue subpoenas for witnesses on the part of the state, to appear either before the grand jury or before any court in his circuit.
(Code 1852, §664; Code 1867, §4216; Code 1876, §4921; Code 1886, §4459; Code 1896, §5283; Code 1907, §7880; Code 1923, §5618; Code 1940, T. 15, §293.)
(a) In criminal cases, at the request of the state, or the defendant or the defendant’s attorney, the clerk of the court must issue subpoenas for witnesses whose address shall be given by the person requesting the subpoena, specifying therein the time and place for their appearance, the title of the case and at whose instance the witness is summoned, and commanding the witness to appear in conformity therewith and give testimony.
(b) No subpoena shall issue for a witness residing more than 100 miles from the place of trial, computed by the route usually traveled, unless the person requesting the subpoena makes affidavit that the personal attendance of the witness is necessary to a proper decision of the case and that the deposition of the witness would be insufficient for that purpose, and the fact that such affidavit has been made must be endorsed by the clerk upon the subpoena.
(c) A subpoena issued under this section shall be directed “To any sheriff of the State of Alabama” and, unless the person requesting the subpoena directs that it be personally served as provided in subdivision (1) of this subsection, at the election of the sheriff, the subpoena shall be served by either of the following methods:
(1) By serving the subpoena personally on the witness or by leaving a copy at the place of residence of the witness; or
(2) In cases or proceedings involving misdemeanors, if any such subpoena is requested more than 10 days before the date the witness is required to appear, the subpoena may be served by placing a copy of such in the United States mail, first class, postage prepaid, addressed to the witness at the address given by the person requesting the subpoena. The envelope in which such subpoena is mailed shall indicate the return address of the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated address it shall be returned to the sheriff. If the mailed subpoena is returned to the sheriff more than three days before the date the witness is required to appear, the sheriff may serve the subpoena in the manner provided in subdivision (1) of this subsection. Any witness whose mailed subpoena shall be returned to the sheriff three days or less before the date the witness is required to appear shall be reported by the sheriff “Not Found.” If the subpoena is served by mail, the date of service shall be the date upon which the sheriff deposits such in the United States mail.
(d) The sheriff shall make return by endorsing on the subpoena the date and manner of service and such return shall be prima facie proof of service.
(e) A witness may acknowledge service of a subpoena by endorsing acceptance thereof on the subpoena, in writing, in which event service by the sheriff shall not be required.
(f) All subpoenas issued while the court is in session commanding the appearance of a witness in a case or proceeding then being heard or to be heard during the term of the court then in session shall be served in the manner provided in subdivision (1) of subsection (c) of this section, unless, on the motion of either party or upon the court’s own motion, service by mail under subdivision (2) of subsection (c) of this section shall be directed by the court.
(Code 1852, §665; Code 1867, §4217; Code 1876, §4922; Code 1886, §4464; Code 1896, §5288; Code 1907, §7885; Code 1923, §5263; Code 1940, T. 15, §296; Acts 1980, No. 80-640, p. 1208, §3.)
Any witness who is duly summoned in a criminal case and who fails to appear as commanded shall forfeit $100.00 to the party at whose instance he was summoned, for which a conditional judgment must be entered against him.
(Code 1852, §672; Code 1867, §4224; Code 1876, §4929; Code 1886, §4470; Code 1896, §5294; Code 1907, §7891; Code 1923, §5629; Code 1940, T. 15, §302.)
Where a conditional judgment has been entered against a defaulting witness in a criminal case, if he does not appear before the docket then in process of being heard is completed and show a sufficient cause for his default, a notice must be issued by the clerk of the court within 30 days notifying him of the entry of such conditional judgment and that the same will be made absolute at the expiration of 30 days from the date of service of said notice unless he appears and shows sufficient excuse for his default, which notice must be served by the sheriff and return thereof made to the clerk. If he fails to appear as required or fails to show sufficient excuse for his default, to be determined by the court, the judgment must be made absolute against him.
(Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886, §4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code 1940, T. 15, §303.)
If two notices of the entry of such conditional judgment are returned “not found” by the proper officer, such returns are equivalent to personal service, and the judgment may be made absolute thereon.
(Code 1852, §674; Code 1867, §4226; Code 1876, §4931; Code 1886, §4472; Code 1896, §5296; Code 1907, §7893; Code 1923, §5631; Code 1940, T. 15, §304.)
The defendant in any criminal prosecution may take the testimony of any convict in the penitentiary on interrogatories and notice as in other cases of taking testimony by interrogatories, the convict’s answer being taken on oath and returned with the commission as in other cases, but the notice in such case, with a copy of the interrogatories, must be served on the district attorney of the circuit in which the prosecution is pending.
(Code 1852, §368; Code 1867, §3916; Code 1876, §4614; Code 1886, §4469; Code 1896, §5293; Code 1907, §7890; Code 1923, §5628; Code 1940, T. 15, §301.)
(a) In any criminal prosecution, the court may, upon motion of the district attorney, the defense, or the court, for good cause shown and after notice to the parties, order the taking of a deposition or a videotaped deposition of a victim or a witness when the victim or witness is or may be unavailable for trial for medical reasons or other exceptional circumstances. On any motion for a deposition or a videotaped deposition of the victim or witness, the court shall consider the age of the victim or witness, the potential unavailability of the victim or witness for trial, the nature of the offense, the nature of testimony that may be expected, and the possible effect that testimony in person at trial may have on the victim or witness, along with any other relevant matters that may be required by Supreme Court rule. During the taking of a deposition or a videotaped deposition, an attorney of the victim or witness may be present at the deposition if the victim or witness requests the presence of an attorney. If the court orders that a deposition of the victim or witness shall be taken as provided in this section, the party requesting the deposition shall make all necessary arrangements to have the deposition transcribed or videotaped, or both. Either party may request that the deposition be videotaped and the court may so order.
(b) The deposition shall be taken before the judge in the court’s chambers or at another suitable location as the court may direct and shall be conducted in the presence of the district attorney or assistant district attorney, the defendant and his or her attorney, and any other persons as the court in its discretion may permit, taking into consideration the welfare and well-being of the victim or witness. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce the defendant at the examination and keep the defendant in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause the defendant’s removal from the place of the taking of the deposition, the defendant persists in conduct which is such as to justify exclusion from that place. A defendant not in custody shall have the right to be present at the examination subject to any terms as may be fixed by the court, but a failure, absent good cause shown, to appear after notice shall constitute a waiver of that right and of any objection to the taking and use of the deposition based on that right. The state shall make available to the defendant or the defendant’s counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in possession of the state and to which the defendant would be entitled at the trial. In no event shall a deposition be taken of a defendant without the defendant’s consent. The court may also order any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place of the taking of the witness’s deposition. The examination and cross examination of the victim or witness shall proceed at the taking of the deposition or videotaped deposition as though the victim or witness was testifying personally in the trial of the case. The moving party shall provide the attorney for the other party with reasonable access and means to view and hear the deposition or videotaped deposition at a suitable and reasonable time prior to the trial of the case and with a copy of the deposition. Objections to the introduction into the record of the deposition shall be heard by the judge who presides at the trial of the case in which the introduction of the deposition or videotaped deposition is sought, and unless the court determines that its introduction in lieu of the victim’s or witness’s actual appearance as a witness at the trial will unfairly prejudice the defendant, the deposition or videotaped deposition shall be entered into the record by the moving party in lieu of the direct testimony of the victim or witness and shall be viewed by, heard by, or read to, the trier of fact at the trial of the case.
(c) For the purposes of this section, “videotaped deposition” means the visual recording on a magnetic tape, together with the associated sound of a witness testifying under oath to be entered in the record in a judicial proceeding. The term “deposition” as used in this section means a transcribed deposition which may include an audiotape of the deposition or a videotaped deposition.
(d) The Supreme Court may adopt rules of procedure regarding the taking and use of depositions or videotaped depositions in criminal proceedings as provided by this section, as well as for the transcribing of the deposition in the event the case is appealed.
(e) All costs associated with the taking of a deposition or the videotaping of a deposition ordered pursuant to this section shall be paid by the moving party.
(f) A deposition or videotaped deposition ordered pursuant to this section may be subject to a protective order of the court for the purpose of protecting the privacy of the victim of the offense or a witness until presented as evidence at trial.
(Acts 1995, No. 95-719, p. 1539, §1.)
This subdivision may be cited as the “Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.”
(Acts 1977, No. 638, p. 1084, §6.)
As used in this subdivision, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) WITNESS. A person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
(2) STATE. Any state or territory of the United States and the District of Columbia.
(3) SUMMONS. A subpoena, order or other notice requiring the appearance of a witness.
(Acts 1977, No. 638, p. 1084, §1.)
(a) If a judge in a court of record in any state which, by its laws, has made provision for commanding persons within that state to attend and testify in this state certifies under seal of such court that there is a criminal proceeding pending in such court or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such proceedings or grand jury investigation and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person resides or the county in which such person is found if he is not a resident of this state, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place for the hearing.
(b) If, at the hearing, the judge determines that the witness is material and necessary and that it will not cause undue hardship to the witness to be compelled to attend and testify in the criminal proceeding or grand jury investigation in the other state and that the laws of the state in which the proceeding is pending or the grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by the ordinary course of travel, will give him protection from arrest and service of civil and criminal process in connection with any matter which arose before his entrance into the state under the summons, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the criminal proceeding is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing, the certificate shall be prima facie evidence of all facts stated therein.
(c) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing. If, at the hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the criminal proceeding or grand jury investigation in the other state and that the laws of the state in which the criminal proceeding is pending or grand jury investigation has commenced or is about to commence will give to him the protection from arrest and service of civil and criminal process in connection with any matter which arose before his entrance into the state under the summons, the judge may, in lieu of issuing a subpoena or summons, order that said witness be taken into the custody and delivered to an officer of the requesting state. The certificate shall be prima facie proof of such desirability.
(d) If the witness, who is summoned as provided in this section, after being paid or tendered by some properly authorized persons the sum of $.15 a mile for each mile by the ordinary traveled route to and from the court where the proceeding is pending and $15.00 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
(Acts 1977, No. 638, p. 1084, §2.)
(a) If a person in any state which, by its laws, has made provision for commanding persons within its borders to attend and testify in criminal proceedings or grand jury investigations commenced or about to be commenced in this state is a material witness in a criminal proceeding pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(b) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state, the judge of the court of record where the certificate is presented shall order that said witness be taken into custody and delivered to an officer of this state, which order shall be sufficient authority to such officer to take such witness into custody and hold him unless and until he may be released by bail, recognizance or order of the judge issuing the certificate. This certificate shall be presented to a judge of a court of record in the county in which the witness resides or is found if he is not a resident of that state.
(c) If the witness is summoned to attend and testify in this state, he shall be tendered the sum of $.15 a mile for each mile traveled by the ordinary route to and from the court where the proceeding is pending and $15.00 for each day that he is required to travel and attend as a witness, to be paid out of the district attorney’s fund or such other fund as may be provided therefor upon the direction of the district attorney. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court.
(d) If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner prescribed for the punishment of any witness who disobeys a summons issued from a court of record in this state.
(Acts 1977, No. 638, p. 1084, §3.)
(a) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
(b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
(Acts 1977, No. 638, p. 1084, §4.)
This subdivision shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
(Acts 1977, No. 638, p. 1084, §5.)
(a) In any criminal case, or juvenile or family court case which is of a criminal nature, the prosecuting authority may offer a certificate of analysis as described below, in lieu of direct testimony. The court shall receive as evidence the certificate of analysis from any of the following:
(1) A person performing an analysis or examination in any laboratory operated by the Alabama Department of Forensic Sciences or authorized by the department to conduct an analysis or examination of the type performed.
(2) A person performing an analysis or examination in any criminalistics laboratory established pursuant to federal law.
(b) To be admissible pursuant to this section, a certificate of analysis shall contain all of the following:
(1) The date and time the evidence was delivered to the facility.
(2) The name of the person making the delivery, and the name of the person receiving the delivery.
(3) A brief description of the evidence.
(4) The type of examination or analysis requested.
(5) The name of the person making the examination or analysis.
(6) The date or dates of the examination or analysis.
(7) The results of the examination or analysis.
The certificate of analysis shall give the name and address of the facility in which the examination or analysis was made, and it shall be signed by and sworn to as true and correct, under penalty of law, by the person making the examination or analysis.
(Acts 1995, No. 95-743, p. 1688, §1.)
The party seeking to introduce a certificate of analysis shall not less than 40 days prior to the commencement of the hearing or trial, give written notice to all parties of intent to offer proof by a certificate of analysis. The notice shall include a copy of the certificate of analysis.
(Acts 1995, No. 95-743, p. 1688, §2.)
(a) The party against whom the certificate is offered may request, not later than 30 days prior to the commencement of the hearing or trial, a hearing to show cause why a subpoena should be issued for cross-examination of the person who performed the examination or analysis.
(b) The request shall be in writing and shall contain a certification that the requesting party intends in good faith to conduct the cross-examination. The request shall also include a statement of the basis upon which the requesting party intends to challenge the findings contained in the certificate of analysis. The court shall grant the request for subpoena only for good cause shown. Good cause shall not include a challenge to the findings contained in the certificate of analysis, unless the requesting party first establishes a legitimate basis for the challenge. If the request for subpoena is granted, and the requesting party subsequently fails to conduct the cross-examination previously certified to, the court shall assess against the requesting party, all necessary and reasonable expenses incurred for the attendance in court of the certifying witness.
(Acts 1995, No. 95-743, p. 1688, §3.)
This subdivision shall not apply where the defendant is charged with an offense punishable by death, nor shall this subdivision apply to the offenses enumerated in Chapter 6 of Title 13A.
(Acts 1995, No. 95-743, p. 1688, §4.)
This article may be cited as the Alabama Uniform Interstate Depositions and Discovery Act.
(Act 2012-518, p. 1538, §1.)
In this article:
(1) “Foreign jurisdiction” means a state other than this state.
(2) “Foreign subpoena” means a subpoena issued in a civil action under authority of a court of record of a foreign jurisdiction.
(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(4) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) “Subpoena” means a document, however denominated, issued in a civil action under authority of a court of record requiring a person to:
(A) Attend and give testimony at a deposition.
(B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person.
(C) Permit inspection of premises under the control of the person.
(Act 2012-518, p. 1538, §2.)
(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of this state.
(b) When a party submits a foreign subpoena to a clerk of the circuit court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) A subpoena under subsection (b) must:
(1) Incorporate the terms used in the foreign subpoena.
(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
(3) Plainly and prominently state on its face: “THE RECIPIENT OF THIS SUBPOENA HAS THE RIGHT TO OBJECT TO THIS SUBPOENA WITHIN FIFTEEN (15) DAYS OF PROPER SERVICE BY SUBMITTING A REASONABLY SPECIFIC WRITTEN OBJECTION TO THE PARTY INITIATING THE SUBPOENA AS WELL AS THE LOCAL ISSUING CLERK OF THE COURT AT THE FOLLOWING ADDRESS: [ADDRESS OF CLERK OF COURT].”
(Act 2012-518, p. 1538, §3.)
A subpoena issued by a clerk of court under Section 12-21-402 must be served in compliance with Rule 45 of the Alabama Rules of Civil Procedure.
(Act 2012-518, p. 1538, §4.)
The Alabama Rules of Civil Procedure as well as any applicable provision of the Code of Alabama 1975, apply to subpoenas issued under Section 12-21-402. To the extent that the provisions of Rule 28(b)(3) and subsection (c) of Rule 28 conflict with this article, those provisions are no longer effective.
(Act 2012-518, p. 1538, §5.)
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 12-21-402 must comply with the rules or statutes of this state and must be submitted to the circuit court in the county in which discovery is to be conducted.
(Act 2012-518, p. 1538, §6.)
(a) In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(b) The privilege extended to persons in other states for discovery under this article shall only apply if the jurisdiction where the action is pending has extended a similar privilege to persons in this state.
(Act 2012-518, p. 1538, §7.)
This article applies to requests for discovery in cases pending on or filed after January 1, 2013.
(Act 2012-518, p. 1538, §8.)
A confession of judgment is in law a release of errors.
(Code 1852, §3036; Code 1867, §3504; Code 1876, §3945;Code 1886, §3660; Code 1896, §477; Code 1907, §2892; Code 1923, §6152; Code 1940, T. 7, §813.)
From any final judgment of the circuit court or probate court, an appeal lies to the appropriate appellate court as a matter of right by either party, or their personal representatives, within the time and in the manner prescribed by the Alabama Rules of Appellate Procedure.
(Code 1867, §3485; Code 1876, §3916; Code 1886, §3611; Code 1896, §426; Code 1907, §2837; Code 1923, §6078; Code 1940, T. 7, §754.)
If a court of record ceases to exist by reason of the repeal of the statute creating it and, while existing, rendered a judgment or decree from which an appeal would lie, within the time prescribed by law, an appeal therefrom may be taken by filing a notice of appeal with the clerk or register of the court to which the unfinished business or the records of such inferior court may be transferred as if such judgment or decree had been rendered in the court having the jurisdiction of such unfinished business or the custody of such records. In the event of the reversal of such judgment or decree, the remandment of the case must be to the latter court.
(Code 1876, §§3919, 3920; Code 1886, §3618; Code 1896, §435; Code 1907, §2847; Code 1923, §6089; Code 1940, T. 7, §753.)
From a judgment of the circuit court or probate court on a partial or annual settlement of an estate of a deceased person, an appeal lies to the Supreme Court; but this section shall not be construed as to prevent the presentation of an issue upon appeal taken after a final determination of the case.
(Code 1896, §433; Code 1907, §2845; Code 1923, §6087; Code 1940, T. 7, §763.)
When an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4, Alabama Rules of Appellate Procedure, from a final judgment in the circuit court in ad quod damnum proceedings under Section 18-1-20, the judgment of the circuit court shall not be stayed if the compensation assessed is paid to the owner and the costs of the case are paid into court, or if such compensation together with the costs of the case are paid into court and the applicant has given bond in double the amount of the damages assessed, conditioned to pay to the landowner such judgment as may be finally entered in his favor.
(Code 1907, §2842; Acts 1911, No. 442, p. 625; Code 1923, §6084; Code 1940, T. 7, §760.)
Appeals may be taken to the appropriate appellate court from the judgment of the circuit court on application for writs of certiorari, supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation of an issue upon appeal taken after a final determination of the case.
(Code 1876, §3923; Code 1886, §3616; Code 1896, §431; Code 1907, §2843; Code 1923, §6085; Code 1940, T. 7, §761.)
If any application is made to a circuit court judge for a temporary restraining order and refused, no other circuit court judge can act on the application. The application may be made to a judge of the Court of Civil Appeals or Supreme Court; if refused by a judge of the Court of Civil Appeals, it may be renewed to a judge of the Supreme Court, but no other officer, and, if refused by a judge of the Supreme Court, it cannot be renewed. Application to an appellate judge shall be made and acted upon in accordance with the Alabama Rules of Civil Procedure.
(Code 1852, §2976; Code 1867, §3431; Code 1876, §3872; Code 1886, §3525; Code 1896, §790; Code 1907, §4519; Code 1923, §8295; Code 1940, T. 7, §1045.)
No application shall be made to a justice of the Supreme Court or a judge of the Court of Civil Appeals for a temporary restraining order or other equitable process which may be granted by any other judge or officer unless the same has been made to such other judge or officer and refused by him.
(Code 1852, §2977; Code 1867, §3432; Code 1876, §3873; Code 1886, §3526; Code 1896, §791; Code 1907, §4520; Code 1923, §8296; Code 1940, T. 7, §1046.)
An appeal will lie to the appropriate appellate court from an order appointing or refusing to appoint a receiver.
(Code 1867, §4422; Code 1876, §3921; Code 1886, §2614; Code 1896, §429; Code 1907, §2840; Code 1923, §6082; Code 1940, T. 7, §758.)
Either party in a civil case, or the defendant in a criminal case, may appeal to the appropriate appellate court from an order granting or refusing a motion for a new trial by the circuit court.
(Code 1896, §434; Code 1907, §2846; Acts 1915, No. 656, p. 722; Code 1923, §6088; Code 1940, T. 7, §764; Acts 1949, No. 57, p. 81.)
An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order or decree of the probate judge; and, in all cases where it may of right be done, the appellate court shall render such decree, order or judgment as the probate court ought to have rendered.
(Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457; Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)
Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the circuit court in such cases shall be within the time hereinafter specified:
(1) From the decree, judgment or order on a contest as to the validity of a will, to be taken within 42 days after the determination of the contest;
(2) From the decree, judgment or order on an application claiming the right to execute a will or administer an estate, to be taken within 42 days after the hearing and decision of such application, unless the application was denied because the applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason of improvidence, intemperance or want of understanding, in which case the appeal must be taken within seven days from the denial of the application;
(3) Upon any decree, judgment or order removing an executor or administrator, in which case the appeal must be taken within seven days after such decree, judgment or order;
(4) By a legatee or person entitled to distribution, on the decision of the court, in proceedings instituted to compel the payment of a legacy or distributive share, at any time within 42 days after such decision;
(5) After a final settlement, upon any order, judgment or decree, made on such settlement, or respecting any item or matter thereof, or any previous settlement or item, or matter thereof, within 42 days thereafter;
(6) Upon any issue as to the insolvency of an estate and upon any issue as to an allowance of any claim against insolvent estates, in which cases the appeal must be taken within 42 days after the determination of such issue; and
(7) On an application for a division or partition of real or personal property, in which case the appeal must be taken within 42 days, and the decree, judgment or order may be stayed upon the execution, within 14 days, of a supersedeas bond, payable to the appellee, in an amount and upon condition to be prescribed by the probate judge, such stay of execution to continue until the appeal is decided.
(Code 1852, §1888; Code 1867, §2244; Code 1876, §3954; Code 1886, §3641; Code 1896, §458; Code 1907, §2856; Code 1923, §6115; Code 1940, T. 7, §776.)
An appeal to the Supreme Court may be taken from the judgment of the circuit court on an appeal brought to such court under the provisions of this division.
(Code 1852, §1894; Code 1867, §2253; Code 1876, §3963; Code 1886, §3642; Code 1896, §459; Code 1907, §2857; Code 1923, §6116; Code 1940, T. 7, §777.)
Upon the contest of a will removed from the probate court of the county in which it was propounded to the probate court of another county for trial, an appeal lies to the Supreme Court.
(Code 1852, §1889; Code 1867, §2248; Code 1876, §3958; Code 1886, §3643; Code 1896, §460; Code 1907, §2858; Code 1923, §6117; Code 1940, T. 7, §778.)
(a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a cash bond or a bond with at least two good and sufficient sureties, payable to the probate judge and in the amount fixed by him, not less than the amount of his bond as executor or administrator, conditioned to prosecute the appeal to effect and, until the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof may be ordered forfeited for costs, or, if other than a cash bond was given, execution for costs may issue against him and the sureties on such bond, their names being certified with the record to the appellate court.
(c) Such bond also stands as security for the faithful discharge of his duties as such executor or administrator, from the time the same is approved until the appeal is finally decided.
(Code 1852, §§1895-1897; Code 1867, §§2254-2256; Code 1876, §§3964-3966; Code 1886, §§3644-3646; Code 1896, §§461-463; Code 1907, §§2859-2861; Code 1923, §§6118-6120;Code 1940, T. 7, §§779-781.)
In all other cases in which an appeal is taken under the provisions of this division, the appellant, or someone for him, must give security for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit court, as the case may be, and the names of such sureties must be certified with the record to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite. If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered against him for a less amount than the judgment of the court from which the appeal is taken, execution may issue against him and such sureties for the costs of the appeal.
(Code 1852, §1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907, §2862; Code 1923, §6121; Code 1940, T. 7, §782.)
The next friend or general guardian of a minor or of a person of unsound mind may, in the name of such minor or person of unsound mind, take and prosecute an appeal from any final decree of the probate court or from any judgment, order or decree of the probate judge, on giving security for the costs of the appeal; but a guardian ad litem may take and prosecute an appeal without giving any security for costs of the appeal and shall not be liable personally for costs of the appeal.
(Code 1867, §2258; Code 1876, §3968; Code 1886, §3651; Code 1896, §468; Code 1907, §2866; Code 1923, §6125; Code 1940, T. 7, §786.)
The costs of an appeal, when paid by an executor or administrator, guardian or guardian ad litem, or next friend or an administrator ad litem, may, in the discretion of the probate judge, be reimbursed from the estate of the testator, intestate, infant or person of unsound mind.
(Code 1852, §1899; Code 1867, §2259; Code 1876, §3969; Code 1886, §3652; Code 1896, §469; Code 1907, §2867; Code 1923, §6126; Code 1940, T. 7, §787.)
The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register on the minutes of the court, but the failure to make such order or, if made, to file or record the same shall not impair the validity or obligation of any bond which is given as a security by which an appeal and a stay of execution are in fact obtained.
(Code 1852, §3020; Code 1867, §3490; Code 1876, §3928; Code 1886, §3626; Code 1896, §443; Code 1907, §2876; Code 1923, §6135; Code 1940, T. 7, §796.)
For taking insufficient surety, the clerk, register or probate judge is liable to the appellee for the damages thereby sustained, unless the surety was generally reputed good for the amount when he was received; but the clerk, register or probate judge is not required to receive anyone as surety who refuses to answer on oath as to his sufficiency.
(Code 1852, §3021; Code 1867, §3491; Code 1876, §3929; Code 1886, §3630; Code 1896, §447; Code 1907, §2880; Code 1923, §6139; Code 1940, T. 7, §800.)
If, by reason of negligence or delay of the clerk, register or probate judge, the record on appeal is not delivered to the clerk of the appellate court in time to be filed or if the record on appeal is so defective that the appellate court cannot proceed thereon, the clerk, register or probate judge forfeits to the party aggrieved the sum of $200.00 and is further liable to him, in an action on the case, for all damages sustained by his neglect or delay.
(Code 1852, §3028; Code 1867, §3496; Code 1876, §3937; Code 1886, §3636; Code 1896, §453; Code 1907, §2850; Code 1923, §6109; Code 1940, T. 7, §772.)
The appellate court may, upon the reversal of any judgment or decree, remand the same for further proceedings or enter such judgment or decree as the court below should have entered or rendered, when the record enables it to do so.
(Code 1852, §3034; Code 1867, §3502; Code 1876, §3943; Code 1886, §3658; Code 1896, §475; Code 1907, §2890; Code 1923, §6149; Code 1940, T. 7, §810.)
When an appeal is taken to the appropriate appellate court from the judgment of any court and the appellate court shall be of the opinion that the case should be reversed because the judgment of the lower court is excessive and that there is no other ground of reversal, the appellate court shall notify the appellee of the amount which it deems in excess of the just and proper amount of recovery and require the appellee, within a time to be stated in said notice, to remit such amount upon penalty of a reversal of the case. If the appellee does not, within the time stated in such notice or within such further time as may be granted by the court for good reason file a remittitur of such excessive amount, the appellate court shall reverse and remand the case; but, if the appellee shall file with the court a remittitur of the amount deemed excessive by the court, the appellate court shall reduce the amount of the judgment accordingly and shall affirm the case and enter a judgment for such reduced amount, which judgment so entered shall be and remain the judgment of the lower court and shall date back to the time of the entry or rendition of the judgment in the lower court.
(Acts 1915, No. 542, p. 610; Code 1923, §6150; Code 1940, T. 7, §811.)
When a judgment or decree is entered or rendered for money, whether debt or damages, and the same has been stayed on appeal by the execution of bond, with surety, if the appellate court affirms the judgment of the court below, it must also enter judgment against all or any of the obligors on the bond for the amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal of any judgment or decree entered or rendered for any amount of commissions, fees or compensation fixed or determined by the trial court and taxed or allowed as costs, if the appellate court affirms the judgment or decree of the court below and the payment thereof has been stayed on such appeal, judgment shall be entered by the appellate court against all or any of the obligors on the bond for the amount affirmed, and the costs of the appellate court; provided, however, that if no supersedeas bond has been executed on such appeal, the appellate court, in the event of affirmance, shall increase the amount so allowed as costs by the court below in the judgment or decree appealed from by adding thereto the costs of the appellate court.
(Code 1852, §§3032, 3033; Code 1867, §§3500, 3501; Code 1876, §§3941, 3942; Code 1886, §§3661, 3662; Code 1896, §478; Code 1907, §2893; Code 1923, §6153; Code 1940, T. 7, §814; Acts 1951, No. 724, p. 1275; Acts 1987, No. 87-188, p. 259,§1.)
When an appeal is taken on a trial of the right of property and the judgment is stayed by the execution of a supersedeas bond, if the appellate court affirms the judgment of the court below, it must also enter judgment against the obligors in said bond for the amount of the costs of the appellate court.
(Code 1852, §3024; Code 1867, §3494; Code 1876, §3935; Code 1886, §3663; Code 1896, §479; Code 1907, §2894; Code 1923, §6154; Code 1940, T. 7, §815; Acts 1987, No. 87-188, p. 259, §2.)
On the effective date of Act No. 87-188 [June 11, 1987], the provisions contained therein shall apply to all causes of action not yet filed, any lawsuit upon which any judgment has not been rendered and/or all judgments which have not been affirmed by an appropriate appellate court and had a 10 percent penalty assessed as so provided by Section 12-22-72 and/or Section 12-22-73.
(Acts 1987, No. 87-188, p. 259, §3; Acts 1988, 1st Sp. Sess., No. 88-918, p. 512, §1.)
Upon the affirmance of a judgment for the recovery of chattels in specie, judgment for which has been stayed by the execution of a supersedeas bond, the court must also enter judgment against the obligors in said bond for 10 percent of the alternative value of such property as fixed by the court below, and the damages fixed for the detention thereof.
(Code 1852, §3027; Code 1867, §3495; Code 1876, §3936; Code 1886, §3664; Code 1896, §480; Code 1907, §2895; Code 1923, §6155; Code 1940, T. 7, §816.)
When an appeal shall be prosecuted from a judgment to the appropriate appellate court and such appeal is dismissed or the judgment is affirmed, upon a certificate of judgment of the appellate court being filed in the office of the clerk of the court from which the case was originally appealed, execution may issue and other proceedings be had thereon in all respects as if no appeal had been prosecuted.
(Code 1923, §6092; Code 1940, T. 7, §747.)
Clerks of the circuit court and probate judges, when cases have been taken from their respective courts to an appellate court by appeal or other lawful mode and been there decided, if the costs accruing in such lower courts for transcripts, or otherwise, are not paid by the parties against whom they were adjudged in the appellate court, may issue executions for costs, returnable into the court in which such costs accrued.
(Code 1867, §3511; Code 1876, §3952; Code 1886, §3639; Code 1896, §456; Code 1907, §2854; Code 1923, §6113; Code 1940, T. 7, §752.)
(a) Any party aggrieved by the judgment on the trial of a habeas corpus may appeal to the appropriate appellate court.
(b) The district attorney or other prosecuting officer or attorney may take an appeal on behalf of the state to the appropriate appellate court when, on habeas corpus, any person held in custody under a charge or conviction for crime or for extradition as a fugitive from justice from any other state is discharged from custody or when any person held in custody under an indictment by the grand jury charging him with a capital offense is admitted to bail. In all such cases the judgment must be stayed pending the appeal.
(c) Pending the appeal, the person restrained shall be admitted to bail, with sufficient sureties, conditioned that he will appear before such court or officer as may be prescribed by the judge and abide the judgment entered, provided such person is charged with an offense that is bailable under the laws of this state and is not a prisoner serving his sentence and the judgment appealed from is not a judgment denying his application for bail.
(Code 1896, §4314; Code 1907, §6245; Code 1923, §3238; Acts 1927, No. 113, p. 76; Acts 1936, Ex. Sess., No. 122, p. 81; Code 1940, T. 15, §369; Acts 1949, No. 57, p. 81; Acts 1955, No. 60, p. 294.)
In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf of the state to the Supreme Court, which appeal shall be certified as other appeals in criminal cases, and the clerk must transmit, without delay, the record on appeal and the notice of appeal to the Supreme Court.
(Code 1886, §4515; Code 1896, §4315; Code 1907, §6246; Code 1923, §3239; Code 1940, T. 15, §370.)
In cases of appeal, the clerk of the court shall issue subpoenas for such witnesses as may be required, both for the state and for the accused, returnable to the next session of the court to which the appeal is taken, which subpoenas shall be executed by the sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify as required, they shall be liable to the same penalties, forfeitures and proceedings as if the subpoenas had been issued out of the circuit court.
(Code 1852, §506; Code 1867, §4056; Code 1876, §4726; Code 1886, §4228; Code 1896, §4624; Code 1907, §6727; Code 1923, §3840; Code 1940, T. 15, §360.)
(a) If the defendant fails to appear at the circuit court as required by the appeal bond, he shall be liable to the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court, and a new warrant of arrest may issue from that court without any other authority therefor.
(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when the defendant is arrested, he must be dealt within all respects as if the arrest had been made on capias from the circuit court.
(Code 1852, §§507, 508; Code 1867, §§4057, 4058; Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907, §§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)
The trial in the circuit court shall be de novo and without any indictment or presentment by the grand jury, but the district attorney shall make a brief statement of the cause of complaint signed by him, which maybe in the following form:
The State of Alabama, }In the circuit court, 20 On appeal from the district (or municipal) court._______ county.}
The State of Alabama, by its district attorney, complains of C.D., that, within 12 months before the commencement of this prosecution, he did (here describe the offense as in cases of indictment). G. H., district attorney.
(Code 1852, §509; Code 1867, §4059; Code 1876, §4729; Code 1886, §4231; Code 1896, §4627; Code 1907, §6730; Code 1923, §3843; Code 1940, T. 15, §363.)
On the trial of such appeals, the court shall be governed by the same rules as to evidence, practice, finding of the jury and punishment as if the case had originated in that court.
(Code 1852, §510; Code 1867, §4060; Code 1876, §4730; Code 1886, §4232; Code 1896, §4628; Code 1907, §6731; Code 1923, §3844; Code 1940, T. 15, §364.)
A person convicted of a criminal offense in the circuit court or other court from which an appeal lies directly to the Supreme Court or Court of Criminal Appeals may appeal from the judgment of conviction to the appropriate appellate court.
(Code 1896, §4313; Code 1907, §6244; Code 1923, §3236; Code 1940, T. 15, §367.)
Wherever jurisdiction is now or may hereafter be conferred on the Court of Criminal Appeals, a review or revision may be had in and by the Court of Criminal Appeals in the same manner and by the same mode and means as is provided for appeal, review or revision in or by the Supreme Court. Wherever the appeal or review is taken or attempted to be taken to the Supreme Court when it should have been taken to the Court of Criminal Appeals, the Supreme Court may ex mero motu or upon motion have the case, record and proceedings transferred to the Court of Criminal Appeals for decision and disposition by the Court of Criminal Appeals; and, if the appeal or review is taken or attempted to be taken to the Court of Criminal Appeals when it should have been taken to the Supreme Court, the Court of Criminal Appeals may ex mero motu or on motion transfer the case, record and proceedings to the Supreme Court for disposition by the Supreme Court. If, however, there should be a conflict or difference of opinion between the two courts as to which has jurisdiction of the appeal or proceedings to review, the decision of the Supreme Court shall control.
(Code 1923, §3235; Code 1940, T. 15, §366.)
Any question of law arising in any of the proceedings in a criminal case tried in the circuit court may be reserved by the defendant, but not by the state, except as provided in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals. All written charges in the record on appeal shall be presumed to have been asked of the court before the jury retired unless shown to the contrary by notation of the trial judge of the refused charges.
(Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508; Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)
Where an appeal is taken from the judgment of any municipal, district or circuit court in criminal cases, the trial court retains jurisdiction for the purpose of granting a motion for a new trial and also retains jurisdiction for the purpose of enforcing its judgment where the appeal is dismissed before the judgment of the appellate court is entered.
(Code 1923, §3251; Code 1940, T. 15, §382.)
In all cases wherein a defendant is tried and convicted for the commission of a felony against the peace and dignity of the State of Alabama and the death sentence is imposed, it shall be the duty of the trial judge, immediately after the imposition of sentence, to enter of record, with or without the direction or election of the defendant, that the defendant appeals from said judgment of conviction. Upon the entry of an order of appeal from such judgment of conviction, execution of sentence shall automatically be stayed pending said appeal. Said appeal, except as otherwise provided in this division, shall in all respects be governed as provided by law and rules of court.
(Acts 1943, No. 249, p. 217, §2.)
When any question of law is reserved in case of a felony and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered against the defendant, but execution thereof must be stayed pending the appeal and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the judge must direct the clerk of the court in which the conviction is had to admit the defendant to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance at the court, from time to time thereafter, as fixed by the court to abide such judgement as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876, §4980; Code 1886, §4511; Code 1896, §4318; Code 1907, §6249; Acts 1911, No. 114, p. 113; Acts 1911, No. 463, p. 626; Acts 1923, No. 105, p. 87; Code 1923, §3241; Code 1940, T. 15, §372; Acts 1951, No. 803, p. 1401.)
When such question is reserved, in case of a misdemeanor, and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered on the conviction, but the execution thereof must be stayed pending the appeal. In such case, the defendant may give bail, with sufficient sureties, conditioned that he will appear and abide the judgment; failing to give such bail, he must be committed to jail, but may give such bail at any time pending the appeal.
(Code 1852, §754; Code 1867, §4305; Code 1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243; Code 1940, T. 15, §374.)
In the case of a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and costs as if no appeal were taken, but execution thereon must be stayed pending the appeal, pursuant to the Alabama Rules of Appellate Procedure. If the judgment of conviction is reversed, the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or the appeal is dismissed, execution on such confessed judgment may issue at once.
(Code 1896, §4320; Code 1907, §6251; Code 1923, §3244; Code 1940, T. 15, §375.)
In all cases where there is judgment staying sentence, at any time before the record on appeal has been forwarded to the clerk of the appellate court, the defendant, in person or by his attorney, may waive the benefit of the stayed sentence by filing in the office of the clerk of the court in which the case was tried a statement in writing to that effect, signed by himself or his attorney of record. The clerk must then enter the fact and date of such waiver of stay of sentence upon the margin of the record of the judgment and shall report said convict to the board of corrections as in cases where there is no judgment or stay of sentence, but such waiver of the stay shall not affect the appeal.
(Code 1923, §3242; Code 1940, T. 15, §373.)
The Legislature is aware that it has become settled law that a state may or may not authorize appeals from judgments of convictions in criminal cases and certain other related proceedings involving the life, liberty or property of a person convicted of a criminal offense; further, that if a state does provide for appeals in criminal cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are without funds and unable to pay the fees of the court reporter for transcribing the evidence or the fees of the clerk for preparing the record for review on appeal may be denied equal protection of the law or due process of law. It is the purpose of this division to provide such defendants or petitioners with a transcript of the evidence, or a part thereof, and a record for a proper and equal review in certain criminal cases and such other cases wherein it is made to appear that a convicted defendant is indigent and desires to take an appeal and obtain a judicial review of matters that occurred at his trial or hearing.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §1; Acts 1963, No. 525, p. 1129, §1.)
This division shall apply to all criminal cases tried in the courts of the State of Alabama where a direct appeal to the Supreme Court or Court of Criminal Appeals is provided by law, also to all related or collateral proceedings, including habeas corpus and coram nobis proceedings, involving the life, liberty or property of a person convicted of a criminal offense where an appeal is provided to the Supreme Court or Court of Criminal Appeals.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §2; Acts 1963, No. 525, p. 1129, §2.)
In such criminal cases where the defendant has been adjudicated guilty by the trial court he may, if no motion for a new trial is filed within 10 days after the last day on which a motion for a new trial could have been filed or within 10 days after the ruling of the trial court upon a motion for a new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial judge of the court wherein such defendant was adjudicated guilty and sentenced a petition in writing, sworn to and subscribed by said defendant, stating that the defendant desires to take an appeal under the provisions of this division. Such petition must identify the style of the case, the offense for which the defendant was convicted, the plea made by the defendant, the date of the adjudication of guilt, the sentence and the punishment therefor and the name of the court imposing such punishment, together with the name of the trial judge. Such petition shall also contain the full name of the defendant, together with a statement that he desires to appeal either from the judgment of conviction or from the adverse ruling on the motion for a new trial, or both. Such petition must contain an averment that the defendant is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial of said case, or the fees of the clerk for preparing the record on appeal. In such other cases, including habeas corpus and coram nobis, which are related or collateral proceedings to a conviction of a criminal offense and which proceedings involve the life, liberty or property of a person convicted of a crime, the person convicted may, within 10 days after a judgment or order disposing of the proceedings adversely to said person, file with the clerk or the trial judge of the court making said order a similar petition describing and identifying the proceeding and stating the desire of the petitioner to appeal under the provisions of this division.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §3; Acts 1963, No. 525, p. 1129, §3.)
Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have the defendant or petitioner brought before him and shall examine the defendant or petitioner under oath concerning the required averment in the petition that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal. The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and may call upon the sheriff, the district attorney and other officers of the court to ascertain information relevant to the financial condition and ability of defendant or petitioner. The trial judge shall find from the court reporter or reporters who took stenographic notes at the trial or hearing a general estimate of the costs of transcribing the evidence and other proceedings occurring at the trial, or such part thereof as may be necessary to be transcribed to afford the appellate court with a record on appeal of sufficient completeness as a basis for a fair review of the points insisted upon by the defendant or petitioner and shall also ascertain from the clerk a general estimate of the amount of fees which will be due to said clerk incident to an appeal.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)
The trial court, either before, after or during said hearing, may designate a probation officer of the court or may designate the county Department of Human Resources to make inquiry and ascertain facts concerning the financial condition and ability of defendant or petitioner, and it shall be the duty of such agencies to investigate and file a written report of its findings with the trial judge. Such report shall state with certainty any and all sources from which the defendant or petitioner could be expected to obtain financial aid to pay such fees.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)
The burden shall be upon the convicted defendant or petitioner to satisfy the trial judge that said defendant or petitioner is without said sufficient funds and has no reasonable way to procure the same. If the trial judge is in doubt after such investigation as he deems proper, he shall deny such petition, in whole or in part, and state his reasons therefor and cause the same to be entered on the minutes of the court.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129, §6.)
If the trial judge is satisfied that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, necessary for the payment of court reporters’ fees or the clerks’ fees, he shall cause said finding to be entered on the minutes of the court. If the trial judge finds to the contrary, he shall also cause said findings to be entered on the minutes of the court, stating his reasons therefor. If the trial judge finds that the defendant or petitioner is unable to pay all of the court reporter’s fees or all of the clerk’s fees but is able to pay a part, he shall cause to be entered upon the minutes of the court such finding and shall state his reasons therefor and state the amount in money that the defendant or petitioner can reasonably pay.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129, §6.)
If it appears to the trial court, after full investigation, that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure same, to pay the court reporter all of his lawful fee for transcribing the evidence and other proceedings had at the trial or the fees of the clerk incident to an appeal or that the defendant or petitioner has reasonably available to him only enough funds to pay a part of such fees, he shall make and enter an order requiring the court reporter to transcribe all or such parts of evidence of the proceedings occurring at the trial that may be necessary to afford the appellate court a record of sufficient completeness for review and shall order the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter an order authorizing the payment of a sum certain to the court reporter of all or a part of his estimated fees, calculated at the rate provided by law, upon the completion and delivery of a transcript and three carbon copies thereof, duly certified and filed with the clerk, one of said carbon copies to be delivered by the clerk to the defendant or petitioner. The court shall also at said time make and enter an order authorizing the payment of a sum certain to the clerk of all or a part of his estimated fees incident to the appeal. Such order shall not be made unless and until the defendant or petitioner has paid to the court reporter and to the clerk that part of the amount due the court reporter and the clerk which the court has found must be borne by the defendant or petitioner, and the defendant or petitioner shall furnish to the court satisfactory evidence of such payment. The trial court shall cause a certified copy of such order to be delivered to the court reporter and to the clerk; and, upon the filing of said transcript and three carbon copies thereof by the court reporter with the clerk of the trial court and the complete preparation of the record on appeal by the clerk, the clerk shall transmit such order to the state Comptroller, whereupon the state Comptroller shall cause to be paid to the court reporter and to the clerk out of the general funds in the State Treasury, not otherwise appropriated, the amount of said fees.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §8; Acts 1963, No. 525, p. 1129, §7.)
(a) Any defendant or petitioner who has filed a petition under the provisions of this division and which petition is denied by the trial court, or if parts of the record ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant or petitioner may, within 10 days from the order of the trial court, file a notice of appeal with the clerk of the trial court from the order denying the petition or from the order deemed inadequate in specifying the parts of the transcript of the evidence to be forwarded to the appellate court on appeal, and such notice of appeal shall specify with particularity wherein the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals in cases wherein the punishment is 20 years or less and to the Supreme Court in cases where the punishment exceeds 20 years, the file of the trial court in said proceedings to obtain a transcript and record containing the petition and reports made in writing to the court, the court reporter’s estimate of the cost of the transcript, the estimate of the clerk of his fees incident to an appeal, a certified copy of the order or orders entered by the trial court and other relevant papers pertaining to the petition, together with an opinion or statement of the trial court, as the trial court shall deem necessary. Upon receipt of said court file by the Court of Criminal Appeals or the Supreme Court, such court shall proceed to determine the matter of whether or not a transcript of the evidence and a complete record on appeal should be ordered, prepared and filed and paid for as provided for in this division and shall enter such judgment as in its opinion should have been entered below, or such appellate court may remand such proceedings to the trial court for further proceedings as said appellate court may deem proper.
(b) Such proceedings in the appellate court shall be docketed and filed as other appeals and shall be considered and disposed of without delay. The defendant filing said petition in the trial court shall have the right to file such brief and argument as he so desires; and, in like manner, the state may file such brief and argument. There shall be no costs or charges attending said appeals.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §10; Acts 1963, No. 525, p. 1129, §9.)
In appeals taken under the provisions of this division, if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming said judgment or order shall enter a judgment for costs against the defendant or petitioner, including an amount equal to the fees of the court reporter paid by the state for transcribing the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid into the General Fund of the State of Alabama. If such costs are not presently paid by the defendant or petitioner, or by another in his behalf, execution shall be issued by the trial court upon said judgment against the defendant or petitioner; and, if said execution is levied and collected, the proceeds thereof shall be paid into the General Fund of the state. If such execution is returned to the trial court “no property found,” the defendant or petitioner shall be sentenced additionally by the trial court at hard labor for the county, if the punishment for the offense is a fine or confinement in the county jail or hard labor for the county, or by imprisonment in the state penitentiary, if the punishment for the offense is imprisonment in the penitentiary, for an additional term to pay said costs, at the rate of $5.00 per day.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §11; Acts 1963, No. 525, p. 1129, §10.)
The Supreme Court of the State of Alabama, with the advice and consultation with the Court of Criminal Appeals of Alabama, is authorized to adopt all needful rules and regulations designed to accomplish the purposes set forth in this division; such rules and regulations duly adopted shall have the force and effect of law. The circuit courts and other courts of the state having jurisdiction over proceedings under this division shall have authority to adopt all needful rules and regulations not in conflict with the rules of the Supreme Court designed to accomplish the purposes set forth in this division.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §12; Acts 1963, No. 525, p. 1129, §11.)
There is hereby appropriated annually out of the General Fund of the State Treasury the sum of $15,000.00, not to be exceeded in any one fiscal year, to pay said court reporters and clerks and to carry out the provisions of this division. Expenditures from said appropriation are subject, before disbursement, to the approval of the Governor and contingent upon the opinion of the Governor of the condition of the State Treasury.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §13; Acts 1963, No. 525, p. 1129, §12.)
(a) A writ of error on any judgment entered in a criminal case may issue on an order to that effect by any one of the judges of the appropriate appellate court in vacation or by the appropriate appellate court in term time, addressed to the clerk of the court in which the judgment was entered, but such writ must only be granted on some error of law apparent on the record on appeal.
(b) On the filing of such order with the clerk of the court in which the judgment was entered, such clerk must give the party filing it a certificate of the filing thereof, make out a writ of error and a transcript of the record and proceedings had in the cause, attach his certificate and the writ of error to such transcript and deliver the same, on demand, to the party suing out the writ, or to his attorney.
(Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code 1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252, 3253; Code 1940, T. 15, §§383, 384.)
When a writ of error is awarded by a judge of an appellate court in vacation, such judge must cause an entry of such order to be made on the minutes of the court at its next term, and if any writ of error is not prosecuted to the term to which it is returnable, it must be dismissed and no writ of error afterwards allowed.
(Code 1876, §4986; Code 1886, §4518; Code 1896, §4329; Code 1907, §6260; Code 1923, §3254; Code 1940, T. 15, §385.)
(a) If the defendant is in the custody of the sheriff and the order allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being served with the clerk’s certificate that the order has been filed and with a copy of the order, keep and detain the defendant in his custody, without executing the sentence which may have been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment for a term not exceeding 10 years, the judge or court must also direct the clerk of the court in which conviction was had to admit the defendant to bail in a sum which may be prescribed by the court, with sufficient sureties, conditioned for his appearance at the next session of the court in which the conviction was had and, from session to session thereafter, to abide such judgment as may be entered on the writ of error.
(c) If the defendant fails to appear according to the undertaking, a writ of arrest must be issued and the same proceedings be thereon had as are prescribed by Sections 12-22-244 and 12-22-245, and the same proceedings must be had on the forfeited undertaking as on the forfeiture of other undertakings of bail in said court.
(Code 1876, §§4987-4989; Code 1886, §§4519-4521; Code 1896, §§4330-4332; Code 1907, §§6261-6263; Acts 1909, No. 111, p. 62; Code 1923, §§3255-3257; Code 1940, T. 15, §§386-388.)
In all cases appealable to the Court of Criminal Appeals, the court must consider all questions apparent on the record or reserved in the circuit court and must enter such judgment as the law demands.
(Code 1876, §4990; Code 1886, §4509; Code 1896, §4333; Code 1907, §6264; Code 1923, §3258; Code 1940, T. 15, §389.)
In all cases of automatic appeals, the appellate court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of the appellant and may reverse thereon, even though no objection was made thereto. The appellate court shall consider all of the testimony; and, if upon such consideration it is of opinion the verdict is so decidedly contrary to the great weight of the evidence as to be wrong and unjust and that upon that ground a new trial should be had, the court shall enter an order of reversal of the judgment and grant a new trial, though no motion to that effect was presented in the court below.
(Acts 1943, No. 249, p. 217, §10.)
If the judgment is reversed, the appellate court may order a new trial or that the defendant be discharged or that he be held in custody until discharged by due course of law or make such other order as the case may require. If the defendant is ordered to be discharged, no forfeiture can be taken on his undertaking of bail.
(Code 1876, §4992; Code 1886, §4523; Code 1896, §4335; Code 1907, §6266; Code 1923, §3259; Code 1940, T. 15, §390.)
Upon affirmation of a judgment carrying the death penalty, the Court of Criminal Appeals must direct the sentence to be executed and, if the day appointed for the execution of the sentence has passed, must specify a day for the execution of the sentence, and the judgment and sentence must be executed accordingly.
(Code 1876, §4991; Code 1886, §4522; Code 1896, §4334; Code 1907, §6265; Code 1923, §3260; Code 1940, T. 15, §391.)
When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken.
(Code 1852, §755; Code 1867, §4306; Code 1876, §4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911, No. 463, p. 626; Code 1923, §3245; Code 1940, T. 15, §376.)
When the judgment of conviction is reversed and the case remanded, such undertaking binds the defendant to appear from time to time until discharged by law and to answer the charge, as in bail before conviction, but the defendant is not bound to appear before the trial court pending his appeal.
(Code 1896, §4322; Code 1907, §6253; Code 1923, §3246; Code 1940, T. 15, §377.)
When any undertaking of bail under the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant to surrender himself to the sheriff or to appear and answer the charge, according to the terms and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture of other undertakings of bail in the circuit court.
(Code 1852, §756; Code 1867, §4307; Code 1876, §4983; Code 1886, §4514; Code 1896, §4323; Code 1906, §6254; Code 1923, §3247; Code 1940, T. 15, §378.)
This chapter shall be known as the “Mandatory Treatment Act of 1990.”
(Acts 1990, No. 90-390, p. 537, §1.)
The Legislature finds that the high incidence of crimes which directly involve alcohol and drugs in this state is intolerable; that the problems of alcohol and drug abuse among the citizens of Alabama are extensive and exist at an unacceptable level; that alcohol and/or drug abuse or dependency have been identified as contributing factors in the commission of many crimes; that a concentrated and coordinated state and local effort is needed to address the needs of Alabamians regarding such problems; that a specialized system for screening, evaluating, educating, and rehabilitating defendants convicted of alcohol and drug related offenses is required to address such problems; and that adequate funding should be provided for this purpose. It is therefore the intent of the Legislature:
To establish a specialized court referral officer program to promote the evaluation, education and rehabilitation of persons whose use or dependency on alcohol or drugs directly or indirectly contributed to the commission of an offense for which they were convicted in state or municipal courts and to establish mandatory alcohol and drug abuse treatment programs to provide treatment and rehabilitation for these identified offenders.
(Acts 1990, No. 90-390, p. 537, §2.)
For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section:
(1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses, including municipal ordinance violations, in which alcohol and drug abuse is determined from the evidence to have been a factor in the commission of the offense including juveniles charged with possession of controlled substances and adjudicated delinquent.
(2) ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the user, or that of others, is substantially impaired or endangered or the social or economic function of the user is disrupted.
(3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential to the extent that the user has lost the ability of self control, or to the extent that the health, safety, or welfare of the user, or that of others, is substantially impaired or endangered, or the social or economic function of the user is disrupted.
(4) COURT REFERRAL OFFICER PROGRAM. A program established to evaluate defendants’ use of alcohol and/or drugs and to provide assistance to courts in promoting the education and rehabilitation of defendants including juveniles and those granted youthful offender status or convicted of alcohol and/or drug-related offenses.
(5) COURT REFERRAL OFFICERS. Those persons within designated court jurisdictions providing assessment or evaluation of defendants for alcohol and/or drug abuse, recommendations and/or referrals for education or treatment and monitoring for court-ordered compliance.
(6) DUI. Driving or in actual physical control of a vehicle while under the influence of alcohol or drugs as proscribed by Section 32-5A-191, or any other law.
(7) DIVERSIONARY SCREENING. The power of the prosecutor, prior to arraignment, to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken.
(8) PROSECUTORIAL DISCRETION. The discretionary power of a prosecutor to suspend, prior to the arraignment, all formal prosecutorial proceedings against one who has become involved in the criminal justice system as a defendant or an accused.
(9) ACCUSATORY INSTRUMENT. Any complaint, information, or grand jury indictment.
(10) NON-CRIMINAL DISPOSITION. The dismissal of a criminal charge without prejudice to reinstate criminal proceedings on motion of the prosecutor as herein provided.
(11) PRE-TRIAL DIVERSION. The imposition of conditions by the prosecutor upon defendants charged with certain criminal offenses for a specified period of time prior to arraignment.
(12) DEFERRED PROSECUTION. The suspension of prosecution prior to arraignment for a specified period of time upon the request of the accused with the consent of the prosecutor.
(Acts 1990, No. 90-390, p. 537, §3.)
(a) The Administrative Director of Courts is authorized to appoint court referral officers or contract with individuals or entities to provide alcohol and drug assessment for courts and to conduct the court referral programs in each court jurisdiction of the state. Such appointments or contracts shall be made or entered into with the advice of the presiding circuit judge. The Administrative Director of Courts shall designate the locations where said court referral programs, court referral officers or contracting entities or individuals shall serve, which designations may be changed from time to time; provided, however, that all appointed court referral officers and approved court referral programs shall serve at the pleasure of the Administrative Director of Courts. Any individual or entity which contracts to conduct the court referral program shall perform all the duties as set out in the statewide policies and procedures manual for court referral programs established by the Administrative Office of Courts or these programs shall meet the national criteria for treatment alternatives to street crimes (TASC) programs. Court referral officers shall work under the general supervision and direction of the Administrative Director of Courts and the judges of the circuit to which they are assigned. Such court referral officers shall be compensated by the state from moneys contained in the alcohol and drug abuse court referral officer trust fund and/or federal grants designated by the Administrative Office of Courts for this purpose. Except for court referral officers currently employed by the Administrative Office of Courts on August 15, 1990, such officers shall not be considered employees of the state for purposes of entitlement to insurance, retirement and other state employee benefits. All such contracts will be null and void unless first reviewed according to Sections 29-2-40 and 29-2-41.
(b) Court referral officers shall be required to perform the following duties:
(1) Attend municipal, district, probate, and circuit courts as needed;
(2) Screen and evaluate all defendants ordered by the prosecutor or trial courts to participate and to recommend to the court appropriate educational and/or rehabilitative programs for such defendants;
(3) Develop and maintain a file on each defendant assigned to the court referral officer, which shall include, but shall not be limited to, information taken from arrest records, test scores, results of chemical blood alcohol tests, drug screens and other personal data;
(4) Continuously monitor defendants who are ordered to complete alcohol and/or drug related educational or rehabilitative programs and to report violations of such orders to the prosecutor or court;
(5) Provide such information and reports on defendants assigned to the court referral officer as may be required by the prosecutor, ordering court or the Administrative Director of Courts;
(6) Provide information or education on the court referral program to judges, clerks, law enforcement personnel, prosecutors and the general public;
(7) Collect and report statistics, data, and other information pertaining to the court referral program and alcohol and drug related offenses as required by the Administrative Director of Courts or area judge(s);
(8) Collect and report information to the courts concerning results of urine screens, drug testing or other appropriate evaluative measures; and
(9) Perform such other duties or functions to further the purposes of this chapter as may be directed by the court which they serve or the Administrative Director of Courts.
(Acts 1990, No. 90-390, p. 537, §4.)
Any person arrested or charged with the violation of a controlled substance offense as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district attorney having jurisdiction over the offense to enroll in a drug abuse treatment program in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution may be granted at the discretion of the district attorney. The Office of Prosecution Services shall establish guidelines, which shall be used by the prosecutor in evaluating the request for diversion from the criminal justice system into rehabilitation. If prosecution has been initiated by the filing of a complaint, information or indictment, prior approval and dismissal of the case must be obtained from the judge presiding over the case. Admission to such treatment or rehabilitation program and deferral of prosecution is subject to the following conditions:
(1) The defendant must have no prior felony convictions for controlled substance offenses or other pending felony charges.
(2) Where the person arrested or charged is in violation of a controlled substance offense as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214, they may request diversion. The amount of controlled substances involved, however, must not exceed the amounts below.
a. 113.2 grams or four ounces of cannabis;
b. Five grams of cocaine HCL or of any mixture containing cocaine, as described in Section 20-2-25(1);
c. 500 milligrams of cocaine base;
d. One gram of any morphine, opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 20-2-23(2) or Section 20-2-25(1)a, or one gram of any mixture containing any such substance;
e. Ten pills or capsules of methaqualone, as described in Section 20-2-1, et seq.;
f. Ten pills or capsules of barbiturate or benzodiazepine as described in Section 20-2-1, et seq.;
g. Five pills or capsules of hydromorphone, meperidine, pentazocine, hydrocodone, oxycodone, propoxyphene as described in Sections 20-2-1, et seq.;
h. One gram of 3, 4-methylenedioxy amphetamine, or of any mixture containing 3, 4-methylenedioxy amphetamine;
i. One gram of 5-methoxy-3, 4-methylenedioxy amphetamine, or any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine;
j. Fifty milligrams of phencyclidine, or any mixture containing phencyclidine;
k. Fifty milligrams of lysergic acid diethylamide or one gram of any mixture containing lysergic acid diethylamide;
l. Twenty pills or tablets of 3, 4-methylenedioxy methamphetamine; 3,4 methylenedioxy ethylamphetamine.
(3) If diversion to treatment is allowed, the offender shall:
a. Provide information needed to conduct an assessment of his treatment needs;
b. Complete the recommended treatment;
c. Complete a drug or alcohol testing program;
d. Pay restitution to his victim;
e. Unless indigent, pay for his assessment, treatment, and monitoring.
(4) If the defendant fails to complete treatment and pay the required costs, the prosecutor shall initiate charges against the defendant.
(Acts 1990, No. 90-390, p. 537, §5.)
In order to effect the purposes of this chapter, all courts exercising jurisdiction over alcohol and drug related offenses shall be authorized to refer a defendant to a court referral program for evaluation and referral to an appropriate education and/or treatment program. At a minimum, every defendant who is not referred directly to drug or alcohol treatment shall be required to complete an alcohol and drug education program certified by the Administrative Office of Courts.
(Acts 1990, No. 90-390, p. 537, §6.)
Any person who is convicted of an alcohol or drug-related offense and who is placed on probation or parole shall be required to participate in an alcohol or drug testing program at his own expense, unless he is determined to be indigent. Any such person who fails the alcohol or drug test shall be required to:
(1) Provide information needed to conduct a treatment assessment;
(2) Complete the recommended treatment; and
(3) Pay for the assessment, treatment and alcohol or drug testing unless the court finds he is indigent.
Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay for treatment or monitoring provided by court referral officers.
(Acts 1990, No. 90-390, p. 537, §7.)
Compliance with any order authorized pursuant to this chapter relating to education and/or treatment may be enforced by the court through exercise of its contempt powers; or, where made a condition of probation, by revocation thereof for non-compliance.
(Acts 1990, No. 90-390, p. 537, §8.)
The Department of Mental Health shall develop policies and procedures which shall be followed in the treatment of offenders. These programs shall be certified by the Alabama Department of Mental Health or the Joint Commission on Accreditation of Health-care Organizations (JCAHO).
(Acts 1990, No. 90-390, p. 537, §9.)
The Alcohol and Drug Abuse Court Referral Officer Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall be used for operation of the alcohol and drug abuse court referral officer program. This fund shall consist of all moneys paid into the State Treasury to the credit of such fund pursuant to this chapter and all moneys received for the benefit of the court referral officer program by legislative appropriation, grant, gift, or contributions by counties or municipalities, or otherwise. Such moneys shall be used and expended by the Administrative Director of Courts to establish, organize, and administer the alcohol and drug abuse court referral officer program throughout the state. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except appropriations from other state funds shall remain in the fund to be preserved for the administration of the alcohol and drug abuse court referral officer program.
(Acts 1990, No. 90-390, p. 537, §10.)
Moneys contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund shall be expended by the Administrative Director of Courts for purposes set out in Section 12-23-4. Appropriations heretofore or hereafter made to the Unified Judicial System shall not be reduced by the amount of any funds contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund.
(Acts 1990, No. 90-390, p. 537, §11.)
In addition to the imposition of any other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult or adjudicated a youthful offender or juvenile delinquent based on the offense of driving under the influence or other alcohol or drug related offenses as defined in this chapter shall be ordered by the court to pay an alcohol and drug abuse court referral officer assessment fee in an amount recommended by the Administrative Office of Courts and approved by the Supreme Court. Such additional assessment fee shall be collected by the court referral officer by the 10th day of each month. The State Treasurer shall credit such sums to the Alcohol and Drug Abuse Court Referral Officer Trust Fund.
(Acts 1990, No. 90-390, p. 537, §12.)
Any alcohol or drug-related offender referred for assessment and placed on probation by the judge shall pay a monitoring fee to the court referral officer which shall also be remitted to the State Treasurer by the court referral officer by the tenth day of each month as set out in Section 12-23-10. The assessment fee and monitoring fees shall be established and regulated by the Administrative Office of Courts and can be adjusted to ensure that adequate financial resources are available to support the court referral program and administration of the programs.
(Acts 1990, No. 90-390, p. 537, §13.)
The Administrative Office of Courts shall establish criteria to determine eligibility of court referral programs to receive payment from the Court Referral Officer Trust Fund. All Alabama TASC programs which meet the national TASC criteria on August 15, 1990 shall be eligible to receive payments from the Court Referral Officer Trust Fund. All such programs shall be nonprofit agencies.
(Acts 1990, No. 90-390, p. 537, §14.)
The Indigent Offender Alcohol and Drug Treatment Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall provide for payment to eligible alcohol and drug treatment programs for treatment and rehabilitation of indigent offenders. This fund shall consist of all moneys paid into the State Treasury to the credit of such fund pursuant to this chapter and all moneys received for the benefit of the Indigent Offender Alcohol and Drug Treatment Trust Fund by legislative appropriation, grant, or otherwise. A fee recommended by the Administrative Office of Courts and approved by the Supreme Court shall be collected from each offender. The fee shall be collected by the court referral officer by the tenth day of each month. The State Treasurer shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust Fund. Failure of a court referral program or court referral officer to remit all fees collected shall be grounds for termination from the program. Additionally, the prosecutor shall be authorized to determine if criminal charges are warranted.
(Acts 1990, No. 90-390, p. 537, §15.)
The Department of Mental Health shall establish criteria to determine which treatment programs shall be eligible to receive payment for treatment services for indigent offenders from this fund, and shall establish rates of reimbursement for treatment of indigent offenders. At a minimum, such programs must be nonprofit and certified by the Alabama Department of Mental Health or joint commission on accreditation of health-care organizations.
(Acts 1990, No. 90-390, p. 537, §16.)
Moneys contained in the Indigent Offender Trust Fund shall be expended by the Commissioner of Mental Health for purposes set out in Section 12-23-15. Such moneys shall be used and expended by the Commissioner of Mental Health to establish, organize, and administer the indigent offender alcohol and drug treatment program throughout the state, including all functions or projects of the Department of Mental Health directly or indirectly relating thereto. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except appropriations from other state funds shall remain in the fund to be preserved for the administration of the indigent offender treatment program.
(Acts 1990, No. 90-390, p. 537, §17.)
Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.
(Acts 1990, No. 90-390, p. 537, §18.)
The directors, employees of the Administrative Office of Courts, including the Administrative Director of Courts, and the employees of the Department of Mental Health, including the Commissioner of Mental Health, shall be exempt from civil liability for alleged acts of ordinary negligence actions taken in performance of their official duties in carrying out the provisions of this chapter.
(Acts 1990, No. 90-390, p. 537, §19.)
This chapter shall be known and may be cited as the Honorable Pete Johnson Alabama Accountability Court Act.
(Act 2010-754, p. 1909, §1; Act 2025-183, §1.)
As used in this chapter, the following words have the following meanings:
(1) ACCOUNTABILITY COURT. A judicial intervention program for offenders including, but not limited to, those who are: (i) veterans; (ii) in need of substance abuse services; or (iii) in need of mental health services, in the criminal division of the circuit or district court that incorporates the evidence based programs as set forth in the policies and procedures adopted by AOC, and may include any of the following:
a. Pre-adjudication. Participation in accountability court before acceptance of a plea of guilty or conviction.
b. Post-adjudication. Participation in accountability court after entering a plea of guilty or having been found guilty.
c. Reentry. Participation in accountability court upon release from a sentence of incarceration.
d. Combination program. Includes pre-adjudication, post-adjudication, and reentry.
(2) ACCOUNTABILITY COURT TEAM. Members who are assigned to the accountability court as set forth in the policies and procedures adopted by AOC.
(3) AOC. The Administrative Office of Courts.
(4) CONTINUUM OF CARE. A seamless and coordinated course of substance abuse education and treatment or other evidence based programs designed to meet the needs of offenders who are: (i) veterans; (ii) in need of substance abuse services; or (iii) in need of mental health services as they move through the criminal justice system and beyond, maximizing self-sufficiency.
(5) CO-OCCURRING. A substance abuse and mental health disorder.
(6) MEMORANDUM OF UNDERSTANDING. A written document setting forth an agreed upon procedure.
(7) OFFENDER. An individual charged with or convicted of: (i) a drug-related offense; (ii) an offense in which substance abuse is determined from the evidence to have been a significant factor in the commission of the offense; or (iii) an offense in which mental illness is determined from the evidence to have been a significant factor in the commission of the offense, or a veteran for whom substance abuse or mental illness is determined from the evidence to have been a significant factor in the commission of the offense, and who has applied for or been accepted to participate in an accountability court program.
(8) RELAPSE. A return to substance use after a period of abstinence from substance abuse or the recurrence of a prior mental illness by an offender.
(9) SPLIT SENTENCING. A sentence that includes a period of incarceration followed by a period of probation.
(10) SUBSTANCE. Includes all of the following:
a. A controlled substance, drug, or other substance for which a medical prescription or other legal authorization is required for purchase or possession.
b. A drug whose manufacture, sale, use, or possession is forbidden by law.
c. Other harmful substance, a misused substance otherwise legal to possess, including alcohol.
(11) SUBSTANCE ABUSE. The illegal or improper consumption of a drug.
(12) TREATMENT. The application of an evidence based program professionally planned, managed, administered, and monitored for the purpose of alleviating, minimizing, and stabilizing the effect of substance abuse or mental illness and restoring impaired functionality.
(13) VIOLENT OFFENSE. As defined in Section 12-25-32.
(Act 2010-754, p. 1909, §2; Act 2025-183, §1.)
(a) The Legislature recognizes that a critical need exists in this state for the criminal justice system to more effectively address the number of offenders who have a substance abuse disorder, who suffer from mental illness, or who suffer from a condition related to a veteran’s mental illness or substance abuse. Requiring accountability and effective treatment, in addition to, or in place of, conventional and expensive incarceration will promote public safety, promote the welfare of the individuals involved, reduce the burden upon the State Treasury, and benefit the common welfare of this state. The goals of this chapter are to do all of the following:
(1) Enhance community safety and quality of life for citizens.
(2) Reduce recidivism.
(3) Hold offenders accountable for their criminal behavior.
(4) Restore offenders to productive, law-abiding, and taxpaying citizens.
(5) Promote effective interaction and use of resources among criminal justice and community agencies.
(6) Reduce the costs of incarceration.
(7) Improve the efficiency of the criminal justice system.
(b) As a general proposition, all offenders should receive timely eligibility screening and, where indicated, assessment and the appropriate level of treatment. The criminal justice system should be used constructively to motivate offenders to accept treatment and engage in the treatment process.
(Act 2010-754, p. 1909, §3; Act 2025-183, §1.)
(a)(1) The presiding judge of each judicial circuit may establish an accountability court to appropriately address the identified substance abuse disorder, mental illness, or other issue of the offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each accountability court may differ and should be based upon the specific needs of and resources available to the judicial circuit where the accountability court is located, but shall be created and operate pursuant to this chapter and in compliance with policies and procedures adopted by AOC.
(2) Nothing in this chapter shall affect the authority of the district attorney to establish a deferred prosecution program or a pretrial diversion program within his or her judicial circuit or affect his or her ability to nolle prosse a particular case.
(b) Participation of an offender in an accountability court shall require the consent of the district attorney and the court and shall be pursuant to a written agreement. An offender may participate in a pre-adjudication, post-adjudication, reentry, probation violation, or combination program.
(c) Upon successful completion of an accountability court, an offender’s case shall be disposed of by the judge in the manner prescribed by the applicable policies and procedures adopted by the accountability court. This may include, but is not limited to, withholding criminal charges, nolle prosse of charges recommended by the district attorney, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration. Records of all dispositions shall be maintained and be available to judges and prosecutors statewide. This subsection does not authorize the disclosure of youthful offender or juvenile records to the general public.
(d) Nothing contained in this chapter shall confer a right, or an expectation of a right, to participate in an accountability court, nor does it obligate the accountability court to accept every offender. Neither the establishment of any accountability court nor anything in this chapter shall be construed as limiting the discretion of the district attorney. Nothing in this chapter shall be construed to prohibit the authority of the district attorney to file a petition to remove the offender from the accountability court for good cause shown. Each accountability court judge may establish rules and may make special orders and rules, as necessary, that do not conflict with this chapter or policies and procedures adopted by AOC.
(e) Any agency charged with supervising an offender under accountability court jurisdiction shall timely forward information to the accountability court concerning the progress and compliance of the offender with any court imposed terms and conditions.
(Act 2010-754, p. 1909, §4; Act 2025-183, §1.)
(a) Anyone receiving drug or substance test results, a screening, an assessment, or other personal medical information shall maintain that information in accordance with federal and state confidentiality laws.
(b) An offender shall not be eligible for admission into an accountability court program if:
(1) The offender has a pending violent criminal charge against him or her or any felony charge in which a firearm or deadly weapon or dangerous instrument was used;
(2) The offender has been convicted of a violent felony offense or any felony in which a firearm or deadly weapon or dangerous instrument was used or adjudicated as a youthful offender or delinquent as a juvenile of a violent felony offense or any felony in which a firearm or deadly weapon or dangerous instrument was used;
(3) The offender is required to register as a sex offender or currently charged with a felony sex offense; or
(4) The offender is charged with distribution, manufacturing, or trafficking of a controlled substance.
(c) Eligible offenses may be further restricted by the rules of a specific local accountability court program.
(d) The Commissioner of the Department of Corrections shall develop criteria regarding the evaluation and eligibility of an inmate for early release into a reentry accountability court program consistent with the requirements of subsection (b).
(Act 2010-754, p. 1909, §5; Act 2025-183, §1.)
(a) The accountability court, when practicable, shall ensure that no agency provide both assessment and treatment services for an accountability court to avoid potential conflicts of interest or the appearance that a given assessment agency might benefit by determining that an offender is in need of the particular form of treatment that the assessor provides.
(b) An accountability court making a referral for treatment shall refer the offender to a program that: (i) is certified by the Department of Mental Health; (ii) agrees to become certified by the Department of Mental Health within 90 days of service implementation; or (iii) can provide documentation that it is using evidence-based practices.
(c) The court shall determine which treatment programs are authorized to provide the recommended treatment to an offender. The relationship between the treatment program and the accountability court should be governed by a memorandum of understanding, which should include the timely reporting of the progress or lack thereof of the offender to the accountability court.
(d) Appropriate services for mental health treatment should be made available by the Department of Mental Health, where practicable.
(Act 2010-754, p. 1909, §6; Act 2025-183, §1.)
THIS SECTION WAS REPEALED BY ACT 2025-183, EFFECTIVE OCTOBER 1, 2025.
(Act 2010-754, p. 1909, §7; Act 2025-183, §3.)
(a) Any accountability court in this state may transfer to or accept transfer from any other accountability court in this state and any accountability court, or similar court in any other state which is a part of the Interstate Compact for Adult Offender Supervision, any offender for admission into the respective accountability court program based upon the residence of the offender.
(b) Any accountability court in this state may accept the transfer of offenders with an identified substance abuse disorder or mental illness from any municipal court within its jurisdiction which does not have its own municipal accountability court.
(Act 2010-754, p. 1909, §8; Act 2025-183, §1.)
(a) The Administrative Office of Courts shall adopt policies and procedures regarding best practices in the planning, implementation, and development of accountability courts statewide.
(b) AOC shall provide state-level coordination and support for accountability court judges and their programs and operate as a liaison between accountability court judges and other state-level agencies providing services to or benefiting from accountability court programs.
(c) The Administrative Director of Courts shall provide a statewide report each year during the regular legislative session to the Alabama Supreme Court, Legislature, and Governor. The report shall include a synopsis of information or data necessary to determine the impact, utility, and cost-effectiveness of its implementation and ongoing operation.
(Act 2010-754, p. 1909, §9; Act 2025-183, §1.)
(a) To protect the privacy of an offender in accordance with federal and state confidentiality laws, treatment records shall be kept in a secure environment, separated from the court records to which the public has access.
(b) The offender shall be responsible for all fees, court costs, and restitution associated with the terms of release of the offender, supervision, treatment, and successful completion in an accountability court, unless the offender is determined to be indigent, in which event the fees may be waived in whole or in part. Determination of indigency shall be subject to continuing review by the accountability court. All fees, which do not include regular court costs normally collected by the clerk of court, shall be collected and accounted for by the accountability court in accordance with generally accepted uniform accounting principles. Accountability courts shall establish and maintain a uniform accounting system.
(c) The annual reports and all records of accounts and financial records of all funds received from fees or by grant, contract, or otherwise from state, local, or federal sources may be subject to audit by the Chief Examiner of the Department of Examiners of Public Accounts. The audit may be performed by a licensed independent certified public accountant.
(d) All audits shall be completed as soon as practicable. One copy of each audit shall be furnished to the presiding circuit judge, the district attorney, the Administrative Director of Courts, and the Chief Examiner of the Department of Examiners of Public Accounts. The audit report shall be considered a public writing.
(Act 2010-754, p. 1909, §10; Act 2025-183, §1.)
(a) Absent negligence, wantonness, recklessness, or deliberate misconduct, any individual who, in good faith, provides services pursuant to this chapter shall not be liable in any civil action. The grant of immunity provided for in this subsection shall extend to all employees, administrative personnel, substance abuse and mental illness professionals, and accountability court team members, as well as volunteers.
(b) Any qualified individual who obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to this chapter shall not be liable in any civil action.
(Act 2010-754, p. 1909, §11; Act 2025-183, §1.)
Nothing in this chapter shall be construed to require a county commission or any county employee to participate in or fund in whole or in part the development or operation of an accountability court program authorized in this chapter.
(Act 2010-754, p. 1909, §12; Act 2025-183, §1.)
A holder of a commercial driver license, a commercial driver learner permit holder, or any other operator of a commercial motor vehicle that is subject to Part 383 of the Federal Motor Carrier Safety Regulations shall be ineligible to participate in any accountability court program.
(Act 2010-754, p. 1909, §13; Act 2025-183, §1.)
For the purposes of the annual General Fund Budget Act, drug courts shall be funded as a separate line item.
(Act 2025-183, §2.)
[Repealed]
Repealed by Act 2014-455, §2, effective July 1, 2014.
(Acts 1995, No. 95-648, p. 1355, §1.)
[Repealed]
Repealed by Act 2014-455, §2, effective July 1, 2014.
(Acts 1995, No. 95-648, p. 1355, §2.)
(a) In any civil action, on motion of a party or on its own motion, a justice or judge shall recuse himself or herself from hearing a case if, as a result of a substantial campaign contribution or electioneering communication made to or on behalf of the justice or judge in the immediately preceding election by a party who has a case pending before that justice or judge, either of the following circumstances exist:
(1) A reasonable person would perceive that the justice or judge’s ability to carry out his or her judicial responsibilities with impartiality is impaired.
(2) There is a serious, objective probability of actual bias by the justice or judge due to his or her acceptance of the campaign contribution.
(b) A rebuttable presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution made directly by a party to the judge or justice exceeds the following percentages of the total contributions raised during the election cycle by that judge or justice and was made at a time when it was reasonably foreseeable that the case could come before the judge or justice:
(1) Ten percent in a statewide appellate court race.
(2) Fifteen percent in a circuit court race.
(3) Twenty-five percent in a district court race.
Any refunded contributions shall not be counted toward the percentages noted herein.
(c) The term party, as referenced in this section, means any of the following:
(1) A party or real party in interest to the case or any person in his or her immediate family.
(2) Any holder of five percent or more of the value of a party that is a corporation, limited liability company, firm, partnership, or any other business entity.
(3) Affiliates or subsidiaries of a corporate party.
(4) Any attorney for the party.
(5) Other lawyers in practice with the party’s attorney.
(d) An order of a court denying a motion to recuse shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. The appeal may be filed only within 30 days of the order denying the motion to recuse. During the pendency of an appeal, where the threshold set forth in subsection (b) is met, the action in the trial court shall be stayed in all respects.
(Act 2014-455, p. 1688, §1.)
There is created within the judicial branch as an agency of the Supreme Court the Alabama Sentencing Commission, hereinafter called the “commission.”
(Act 2000-596, p. 1192, §1.)
(a) The purposes of the commission shall be to review existing sentence structure, including laws, policies, and practices, and to determine and recommend to the Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and other aspects of sentencing policies and practices appropriate for the state which:
(1) Secure the public safety of the state by providing a swift and sure response to the commission of crime.
(2) Establish an effective, fair, and efficient sentencing system for Alabama adult and juvenile criminal offenders which provides certainty in sentencing, maintains judicial discretion and sufficient flexibility to permit individualized sentencing as warranted by mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants with like criminal records who have been found guilty of similar criminal conduct. Where there is disparity, it should be rational and not related, for example, to geography, race, or judicial assignment.
(3) Promote truth in sentencing, in order that a party involved in a criminal case and the criminal justice process is aware of the nature and length of the sentence and its basis.
(4) Prevent prison overcrowding and the premature release of prisoners.
(5) Provide judges with flexibility in sentencing options and meaningful discretion in the imposition of sentences.
(6) Enhance the availability and use of a wider array of sentencing options in appropriate cases.
(7) Limit the discretion of district attorneys in determining the charge or crime.
(b) In fulfilling its purposes, the commission shall be mindful of the purposes of sentencing that include, but are not limited to, all of the following:
(1) Protecting the public.
(2) Promoting respect for the law.
(3) Providing just and adequate punishment for the offense.
(4) Deterring criminal conduct.
(5) Imposing sanctions which are least restrictive while consistent with the protection of the public and the gravity of the crime.
(6) Promoting the rehabilitation of offenders.
(Act 2000-596, p. 1192, §2.)
(a) The commission shall consist of the following voting members:
(1) The Chief Justice of the Supreme Court, or at his or her designation, a sitting or retired judge, who shall serve as chair, or at his or her designation another member of the commission shall serve as chair.
(2) The Governor, or his or her designee.
(3) The Attorney General, or his or her designee.
(4) Three district attorneys appointed by the President of the Alabama District Attorneys’ Association.
(5) Two circuit judges, active or retired, appointed by the President of the Alabama Association of Circuit Court Judges.
(6) A district judge, active or retired, appointed by the President of the Alabama Association of District Court Judges.
(7) Two victims of a violent felony or persons whose immediate family member was a victim of a violent felony, appointed by the Governor.
(8) The Chair of the House Judiciary Committee, or his or her designee who is a member of the House Judiciary Committee.
(9) The Chair of the Senate Judiciary Committee, or his or her designee who is a member of the Senate Judiciary Committee.
(10) A private attorney specializing in criminal defense appointed by the President of the Alabama Criminal Defense Lawyers’ Association.
(11) A private attorney specializing in criminal law appointed by the President of the Alabama Lawyer’s Association.
(12) A county commissioner appointed by the Governor.
(13) The Commissioner of the Department of Corrections, or his or her designee.
(14) The Chair of the Alabama Board of Pardons and Paroles, or his or her designee.
(15) A member of the academic community with a background in criminal justice or corrections policy appointed by the Chief Justice.
(16) A sheriff appointed by the Sheriff’s Association.
(17) An active police officer appointed by the Association of Chiefs of Police.
(b)(1) Appointed members of the commission shall serve terms of four years and may be reappointed for a second term. Members of the commission who serve because of their public office or position shall serve only as long as they hold such office or position.
(2) A member appointed to fill a vacancy on the commission which occurs before the expiration of the term for which his or her predecessor was appointed shall serve only for the remainder of such term.
(3) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of this state.
(Act 2000-596, p. 1192, §3; Act 2012-473, p. 1304, §1.)
(a) An advisory council to the commission shall be established to advise and consult the commission on sentencing matters. The advisory council shall be composed of representatives from the various state and non-state agencies and organizations having an interest in or whose operations directly or indirectly impact upon the criminal justice system. Membership of the advisory council shall include:
(1) The Director of Public Safety, or his or her designee.
(2) The Director of the Department of Youth Services, or his or her designee.
(3) A sheriff appointed by the Alabama Sheriff’s Association.
(4) A police chief appointed by the Alabama Association of Chiefs of Police.
(5) A director of a community corrections program appointed by the Chief Justice.
(6) A representative of a prison ministry organization, who is not employed by the state, appointed by the Commissioner of the Department of Corrections.
(7) A rehabilitated former prison inmate appointed by the Commissioner of the Department of Corrections.
(8) Additional advisory members appointed in the numbers and manner as the commission deems advisable.
(b)(1) Appointed members of the advisory council shall serve terms of four years and may be reappointed. Members of the advisory council who serve because of their public office or position shall serve only as long as they hold the office or position.
(2) A member appointed to fill a vacancy on the advisory council that occurs before the expiration of the term of his or her predecessor shall serve only for the remainder of the term.
(Act 2000-596, p. 1192, §4.)
(a) Members of the commission and advisory council shall serve without compensation.
(b) Members of the commission and advisory council are entitled to reimbursement for expenses while on official business of the commission or attending its meetings. Expenses shall be paid as follows:
(1) The expenses of members who are legislators may be paid out of any funds appropriated to the Legislature or out of any funds appropriated for joint interim committees of the Legislature, but in the amounts as if they were performing legislative duties.
(2) The expenses of the members representing state or local government departments or agencies may be paid out of any funds available for travel in their respective departments or agencies.
(3) The expenses of the other members may be paid out of funds available to the commission for travel and shall be reimbursed in accordance with Sections 36-7-20 to 36-7-22, inclusive.
(Act 2000-596, p. 1192, §5.)
(a) The commission shall meet quarterly at the State Capitol or at other places as is deemed necessary or convenient and at other times upon call of the chair. All meetings shall be open to the public. The advisory council shall convene at the discretion of the commission, but in any event shall meet jointly with the commission at least once annually.
(b) A majority of the members of the commission shall constitute a quorum for conducting business.
(c) Except as hereinafter provided, the commission shall act by affirmative vote of a majority of members present and voting.
(d) The commission will keep or cause to be kept a record of all transactions discussed or voted on by the commission.
(Act 2000-596, p. 1192, §6.)
The executive committee of the commission shall be composed of the chair and four other members selected by the commission and shall conduct business as authorized by the commission or as permitted in Section 12-25-12.
(Act 2000-596, p. 1192, §7.)
The commission shall have the power to perform the functions as necessary to carry out the purposes of this article and may delegate power to any member or designated person. The commission may do all of the following:
(1) Submit appropriation requests to the Legislature.
(2) Serve as an agency to apply for and receive grants, donations, or other monies from public or private sources and to coordinate and conduct studies in connection with any of its purposes and functions.
(3) Enter into and perform contracts, leases, cooperative agreements, and other transactions as may be necessary to fulfill the responsibilities of the commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization.
(4) Accept voluntary and uncompensated services.
(5) Request information, data, and reports from any Alabama agency or judicial officer as the commission may from time to time require and as may be produced consistent with other law.
(6) Hold hearings, conduct fact finding tours, and call witnesses to assist the commission in fulfilling its responsibilities.
(7) Perform other functions as may be necessary to carry out this article.
(Act 2000-596, p. 1192, §8.)
The commission shall have the following responsibilities:
(1) To review state sentencing structure, including laws, policies, and practices, and recommend changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish the purposes and objectives of this article.
(2) To review the overcrowding problem in county jails, with particular emphasis on funding for the county jails and the proper removal of state prisoners from county jails pursuant to state law and state and federal court orders, and to make recommendations for resolution of these issues to the Governor, Legislature, Attorney General, and Judicial System Study Commission before the 2002 Regular Legislative Session.
(3) To make recommendations to the Governor, Legislature, Attorney General, and Judicial System Study Commission concerning the enactment of laws relating to criminal offenses, sentencing, and correctional or probation matters.
(4) To publish an annual report and other reports as the chair deems necessary.
(5) To serve as a clearinghouse for the collection, preparation, and dissemination of information on sentencing practices.
(6) To maintain and make available for public inspection records of actions taken by the commission.
(Act 2000-596, p. 1192, §9.)
Before or during the 2003 Regular Legislative Session, the commission shall review the present sentencing structure, including laws, policies, and practices, and recommend for consideration in the 2003 Regular Session changes to the criminal code, criminal rules of procedure, and other aspects of sentencing necessary to accomplish a comprehensive discretionary sentencing plan for all felony offenses consistent with the purposes and objectives of this article.
(Act 2000-596, p. 1192, §10; Act 2002-503, p. 1304, §1.)
Agencies of the state government shall cooperate with the commission as necessary for the commission to carry out its responsibilities. Upon the request of the commission, each agency and department of the state shall make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the commission in the execution of its functions without cost to the commission. The commission shall have access to all offender records maintained by other state departments and agencies, including, but not limited to, the Department of Corrections, the Board of Pardons and Paroles, the Administrative Office of Courts, and the Alabama Criminal Justice Information Center. All offender information received by the commission shall remain subject to the confidentiality requirements of the department or agency providing the information. The commission, however, may release non-identifying offender information for statistical and analysis purposes. When possible, information shall be provided to the commission electronically.
(Act 2000-596, p. 1192, §11; Act 2002-503, p. 1304, §1.)
(a) The Chief Justice shall appoint a director for the commission. The Chief Justice may also authorize other employee positions for the commission. The director and employees of the commission shall be paid from any funds appropriated to the commission and shall be employed in the same manner as employees of the Supreme Court.
(b) The executive committee of the commission may employ and fix the compensation of consultants and experts to assist the commission as may be necessary to carry out its responsibilities.
(Act 2000-596, p. 1192, §12.)
This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003.
(Act 2003-354, p. 948, §1.)
(a) It is essential that Alabama manage its criminal justice system in the manner best able to protect public safety and make the most effective and efficient use of correctional resources. Based on the findings and recommendations of the Alabama Sentencing Commission, the Legislature finds that all of the following are necessary to protect public safety by providing a fair, effective, and efficient criminal justice system:
(1) Voluntary sentencing standards used to guide judicial decision makers in determining the most appropriate sentence for convicted felony offenders.
(2) The abolition of traditional parole and good time credits for convicted felons.
(3) The availability of a continuum of punishment options.
(b) The Legislature further finds, based on the findings and recommendations of the sentencing commission, that subdivisions (1) to (3), inclusive, of subsection (a) are necessary to best achieve all of the following goals:
(1) Incapacitating through incarceration the most dangerous and violent offenders in the state.
(2) Eliminating unwarranted disparity in sentencing.
(3) Assuring truth-in-sentencing.
(4) Providing the most effective use of correctional resources.
(5) Assuring the greatest opportunity for victim restitution.
(6) Protecting against prison and jail overcrowding.
(7) Maintaining meaningful judicial discretion.
(Act 2003-354, p. 948, §2.)
(a) The Legislature finds the Alabama Sentencing Commission has followed the directives of the Legislature in this article, to develop and recommend to the Legislature a discretionary sentencing structure designed to protect public safety by providing a fair, effective, and efficient criminal sentencing system for this state by doing all of the following:
(1) By developing a system of statewide voluntary sentencing standards and worksheets for use in felony cases for 26 felony offenses representing 87 percent of all felony convictions in Alabama over a five-year period.
(2) By taking into account historical sentencing data concerning time imposed and other factors that, after analysis of historical data, appear to be relevant in determining both the duration and disposition of sentences in the applicable felony cases.
(3) By basing the voluntary sentencing standards on historical sentencing practices adjusted to achieve sentencing goals as established in Rule 26 of the Alabama Rules of Criminal Procedure and Section 12-25-31.
(b) The Legislature further recognizes that the development of voluntary sentencing standards by the commission is and should be a continuous process and the commission has been directed to continue the development of the voluntary sentencing standards recommendations by collecting and analyzing sentencing data and incorporating a continuum of punishment options, as required by subdivision (1) of Section 12-25-33, and by identifying, testing, and recommending modifications of the initial voluntary sentencing standards and worksheets as may be necessary to accomplish the purposes and goals set out in this article and Rule 26 of the Alabama Rules of Criminal Procedure.
(Act 2006-312, p. 663, §1.)
For the purposes of this article, the following terms have the following meanings:
(1) COMMISSION. The Alabama Sentencing Commission, established as a state agency under the Supreme Court by this chapter.
(2) CONTINUUM OF PUNISHMENTS. An array of punishment options, from probation to incarceration, graduated in restrictiveness according to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised probation, that requires an offender to serve a sentence of imprisonment. The term includes time served in a work release program operated as a custody option by the Alabama Department of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15.
b. Intermediate Punishment. A sentence that may include assignment to any community based punishment program or may include probation with conditions or probation in conjunction with a period of confinement. Intermediate punishments include, but are not limited to, all of the following options:
A split sentence pursuant to Section 15-18-8.
Assignment to a community punishment and corrections program pursuant to the Alabama Community Punishment and Corrections Act or local acts.
Assignment to a community based manual labor work program pursuant to Sections 14-5-30 to 14-5-37, inclusive.
Intensive probation supervision pursuant to Section 15-22-56.
Cognitive and behavioral training.
Community service work.
County probation.
Day fines or means-based fines.
Day reporting.
Drug or alcohol testing.
Drug court programs.
Educational programs.
Electronic monitoring.
Home confinement or house arrest.
Ignition interlock.
Intermittent confinement.
Jail and prison diversion programs.
Job readiness and work.
Literacy and basic learning.
Pretrial diversion programs.
Residential drug treatment.
Residential community based punishment programs in which the offender is required to spend at least eight hours per day, or overnight, within a facility and is required to participate in activities such as counseling, treatment, social skills training, or employment training, conducted at the residential facility or at another specified location.
Restorative justice as established in Section 12-17-226.6.
(i) Victim impact panels.
(ii) Voluntary victim offender conferencing.
(iii) Voluntary victim offender mediation.
Self-help groups.
Sobrietor or breath alcohol remote monitoring.
Substance abuse education and treatment.
Treatment alternatives to street crime (TASC).
Voice recognition, curfew restriction, or employment monitoring.
Work release, other than those work release programs operated by the Alabama Department of Corrections, as a custody option.
c. Unsupervised Probation. A sentence in a criminal case that includes a period of probation but does not include supervision, active incarceration, or an intermediate punishment.
d. Post-release Supervision. A mandatory period of supervision following sentences of active incarceration as defined in paragraph a. that may include one or more intermediate punishment options.
(3) COURT. Unless otherwise stated, a district or circuit court exercising jurisdiction to sentence felony offenders.
(4) EVIDENCE-BASED PRACTICES. Policies, procedures, programs, and practices proven by widely accepted and published research to reliably produce reductions in recidivism.
(5) FELONY OFFENSE. A noncapital felony offense.
(6) INITIAL VOLUNTARY STANDARDS. The voluntary sentencing standards effective on October 1, 2006. These standards were based on statewide historic sentences imposed with normative adjustments designed to reflect current sentencing policies.
(7) NONVIOLENT OFFENSE. All offenses which are not violent offenses.
(8) NONVIOLENT OFFENDER. Any offender who does not qualify as a violent offender pursuant to subdivision (14).
(9) OFFENDER. A person convicted of a noncapital felony offense.
(10) RELEASE AUTHORITY. Any public official, agency, or other entity authorized by law to release a sentenced offender from incarceration or other conditions of a sentence.
(11) VALIDATED RISK AND NEEDS ASSESSMENT. An actuarial tool that has been validated and established by administrative rule in Alabama to determine the likelihood of an offender engaging in future criminal behavior. The Board of Pardons and Paroles and the Department of Corrections shall adopt compatible tools to conduct a validated risk and needs assessment upon offenders within the jurisdiction of the state. A validated risk and needs assessment shall include, but not be limited to, an offender’s prior criminal history, the nature and severity of the present offense, and potential for future violence.
(12) TRUTH-IN-SENTENCING STANDARDS. Truth in sentencing is scheduled to become effective October 1, 2020.
(13) UNDER SUPERVISION. All offenders under the supervision of any criminal justice agency or program including, but not limited to, any of the following entities:
a. The Alabama Department of Corrections.
b. State or county probation offices.
c. Community corrections programs pursuant to Alabama Community Corrections Act.
d. Jails.
e. State or local law enforcement agencies.
f. Any court.
(14) VIOLENT OFFENDER. A violent offender is an offender who has been convicted of a violent offense, or who is determined by the trial court judge or a release authority to have demonstrated a propensity for violence, aggression, or weapons related behavior based on the criminal history or behavior of the offender while under supervision of any criminal justice system agency or entity.
(15) VIOLENT OFFENSE.
a. For the purposes of this article, a violent offense includes each of the following offenses, or any substantially similar offense to those listed in this subdivision created after June 20, 2003:
Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.
Murder pursuant to Section 13A-6-2.
Manslaughter pursuant to Section 13A-6-3.
Criminally negligent homicide pursuant to Section 13A-6-4.
Assault I pursuant to Section 13A-6-20.
Assault II pursuant to Section 13A-6-21.
Compelling street gang membership pursuant to Section 13A-6-26.
Kidnapping I pursuant to Section 13A-6-43.
Kidnapping II pursuant to Section 13A-6-44.
Rape I pursuant to Section 13A-6-61.
Rape II pursuant to Section 13A-6-62.
Sodomy I pursuant to Section 13A-6-63.
Sodomy II pursuant to Section 13A-6-64.
Sexual torture pursuant to Section 13A-6-65.l.
Sexual abuse I pursuant to Section 13A-6-66.
Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.
Stalking pursuant to Section 13A-6-90.
Aggravated stalking pursuant to Section 13A-6-91.
Soliciting a child by computer pursuant to Section 13A-6-110.
Domestic violence I pursuant to Section 13A-6-130.
Domestic violence II pursuant to Section 13A-6-131.
Burglary I pursuant to Section 13A-7-5.
Burglary II pursuant to Section 13A-7-6.
Burglary III pursuant to subdivision (1) or subdivision (2) of subsection (a) of Section 13A-7-7.
Arson I pursuant to Section 13A-7-41.
Criminal possession of explosives pursuant to Section 13A-7-44.
Extortion I pursuant to Section 13A-8-14.
Robbery I pursuant to Section 13A-8-41.
Robbery II pursuant to Section 13A-8-42.
Robbery III pursuant to Section 13A-8-43.
Pharmacy robbery pursuant to Section 13A-8-51.
Terrorist threats pursuant to Section 13A-10-15.
Escape I pursuant to Section 13A-10-31.
Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.
Intimidating a witness pursuant to Section 13A-10-123.
Intimidating a juror pursuant to Section 13A-10-127.
Treason pursuant to Section 13A-11-2.
Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.
Promoting prostitution I pursuant to Section 13A-12-111.
Production of obscene matter involving a minor pursuant to Section 13A-12-197.
Trafficking pursuant to Section 13A-12-231.
Child abuse pursuant to Section 26-15-3.
Elder abuse pursuant to Section 38-9-7.
Terrorism pursuant to Section 13A-10-152.
Hindering prosecution for terrorism pursuant to Section 13A-10-154.
Domestic violence III pursuant to subsection (d) of Section 13A-6-132.
Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138.
Human trafficking I pursuant to Section 13A-6-152.
Human trafficking II pursuant to Section 13A-6-153.
Hindering prosecution in the first degree pursuant to Section 13A-10-43.
Any substantially similar offense for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States.
b. The basis for defining these offenses as violent is that each offense meets at least one of the following criteria:
Has as an element, the use, attempted use, or threatened use of a deadly weapon or dangerous instrument or physical force against the person of another.
Involves a substantial risk of physical injury against the person of another.
Is a nonconsensual sex offense.
Is particularly reprehensible.
c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article.
d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003.
(Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)
To achieve the goals recognized by the Legislature in Chapter 25 and Section 12-25-31, the commission shall:
(1) Develop, maintain, and modify as necessary a system of statewide voluntary sentencing standards for use in felony cases which shall take into account historical sentencing data, concerning time actually served for various felony offenses, sentences imposed for various felony offenses, and such other factors as appear historically relevant to determining both the duration and disposition of sentences in felony cases. The standards shall recognize a continuum of punishments in recommending the disposition of sentences.
(2) Educate judges, prosecutors, defense attorneys, victim’s service officers, community corrections officials, probation officers, and other personnel, where appropriate, in the use of the voluntary sentencing standards and worksheets.
(3) Develop, distribute, and periodically update sentencing worksheets for the use of courts in determining both the duration and disposition of sentences in felony cases.
(4) Prepare, distribute, and periodically update a form for sentencing courts to record the sentence of the offender and the reason or reasons for any departure from the voluntary sentencing standards.
(5) Develop and distribute voluntary standards for sentencing courts that include recommended intermediate punishment options.
(6) Evaluate validated risk and needs assessment instruments used by the Board of Pardons and Paroles, the Department of Corrections, and other agencies and entities and assist in developing an offender risk and needs assessment instrument for use in felony cases, based on a study of Alabama felons, that is intended to be predictive of the relative risk that a felon will become a threat to public safety.
(7) Collect, analyze, and maintain data regarding sentencing practices in felony cases, including the use of the voluntary sentencing standards, and recommend changes or modifications of the standards and worksheets as the commission deems appropriate.
(8) Collect and analyze information including sentencing data, crime trends, and existing correctional resources to enable the commission to make recommendations regarding projected correctional resource needs and to make recommendations to the Governor, the Legislature, the Chief Justice, and the Attorney General in the annual report of the commission. This annual report should also include data showing the impact of the initial voluntary standards and the truth-in-sentencing standards by race, gender, and location of the offender.
(9) Study felony statutes in the context of sentencing patterns as they evolve and make recommendations for the revision of criminal offense statutes to provide more specific offense definitions and more narrowly prescribed ranges of punishment.
(10) Study bills introduced in the Legislature affecting criminal laws and procedure and prepare impact statements of proposed legislation on Alabama’s criminal justice system, including the prison population.
(11) Report upon its work and recommendations annually to the Governor, the Legislature, the Chief Justice, and the Attorney General, to include the number of incarcerated inmates that are currently only serving a sentence for a nonviolent offense and who also have a violent offense in their criminal history. The Department of Corrections shall provide to the commission any information necessary to complete such report.
(12) Conduct the research necessary to determine the appropriate point values for offenses classified as Class D felonies for purposes of the sentencing guidelines and establish such point values within the sentencing range set forth in Section 13A-5-6.
(13) Perform such other functions as may be required by law or necessary to carry out the duties of the commission prescribed in this chapter and this article.
(Act 2003-354, p. 948, §4; Act 2015-185, §1.)
(a) Statewide voluntary sentencing standards shall be developed and presented to the Legislature in stages over a three-year period as follows:
(1) By July 31, 2003, the commission shall develop and distribute to all sentencing judges a reference manual analyzing historical sentencing practices by duration of sentence and disposition of felony offenders in Alabama. The reference manual shall indicate those types of offenders historically most likely to be sentenced to punishments other than active incarceration where alternatives to active incarceration are available.
(2) Concurrently with the development and distribution of the reference manual, the commission shall develop and begin testing worksheets and voluntary sentencing standards in selected circuits for selected felony offenses.
(3) The commission shall develop and present the initial voluntary sentencing standards to the Legislature before or during the 2006 Regular Session. These standards shall be introduced in the 2006 Regular Session and shall become effective on October 1 following the 2006 Regular Session, if approved by an act of the Legislature passed during that session. The initial voluntary sentencing standards based on sentences imposed shall apply to convictions for felony offenses sentenced on or after October 1, 2006, and committed before the effective date of the voluntary truth-in-sentencing standards.
(4) The commission shall develop and present truth-in-sentencing standards to the Legislature before or during the 2020 Regular Session. These standards shall be introduced in the 2020 Regular Session and shall become effective on October 1 following the 2020 Regular Session, if approved by an act of the Legislature. The voluntary truth-in-sentencing standards shall apply only to felony offenses committed on or after the effective date of these standards.
(b) Recommended sentence ranges shall be established by standards that are based on historical sentencing practices, adjusted to achieve sentencing goals as established in Rule 26 of the Alabama Rules of Criminal Procedure, this chapter, and Section 12-25-31.
(c) Voluntary sentencing standards shall take into account and include statewide historically based sentence ranges, including all applicable statutory minimums and sentence enhancement provisions, including the Habitual Felony Offender Act, with adjustments made to reflect current sentencing policies. No additional penalties pursuant to any sentence enhancement statute shall apply to sentences imposed based on the voluntary sentencing standards.
(d) Commencing with the 2013 Regular Session, any modifications to the initial voluntary sentencing standards made by the commission shall be contained in the annual report presented to the Governor, the Legislature, the Chief Justice, and the Attorney General. An annual report containing proposed modifications shall be presented to the Governor, the Legislature, the Chief Justice, and the Attorney General at least forty-five days prior to each regular session of the Legislature. The modifications presented for nonviolent offenses shall become effective on October 1 following the legislative session in which the modifications were presented unless rejected by an act of the Legislature enacted by bill during the legislative session. The modifications presented for violent offenses shall become effective on October 1 following the legislative session in which the modifications were presented, if approved by an act of the Legislature enacted by bill during the legislative session in which the modifications were presented.
(Act 2003-354, p. 948, §5; Act 2006-312, p. 663, §3; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1.)
The initial voluntary sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary of the Senate, and the Clerk of the House of Representatives, are approved for implementation effective on October 1, 2006, under the terms and conditions set out in Sections 12-25-34 and 12-25-35; provided however, that these standards shall not apply to any sex offense involving a victim under the age of 12.
(Act 2006-312, p. 663, §2.)
(a) For the purposes of this section, the following words have the following meanings:
(1) AGGRAVATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence above the presumptive sentence recommendation for an offense. Aggravating factors may result in dispositional or sentence range departures, or both, and shall be stated on the record by the court.
(2) DEPARTURE. A sentence that departs from the presumptive sentence recommendation for an offender.
(3) DISPOSITION. The part of the sentencing courts presumptive sentence recommendation other than sentence length.
(4) DISPOSITIONAL DEPARTURE. A sentence that departs from the presumptive sentence recommendation for disposition of sentence.
(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence below the presumptive sentence recommendation for an offense. Mitigating factors may result in disposition or sentence range departures, or both, and shall be stated on the record by the court.
(6) NONVIOLENT OFFENSES. As defined in Section 12-25-32.
(7) PRESUMPTIVE SENTENCE RECOMMENDATION. The recommended sentence range and disposition provided in the sentencing standards.
(8) SENTENCE RANGE. The sentencing court’s discretionary range of length of sentence as provided and recommended in the presumptive sentencing recommendation.
(9) SENTENCE RANGE DEPARTURE. A sentence that departs from the presumptive sentence recommendation as to the sentence range.
(10) VIOLENT OFFENSES. As defined in Section 12-25-32.
(b)(1) The voluntary sentencing standards as provided for in Section 12-25-34, as applied to nonviolent offenses shall become presumptive sentencing standards effective October 1, 2013, to the extent the modification adopted by the Alabama Sentencing Commission become effective October 1, 2013. The standards shall be applied by the courts in sentencing subject to departures as provided herein. To accomplish this purpose as to the existing initial voluntary sentencing standards, the Alabama Sentencing Commission shall adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement this provision including, but not limited to, defining aggravating and mitigating factors that allow for departure from the presumptive sentencing recommendations. The commission’s modifications shall be presented to the Legislature in the commission’s annual report within the first five legislative days of the 2013 Regular Session.
(2) The Alabama Sentencing Commission shall immediately adopt modifications to the standards, worksheets, and instructions to the extent necessary to implement Act 2023-461. The amendatory provisions of Act 2023-461 shall supersede any standards, worksheets, and instructions of the commission that are in conflict with these amendatory provisions.
(c) Durational and dispositional departures from the presumptive sentencing standards shall be subject to appellate review. Along with the modifications provided for in subsection (b), the Alabama Sentencing Commission shall recommend a narrowly defined scope of appellate review applicable to departures from presumptive sentencing recommendations. The scope of appellate review shall become effective upon approval by an act of the Legislature enacted by bill.
(Act 2012-473, p. 1304, §2; Act 2023-461, §1.)
(a) In felony cases, a probation officer, the district attorney, or some other person appointed at the discretion of the sentencing judge, and within the time frame set by the judge, shall, after notice to the offender or his or her attorney, present a completed appropriate voluntary sentencing standards worksheet to the sentencing judge for consideration.
(b) The trial court shall review the sentencing standards worksheet and consider the suitability of the applicable voluntary sentencing standards established pursuant to this article. In imposing sentence, the court shall indicate on the record that the worksheet and applicable sentencing standards have been reviewed and considered.
(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary standards, and sentences outside the voluntary sentencing standards in accordance with existing law, the court may provide a brief written reason for the departure. Neither the departure nor the reason stated for the departure shall be subject to appellate review but shall be supplied to the commission for future consideration concerning modification of the voluntary sentencing standards and for statistical purposes only.
(d) Copies of the voluntary sentencing standards worksheets, prepared pursuant to this article, shall be subject to the same distribution requirements as presentence investigation reports.
(e) Following the imposition of a sentence in a felony case, the clerk of the court in which the case was disposed shall forward a copy of the sentencing order or orders, a copy of the voluntary sentencing standards worksheets prepared in the case, and a copy of any departure explanation to the commission within 45 days after the imposition of sentence.
(f) Failure to follow any or all of the provisions of this section, or failure to follow any or all of the provisions of this section in the prescribed manner, shall not be reviewable on appeal or the basis of any other post-conviction relief.
(Act 2003-354, p. 948, §6.)
This section and Sections 12-25-37 and 12-25-38 shall apply only after development and legislative approval of the proposed truth-in-sentencing standards submitted in 2020. When a judge sentences based on the voluntary truth-in-sentencing standards, all of the following rules shall apply:
(1) Sentences imposed based on voluntary truth-in-sentencing standards pursuant to this article shall not be subject to any other provision of law concerning the duration of sentence.
(2) Sentences imposed based on the voluntary truth-in-sentencing standards shall include both a minimum and an extended term of sentence including a period of post-release supervision. The minimum sentence and the extended sentence shall be specified in the judgment of the court for those sentences that are imposed in compliance with the voluntary truth-in-sentencing standards. Sentence dispositions may include active incarceration, intermediate punishment, unsupervised probation, or a minimum punishment as specified in the voluntary truth-in-sentencing standards.
(3) The minimum term of sentence shall be consistent with the sentence range recommended in the voluntary truth-in-sentencing standards for the worksheet score of an offender. No offender sentenced to incarceration may be released from incarceration before the expiration date of the minimum term of sentence.
(4) The extended term of sentence shall be a period of time equal to 120 percent of the minimum term, rounded to the next highest month, plus a one-year period of post-release supervision.
(5) The amount of time an offender shall be incarcerated on the extended term of sentence shall be determined by the Department of Corrections pursuant to rules and regulations established by the Department of Corrections governing an offender’s conduct after conviction and sentence.
(6) No sentence of active incarceration may be suspended.
(7) For any disposition of sentence less than active incarceration as defined in paragraph a. of subdivision (2) of Section 12-25-32, the court shall retain jurisdiction to modify sentence disposition of sentence.
(Act 2003-354, p. 948, §7; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1.)
(a) An offender sentenced based on the voluntary truth-in-sentencing standards is released from incarceration to post-release supervision on the date equivalent to the expiration of the minimum term of sentence plus any additional time added by the Department of Corrections on the offender’s extended term of sentence. In no event, however, shall an offender’s initial release date be later than the date equivalent to the extended term less the time equivalent to the period of post-release supervision.
(b) An offender may not refuse post-release supervision.
(c) An offender whose offense was committed after the effective date of the voluntary truth-in-sentencing standards but whose sentence of active incarceration was a departure from the standards, shall be released to post-release supervision one year prior to the date calculated as the end of the offender’s sentence.
(d) Before an offender is released to post-release supervision, the Board of Pardons and Paroles shall design a release plan to reintegrate the offender into society and to further hold the offender accountable for his or her offense by collecting restitution and other court indebtedness.
(e) Post-release supervision shall be provided by probation and parole officers or other officers designated by the Board of Pardons and Paroles.
(Act 2003-354, p. 948, §9.)
(a) Offenders who fail to comply with the conditions of post-release supervision as specified by the Board of Pardons and Paroles may have their release status revoked.
(b) At any time during the period of post-release supervision, the Board of Pardons and Paroles may issue a warrant and may cause the offender to be arrested for violating any of the conditions of post-release supervision.
(c) Any probation officer, police officer, or other officer with power of arrest, when requested by the probation officer or other supervising officer, may arrest an offender under post-release supervision without a warrant. To arrest the offender without a warrant, the arresting officer shall have a written statement by the probation officer or other supervising officer declaring that the offender under post-release supervision, in his or her judgment, has violated the conditions of post-release supervision. The statement shall be sufficient warrant for the detention of the person under post-release supervision in the county jail or other appropriate place of detention until the offender under post-release supervision is brought before the Board of Pardons and Paroles; provided that no person detained under this section shall be held in the county jail for more than 20 days, and if his or her detention exceeds 20 days, he or she shall be immediately transferred to a state correctional facility. The probation officer or other supervising officer shall forthwith report the arrest and detention to the Board of Pardons and Paroles and shall submit in writing a report demonstrating how the offender under post-release supervision violated the terms of his or her release status.
(d) If the offender violates a condition of post-release supervision, the Board of Pardons and Paroles, after a hearing, may implement one or more of the following options:
(1) Continue the existing term of post-release supervision.
(2) Issue a formal or informal warning to the offender under post-release supervision that further violation may result in revocation of his or her post-release supervision status and a return to incarceration for a period of time not to exceed the remainder of the maximum sentence imposed at the time of sentencing. An offender shall not receive credit on his or her sentence for time served on post-release supervision.
(3) Conduct a formal or informal conference with the offender under post-release supervision to reemphasize the necessity of compliance with the conditions of his or her release status.
(4) Modify the conditions of post-release supervision, including, but not limited to, short periods of confinement.
(5) Revoke the post-release supervision status of the offender and order the offender returned to custody for such period of time as provided in subdivision (2).
(e) The Board of Pardons and Paroles may not revoke the release status of an offender and order additional confinement unless the board finds, on the basis of the original offense and the intervening conduct of the offender, either of the following:
(1) That no measure short of confinement will adequately protect the community from further criminal activity by the offender.
(2) That no measure short of confinement will avoid depreciating the seriousness of the violation.
(3) In lieu of a formal hearing, the Board of Pardons and Paroles may issue a standing order authorizing supervising officers to impose the sanctions listed in subdivisions (1), (2), or (3) of this subsection (d) or any pre-approved sanction that does not include a period of confinement. All instances of non-compliance and disciplinary actions shall be immediately reported to the Board of Pardons and Paroles.
(Act 2003-354, p. 948, §10.)
As used in this chapter, the following terms have the following meanings:
(1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to engage in a particular occupation. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court, or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification Act.
(2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an individual convicted of a crime serves time in the jurisdictional custody of the state, including, but not limited to, a prison term, jail term, or community corrections sentence.
(3) ORDER OF THE LIMITED RELIEF or ORDER. An order concerning an individual convicted of a crime by a court of conviction that relieves the individual from some or all of the collateral consequences associated with that conviction within this state.
(Act 2019-464, §1.)
This chapter does not do any of the following:
(1) Provide a basis for invalidating a plea, conviction, or sentence.
(2) Provide a cause of action for monetary damages.
(3) Affect any of the following:
a. The responsibilities imposed by the Alabama Sex Offender Registration and Community Notification Act.
b. Any licensure requirements imposed by an interstate compact or other interstate mutual recognition licensure requirements imposed by law to which Alabama is subject, or any licensure requirements imposed by federal law.
c. An attorney’s duty to represent a client.
d. A claim or right of the victim of a criminal offense.
e. A right or remedy under law, other than this chapter, available to an individual convicted of a crime.
(Act 2019-464, §2.)
(a) An individual who has been convicted in this state of a misdemeanor or felony may file a petition to obtain an order of limited relief in the following venues:
(1) For a conviction imposed by a circuit court, in the circuit civil court in the county that imposed the conviction.
(2) For a conviction imposed by a district or municipal court, in the circuit civil court in the county where the crime occurred.
(b) An individual who has been convicted in multiple judicial circuits in this state may file a petition to obtain an order of limited relief covering each of his or her criminal convictions in the circuit civil court in any county that imposed one of the convictions.
(c) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a) or (b).
(Act 2019-464, §3.)
(a) An individual who has been convicted in federal court may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides.
(b) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a).
(Act 2019-464, §4.)
(a) An individual who has been convicted in the court of another state or country and has received an order of limited relief or similar document or ruling from the convicting jurisdiction may file a petition to obtain an order of limited relief in the circuit civil court in the judicial circuit where the individual resides.
(b) The circuit court shall have original jurisdiction of any petition to obtain an order of limited relief, as described in subsection (a).
(Act 2019-464, §5.)
(a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances:
(1) If the petitioner is serving a custodial sentence with more than six months remaining.
(2) If the petitioner is currently charged with a felony.
(3) If the petitioner is currently charged with a Class A misdemeanor that is alleged to have occurred within the past 12 months.
(b) An individual may not file a petition to obtain an order of limited relief if a separate petition covering the same conviction or convictions has been filed in another circuit.
(c) A court’s rejection of a petition to obtain an order of limited relief on its merits shall be preclusive as to the related convictions for a period of two years, unless otherwise ordered at the court’s discretion.
(Act 2019-464, §6.)
(a) A petition to obtain an order of limited relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following:
(1) That the petitioner is not subject to the limitations in Section 12-26-6 and is eligible to seek an order of limited relief.
(2) Whether the petitioner has previously applied for an order of limited relief in any jurisdiction and whether an order has been granted previously.
(3) A list specifying any convictions and collateral consequences to which the order should apply.
(b) Once a petition has been filed, the court shall review available presentence and other reports on the defendant and may order a postsentence report to be completed by the Board of Pardons and Paroles or by the Commissioner of the Department of Corrections. The postsentence report shall contain information required by the court, which may include, but not be limited to, any of the following:
(1) A statement of the offense or offenses and surrounding circumstances.
(2) A statement of the petitioner’s criminal and juvenile record.
(3) A record of previous applications for orders of limited relief.
(4) A statement of the petitioner’s medical and psychological history, if available.
(5) A statement of the petitioner’s history while under the custody of the Department of Corrections, if any.
(6) Any previous probation or sentencing reports prepared by the Board of Pardons and Paroles.
(c) Upon completion, the Board of Pardons and Paroles shall provide copies of the postsentence report to the court and to either the petitioner’s attorney or the petitioner, if not represented by an attorney.
(d) When a petitioner seeks relief from a conviction from a jurisdiction other than this state, the circuit court may require the petitioner to have additional documentation sent from that jurisdiction, including, but not limited to, any of the following:
(1) Any orders of limited relief, Certificates of Relief from Disabilities, Certificates of Rehabilitation, or similar documents issued by that jurisdiction.
(2) Any transcripts or other court records.
(3) Any sentencing reports, probation records, or similar documents.
(4) Any other available documentation necessary in considering the merits of the petition.
(e) Filing a petition for an order of limited relief shall constitute a waiver of privilege for any parole or probation records related to the offenses for which the petition is filed.
(f) Following a ruling by the court on the petition, any filed parole or probation records or other material that is otherwise subject to privilege shall be considered confidential.
(g) An individual required to register as a sex offender pursuant to Chapter 20A of Title 15 or convicted of a violent offense as defined in Section 12-25-32 is ineligible to obtain an order of limited relief.
(Act 2019-464, §7; Act 2025-388, §1.)
(a) In addition to any court costs or docket fees for filing a petition in circuit court, the petitioner shall pay an administrative filing fee of one hundred dollars ($100) at the time of filing a petition to obtain an order of limited relief. The administrative filing fee may not be waived by the court.
(b) Notwithstanding subsection (a), a petitioner may apply for indigent status by completing an Affidavit of Substantial Hardship and submitting the affidavit when filing the petition. If the court finds the petitioner is indigent, the court may establish a payment plan for the petitioner to satisfy the administrative filing fee over a period of time.
(c) All administrative filing fees shall be allocated to the State Judicial Administration Fund administered by the Administrative Office of Courts.
(Act 2019-464, §8.)
(a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a hearing.
(c) If a hearing is held, the hearing shall be conducted in a manner prescribed by the trial judge and may include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact.
(d) In ruling on the petition, the court may consider the following factors, in addition to the information contained in the postsentence report:
(1) The nature and seriousness of the offense.
(2) The circumstances under which the offense occurred.
(3) Whether the offense or offenses for which the order is sought were the result of an isolated instance or a pattern of conduct.
(4) The relationship between the offense and collateral consequence or consequences from which the petitioner seeks relief.
(5) Available probation or parole records, reports, or recommendations.
(6) Evidence of previous orders of limited relief granted to the petitioner or prior expungement of the petitioner’s record.
(7) Any other matter the court deems relevant.
(e) The court shall grant the petition if the court is reasonably satisfied from the evidence that granting the petition will materially assist the petitioner in obtaining or maintaining employment and in living a law-abiding life, and will not pose an unreasonable risk to the safety or welfare of the public or any individual.
(f) There is no right to an order of limited relief, and any request for such an order may be denied at the sole discretion of the court.
(g) The ruling of the court shall be subject to direct appeal to the Alabama Court of Civil Appeals and shall not be reversed absent a showing of an abuse of discretion.
(h) When the court grants a petition for an order of limited relief, the petitioner shall be entitled to three copies of the order from the clerk’s office.
(i) When an order of limited relief is granted, an occupational licensing board, as defined in Section 41-9A-1, may still consider the conduct underlying the conviction upon which the order was granted, but the order of limited relief shall create a presumption of rehabilitation and fitness for obtaining a license as defined in Section 41-9A-1.
(j) In a judicial or administrative proceeding alleging negligent hiring, an order of limited relief granted to an individual pursuant to this section may be introduced as evidence of a person’s due care in hiring that individual if the person knew of the order of limited relief at the time of the alleged negligent hiring.
(k) In any proceeding on a claim against an employer for negligent hiring based upon the prior conviction of an employee, an order of limited relief granted to the employee pursuant to this section shall provide immunity for the employer with respect to the claim of negligent hiring if the employer knew of the order of limited relief at the time of the alleged negligent hiring. This subsection does not provide immunity to the employer for other claims related to the conduct of the employee.
(l) An employer who hires an individual who has been granted an order of limited relief is subject to suit in a civil action based on or relating to the retention of the individual as an employee only if:
(1) The individual, after being hired, demonstrates a danger to others or is subsequently convicted of a felony; and
(2) The individual is retained by the employer after the demonstration of danger to others or a subsequent conviction that is substantially similar to the conduct resulting in the prior conviction upon which the order of limited relief was granted.
(Act 2019-464, §9; Act 2025-388, §1.)
(a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 days to file a response to the court’s determination. After 30 days or the filing of the response, whether or not the petitioner was able to be located, the court may order a hearing or enter an order revoking the order.
(b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited relief.
(c) When an order is issued while the petitioner is on probation for the related offense, the court may revoke the order upon a finding that the petitioner has violated the terms or conditions of probation.
(Act 2019-464, §10.)
(a) The Administrative Office of Courts may establish a standard order of limited relief form to be used by all courts in the state.
(b) Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying by jurisdiction the number of applicants requesting an order of limited relief, the number of orders granted, and a list of the underlying offenses for which an order was granted. The report may not include any case-specific identifying information.
(Act 2019-464, §11.)
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