Published: 2015

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Article 1 General Provisions.

Section 12-17-1 County court personnel serving district and circuit courts to become employees of state; court personnel subject to benefits and regulations of merit and retirement systems; settlement of disputes regarding which persons are court personnel.

Section 12-17-2 Court personnel included in state employee personnel system; establishment of job descriptions, rates of compensation, etc., applicable to court personnel.

Section 12-17-3 Reimbursement of employees for expenses incurred at locations other than principal court site.

Section 12-17-4 State assumption of retirement and other employee benefits.

Article 2 Circuit Court Judges.

Division 1 General Provisions.

Section 12-17-20 Number of judges in each circuit.

Section 12-17-21 Judgeships to be numbered in circuits with more than one judge; candidates to designate judgeship for which they are candidate.

Section 12-17-22 Residence.

Section 12-17-23 Presiding judges - How selected.

Section 12-17-24 Presiding judges - Supervision of judges and other court personnel.

Section 12-17-24.1 Family court divisions; implementation plan.

Section 12-17-24.2 Jurisdiction of Family Court Division.

Section 12-17-25 Appointment of relief judges to assist in clearing dockets.

Section 12-17-26 Authority and duties generally.

Section 12-17-27 Authority of judge outside own circuit.

Section 12-17-28 Writs of certiorari to district and municipal courts.

Section 12-17-29 Absence of judge adjourns court.

Section 12-17-30 Salary; effect on other provisions; judges and district attorney's supplements.

Division 2 Supernumerary Circuit Judges.

Section 12-17-40 Continuation of laws concerning duties, benefits, etc.; election of supernumerary status.

Article 3 District Court Judges.

Section 12-17-60 Boundaries of districts for election of judges.

Section 12-17-61 Number of judges in each district; manner of election of judges generally.

Section 12-17-62 Numbering and designation of positions on ballots in districts in which more than one judge elected.

Section 12-17-63 Qualifications.

Section 12-17-64 Residence.

Section 12-17-65 Term of office.

Section 12-17-66 Commissioned judges.

Section 12-17-67 Filling of vacancies.

Section 12-17-68 Compensation.

Section 12-17-69 Primary duty to serve districts for which elected.

Section 12-17-70 Designation of judge to handle domestic relations, divorce, etc., cases in districts having more than one judge.

Article 4 Circuit Clerks and Registers.

Division 1 General Provisions.

Section 12-17-80 Circuit clerks, registers, and employees in offices thereof to be paid by state.

Section 12-17-81 Annual salary.

Section 12-17-81.1 Prior service credit.

Division 2 Clerks.

Section 12-17-90 Offices; vacancies.

Section 12-17-91 Bond.

Section 12-17-92 Compensation of circuit clerks.

Section 12-17-93 Authority.

Section 12-17-94 Duties generally.

Section 12-17-95 When sheriff's commissions to be collected.

Section 12-17-96 Duty of clerk when convict indicted; convict not to be released until bail given.

Section 12-17-97 Duty to pay over money to successor.

Section 12-17-98 Deputy clerk for Bessemer division of tenth judicial circuit.

Section 12-17-99 Supplemental salary for elected deputy circuit clerks.

Division 3 Registers.

Section 12-17-110 Office of register not to be filled when vacancy occurs; reappointment of registers holding office on October 10, 1975; removal of registers.

Section 12-17-111 Bond.

Section 12-17-112 Compensation of registers and employees in office of register.

Section 12-17-113 Place of office.

Section 12-17-114 Duties generally.

Section 12-17-115 Pleadings to be endorsed with date of filing.

Section 12-17-116 Injunctions.

Section 12-17-117 General direct and reverse indexes.

Section 12-17-118 Recopying of records.

Section 12-17-119 Records open to examination.

Section 12-17-120 Payment of money to successor.

Section 12-17-121 Punishment for contempt.

Section 12-17-122 Failure of register or commissioner to made deed of land.

Division 4 Supernumerary Clerks and Registers.

Section 12-17-140 Qualifications for supernumerary status generally; applicability of division; eligibility of clerk or register of circuit court with 23 years of service.

Section 12-17-141 Oath; vacancies in office of clerk or register in counties where supernumerary holds commission.

Section 12-17-142 Term of office; compensation; surviving spouse benefits; applicability.

Section 12-17-143 Establishment of supernumerary fund; contributions thereto.

Section 12-17-144 Prior service credit.

Section 12-17-145 Officials covered by division; notification procedure; post-election contribution transfer; post-transfer credits and contributions.

Section 12-17-146 Return of contributions to other plans.

Section 12-17-147 Return of contributions upon termination of service.

Article 5 District Court Clerks.

Section 12-17-160 Clerk of circuit court ex officio clerk of district court.

Section 12-17-161 Separate office of clerk of district court may be established; appointment and removal of clerk; abolition of separate office; participation in supernumerary fund.

Section 12-17-162 District court clerk employees component of office of clerk.

Article 6 District Attorneys.

Division 1 General Provisions.

Section 12-17-180 When elected; term of office.

Section 12-17-181 Filling of vacancies.

Section 12-17-182 Compensation.

Section 12-17-183 Residence; vacation of office for nonresidency.

Section 12-17-184 Powers and duties generally.

Section 12-17-185 Duty to attend court.

Section 12-17-186 Appointment of attorney to act for district attorney when office vacant, district attorney disqualified, etc.

Section 12-17-187 Failure to collect amounts due to county from public officers.

Section 12-17-188 Suspension from office - Indictment pending.

Section 12-17-189 Suspension from office - Appointment and compensation of district attorney pro tem.

Section 12-17-190 Suspension from office - When order of suspension set aside.

Section 12-17-191 Allowance for attendance outside home county.

Section 12-17-192 Additional allowance in circuits having four or more counties.

Section 12-17-193 Fees of district attorneys to be paid into State Treasury.

Section 12-17-194 Commencing prosecution on own affidavit.

Section 12-17-195 Assistant district attorneys representing defendants charged with criminal offenses.

Section 12-17-196 Restrictions on law partners defending criminal cases.

Section 12-17-197 District attorney's fund.

Section 12-17-198 Appointment, number and compensation of assistant district attorneys.

Section 12-17-199 Entitlement of elected assistant district attorneys to entitlements in article.

Division 1A District Attorneys' Spouses Fund.

Section 12-17-201 Creation and establishment of fund; source of fund.

Section 12-17-202 Administration; disbursement.

Section 12-17-203 Eligibility.

Section 12-17-204 Coverage; contributions; participation.

Section 12-17-205 Credit for prior service.

Section 12-17-206 Benefits.

Section 12-17-207 Termination of service prior to assumption of supernumerary status.

Division 2 Supernumerary District Attorneys.

Section 12-17-210 Qualifications for supernumerary status - Elected district attorneys generally.

Section 12-17-211 Qualifications for supernumerary status - Fifteen years of service and not less than 70 years of age.

Section 12-17-212 Qualifications for supernumerary status - Twelve years service and total disability; 25 years continuous service; 20 years service as judge and district attorney, etc.

Section 12-17-213 Qualifications for supernumerary status - Sixty years of age and 18 years of service as district attorney, judge, county solicitor, etc., with minimum of 10 years service as district attorney; 18 years of service as district attorney, judge, county solicitor, etc., with minimum of 15 1/2 years service as district attorney.

Section 12-17-214 Issuance of commission; filling of vacancies in office of district attorney.

Section 12-17-215 Compensation; term of office; impeachment.

Section 12-17-216 Oath of office; powers and duties.

Division 3 Assistants, Investigators, and Other Personnel; Budget Procedures.

Section 12-17-220 Powers of district attorneys as to employment, compensation, etc., of assistants, investigators, etc., to serve at district attorney's pleasure; such employees not covered by State Merit System Act; supplementation of state expenditures, etc., by counties.

Section 12-17-220.1 Appointment of investigators by district attorney of any judicial circuit.

Section 12-17-221 Submission to Office of Prosecution Services by district attorneys of estimates of amounts needed for personnel and office expenses for fiscal year; form and contents thereof; submission to Legislature by Office of Prosecution Services of unified budget request for funding of offices of district attorneys.

Section 12-17-222 Applicability of division to deputy district attorney of Bessemer cutoff of tenth judicial circuit.

Section 12-17-223 Construction of division.

Section 12-17-224 Special services division; worthless check unit; guidelines for processing worthless check complaints; fees and restitution; collection and distribution.

Division 4 Restitution Recovery Division.

Section 12-17-225 Purpose.

Section 12-17-225.1 District attorneys authorized to establish division.

Section 12-17-225.2 Court or clerk of court to notify district attorney when payments to state or victim are in default.

Section 12-17-225.3 District attorney authorized to take lawful steps to require compliance.

Section 12-17-225.4 Collection fee.

Section 12-17-225.5 Amnesty period.

Section 12-17-225.6 Costs, bail bond forfeitures, restitution, and other court-ordered charges considered civil judgement.

Section 12-17-225.7 Contracting with private collection agency allowed.

Section 12-17-225.8 Provisions of division are supplemental.

Section 12-17-225.9 Local legislation to supersede division.

Division 5 Pretrial Diversion Program.

Section 12-17-226 Definitions.

Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and control; intervention plans.

Section 12-17-226.2 Applicants for admittance.

Section 12-17-226.3 Standards for admission.

Section 12-17-226.4 Admission into program.

Section 12-17-226.5 Program requirements; counsel; costs.

Section 12-17-226.6 Acceptance into program; termination from program; completion of program; Restorative Justice Initiative; violations of terms or conditions.

Section 12-17-226.7 Time for application.

Section 12-17-226.8 Fees.

Section 12-17-226.9 Treatment programs; drug testing.

Section 12-17-226.10 Written agreement; other terms and conditions.

Section 12-17-226.11 Disposition of funds.

Section 12-17-226.12 Violations; waiver.

Section 12-17-226.13 Liability of district attorney, staff, officers, etc.

Section 12-17-226.14 Funding of program.

Section 12-17-226.15 Advisory board.

Section 12-17-226.16 Utilization of community programs and drug court programs; election to opt into this division.

Section 12-17-226.17 Pretrial diversion offender database.

Section 12-17-226.18 Ability to pay fees or costs.

Article 7 Office of Prosecution Services.

Section 12-17-230 Established; purpose.

Section 12-17-231 Executive director and staff not subject to merit system but eligible for state retirement benefits.

Section 12-17-232 Appointment, tenure, compensation and duties of executive director.

Section 12-17-233 Funding; annual audit.

Section 12-17-233.1 Transfers of budget excesses.

Section 12-17-234 Restriction on powers of office.

Article 8 District Court Administrative Agency, Magistrates, and SupernumeraryMagistrates.

Division 1 District Court Administrative Agency and Magistrates.

Section 12-17-250 District court administrative agency created; powers and duties thereof; persons deemed officials of agency; judicial powers thereof generally.

Section 12-17-251 Magistrates deemed chief officers of agency; appointment and powers of magistrates.

Section 12-17-252 Supreme Court to provide rules of administration for agency.

Section 12-17-253 Election by inferior court judges whose positions abolished by Constitution to become magistrates for duration of unexpired terms as judges; salaries of such judges.

Division 2 Supernumerary Magistrates.

Section 12-17-260 Who may become supernumerary magistrate.

Section 12-17-261 Filing of written declaration; issuance of commission.

Section 12-17-262 Term of office; salary.

Section 12-17-263 Notice to Administrative Director of Courts of intention to become supernumerary magistrate; payment of percentage of salary earned as judge or magistrate; oath of office; appointment of supernumerary magistrate to fill vacancy.

Section 12-17-264 Prior service credit.

Section 12-17-265 Benefit to surviving spouse of supernumerary magistrate.

Article 9 Court Reporters.

Division 1 General Provisions.

Section 12-17-270 Appointment; qualifications; term of office; removal.

Section 12-17-271 Existing positions continued; authorization of additional positions by Administrative Director of Courts.

Section 12-17-272 Special roving reporters.

Section 12-17-273 Oath.

Section 12-17-274 Compensation; minimum state salary; cost-of-living increase.

Section 12-17-275 Duties.

Section 12-17-276 Transcript fees.

Section 12-17-277 Fee for court reporter taxed as costs in cases utilizing reporter.

Division 2 Supernumerary Circuit Court Reporters.

Section 12-17-290 Qualifications for becoming supernumerary reporter.

Section 12-17-291 Oath, powers and duties of supernumeraries.

Section 12-17-292 Term; compensation.

Section 12-17-293 Appropriation for salaries.

Article 10 Bailiffs.

Section 12-17-310 Existing positions continued; authorization of additional positions by Administrative Director of Courts.

Section 12-17-311 Number and compensation.

Article 11 Referees.

Section 12-17-330 Appointment; qualifications.

Article 12 Secretaries.

Section 12-17-340 Judicial secretaries.

Section 12-17-341 Secretaries for clerks.