Chapter 1 - Supreme Court
- Article 1 General Provisions.
- Section 12-2-1 Composition of court; election and terms of office of justices
The Supreme Court, except as otherwise provided, shall consist of a chief justice and eight associate justices, who shall be elected by the qualified ...
- Section 12-2-2 Powers of justices - Issuance of writs of certiorari and granting of injunctions
The justices of the Supreme Court shall have authority to issue writs of certiorari and to grant injunctions and stays of execution of judgment, ...
- Section 12-2-3 Powers of justices - Administration of oaths and taking of affidavits and acknowledgments
The Chief Justice and every associate justice of the Supreme Court of Alabama may administer any oaths and take any affidavits or acknowledgments authorized ...
- Section 12-2-4 Salary of justices
The salary of the Chief Justice of the Supreme Court and every associate justice of the Supreme Court shall be such amount as is ...
- Section 12-2-5 Performance of duties or functions of Chief Justice in event of absence from state or disability thereof generally
In the event of the absence of the Chief Justice from the state or in the event of the inability of the Chief Justice ...
- Section 12-2-6 Performance of duties of Chief Justice in event of extended absence from court or disability thereof
Whenever the Chief Justice of the Supreme Court of Alabama shall, because of illness or otherwise, be disabled from actively performing his duties as ...
- Section 12-2-7 Jurisdiction and powers of court generally
The Supreme Court shall have authority: (1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by ...
- Section 12-2-8 Regular terms of court
Regular terms of the Supreme Court shall commence on the first Monday of October in each year and continue until and including the last ...
- Section 12-2-9 Special terms
The court may, whenever it deems proper, order and hold a special term. ...
- Section 12-2-10 Advisory opinions on constitutional questions - How opinion obtained
The Governor, by a request in writing, or either house of the Legislature, by a resolution of such house, may obtain a written opinion ...
- Section 12-2-11 Advisory opinions on constitutional questions - Request and receipt by court of briefs from Attorney General and amici curiae as to questions presented
The justices of the Supreme Court may request briefs from the Attorney General, and may receive briefs from other attorneys as amici curiae as ...
- Section 12-2-12 Advisory opinions on constitutional questions - Effect of opinion
The opinion of the justices of the Supreme Court or a majority of them shall be a protection to the officers and departments of ...
- Section 12-2-13 Standard for decision of cases in which existing opinion and former ruling in case conflict
The Supreme Court, in deciding each case when there is a conflict between its existing opinion and any former ruling in the case, must ...
- Section 12-2-14 Appointment of members of bar to sit as special judges in determination of certain cases
When by reason of disqualification the number of judges competent to sit in a case is reduced to eight or to six and there ...
- Section 12-2-15 Minutes of court and reports of decisions to state names of judges sitting in final decision of cases
The minutes of the court and the reports of its decisions shall state the names of the judges sitting in the final decision of ...
- Section 12-2-16 Advisory and standing committees
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 ...
- Section 12-2-17 Establishment of additional duties for judges
The Supreme Court may, by rules of court, establish additional duties for judges either within or without the geographical boundaries of the court of ...
- Section 12-2-18 Institution and maintenance of safety programs and precautions for security and protection of judicial building, etc., authorized; designation of marshal, assistant marshals, etc., as conservators of peace and powers thereof; payment for uniforms, arms, etc., of marshals, etc
(a) In connection with the security and protection of the judicial building and those sites other than the judicial building when the Supreme Court ...
- Section 12-2-19 Filing and publication of rules promulgated by court; promulgation of administrative rules as to collection, use, disclosure, etc., of information, statistics, etc., involved in administration of justice; construction and interpretation of rules
(a) Since the Supreme Court now has the initial primary duty to make and promulgate rules governing practice and procedure in all courts, as ...
- Section 12-2-20 Purposes for which appropriations may be used
The Supreme Court is further authorized and empowered to use moneys or funds appropriated to it, including, but not limited to, the moneys appropriated ...
- Section 12-2-21 Appointment, compensation, etc., of staff attorneys
The Alabama Supreme Court is hereby authorized to hire six staff attorneys to assist that court in legal research and analysis, including the preparation ...
- Article 2 Ex Officio Powers and Duties of Chief Justice.
- Section 12-2-30 Powers and duties as to supervision and administration of courts generally
(a) The Chief Justice shall see that the business of the several courts of the state is attended with proper dispatch and that cases, ...
- Section 12-2-31 Provision for compilation and tabulation of reports and information supplied to office
The Chief Justice shall have the reports and information supplied to his office as provided by law, tabulated and compiled so as to furnish ...
- Section 12-2-32 Employment, etc., of court attendant
The Chief Justice of the Supreme Court may employ one court attendant, who shall wait upon the Supreme Court and have the care of ...
- Section 12-2-33 Ordering of special sessions of courts, etc
Whenever in the opinion of the Chief Justice the business in any of the courts is being delayed or is unnecessarily congested or unnecessarily ...
- Section 12-2-34 Ordering of attendance of district attorneys at special sessions of courts, etc
The Chief Justice shall direct and order in the same manner the attendance of any district attorney upon any regular, adjourned or special session ...
- Section 12-2-35 Notification of Chief Justice by judge or district attorney unable to attend court; designation of judge or district attorney to attend and hold court
Whenever the judge or the district attorney of the court shall be unable to attend such court, he shall notify the Chief Justice, and ...
- Section 12-2-36 Ordering of judges to attend and hold court, etc., in other circuits
Whenever the public good requires more judges than are regularly provided by law for the holding or attending the courts in any circuit of ...
- Section 12-2-37 Forfeiture by judge failing to order or attend special session of court, etc
For any failure of a judge to order such special session of court or to attend any such court after having called the same ...
- Section 12-2-38 Forfeiture by district attorney failing to perform duties required by Sections 12-2-34 and 12-2-35
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 ...
- Article 3 Supernumerary Justices.
- Section 12-2-50 Continuation of laws concerning duties, benefits, etc
All laws dealing with the eligibility of members of the Supreme Court to assume duties and obligations, and to claim and receive benefits, as ...
- Article 4 Law Clerks.
- Section 12-2-70 Appointment
The Chief Justice and each associate justice of the Supreme Court are hereby authorized to appoint one law clerk to assist the appointing justice ...
- Section 12-2-71 Clerks to serve appointing justices; dismissal of clerks and appointment of successors
Each law clerk so appointed shall serve as the law clerk for the Chief Justice or the associate justice appointing him and may be ...
- Section 12-2-72 Salaries
The salary of each such law clerk shall not be in excess of the amount paid under the merit system classification to attorney I, ...
- Article 5 Clerks of Court.
- Division 1 Clerk.
- Section 12-2-90 Appointment and removal of clerk
A Clerk of the Supreme Court shall be appointed by the justices and shall be removable at any time for cause, to be determined ...
- Section 12-2-91 Bond generally
Before entering upon the duties of his office, the Clerk of the Supreme Court shall execute to the State of Alabama a bond, to ...
- Section 12-2-92 When additional bond required; effect of failure to give additional bond
The clerk must give additional bond, on the requisition of the Chief Justice, whenever the public interest requires; and, upon his failure so to ...
- Section 12-2-93 Salary
The salary of the Clerk of the Supreme Court of Alabama shall be fixed under the provisions of the merit system at the maximum ...
- Section 12-2-94 Confidential assistant
The Clerk of the Supreme Court may appoint a confidential assistant who shall perform such duties as may be required and who shall be ...
- Section 12-2-95 Employment of additional help
The Clerk of the Supreme Court is authorized to appoint and employ such additional help as may be required by him to operate the ...
- Section 12-2-96 Office and office hours
The Clerk of the Supreme Court must keep his office in the judicial building open for the transaction of business on every day except ...
- Section 12-2-97 Powers and duties generally
The clerk shall have authority and it shall be his duty: (1) To administer oaths and take affidavits; (2) To issue and sign all ...
- Section 12-2-98 Payment of costs for preserving records
The cost of preserving records according to the provisions of this division shall be paid out of the treasury as accounts for printing and ...
- Section 12-2-99 Furnishing of record books, blanks and stationery
The record books, blanks and stationery necessary to the office shall be furnished to the clerk in like manner as they are furnished to ...
- Section 12-2-100 Collection and disposition of fees and costs of clerk; quarterly statement to department of finance of fees paid into treasury
All fees and costs authorized by law and the Alabama Rules of Appellate Procedure to be taxed and collected as cost for or fees ...
- Division 2 Deputy Clerk.
- Section 12-2-110 Office created; appointment and removal of deputy clerk
The office of deputy clerk of the Supreme Court of Alabama is hereby created. Such deputy clerk shall be appointed by the justices of ...
- Section 12-2-111 Salary
The salary of the deputy clerk shall be fixed under the provisions of the merit system as attorney III and shall be payable out ...
- Section 12-2-112 Powers and duties
The duties and authority of such deputy clerk shall be prescribed by the rules of the Supreme Court. ...
- Article 6 Secretaries.
- Section 12-2-130 Confidential secretary of Chief Justice
The Chief Justice shall have a confidential secretary who shall perform such duties as may be required by him and who shall be appointed ...
- Section 12-2-131 Confidential secretaries for associate justices and supernumerary justices - Appointment, compensation, etc
Each associate justice of the Supreme Court and each supernumerary justice of said court, while serving at the request of the Governor or Chief ...
- Section 12-2-132 Confidential secretaries for associate justices and supernumerary justices - Duties
The secretaries shall perform such duties as may be prescribed by the justices. ...
- Article 7 Marshal and Librarian.
- Section 12-2-157 Library fund
The library fund of the Supreme Court and state law library shall consist of funds appropriated by the Legislature, fees collected under the provision ...
- Section 12-2-159 Library tax
For the maintenance of the supreme court library there shall be taxed in each civil case decided by the Supreme Court or the courts ...
- Section 12-2-160 Justices to make rules for preservation and protection of libraries
The justices of the Supreme Court must make such rules as they deem necessary for the preservation and protection of the libraries. ...
