Section 12-17-180 When elected; term of office. 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 […]
Section 12-17-181 Filling of vacancies. 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 […]
Section 12-17-182 Compensation. (a)(1) Subject to subdivision (2), 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 […]
Section 12-17-183 Residence; vacation of office for nonresidency. 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 […]
Section 12-17-184 Powers and duties generally. 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 […]
Section 12-17-185 Duty to attend court. (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 […]
Section 12-17-186 Appointment of attorney to act for district attorney when office vacant, district attorney disqualified, etc. (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 […]
Section 12-17-187 Failure to collect amounts due to county from public officers. Repealed by Acts 1977, No. 607, p. 812, § 9901, as amended, effective January 1, 1980.
Section 12-17-188 Suspension from office – Indictment pending. 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 […]
Section 12-17-189 Suspension from office – Appointment and compensation of district attorney pro tem. 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 […]
Section 12-17-190 Suspension from office – When order of suspension set aside. 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 […]
Section 12-17-191 Allowance for attendance outside home county. 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., […]
Section 12-17-192 Additional allowance in circuits having four or more counties. 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 […]
Section 12-17-193 Fees of district attorneys to be paid into State Treasury. 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, […]
Section 12-17-194 Commencing prosecution on own affidavit. 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 […]
Section 12-17-195 Assistant district attorneys representing defendants charged with criminal offenses. 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 […]
Section 12-17-196 Restrictions on law partners defending criminal cases. 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 […]
Section 12-17-197 District attorney’s fund. (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 […]
Section 12-17-198 Appointment, number and compensation of assistant district attorneys. (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 […]
Section 12-17-199 Entitlement of elected assistant district attorneys to entitlements in article. 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.)
