Ala. Code § 12-1-41
This is the official text of Ala. Code § 12-1-41, part of Alabama’s Code — part of the compiled statutory law of Alabama, published by the state as "Code." Browse the sections below, each linked to its official government source.
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Section 12-1-41 Appointment of Visiting Judges; Powers; Compensation; Speedy Trial Fund
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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