(a)

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Terms Used In Alabama Code 45-48-80.04

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Docket: A log containing brief entries of court proceedings.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(1) In Marshall County, in order to provide a special fund for the creation and maintenance of the law library, for the improvement of judicial technology, and for judicial administration, there is established the Marshall County Law Library, Judicial Technology, and Judicial Administration Fund.
(2) In addition to any other fees paid, including, but not limited to, those paid pursuant to Section 11-25-9, there shall be taxed as additional court costs the sum of ten dollars ($10) in each case in the circuit court or district court in the county, including the juvenile, family, and small claims court. The costs shall be collected as other costs are collected by the clerk of the court and shall be disbursed by the clerk to a special fund to be designated as the Marshall County Law Library, Judicial Technology, and Judicial Administration Fund to be maintained in a Federal Deposit Insurance Corporation (FDIC) insured financial institution designated by the presiding circuit judge.
(3) The Marshall County Law Library, Judicial Technology, and Judicial Administration Fund shall be expended by the presiding circuit judge of the circuit court of Marshall County to establish and maintain the law library, procure technology and data backup, and otherwise provide for more effective administration of justice and efficient operation of the courts through expenditures for equipment, training, personnel, and other court related needs as provided in Section 11-25-13.
(4) The management of the law library shall be vested in the presiding judge of the circuit court. All books, periodicals, reports, and other property purchased with the funds provided by this section shall be the property of Marshall County. The presiding circuit judge, from time to time, may sell or exchange the books, reports, periodicals, and other personal property as may be necessary to keep the library up to date and apply the proceeds of the sale thereof or the value thereof upon the purchase of other books, reports, periodicals, and personal property for use in the library. The presiding circuit judge may designate another judge or any other suitable person to operate or assist in the operation of the library.
(5) The fund established by this subsection shall be audited in the same manner as other county funds are audited.
(6) Any court costs for the law library purposes in the county assessed and paid pursuant to any local act are superseded by this subsection.
(7) Any funds in the existing Marshall County Law Library, Judicial Technology, and Judicial Administration Fund held by the county shall be transferred to the Marshall County Law Library, Judicial Technology, and Judicial Administration Fund established in this subsection and shall be expended as provided in this subsection.
(b)

(1) In Marshall County, the Presiding Circuit Judge’s Judicial Administration Fund provided for in Section docket fees” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”AL” title=”12″>12-19-310(d), is reestablished as provided in this subsection for the purpose of supporting the efficient operation of local courts and for the promotion of the administration of justice.
(2) After July 1, 2021, the docket fees assessed and collected by the court clerks within Marshall County and disbursed to the Presiding Circuit Judge’s Judicial Administration Fund as it existed on July 1, 2021, shall be disbursed by the court clerks on a monthly basis as other costs and fees are distributed to a special fund reestablished and designated as the Presiding Circuit Judge’s Judicial Administration Fund. The fund shall be maintained in a Federal Deposit Insurance Corporation (FDIC) insured financial institution designated by the presiding circuit judge. Funds distributed pursuant to this subdivision shall not reduce any amounts payable under the jurisdiction of the presiding circuit judge 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.
(3) The Presiding Circuit Judge’s Judicial Administrative Fund shall be expended by the presiding circuit judge of the Circuit Court of Marshall County to support 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 determined necessary by the presiding circuit judge, including, but not limited to, those provided in Section 11-25-13.
(4) The fund established in this subsection shall be audited in the same manner as other state funds are audited.
(5) Any fees provided prior to July 1, 2021, for the purpose of funding the Presiding Circuit Judge’s Judicial Administration Fund in the county are continued and shall be distributed to the Presiding Judge’s Judicial Administration Fund as provided by this section.
(6) Any funds in the existing Presiding Circuit Judge’s Judicial Administration Fund held by the county shall be transferred to the Presiding Circuit Judge’s Judicial Administration Fund as reestablished in this section and shall be expended as provided in this section.
(c)

(1) Funds in the Law Library, Judicial Technology, and Judicial Administration Fund and the Presiding Circuit Judge’s Judicial Administration Fund shall be held in a Federal Deposit Insurance Corporation (FDIC) insured financial institution designated by the presiding circuit judge. Any earnings from the funds may be expended as provided in this section
(2) Requests for expenditures from the Law Library, Judicial Technology, and Judicial Administration Fund or the Presiding Circuit Judge’s Judicial Administration Fund shall be made in writing and submitted to the presiding circuit judge.
(3) Expenditures from the Law Library, Judicial Technology, and Judicial Administration Fund and the Presiding Circuit Judge’s Judicial Administration Fund shall be negotiable instruments signed by the presiding circuit judge and one of the other judges of the 27th Judicial Circuit.
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