(a) In the Tenth Judicial Circuit of Alabama, Birmingham Division, the district attorney of the circuit may appoint 43 deputy district attorneys. The deputy district attorneys appointed pursuant to this section shall be qualified to practice law in the courts of this state and shall serve at the pleasure of the appointing district attorney. The deputy district attorneys shall be state officers and shall perform the duties in the circuit as the district attorney may require.

Terms Used In Alabama Code 45-37-82.20

  • circuit: means judicial circuit. See Alabama Code 30-3D-608
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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 30-3D-608
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 30-3D-608

(b) The district attorney may designate one deputy district attorney to serve as chief deputy district attorney, seven deputy district attorneys to serve as Level I deputy district attorneys, 15 deputy district attorneys to serve as Level II deputy district attorneys, and 20 deputy district attorneys to serve as Level III deputy district attorneys.

(c) The total annual compensation to be received by each deputy district attorney shall be computed by the use of levels and steps. Levels shall refer to the amount of legal experience which each deputy district attorney had at the time of appointment to the office. It is intended to entitle an attorney with applicable legal experience to commence the office at a higher rate of pay than one who has less applicable legal experience. Steps shall refer to the amount of time that the deputy district attorney has served in the office as deputy district attorney or the length of time that the officer shall continue. It is intended by this provision to allow periodic increases to pay as incentive for the officer to continue to serve in the office; however, the district attorney shall have the authority to designate the level and step, at the time of appointment, of any appointed deputy district attorneys authorized by this section.

(d)(1) The annual compensation to be paid the chief deputy district attorney, and each of the deputy district attorneys shall be as provided in the schedule of salaries hereinbelow set out. Of the total annual compensation to be paid each of the deputy district attorneys, each shall be paid an annual salary by the State of Alabama of sixteen thousand six hundred ninety-five dollars ($16,695) payable from the general funds of the state in equal installments as the salaries of other state officers are paid, which amount reflects cost-of-living increases provided to the deputy district attorneys covered by this section as adjusted by Act 87-720. The annual salary paid by the state shall be increased to include any cost-of-living salary increases granted by an act of the Legislature after October 1, 2007. The remainder of the annual compensation as provided in the schedule of salaries hereinbelow set out, of each of the deputy district attorneys, shall be paid by the county within the Tenth Judicial Circuit which sum shall be paid from the general funds of the county, in equal semimonthly installments as the salaries of other county officers are paid.

(2) Within 12 months of October 1, 2007, all deputy district attorneys currently employed on October 1, 2007 shall have the option of having the county portion of their salary and benefits paid through the state. Upon written request by the individual deputy district attorney, the county within the Tenth Judicial Circuit shall forward the county portion of the requesting deputy district attorneys’ salaries and benefits to the Office of Prosecution Services. The funds shall be forwarded quarterly, in advance, no later than the first Thursday of the months of January, April, July, and October of each year. The Office of Prosecution Services shall deposit the funds into the state account for the benefit of the District Attorney’s Office for the Tenth Judicial Circuit, Birmingham Division. All deputy district attorneys hired after October 1, 2007, shall be required to execute the aforementioned request to have the county forward the county portion of his or her salary and benefits to the state to be paid through the Office of Prosecution Services.

(e) The deputy district attorneys appointed by the district attorney to serve in the positions identified in subsection (b) shall be compensated at the rate consistent with their appointment in accordance with the schedule of salaries set out by subsection (f). Thereafter, increases in compensation for each deputy district attorney may be made annually within the grade scale set out in the schedule of salaries in subsection (f), provided the performance of the deputy district attorney has been satisfactory to the district attorney. The district attorney shall also have the authority to assign any of the deputy district attorneys to the Level I, Level II, and Level III positions as the district attorney deems appropriate, within the limitations of subsection (b).

(f) The schedule of salaries, referred to below, consisting of levels and steps, shall be as follows:

Attorneys Chief Level I Level II Level III
Step 1 103,000 78,000 57,500 38,000
Step 2 105,000 80,000 59,000 39,500
Step 3 107,000 82,000 60,500 41,000
Step 4 109,000 84,000 62,000 42,500
Step 5 111,000 86,000 63,500 44,000
Step 6 113,000 88,000 65,000 45,500
Step 7 115,000 90,000 66,500 47,000
Step 8 117,000 92,000 68,000 48,500
Step 9 119,000 94,000 69,500 50,000
Step 10 121,000 96,000 71,000 51,500
Step 11 123,000 98,000 72,500 53,000
Step 12 125,000 100,000 74,000 54,500

(g) The compensation provided by this section shall become effective on October 1, 1997. The county governing body of the county or counties within the Tenth Judicial Circuit may increase the compensation payable by the county or counties within the Tenth Judicial Circuit as provided in the schedule of salaries at any time by resolution of the governing body. Upon passage of the resolution, the additional compensation shall be paid from the general funds of the county in biweekly installments as the salaries of other county officers are paid.

(Acts 1975, No. 523, p. 1174, §§1-11; Act 87-720, p. 1410, §1; Act 90-176, p. 196, §1; Act 90-542, p. 846, §1; Act 93-567, p. 946, §1; Act 97-403, p. 658, §§1-7; Act 2000-618, p. 1258, §1; Act 2007-303, p. 552, §1.)