§ 12-17-251 — Magistrates Deemed Chief Officers of Agency; Appointment and Powers of Magistrates

Alabama § 12-17-251

• Jurisdiction: Alabama
• Title 12: Courts
• Ch. 17: Circuit and District Court Personnel
• Art. 8: District Court Administrative Agency, Magistrates, and Supernumerarymagistrates
• Div. 1: District Court Administrative Agency and Magistrates

Text

(a) The magistrates shall be considered the chief officers of such administrative agency, subject to the administrative direction of the clerk of the district court.
(b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates by class or position. In addition thereto, the Supreme Court may provide for the appointment of other magistrates by the Administrative Director of Courts, upon recommendation and nomination by the judge or judges and the clerk of the district court under whom such magistrates are to serve.
(c) The powers of a magistrate shall be limited to:
(1) Issuance of arrest warrants and, where such magistrate is licensed to practice law in Alabama or was serving as a full-time magistrate or warrant clerk on September 1, 1976, and who continued in such capacity as a merit system employee in the district court, search warrants;
(2) Granting of bail in minor misdemeanor prosecutions;
(3) Receiving of pleas of guilty in minor misdemeanors where a schedule of fines has been prescribed by rule; and
(4) Such other authority as may be granted by law.

Legislative History

(Acts 1975, No. 1205, p. 2384, §4-106; Acts 1977, No. 551, p. 740; Acts 1980, No. 80-765, p. 1594.)