[Ord. No. 787, 11-7-1977]
There is hereby established effective December 27, 1977, a Municipal Court for the City of Albertville, Alabama, pursuant to the provisions of Act 1205, 1975, Regular Session of the Alabama Legislature.[2]
[Ord. No. 787, 11-7-1977]
The Municipal Court of the City of Albertville, Alabama, shall have jurisdiction of all prosecutions for the breach of ordinances of the municipality within its corporate limits and police jurisdiction. This jurisdiction shall also extend to all prosecutions for violations of state misdemeanors committed within the corporate limits and police jurisdiction of the municipality where such offenses have been made offenses against the municipality.
[Ord. No. 787, 11-7-1977]
The Municipal Court of the City of Albertville, Alabama, shall hold court at such time and place as the governing body may determine with the advice of the Municipal Judge.
[Ord. No. 787, 11-7-1977]
(a)
The Municipal Court shall consist of one Municipal Judge to be appointed by a vote of a majority of the members elected to the City Council. The Judge shall be appointed for a term of two years. The Municipal Judge shall be eligible for reappointment upon the expiration of his or her term. He or she shall hold office until his or her successor is appointed and qualified.
(b)
The Municipal Judge must be licensed to practice law in the State of Alabama and must be a qualified elector of the State of Alabama. No judge shall be otherwise employed in any capacity by the municipality during his or her term of office.
(c)
The office of the Municipal Judge shall be vacant if he or she dies, resigns, or is removed and vacancies shall be filled by the City Council in the same manner as original appointments are made. Any person so appointed shall be eligible to serve two years from the date of appointment.
(d)
The Municipal Judge shall, before assuming office, take and sign the oath provided by the Constitution and a copy thereof shall be filed in the office of the Secretary of State, the Administrative Director of Courts and the Clerk of the municipality.
(e)
The Municipal Judge shall be subject to all grounds of disqualification from hearing specific cases applicable to Circuit Court judges.
[Ord. No. 787, 11-7-1977]
The annual salary of the Municipal Judge of the City of Albertville, Alabama, shall be set by the City Council at the beginning of each two-year term and shall be payable in equal monthly installments; this salary shall not be diminished during the Judge's term of office.
[Ord. No. 787, 11-7-1977; Ord. No. 2040-26, 6-2-2026]
(a)
The Municipal Judge shall have the power to admit to bail any person charged with the violation of any municipal ordinance by requiring an appearance bond, with good security, to be approved by the Municipal Judge or his or her designee in an amount not to exceed $1,000, and may, in his or her discretion, admit to bail such persons on a personal recognizance bond conditioned on the appearance of such persons before him or her on a day named therein to answer the charges preferred against them. The Municipal Judge may waive an appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to make bond.
(b)
The Municipal Judge shall have the authority to punish any person convicted of violating any municipal ordinance with a fine of not more than $500 and/or a sentence of imprisonment for a period not exceeding six months; provided, however, that no fine or sentence of imprisonment shall exceed the maximum fine or sentence provided by the City ordinance violated nor shall the fine or sentence exceed the maximum fine and sentence provided for violation of a substantially similar offense under state law. The penalty imposed on a corporation shall consist of the fine only, plus costs of court.
(c)
The Municipal Judge in his or her judgment may provide that if a fine and costs are not paid within the time prescribed, the defendant, unless indigent, shall work out the amount of the judgment under the direction of the municipal authority, allowing not less than $10 for each day's service.
(d)
Upon each conviction in Municipal Court for a violation of any ordinance of the City of Albertville, Alabama, there shall be taxed against the defendant as court costs the sum of $10 and there shall also be taxed as costs the additional costs and fees imposed by the statutes of the State of Alabama, and the latter such costs and fees shall be remitted pursuant to the said statutes. All costs taxed for the City, as hereinabove provided, shall be paid into the City treasury.
(e)
Upon conviction and upon a showing of inability to make immediate payment of fines and costs, the Court may deem such fines and costs to be payable within 90 days.
(f)
The Municipal Judge shall have the authority to continue the case from time to time to permit the fine and costs to be paid, remit fines, costs and fees, impose intermittent sentences, establish work release programs, require attendance of educational, corrective or rehabilitative programs, suspend driving privileges for such times and under such conditions as provided by law and order hearings to determine the competency of the defendant to stand trial; provided, further, that the judge may enter an order authorizing the defendant to drive under the conditions set forth in the order.
(g)
All cases in Municipal Court shall be tried by a Municipal Judge without a jury.
(h)
The Municipal Judge may suspend execution of sentence and place a defendant on probation for varying periods of time, not to exceed two years, under the procedures and conditions set out in Section 8-104(f) of Act 1205, 1975 Regular Session.
(i)
The Municipal Judge may administer oaths, compel the attendance of witnesses and compel the production of books and papers; punish, by fine not exceeding $50 and/or imprisonment not exceeding five days, any person found and adjudged to be in contempt of court; and shall have power coextensive with the jurisdiction of the District Court to issue writs and other process, and to approve and declare bonds forfeited. The Municipal Judge shall designate any other municipal officers who shall be authorized to approve appearance and appeal bonds.
(j)
The Municipal Court shall take judicial notice of the ordinances of the municipality.
(k)
The Sheriff of the county and all law enforcement officers of the municipality shall obey the Municipal Judge having legal authority in faithfully executing the warrants and processes committed to them for service according to their mandates.
[Ord. No. 787, 11-7-1977]
The Mayor may remit fines and such costs as payable to the municipality and commute sentences imposed by municipal judges or the court to which an appeal was taken for violation of municipal ordinances, and may grant pardons, after conviction, for violation of such ordinances, and he or she shall report his or her action to the Council at the first regular meeting thereof in the succeeding month with his or her reasons therefor in writing.
[Ord. No. 787, 11-7-1977; Ord. No. 2040-26, 6-2-2026]
(a)
All appeals from judgments of the Municipal Court shall be to the Circuit Court of the circuit in which the violation occurred for trial de novo.
(b)
The municipality may appeal within 60 days, without bond, from a judgment of the Municipal Court holding a municipal ordinance invalid.
(c)
A defendant may appeal in any case within 14 days from the entry of judgment by filing notice of appeal and giving bond, with or without surety, approved by the Court or the Clerk in an amount not more than twice the amount of the fine and costs, as fixed by the Court, or in the event no fine is levied the bond shall be in an amount not to exceed $1,000, as fixed by the Court, conditioned upon the defendant's appearance before the Circuit Court. The Municipal Court may waive appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to provide a surety bond. If an appeal bond is waived, a defendant sentenced to imprisonment shall not be released from custody, but may obtain release at any time by filing a bond approved by the Municipal Court. If the defendant is not released, the prosecutor shall notify the Circuit Court Clerk and the case shall be set for trial at the earliest practicable time.
(d)
When an appeal has been taken, the municipality shall file the notice and other documents in the Court to which the appeal is taken within 15 days, failing which the municipality shall be deemed to have abandoned the prosecution, the defendant shall stand discharged and the bond shall be automatically terminated.
(e)
Upon trial or plea of guilty in the Circuit Court on appeal, the Court may impose any penalty or sentence which the Municipal Court might have imposed.
(f)
Upon failure of an appellant to appear in the Circuit Court when the case is called for trial, unless good cause for such default is shown, the Court shall dismiss the appeal and, upon the expiration of 30 days from such date, unless the dismissal is set aside, the Circuit Clerk shall return the file, with a copy of the order of dismissal, to the clerk of the court from which the appeal was taken and the judge of such court may enter judgment of default on the appeal bond by utilizing the procedures set forth in Alabama Code § 15-13-81. The Circuit Court may, on motion of the defendant made within 30 days of the order of dismissal, set aside the dismissal and other orders and reinstate the appeal on such terms as the Court may prescribe, for good cause shown by the defendant.
(g)
Upon receipt of notice of dismissal of an appeal, the Municipal Court may issue a warrant for arrest of the defendant, who may also be arrested without a warrant as an escapee. Upon arrest, the defendant shall be delivered to the municipal authorities and punished in accordance with the judgment of the Municipal Court.
(h)
If a judgment is entered against a defendant upon appeal, the Circuit Court shall remand the defendant to the municipal authorities for punishment in accordance with the judgment of the Circuit Court, unless, when the judgment is for fine and costs only, the judgment is paid or a judgment is conferred therefor in favor of the municipality with sureties or as otherwise provided for convictions under state law.
(i)
Upon receipt of payment of fines and costs upon appeals, the Clerk of the Circuit Court shall, within 30 days, pay 90% of such fines and forfeitures and 10% of the costs to the Treasurer of the municipality. The Circuit Clerk shall be liable on his or her bond for such fines and costs plus a penalty of 5% per month for default in such payments.
(j)
From the judgment of the Circuit Court, the municipality, in a case holding invalid an ordinance, or the defendant in any case, may appeal to the Court of Criminal Appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the municipality, it shall not be required to give surety for the costs of the appeal. When taken by the defendant, he or she may give bail with sufficient sureties, conditioned that he or she will appear and abide by the judgment of the appellate court, and failing to give bail he or she must be committed to the municipal jail, but he or she may give such bail at any time pending the appeal. When an appeal is taken by the defendant and bail is given pending the appeal, and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself or herself to the municipal authority within 15 days from the date of such affirmance or dismissal, and if he or she shall fail to do so, the Clerk of the Circuit Court from which the appeal is taken, upon motion of the municipality, must endorse the bail bond forfeited, and a writ or writs of arrest must be issued by the Clerk to the Sheriff. Upon arrest, the defendant shall be delivered to the municipal authorities and the sentence must, without delay, be carried out as if no appeal has been taken. If bail is forfeited as herein provided, a conditional judgment must be rendered by the Court in favor of the municipality and the same proceedings had thereon for the municipality as are authorized by law to be had in the name of the state in state cases.
[Ord. No. 787, 11-7-1977]
The Municipal Judge is authorized to issue arrest and search warrants upon affidavit for municipal ordinance violations returnable to the Municipal Court and for violation of state law returnable to any state court.
[Ord. No. 787, 11-7-1977; Ord. No. 2040-26, 6-2-2026]
The Municipal Judge shall take steps to have a Magistrate appointed for the City of Albertville, Alabama, pursuant to Rule 18 of the Alabama Rules of Judicial Administration. The powers of the Magistrate shall be limited as provided in Alabama Code § 12-14-51(c).
[Ord. No. 787, 11-7-1977]
In the event of the absence from the City, death, disability, or disqualification of a Municipal Judge, for any reason, the Mayor of the municipality shall have the authority to designate a person, licensed to practice law in the state and a qualified elector of the state, not otherwise employed in any capacity by the municipality, to serve as Acting Municipal Judge with all power and authority of a duly appointed municipal judge. No such acting judge may serve for more than 30 successive days or a total of 60 days in any calendar year, provided that when the duly appointed Municipal Judge is disqualified pursuant to the Constitution, the time of service limitations for acting judges shall not apply during such disqualification.
[Ord. No. 176-95, 7-31-1995]
(a)
Court costs for municipal traffic cases are hereby set at $68 subject to Subsection (c) of this section.
(b)
Court costs for non-traffic cases are hereby set at $81 subject to Subsection (c) of this section.
(c)
After September 1, 1995, any increase in Municipal Court costs, either traffic or non-traffic cases, mandated by the State of Alabama or any increase in District Court costs, either traffic or misdemeanor court costs, shall cause the Albertville Municipal Court costs to increase by the same dollar amount.
[Ord. No. 1435-15, 8-3-2015]
(a)
Establishment of a pretrial diversion program. Pursuant to Act No. 2013-353,[1] a pretrial diversion ("PTD") program is established in the Municipal Court of the City. The pretrial diversion program shall be under the direct supervision and control of the presiding Municipal Court Judge in accordance with the provisions of this Act. Participation in the PTD program by the offender shall be voluntary. Admittance to the PTD program shall be at the sole discretion of the Court and only upon recommendation by the Municipal Prosecutor. Upon admittance to the program, the offender shall be required to enter a plea of guilty at which time the case shall be placed on an administrative docket until the offender has completed all requirements of the PTD program. Imposition of any sentence shall be deferred until the offender completes the PTD program or is terminated from the program. In the event the offender does not satisfactorily complete the program and all terms, the Court shall impose an appropriate sentence in the same manner as with any guilty plea. Upon successful completion of the program and all terms, the Court shall dismiss the case pursuant to the rules established by the Court.
[1]
Editor's Note: See Alabama Code § 12-14-90 et seq.
(b)
Fees.
(1)
The offender shall be assessed a nonrefundable application fee in the amount of $50 when the offender makes application for admittance to the PTD program.
(2)
The offender shall be assessed a nonrefundable administration fee when the offender is admitted to the PTD program. The amount of the assessment for participation in the PTD program shall be in addition to the application fee, any court costs, bonding fee, assessments for the crime victims' compensation fund, Department of Forensic Science assessment, drug, alcohol or anger management treatment and counseling required by law or ordered by the Court and any costs of supervision, treatment and restitution for which the offender may be responsible. An applicant may not be denied admission to the PTD program based solely on his or her inability to pay. Pretrial diversion fees as established in this section may be waived or reduced for just cause including indigency of the applicant at the discretion of the Court. The following administration fees shall be assessed to offenders accepted into the PTD program:
(3)
Additionally, an offender shall pay to the probation services officer a monthly fee for supervision of the case. Supervision fees may be waived or reduced for just cause, including indigency of the offender, at the discretion of the Court.
(c)
Rules, regulations and policies. The presiding Municipal Court Judge, acting in consultation with the Municipal Prosecutor, shall have the power to make such rules, regulations, and policies not inconsistent with state laws and City ordinances for the implementation and conducting of the PTD program. The permanent rules, regulations, policies, procedures, and guidelines adopted pursuant to this section shall be available for public inspection at all reasonable times at the office of the Municipal Court Clerk.
(d)
Liability.
(1)
Absent wantonness, gross negligence, or intentional misconduct, the municipality, or its officers, judges, prosecutors, or its employees, shall have no liability, criminal or civil, for the conduct of any offender while participating in the PTD program established under this section or any service provider or its agents that are contracted to or who have agreed to provide services to the PTD program.
(2)
The municipality or its officers, judges, prosecutors, or its employees shall have no liability, criminal or civil, for any injury to or harm to the offender while the offender is a participant in the PTD program administered pursuant to this section. The Municipal Prosecutor may require written agreed upon waivers of liability as a prerequisite for admittance into the PTD program.