§ 10-7. Magistrates.  


Latest version.
  • The city shall appoint one or more magistrates for the city pursuant to Rule 18 of the Alabama Rules of Judicial Administration. The powers of the magistrate shall be limited to:

    (1)

    Issuance of arrest warrants.

    (2)

    Granting of bail under the direction of the court in minor misdemeanor prosecutions.

    (3)

    Receiving of pleas of guilty in minor misdemeanors where a schedule of fines has been adopted by the council.

    (4)

    Accountability to the court for all uniform traffic tickets and complaints, moneys received and records of offenses.

    (5)

    Accepting and screening affidavits of substantial hardship upon a municipal judge's approval and, if authorized by court order, assigning attorneys on a rotating basis from a list approved by the court.

    (6)

    Conducting arraignments and setting nonguilty pleas for trial, upon a municipal judge's approval.

    (7)

    Opening court and calling the docket, upon a municipal judge's approval.

    (8)

    Granting continuances in municipal ordinance violation cases, upon a municipal judge's approval.

    (9)

    Dismissing no driver's license violations pursuant to Section 32-6-9 of the Code of Alabama where the defendant shows proof of a driver's license at the time the citation was written.

    (10)

    Dismissing mandatory liability insurance violations pursuant to Code of Ala., § 32-7A-20, where the defendant has produced satisfactory evidence that at the time of the citation the motor vehicle was covered by a liability insurance policy in accordance with Code of Ala., § 32-7A-4.

    (11)

    Dismissing equipment violations where a municipal ordinance allows and where the law enforcement officer signs the Uniform Traffic Ticket and Complaint (UTTC) verifying that the equipment has been replaced.

    (12)

    Any other authority as may be granted by law.

(Ord. No. 95-1392, 10-16-95; Ord. No. 16-2298, § 3, 3-21-16)