HB269 Alabama 2011 Session

Summary

Primary Sponsor

Mike Hill

Republican

Co-Sponsor

Mac McCutcheon

Session

Regular Session 2011

Title

Solicitor's fee, distrib. of portion to municipal court clerk in certain cases; to provide for a solicitor's fee in civil cases in circuit and district courts, distrib. to circuit clerk and district attorney, Sec. 12-19-182 am'd.; Act 2010-438, 2010 Reg. Sess. am'd.

Summary

HB269 changes how solicitor's fees are collected and distributed in Alabama courts by shifting the circuit-clerk portion in municipal court criminal cases to municipal clerks and by creating a civil-case solicitor's fee with its own distribution.

What This Bill Does

First, for criminal cases that originate in municipal court, the portion of the solicitor's fee that funds the circuit clerk would instead go to the municipal court clerk. Second, in civil cases in the circuit and district courts, a solicitor's fee would be collected with the fee amount equal to the civil docket fee and distributed so that $3 goes to the circuit clerk's fund and the rest goes to the solicitor's fund or the district attorney's fund. Third, the civil solicitor's fee amount is equal to the civil docket fee that is normally distributed to the Fair Trial Tax Fund. Finally, the act specifies how these fees are collected and distributed and states the civil-fee collection does not affect existing criminal-fee collection under local law; the act would take effect on the first day of the third month after passage.

Who It Affects

• Municipal court clerks — would receive the portion of the solicitor's fee that funds the circuit clerk in criminal cases when the case originates in municipal court.
• Circuit clerks — would generally receive a per-case solicitor's fee in criminal cases, but for municipal-origin criminal cases this portion would be redirected to municipal court clerks.
• District attorneys — would receive the remainder of solicitor's fees in criminal cases and would also be affected by the new civil-case solicitor's fee distribution.
• Civil litigants in circuit and district courts — a new solicitor's fee would be charged in civil cases, equal to the civil docket fee, with part of the fee going to the circuit clerk's fund and the rest to solicitor's or district attorney's funds.

Key Provisions

• Criminal cases originating in municipal court: the solicitor's fee portion allocated for the circuit clerk would be paid to the municipal court clerk instead.
• Civil cases in district and circuit courts: a solicitor's fee would be collected equal to the civil docket fee, with $3 per case going to the circuit clerk's fund and the remainder going to the solicitor's fund or district attorney's fund.
• Civil solicitor's fee amount: the fee in civil cases shall equal the civil docket fee that is assessed and normally distributed to the Fair Trial Tax Fund.
• Relation to existing criminal-fee collection: civil-fee collection operates alongside, and does not affect, the collection of solicitor's fees under local criminal-law rules.
• Effective date: the act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Solicitor's Fees