Powers and duties generally.
It is the duty of every district attorney and assistant district
attorney, within the circuit, county, or other territory for which he
or she is elected or appointed:
(1) To attend on the grand juries, advise them in relation to matters
of law, and examine and swear witnesses before them.
(2) To draw up all indictments and to prosecute all indictable offenses.
(3) To prosecute and defend any civil action in the circuit court in
the prosecution or defense of which the state is interested.
(4) To inquire whether registers have performed the duty required of
them by Section 12-17-117 and shall, in every case of failure, move
against the register as provided by subsection (b) of Section 12-17-114.
(5) If a criminal prosecution is removed from a court of his or her
circuit, county, or division of a county to a court of the United
States, to appear in that court and represent the state; and, if
it is impracticable, consistent with his or her other duties, to attend
that court, he or she may designate and appoint an attorney practicing
therein to appear for and represent the state.
(6) To attend each special session of the circuit court held for the
trial of persons charged with criminal offenses; and on failure
to do so, a conditional judgment may be rendered against him or her for
fifty dollars ($50), to be made permanent on notice at the next session
thereafter unless a good excuse is rendered.
(7) To perform other duties and exercise other powers as are or may be
required by law.
(8) To give every county official an opinion in writing on all matters
connected with their respective offices, except in civil actions
against official bonds. But county commissions may retain or
employ attorneys when it is deemed advisable or necessary, and the
agreed compensation to them may be paid as are claims to grand and
(9) To, whenever requested to do so by the Governor of Alabama or by
the Board of Pardons and Paroles, make a full and thorough
investigation in each case arising in their circuit, county, or
division of a county, and fully report their findings, with
recommendations that pardon or parole be granted or refused, and they
shall assign fully and in detail their reasons for the
recommendations. They shall advise any parole officer who may
have jurisdiction in their respective circuits, county, or division of
a county and shall, when called upon by parole officer, make a full,
thorough, and impartial investigation of each case being investigated
and give all information possible with reference to such case and shall
advise him or her upon his or her request with reference to the law and
procedure on all matters pertaining to the office of the parole
officer. They shall, whenever called upon by the Governor or the
Board of Pardons and Paroles, go to Montgomery or to any other place
where a case with which they are familiar is being investigated and
appear specially before the Governor or before the Board of Pardons and
Paroles. They shall cooperate fully with the Governor and with
the Board of Pardons and Paroles with reference to any cases which have
arisen in their respective circuits, counties, or division of a county
and shall render all assistance possible in furnishing information
needed by the Governor or the Board of Pardons and Paroles, furnishing
any information and making any investigation which may be needed in the
proper handling of such pardon or parole and the investigation thereof.
(10) To go to any place in the State of Alabama and prosecute any case
or cases, or work with any grand jury, when called upon to do so by the
Attorney General or the Governor of the State of Alabama, and to attend
sessions of courts and transact all of the duties of the district
attorney in the courts whenever called upon by the Attorney General or
the Governor to do so.
(11) All district attorneys and all full-time assistant district
attorneys shall devote their entire time to the discharge of the duties
of their respective offices, and each and every one of the officers are
prohibited from practicing law, directly or indirectly, in any court of
this state or of the United States, or in any other manner or form
whatsoever, except in the discharge of the official duties of their
(12) To carefully read and check the record on appeal in all criminal
cases appealed from the circuit court of their judicial circuit to the
Court of Criminal Appeals or the Supreme Court of Alabama, and call to
the attention of the trial judge any errors or discrepancies that may
appear in the record.
(13) To, whenever requested by the Attorney General of the State of
Alabama, file memorandum briefs in all criminal cases appealed from the
circuit court of their judicial circuits to the Court of Criminal
Appeals or the Supreme Court of Alabama.
(14) To attend all hearings in their judicial circuits on any
application for probation and furnish the trial judge or the judge
hearing the application with all information in their possession
concerning the applicant for probation.
(15) To represent the board of registrars of the county or counties
comprising their judicial circuits in all civil actions for damages
that are filed against the boards of registrars arising out of the
performance of their official duties, in either the circuit court of
their judicial circuits or in the United States district courts.
(16) To attend all clemency hearings before the Governor of Alabama, in
all cases arising in their judicial circuits, and furnish to the
Governor, at those hearings, all pertinent information in their
possession concerning the applicant or applicants for clemency.
(17) To attend all hearings in their respective judicial circuits for
revocation of probation and furnish the trial judge, or the judge
hearing the revocation, with all information in their possession
concerning the case.
(18) To, at any time the grand jury is not in session, issue subpoenas
to persons to come before them, and they shall have power to administer
oaths to those persons and examine them as to any violation of the
criminal laws of the state.
(19) To make application to the courts to place witnesses in criminal
cases under bond for their appearance in court when they have
information that the witnesses are about to leave the state.
(20) To, when requested to do so, represent the chief of police of any
municipality in their respective judicial circuits in all habeas corpus
proceedings filed in the circuit courts of their respective judicial
(21) To, when requested to do so by the Attorney General, assist the
Attorney General in the prosecution of all impeachment proceedings
which it is his or her duty to institute before the Supreme Court of
Alabama involving any official or officials in their respective
(22) To report to the State Board of Medical Examiners the name and
address of any physician who is indicted or otherwise charged with any
felony or any misdemeanor related to the practice of medicine, or any
violation of Section 32-5A-191. The report required by this
subdivision shall be made within 30 days of the filing of any
indictment, information, or other charge in any district or circuit
court of this state. In addition, a report shall be rendered to
the State Board of Medical Examiners of the conviction of any physician
for any felony or any misdemeanor related to the practice of medicine,
or any violation of Section 32-5A-191. The report of conviction
shall be submitted within 30 days after sentencing without regard to
any appeal of the conviction. For the purposes of this
subdivision a physician is an individual licensed to practice medicine
by the Medical Licensure Commission of Alabama.