Magistrates - Alabama Code

Magistrates are judicial officers created by the Alabama Constitution under Section 6.01(b) of Amendment No. 328, which provides magistrates with the express authority to issue arrest warrants.  Alabama Code 1975, Section 12-17-251 (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 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.

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

Note that Act 2019-233, effective May 21, 2019, provides Absolute Judicial Immunity for all magistrates in the Circuit Clerk’s office performing the duties above.

"A magistrate has absolute judicial immunity defense from civil lawsuits arising from the performance of these highlighted duties. Magistrates are integral in the process of issuing misdemeanor and felony warrants. As an integral part of the judicial process, it is the recommendation of the Jefferson County Emergency Response Committee that magistrates should be classified in a protected class of persons who do not interface with the public or law enforcement in the event of a crisis. In the event of a crisis or shutdown, with the approval of the Circuit Clerk, magistrates may be allowed to conduct their duties remotely. During this time, magistrates will remain on call. Meetings that would traditionally require an in-person meeting may be conducted via Zoom or a similar app, with the approval of the Circuit Clerk."

HOW TO OBTAIN A WARRANT

A Magistrate’s job is to determine if there is probable cause for the issuance of a criminal warrant. If probable cause is found, an arrest warrant is issued. There is no cost involved in this process. Please make careful consideration before you have someone arrested, as we do not drop charges except in extenuating circumstances, and you may be required to pay costs of court. An arrest warrant is NOT a matter of public record until it is served. If someone suspects that a warrant has been issued against them, they must appear in person at the Jefferson County Sheriff's Department.

Prior to obtaining a warrant, you will need to file an incident/offense report with the Jefferson County Sheriff's Department. If the offense occurred in a municipality, the report should be filed with that municipality’s Magistrate.

For misdemeanor charges that occurred within Jefferson County jurisdiction, you will need a Jefferson County police report, and supporting evidence of the incident, which can be filed in the Jefferson County Magistrate’s office. (Please print any physical evidence: screenshots, texts, etc.)

For felonies, you will need a report and evidence, that will be assigned to a Detective, who will file incident with the Jefferson County DA’s office.   Once the felony is ready, the Detective will then file the felony with the Magistrates, under oath. They may have you accompany them during this process.

Note: Misdemeanor charges occurring inside the city limits of Birmingham must be handled through their municipal court. We will only handle their misdemeanor cases through County court if a felony charge is also involved in the same incident or if it is an extraordinary circumstance.