AGO 1996-104.

Case DateJanuary 19, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-104. 1996-104January 19, 1996Honorable Frank Gregory Administrative Director of Courts State of Alabama Administrative Office of Courts 300 Dexter Avenue Montgomery, AL 36104-3741 Victims - Victims Rights Act - Public Records - Courts - Crimes and OffensesAct No. 95-583 (codified at __ 15-23-60, et seq.) only applies to certain felonies and misdemeanors tried in state court, and identifying information of the victim in court file shall be confidential.Dear Mr. Gregory: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION 1 Does Act No. 95-583, the Crime Victims' Rights Act, apply to municipal courts? FACTS AND ANALYSIS Section 1, subsection (5) of Act No. 95-583 (codified at _ 15-23-60, Code) defines the term "court" narrowly to include "all state courts including juvenile courts." (Emphasis provided.) Applying the maxim of statutory construction, expressio unius est exclusio alterius (the expression of one thing is the exclusion of another), the provision of the Crime Victims' Rights Act would not apply in municipal courts since it is not a "state" court. Had the Alabama Legislature intended to include municipal courts in the definition of "court," such inclusion could have been easily specified. Thus, the omission of municipal courts in this Act's definition appears to have been deliberate and intentional on the behalf of the Alabama Legislature. Since Section 1(5) of the Crime Victims' Rights Act does not expressly include municipal courts in its definition of "court," established standards of statutory construction lead to the conclusion that the legislature intended municipal courts to be excepted from the application of this Act. In construing the meaning of a statute, effect must be given to the legislative intent as expressed in the words used in the statute. Ex parte Rogers, 544 So.2d 1120 (Ala. 1989). Where plain language is used in a statute, such language must be interpreted to mean exactly what it says. Tuscaloosa County Commission v. Deputy Sheriffs Association, 589 So.2d 687 (Ala. 1991). CONCLUSION Since Act No. 95-583 defines the term "court" as used in the Crime Victims' Rights Act to include only "state" courts, the Act's provisions do not apply to municipal courts. QUESTION 2 Do the provisions of...

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