SB497 Alabama 2010 Session

Sponsors

Session

Regular Session 2010

Title

Alabama Indigent Defense Commission, established, duties, powers, appointment, terms, Office of Indigent Defense Services, established, Indigent Defense Advisory Board in each judicial circuit, appropriation, Secs. 12-19-252, 15-12-1, 15-12-4, 15-12-5, 15-12-6, 15-12-21, 15-12-22, 15-12-23, 15-12-26, 15-12-27, 15-12-40, 15-12-41, 15-12-42, 15-12-43, 15-12-44, 15-12-45, 15-12-46 am'd.; Secs. 15-12-2, 15-12-3, 15-12-24.1 repealed

Description

<p class="bill_description"> Existing law provides for indigent defense systems used in appellate, circuit, district, and municipal courts with the local presiding circuit judge, commission, or governing body administering the systems pursuant to rule of the Alabama Supreme Court</p><p class="bill_description"> This bill would amend existing law and create the Alabama Indigent Defense Commission to provide for the defense of indigent defendants in trial or appellate court proceedings and to further provide for legal representation and related services in all other cases subject to this act pursuant to rules and procedures established by the commission and in accordance with the Budget Management Act</p><p class="bill_description"> This bill would provide for members, terms of office, duties, and responsibilities of the commission</p><p class="bill_description"> This bill would establish the Office of Indigent Defense Services</p><p class="bill_description"> This bill would provide for a director, staff, duties, and responsibilities of the Office of Indigent Defense Services</p><p class="bill_description"> This bill would provide for an indigent defense advisory board in each judicial circuit and would provide for the composition, meetings, expenses, powers, and duties of the board</p><p class="bill_description"> Existing law provides for a determination of indigency and provides for defense counsel</p><p class="bill_description"> This bill would provide for the trial or appellate judge to assign two counsel in capital cases subject to established requirements and the approval of the Office of Indigent Defense Services</p><p class="bill_description"> Existing law provides for compensation of appointed counsel as provided by law or rule promulgated by the Alabama Supreme Court</p><p class="bill_description"> This bill would provide for compensation as provided by law or rule or regulation adopted by the Alabama Indigent Defense Commission</p><p class="bill_description"> Existing law provides $40 per hour for out-of-court time and $60 per hour for in-court time for appointed counsel representing an indigent person at trial and provides that the bill for compensation of an appointed counsel representing an indigent person at the trial court level be approved by a circuit judge and then submitted by the clerk of the trial court to the Alabama Administrative Office of Courts and then to the state Comptroller for audit and forwarded to the State Treasurer for payment</p><p class="bill_description"> This bill would provide $85 per hour for appointed counsel representing an indigent person in a noncapital case at the trial level and $100 per hour for appointed counsel representing an indigent person in a capital case at the trial level, and provide that the bill for compensation of an appointed counsel be submitted by the clerk of the trial court to the Office of Indigent Defense Services for audit and approval and forwarded to the state Comptroller for payment</p><p class="bill_description"> Existing law provides $60 per hour for appointed counsel representing an indigent person on appeal and subsequent petition for writ of certiorari with the bill for compensation of appointed counsel to be submitted by the clerk of the appellate court to the state Comptroller for audit and, if approved, forwarded to the State Treasurer for payment</p><p class="bill_description"> This bill would provide $85 per hour for appointed counsel representing an indigent person on appeal; and $100 per hour for appointed counsel representing an indigent person on appeal from a capital conviction with the bill for compensation of appointed counsel to be submitted by the clerk of the appellate court to the Office of Indigent Defense Services for audit and approval and forwarded to the state Comptroller for payment</p><p class="bill_description"> Existing law provides that appointed counsel representing an indigent person in postconviction proceedings receive $60 per hour for time expended in court and $40 per hour for out-of-court time</p><p class="bill_description"> This bill would provide $85 per hour for appointed counsel representing an indigent person in a postconviction proceeding; and $100 per hour for appointed counsel representing an indigent person in a postconviction proceeding from a capital conviction with the bill for compensation of appointed counsel to be submitted by the clerk of the appellate court to the Office of Indigent Defense Services for audit and approval and forwarded to the state Comptroller for payment</p><p class="bill_description"> Existing law provides for the indigent defense commission in any county or circuit to select contract counsel as a method of providing indigent defense and provides for each contract counsel to receive compensation as set by the commission. Each contract must be approved by the presiding circuit judge</p><p class="bill_description"> This bill would allow the Alabama Indigent Defense Commission, after consultation with the circuit indigent defense advisory board and, if no advisory board exists, the bar association of the circuit and the presiding circuit judge, to establish a contract counsel program for all or part of the circuit and may provide for the contract counsel to be employed under terms, conditions, and compensation set by the Office of Indigent Defense Services</p><p class="bill_description"> Under existing law, the indigent defense commission in a judicial circuit, with the approval of the presiding circuit judge, may select a public defender system with salary set by the commission and approved by the Director of the Administrative Office of Courts. A public defender may serve for a term not to exceed six years and may be removed for cause</p><p class="bill_description"> This bill would provide that the Alabama Indigent Defense Commission, after consultation with the circuit indigent defense advisory board and, if no advisory board exists, the bar association of the affected circuit and the presiding circuit judge, may select a public defender system for all or part of the subject circuit, and may provide for compensation. A public defender may serve for a term not to exceed six years and may be removed for cause</p><p class="bill_description"> Existing law provides that the indigent defense commission of each circuit, subject to approval by the Administrative Director of Courts, may approve the expenditures of the public defender</p><p class="bill_description"> This bill would provide that the Office of Indigent Defense Services approve expenditures pursuant to procedures adopted by the commission</p><p class="bill_description"> This bill would provide for the employees of a public defender to receive the same benefits as state employees</p><p class="bill_description"> This bill would provide for the operating expenses of a public defender to be paid from funds appropriated annually from the Fair Trial Tax Fund or other funds appropriated by the Legislature for this purpose and would establish a minimum funding level below which funding could not fall</p><p class="bill_description"> This bill would repeal current law governing the present methods for selecting indigent defense systems</p><p class="bill_entitled_an_act"> To create the Alabama Indigent Defense Commission as an independent agency of the judicial branch of state government; to provide for the duties and powers of the commission; to provide for the appointment and terms of its members; to create the Office of Indigent Defense Services to operate at the direction of the Alabama Indigent Defense Commission; to amend Sections 12-19-252, 15-12-1, 15-12-4, 15-12-5, 15-12-6, 15-12-21, 15-12-22, 15-12-23, 15-12-26, 15-12-27, 15-12-40, 15-12-41, 15-12-42, 15-12-43, 15-12-44, 15-12-45, and 15-12-46 of the Code of Alabama 1975, relating to the defense of indigents; to provide for the director, staff, duties, and responsibilities of the Office of Indigent Defense Services; to provide for an Indigent Defense Advisory Board in each judicial circuit; to provide for the assignment of counsel in capital cases; to provide further for compensation of appointed counsel; to provide further for contract counsel; to provide for the employment contract, compensation, and attorney-client communications of the contract to supersede the Alabama Rules of Criminal Procedure; to provide further for a public defender system; to provide further for expenditures, employees, and operating expenses of the public defender offices; to make an appropriation subject to minimum funding levels for indigent defense services in each of the judicial circuits; and to repeal Sections 15-12-2, 15-12-3, and 15-12-24.1 of the Code of Alabama 1975. </p>

Subjects

Alabama Indigent Defense Commission