HB601 Alabama 2011 Session

Summary

Primary Sponsor

Chris England Representative

Democrat

Co-Sponsors

Paul DeMarcoWayne JohnsonPaul BeckmanBill Poole

Session

Regular Session 2011

Title

Indigent Defense Services Office, established as division of Finance Department, director, staff, duties, advisory board in each judicial circuit, compensation of appointed counsel, contract counsel system, public defender office, Secs. 12-19-252, 15-12-1, 15-12-4, 15-12-5, 15-12-6, 15-12-20, 15-12-21, 15-12-22, 15-12-23, 15-12-26, 15-12-27, 15-12-29, 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15-12-41, 15-12-42, 15-12-43, 15-12-44, 15-12-45, 15-12-46 am'd.; Secs. 15-12-2, 15-12-3, 15-12-24, 15-12-24.1 repealed

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.

This bill would create the Office of Indigent Defense Services to provide for the defense of those indigent defendants who have been found by a court to be unable to pay for their defense or representation in a trial or appellate court proceeding.

This bill would provide for a director, staff, duties, and responsibilities of the office.

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.

Existing law provides for compensation of appointed counsel as provided by law or rule promulgated by the Alabama Supreme Court.

This bill would provide for compensation as provided by law or rule adopted by the Director of the Office of Indigent Defense Services.

Existing law provides for $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 postconviction proceedings and provides for unlimited reimbursement of overhead expenses. Existing law 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, submitted to the Administrative Office of Courts, submitted to the Comptroller for audit, and forwarded to the State Treasurer for payment.

This bill would eliminate the provision for overhead expenses and provide for $75 per hour for appointed counsel representing an indigent defendant and compensation for any nonoverhead expenses reasonably incurred in the representation of his or her client in any trial court or appellate proceeding, provided that any expense in excess of $300 be approved in advance by the trial court, with the bill for compensation of an appointed counsel to be submitted to the office for review and approval and the office shall recommend to the Comptroller that the bill be paid.

Existing law provides that in any county or circuit where a contract counsel system is chosen as a method of providing indigent defense, the indigent defense commission shall choose one or more contract counsel and each contract counsel shall receive compensation as set by the commission.

This bill would allow the Director of the Office of Indigent Defense Services to establish a contract counsel system to be used as the method to provide indigent defense system within a circuit or part of a circuit, provided that the indigent defense advisory board is consulted on the selection and appointment of contract counsel for the circuit.

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.

This bill would provide that the Director of the Office of Indigent Defense Services, upon consultation with the indigent defense advisory board, may establish a public defender office with salary set by the Director of the Office of Indigent Defense Services. A public defender may serve for a term not to exceed six years, subject to reappointment by the Director of the Office of Indigent Defense Services, with the advice and comment of the indigent defense advisory board and may be removed for cause by the Director of the Office of Indigent Defense Services.

Under existing law, the indigent defense commission of each circuit, subject to approval by the Administrative Director of Courts, may approve the expenditures of the public defender.

This bill would provide that the Director of the Office of Indigent Defense Services approve expenditures of the public defender.

This bill would provide for employees of a public defender to receive state employee benefits.

This bill would provide for the operating expenses of a public defender's office to be approved in advance by the Director of the Office of Indigent Defense Services as part of an annual budget for the subject public defender's office and that the expenses be paid out of the Fair Trial Tax Fund or other funds appropriated by the Legislature for this purpose.

This bill would repeal current law governing the present methods for selecting indigent defense systems.

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Subjects

Indigent Defense Services Office