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 postconviction proceedings 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, submitted to the Administrative Office of Courts, submitted to the Comptroller for audit, and forwarded to the State Treasurer for payment.
This bill would 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 and the Director of the Office of Indigent Defense Services, 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.
Conference Committee on SB440 2011RS first Substitute Offered
Delivered to Governor at 11:45 on June 9, 2011
Assigned Act No. 2011-678.
Signature Requested
Enrolled
Concurred in Conference Report
DeMarco motion to Concur In and Adopt adopted Roll Call 1174
Conference Report Concurrence Requested
Ward motion to Concur In and Adopt adopted Roll Call 1068
Conference Report
Conference Committee Appointed
DeMarco motion to Accede adopted Roll Call 1053 House appoints DeMarco, McCutcheon and England
Conference Committee Requested
Marsh motion to Non Concur and Appoint Conference Committee adopted Roll Call 870 P&PO appoints Ward, Brooks and Smitherman P&PO appoints Ward, Brooks and Smitherman
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 1034
Motion to Adopt adopted Roll Call 1033
DeMarco motion to Table lost Roll Call 1032
DeMarco motion to Table lost Roll Call 1031
Jones first Substitute Offered
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 770
Ward first Substitute Offered
Ward tabled Judiciary Substitute voice vote.
Third Reading Passed
Motion to Adopt adopted Roll Call 769
Third Reading Carried Over to Call of the Chair
Ward request to carry over call of the Chair granted.
Judiciary first Substitute Offered
Read for the second time and placed on the calendar with 1 substitute and
Read for the first time and referred to the Senate committee on Judiciary
Source: Alabama Legislature