HB324 Alabama 2016 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2016

Title

Attorneys, indigent defense fees, waiver of maximum allowed fee by trial court or Director in Indigent Defense Services, Sec. 15-12-21 am'd.

Summary

HB324 would let courts or the Director of Indigent Defense Services waive the $4,000 indigent defense fee cap for Class A felonies, with documented justification and a possible total fee up to $8,000.

What This Bill Does

It authorizes waivers of the Class A felony fee cap in certain cases. If a waiver is granted by the court, the court must issue a written order detailing the reasons. If a waiver is granted by the director, the director must send a written memo to the State Finance Director outlining the factors used. The total fee, with any waiver, cannot exceed $8,000, and the bill preserves existing fee structures for other charge levels and the related reimbursement and billing procedures.

Who It Affects

• Indigent defendants charged with Class A felonies and their appointed counsel, who could receive higher legal fees if a waiver is granted (up to a total of $8,000).
• Courts and the Director of Indigent Defense Services, who would have authority to grant waivers and must document the reasons either in a court order or a memo to the State Finance Director.

Key Provisions

• Allows waiver of the Class A felony maximum fee when appropriate, with a new overall cap of $8,000 even with the waiver.
• If the court waives the limit, the court must issue a written order listing the factors considered in the waiver.
• If the director waives the limit, the director must submit a written memo to the State Finance Director detailing the factors used.
• Maintains existing fee caps and reimbursement/billing rules for other cases (Class B, Class C/D, juvenile, and all other cases).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Attorneys