SB328 Alabama 2016 Session

Under existing law, the maximum fee that counsel appointed to represent an indigent defendant may collect is based on the degree of severity of the original charge or the type of case to which the counsel is appointed. Under existing law, where the original charge is a Class A felony, appointed counsel may collect a maximum of $4,000 for legal services.

This bill would authorize the court or the Director of Indigent Defense Services to waive the $4,000 maximum in certain cases where the original charge was a Class A felony. This bill would require a court waiving the limit to enter an order specifying the reasons for the waiver. This bill would also require the director to submit a memo to the state Finance Director explaining the reasons for any waiver granted by the director.

To amend Section 15-12-21 of the Code of Alabama 1975, as amended by Act 2015-185 of the 2015 Regular Session, relating to indigent defense services; to authorize the court or the Director of Indigent Defense Services to waive the maximum fee of four thousand dollars ($4,000) in certain cases where the original charge is a Class A felony; and to specify the procedure for documenting the waiver.