SB328 Alabama 2016 Session

Summary

Primary Sponsor

Tom Whatley

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

SB328 would authorize waivers of the $4,000 maximum indigent-defense fee for Class A felony cases, with documented justification by the court or the Director of Indigent Defense Services, and maintain an overall cap of $8,000.

What This Bill Does

Currently, indigent defense fees for Class A felonies are capped at $4,000. The bill would allow waivers of this cap in certain Class A felony cases. If the court waives, it must issue a written order outlining the reasons; if the director waives, the director must submit a memo to the State Finance Director explaining the reasons. The total fee in waived cases cannot exceed $8,000.

Who It Affects

• Indigent defendants charged with a Class A felony, who could have higher approved attorney fees up to $8,000 with a waiver.
• Trial courts, which would be able to grant waivers but must provide a written order detailing the reasons.
• Director of Indigent Defense Services, who could grant waivers and must send a memo to the State Finance Director explaining the rationale.
• State Finance Director, who would receive the waiver memo from the Director explaining why the waiver is granted.

Key Provisions

• Authorizes waiver of the $4,000 maximum for indigent defense in Class A felony cases.
• Requires courts to issue a written order with factors considered when waiving the cap.
• Requires the Director of Indigent Defense Services to forward a written memo to the State Finance Director detailing factors for any waiver by the director.
• Keeps the total fee cap at $8,000 even when a waiver is granted.

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