HB243 Alabama 2017 Session

Summary

Primary Sponsor

Paul Beckman

Republican

Session

Regular Session 2017

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

HB243 would let courts or the Director of Indigent Defense Services waive the current fee cap for court-appointed indigent defense in certain cases, with documented justification.

What This Bill Does

Under current law, fees for appointed counsel in Class A felonies are capped at $4,000 (with lower caps for other cases). The bill would authorize waivers of these caps in specific cases, subject to documentation. Specifically, the court or the director could waive the cap for cases tried to verdict before a jury. If the court waives the limit, it must issue a written order stating why. If the director waives, the director must send a memo to the State Finance Director explaining the reasons. Even with a waiver, the total fee cannot exceed twice the normal cap, and the bill keeps existing rules on reimbursable expenses, rates, and payment processes.

Who It Affects

• Indigent defendants who rely on appointed counsel, as their attorneys could receive higher fees if a waiver is granted.
• Trial courts and the Director of Indigent Defense Services, who would authorize and document any fee waivers.
• State Finance Director, who would receive written memos detailing the reasons for waivers granted by the director.

Key Provisions

• Authorizes waivers of the statutory caps on indigent defense fees for cases with original charges of Class A felony ($4,000), Class B felony ($3,000), and Class C/D felony ($2,000) when the case is tried to a verdict before a jury.
• Requires the trial court, when waiving the limit, to issue a written order detailing the factors used to justify the waiver.
• Requires the Director of Indigent Defense Services to forward a written memo to the State Finance Director detailing the factors for any waiver granted by the director.
• States that, even with a waiver, the total fees cannot exceed twice the standard allowable fee for the original charge and maintains existing rules on reimbursable expenses, hourly rates ($70/hour), pre-approval for expenses over $300, and that retrials are treated as new cases.
• Keeps the overall billing and payment framework, including timely payment within 90 days, possible interest at 6% if delayed, and 90-day submission window for bills after case conclusion.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

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