HB275 Alabama 2024 Session

Summary

Primary Sponsor

Cynthia Lee AlmondAlabama Public Service Commission

Republican

Session

Regular Session 2024

Title

Indigent defense, provides for membership & review process of adv. boards, provides for comp. of attorneys

Summary

HB275 updates Alabama's indigent defense system by changing board membership, adding billing oversight, and adjusting how lawyers are paid for indigent defense and appeals.

What This Bill Does

It reshapes the voluntary indigent defense advisory boards by specifying a five-member structure that includes the presiding judge, a local bar association president, two lawyers who regularly practice in criminal or juvenile courts, and one additional attorney; it also requires diversity and provides for contingency if the presiding judge has a conflict. It expands the board's oversight role, including convening all indigent defense attorneys to review billing practices and providing written recommendations on billing and fees, with immunity for members. It tightens compensation rules for defense lawyers by altering hourly rates, caps by case type, and adding requirements for reporting hours over 2,000 per year; it adds interim payment authority, outlines appellate fees, enhances expense reimbursement rules, and sets payment timelines with interest if delayed. It also clarifies appointment of counsel on appeal and for juveniles, and establishes effective date of October 1, 2024.

Who It Affects

• Indigent defense attorneys in Alabama circuits (payments, billing reviews, and caps on fees).
• Indigent defendants and juveniles who rely on court-appointed counsel (rates, caps, and appointment processes).
• Courts, the Office of Indigent Defense Services, the State Comptroller, and bar associations (oversight, review processes, and reporting requirements).

Key Provisions

• Board composition: five members per circuit, including the presiding judge as chair, the local bar association president, two lawyers who regularly practice in criminal/juvenile courts, and one other attorney; selected by the circuit's bar commissioners; in multi-county circuits, the president of a county bar association serves on the board.
• Conflict and diversity: presiding judge may designate another judiciary member if there is a conflict; the board must reflect the circuit's diversity in race, gender, urban/rural status, and economics.
• Meetings and immunity: board meets at least quarterly with a three-member quorum; members have immunity like state agents.
• Billing oversight: the board can review fee declarations, timesheets, and bills; it can request information and convene all indigent defense attorneys to review billing standards; it can issue written recommendations and refer issues for remedial action.
• Compensation framework: hourly rates and total caps for various case types (caps vary by original charge level; including higher rates for capital/life-without-parole cases and staged caps for felonies and juveniles); appellate work increases rates; expenses reimbursed with court pre-approval for certain items; retrials treated as new billing events.
• Appeals and guardians ad litem: counsel in appeals, juvenile cases, and guardians ad litem have specified fee structures, caps, and reimbursement rules; separate billing considerations apply for pretrial appeals and writs of certiorari.
• Payment timing and interest: the Comptroller must remit payment timely; if not paid within 90 days after certification of disposition, interest at 6% applies until payment is issued; interim payments may be authorized.
• Effective date: the act becomes effective October 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure