SB83 Alabama 2024 Session

Summary

Primary Sponsor

Rodger Smitherman Senator

Democrat

Session

Regular Session 2024

Title

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

Description

Under existing law, a voluntary indigent defense advisory board consists of the presiding circuit judge, the president of the local circuit bar association, and three other attorneys selected by the circuit bar commissioner or commissioners.

This bill would require that two of the board members selected by the bar commissioner or commissioners are attorneys who regularly practice in the criminal courts of the circuit.

Under existing law, the presiding circuit judge is a member of the voluntary indigent defense advisory board.

This bill would provide that if the presiding judge has a conflict of interest that would preclude him or her from serving on the voluntary indigent defense advisory board, the presiding judge shall designate another member of the judiciary of the circuit to serve on the board.

Under existing law, the Director of the Office of Indigent Defense Services may request that the voluntary indigent defense advisory board review and provide comment on any statements or bills submitted for indigent defense services in the circuit.

This bill would further provide for the review SB83 INTRODUCED process.

This bill would require the voluntary indigent defense advisory board to convene a meeting with all indigent defense attorneys in the circuit to review billing issues.

This bill would provide voluntary indigent defense advisory board members with statutory immunity.

Under existing law, an indigent defense attorney is compensated $70 per hour.

This bill would provide that indigent defense attorneys are compensated based on the level of the original criminal charge.

Under existing law, the total compensation of an indigent defense attorney is capped based on the level of the original criminal charge.

This bill would revise the total compensation caps for indigent defense attorneys.

This bill would require an indigent defense attorney to provide an explanation for any billing over 2,000 hours in a single fiscal year and would authorize a voluntary indigent defense advisory board to recommend remedial action for any attorney who submits over 2,000 hours in a single fiscal year.

Under existing law, an indigent defense attorney is compensated $70 per hour when working on an appeal.

This bill would provide that an indigent defense attorney is compensated $85 per hour when working on an appeal.

SB83 INTRODUCED Under existing law, an indigent defense attorney may not receive more than $2,500 in total compensation for any single appeal and subsequent petition for writ of certiorari.

This bill would provide that an indigent defense attorney may not receive more than $5,000 in total compensation for any single appeal and subsequent petition for writ of certiorari.

Under existing law, an indigent defense attorney may not receive more than $2,500 in total additional compensation for a case where a petition for writ of certiorari is filed in the Alabama Supreme Court.

This bill would provide that an indigent defense attorney may not receive more than $5,000 in total additional compensation for a case where a petition for writ of certiorari is filed in the Alabama Supreme Court.

Under existing law, the State Comptroller shall remit payment to an indigent defense attorney in a timely manner after the disposition of an appeal.

This bill would provide that if the State Comptroller does not remit payment to an indigent defense attorney within 90 days after court certification of the disposition of an appeal, the attorney shall be entitled to receive six percent interest on the payment until the payment is remitted.

This bill would also make nonsubstantive, technical revisions to update the existing code SB83 INTRODUCED language to current style.

86 87.

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Subjects

Criminal Procedure