The bill amends the Code of Alabama 1975 to enhance the structure and function of voluntary indigent defense advisory boards across judicial circuits. Key changes include the establishment of a five-member board in each circuit, comprising the presiding circuit judge, the president of the local circuit bar association, two attorneys practicing in criminal or juvenile courts, and one additional attorney. The bill mandates that the board's composition reflect the diversity of the judicial circuit, addressing factors such as race, gender, urban versus rural status, and economic background. It also allows the presiding judge to appoint a substitute in case of a conflict of interest and specifies that board members will serve without compensation but may be reimbursed for travel expenses.
Additionally, the bill modifies the compensation structure for attorneys representing indigent defendants, introducing new hourly rates and caps for various charges, such as $120 per hour for capital offenses with no cap, and $100 per hour for Class A felonies capped at $6,000. It extends the submission period for billing from 90 to 120 days post-trial and requires trial court certification for bill reasonableness. The bill also increases the hourly rate for appointed counsel in appeals from $70 to $85, with a new cap of $5,000 for total fees in appeals. Furthermore, it allows for separate billing for pretrial and post-trial appeals, with a cap of $2,500 for each. The act is set to take effect on October 1, 2024.
Statutes affected: Introduced: 15-12-4, 15-12-21, 15-12-22
Engrossed: 15-12-4, 15-12-21, 15-12-22
Enrolled: 15-12-4, 15-12-21, 15-12-22