Title 15 — Title 15

When used in this chapter, the following terms shall have the following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT COUNSEL. Any attorney licensed to …

District and Municipal Courts. Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011. History: (Acts 1975, No. 1205, §9-105.)

Defendants Prior to Arraignment. In all criminal cases, including paternity cases, and civil and criminal nonsupport cases which may result in the jailing of the defendant, in any court of this state created by authority of the Constitution of Alabama of 1901, as amended, when a …

(a) If it appears to the trial court that an indigent defendant is entitled to counsel, that the indigent defendant does not expressly waive the right to assistance of counsel, and that the indigent defendant is not able financially or otherwise to obtain the assistance of counse…

(a) In all criminal cases where an indigent defendant has an appeal directly to an appellate court and the indigent defendant expresses his or her desire to appeal, the court shall enter a recital of notice of appeal in its minutes. (b) If it appears that the indigent defendant d…

Proceedings. (a) In proceedings filed in the district or circuit court involving the life and liberty of those charged with or convicted of serious criminal offenses including proceedings for habeas corpus or other post-conviction remedies, the trial or presiding judge or chief j…

Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011. History: (Acts 1981, No. 81-717, p. 1204, §5; Acts 1984, 1st Ex. Sess., No. 84- 793, p. 198, §1.)

Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011. History: (Acts 1984, No. 84-793, p. 198, §2.)

Default. (a)(1) A court may require a convicted defendant to pay the fees of court appointed counsel. Fees of court appointed counsel for the purposes of this section, shall mean any attorney’s fees and expenses paid an appointed counsel, contract counsel, or public defender. (2)…

(a) The director may recommend that a contract counsel system be used as the method to provide indigent defense services within a circuit or part thereof. The indigent defense advisory board shall be consulted and make a determination on the selection and appointment of contract …

Any provision of this chapter to the contrary notwithstanding, each judicial circuit desiring a contract counsel system shall be required to follow those procedures established for the selection of contract counsel established by the director. History: (Acts 1995, No. 95-757, p. …

Communications. Each contract counsel shall keep the records and make the reports as required by the terms of the applicable contract; except, that attorney-client communications involving the contract counsel shall remain confidential. History: (Acts 1995, No. 95-757, p. 1770, §…

Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to preclude judges from appointing counsel for indigent defendants, or from assigning representation of an indigent defendant to other contract counsel where there is a conflict of interest involving the contract co…

Circuits; Adoption of Rules for Effectuation of Systems by Circuit Courts. Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011. History: (Acts 1975, No. 1205, §9-103.)

(a) In each judicial circuit, a voluntary indigent defense advisory board shall be established. (b)(1) Each board shall be composed of five members who are residents of the judicial circuit in which they are appointed, including the presiding circuit judge as the chair, the presi…

Attorneys. The indigent defense advisory board may establish a public defender office as a method to provide indigent defense services within a circuit or any part thereof. For each new term, and to fill any vacancy, the director may select and appoint a public defender for a cir…

(a) The public defender shall be appointed after June 14, 2011, for a fixed term not to exceed three years, subject to reappointment by the indigent defense advisory board, and may be removed from office for cause by the director. (b) The director may require that the public defe…

The public defender shall have the following powers and duties: (1) Within his or her geographic jurisdiction, the public defender shall provide indigent defense services as defined in Section 15-12-1 to indigent defendants. (2) The public defender, at the request and with the co…

(a) The public defender shall receive a salary set by the director. The salary shall not exceed the state salary paid to a district attorney and shall be paid in the same manner as employees of the state. (b) All salary and expenses of a public defender shall be paid by the state…

The public defender shall keep such records and make such reports on matters related to the operation of the office of the public defender as are required by the director. The attorney-client communications involving the defender or attorneys employed by him or her shall remain c…

Investigators, Etc. (a) The director may approve expenditures for attorneys, investigators, other personnel and nonpersonnel expenses of the public defender. Authorized employees of the public defender offices shall be entitled to annual and sick leave, insurance, retirement, and…

Contract Counsel Systems, Etc. Nothing in this article shall be construed to exclude establishment of appointed counsel or contract counsel systems parallel to a public defender system or to preclude judges from appointing counsel for indigent defendants where there is a conflict…

(a) Judicial role in determining indigency. The trial judge shall determine, in accordance with the policies and procedures established by the Office of Indigent Defense Services, if a person in his or her court is an indigent defendant, any time appropriate or necessary. Upon ap…

Compensation of counsel appointed to represent indigent defendants shall be paid by the state in such amounts as otherwise provided by law. The procedure for approval and payment for such services shall be as provided by law or rule as may be promulgated by the director. History:…