When used in this chapter, the following terms shall have the following meanings:

(1) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding in the trial or appellate courts of the state for which proceeding representation by counsel is constitutionally required, who under oath or affirmation states that he or she is unable to pay for his or her defense, and who is found by the court to be financially unable to pay for his or her defense.

(2) APPOINTED COUNSEL. Any attorney licensed to practice law in the State of Alabama who is appointed by the court to represent an indigent defendant.

(3) CONTRACT COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association, corporation, or partnership of lawyers so licensed, executing a contract for the provision of indigent defense services.

(4) PUBLIC DEFENDER. Any attorney licensed to practice law in the State of Alabama, other than contract counsel, who receives a salary for representing an indigent defendant.

(5) INDIGENT DEFENSE SYSTEM. Any method or mixture of methods for providing legal representation to an indigent defendant, including use of appointed counsel, use of contract counsel, use of public defenders, or any alternative method meeting constitutional requirements.

(a) The indigent defense system in the circuit and district court of a county shall be determined as follows:

(1) In circuits with two circuit judges or less, the presiding judge of the circuit court, with the advice and consent of the indigent defense commission, shall determine the indigent defense system to be used in each county of the circuit; and

(2) In circuits with three or more circuit judges, a majority of the circuit judges, with the advice and consent of the indigent defense commission, shall determine the indigent defense system to be used in each county of the circuit.

(b) The indigent defense system in municipal courts shall be determined by the governing body of the municipality. Such system shall be subject to the administrative supervision of the presiding circuit judge.

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 1901, as amended, when a defendant is entitled to counsel as provided by law, the trial judge shall before arraignment ascertain from the accused, or otherwise:

(1) Whether or not the defendant has arranged to be represented by counsel;

(2) Whether or not the defendant desires the assistance of counsel; and

(3) Whether or not the defendant is able financially or otherwise to obtain the assistance of counsel.

(a) If it appears to the trial court that a defendant is entitled to counsel, that the defendant does not expressly waive the right to assistance of counsel, and that the defendant is not able financially or otherwise to obtain the assistance of counsel, the court shall appoint counsel to represent and assist the defendant. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the defendant to the best of his or her ability.

(b) If it appears to the trial court in a delinquency case, need of supervision case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled to counsel and that the juvenile is not able financially or otherwise to obtain the assistance of counsel or that appointed counsel is otherwise required by law, the court shall appoint counsel to represent and assist the juvenile or act in the capacity of guardian ad litem for the juvenile. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the juvenile to the best of his or her ability.

(c) If it appears to the trial court that the parents, guardian, or custodian of a juvenile who is a party in a judicial proceeding, are entitled to counsel and the parties are unable to afford counsel, upon request, the court shall appoint counsel to represent and assist the parents, guardian, or custodian. It shall be the duty of the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist the parties to the best of his or her ability.

(d) Counsel appointed in cases described in subsections (a), (b), and (c), including cases tried de novo in circuit court on appeal from a juvenile proceeding, shall be entitled to receive for their services a fee to be approved by the trial court. The amount of the fee shall be based on the number of hours spent by the attorney in working on the case and shall be computed at the rate of fifty dollars ($50) per hour for time expended in court and thirty dollars ($30) per hour for time reasonably expended out of court in the preparation of the case. Effective October 1, 2000, the amount of the fee shall be based on the number of hours spent by the attorney in working on the case and shall be computed at the rate of sixty dollars ($60) per hour for time expended in court and forty dollars ($40) per hour for time reasonably expended out of court in the preparation of the case. The total fees paid to any one attorney in any one case, from the time of appointment through the trial of the case, including motions for new trial, shall not exceed the following:

(1) In cases where the original charge is a capital offense or a charge which carries a possible sentence of life without parole, there shall be no limit on the total fee.

(2) Except for cases covered by subdivision (1), in cases where the original charge is a Class A felony, the total fee shall not exceed three thousand five hundred dollars ($3,500).

(3) In cases where the original charge is a Class B felony, the total fee shall not exceed two thousand five hundred dollars ($2,500).

(4) In cases where the original charge is a Class C felony, the total fee shall not exceed one thousand five hundred dollars ($1,500).

(5) In juvenile cases, the total fee shall not exceed two thousand dollars ($2,000).

(6) In all other cases, the total fee shall not exceed one thousand dollars ($1,000).

Notwithstanding the above, the court for good cause shown may approve an attorney's fee in excess of the maximum amount allowed. Counsel shall also be entitled to be reimbursed for any expenses reasonably incurred in the defense of his or her client, to be approved in advance by the trial court. Preapproved expert fees shall be billed at the time the court is notified that all work by the expert has been completed, and shall be paid forthwith. Once an expert has been paid for services on a particular case, that expert shall not be allowed to receive further payment on the case. Retrials of any case shall be considered a new case.

(e) Within a reasonable time after the conclusion of the trial or ruling on a motion for a new trial or after an acquittal or other judgment disposing of the case, counsel shall submit to the trial court a bill for services rendered, not to exceed the amount provided in subsection (d) . If counsel has submitted a bill in excess of the amount allowed in subsection (d), a sworn affidavit shall be attached to the bill stating the basis of the claim of the counsel for additional money, and setting out the good cause required by subsection (d). The bill, after approval by the trial court, shall be submitted by the clerk of the court to the State Comptroller for audit and, if approved by the Comptroller, shall be forwarded to the State Treasurer for payment.

(a) In all criminal cases wherein a defendant has been convicted of a serious offense in which an appeal lies directly to the Supreme Court or Court of Criminal Appeals and the defendant expresses his or her desire to appeal the conviction, the court shall cause to be entered upon its minutes a recital of notice of appeal, and the court shall then ascertain and make findings in reference to the appeal concerning those items listed in Section 15-12-20.

(b) If it appears that the defendant desires to appeal and is unable financially or otherwise to obtain the assistance of counsel on appeal and the defendant expresses the desire for assistance of counsel, the trial court shall appoint counsel to represent and assist the defendant on appeal. The presiding judge of the court to which the appeal is taken shall have authority to appoint counsel in the event the trial court fails to appoint and in the event it becomes necessary to further provide for counsel. It shall be the duty of the counsel, as an officer of the court and as a member of the bar, to represent and assist the defendant in the appeal.

(c) If it appears that a juvenile who is a party to an appeal is otherwise required by law or by rule of court to be represented by appointed counsel, the trial court shall appoint counsel to represent and assist the juvenile on appeal. The presiding judge of the court to which the appeal is taken shall have authority to appoint counsel in the event the trial court fails to appoint and in the event it becomes necessary to further provide for counsel. It shall be the duty of the counsel, as an officer of the court and as a member of the bar, to represent and assist the juvenile in the appeal.

(d) Counsel appointed to defend any indigent defendant for the appeal from a decision in any criminal or juvenile proceeding, excluding cases tried de novo in circuit court on appeal from a juvenile proceeding, shall be entitled to receive for their services a fee to be approved by the appellate court.

(1) The amount of the fee shall be based on the number of hours spent by the counsel in working on the appeal and shall be computed at the rate of fifty dollars ($50) per hour for time reasonably expended in the prosecution of the appeal, and any subsequent petition for writ of certiorari.

(2) Effective October 1, 2000, the amount of the fee shall be based on the number of hours spent by the attorney in working on the prosecution of the appeal and shall be computed at the rate of sixty dollars ($60) per hour for time reasonably expended in the prosecution of the appeal, and any subsequent petition for writ of certiorari.

(3) The total fees awarded to any one attorney in any appeal and any subsequent petition for writ of certiorari, shall not, however, exceed two thousand dollars ($2,000), and shall be in addition to any fees awarded on the trial court level. In those cases where the state takes a pretrial appeal, appointed counsel shall be entitled to bill separately for services on the pretrial and post-trial appeals, up to two thousand dollars ($2,000) for each appeal. In those cases where a petition for writ of certiorari is filed in the Alabama Supreme Court, counsel shall be entitled to bill separately for all services rendered after the Court of Criminal Appeals overrules the application for rehearing, or after the decision of the Court of Criminal Appeals in the case of a pretrial appeal, up to a separate limit of two thousand dollars ($2,000) over and above any funds received for services rendered in the Court of Criminal Appeals. The counsel shall also be entitled to be reimbursed for any expenses reasonably incurred in preparing and handling the appeal, to be approved in advance by the appellate court.

(e) Within a reasonable time after the disposition of the appeal, counsel shall submit to the appellate court a bill for services rendered, not to exceed the amount provided in subsection (d), and the bill, when approved by the presiding judge or chief justice of the appellate court, shall be submitted by the clerk of the appellate court to the state Comptroller for audit and, if approved by the Comptroller, forwarded to the State Treasurer for payment.

(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, and in post-trial motions or appeals in the proceedings, the trial or presiding judge or chief justice of the court in which the proceedings may be commenced or pending may appoint counsel to represent and assist those persons charged or convicted if it appears to the court that the person charged or convicted is unable financially or otherwise to obtain the assistance of counsel and desires the assistance of counsel and it further appears that counsel is necessary in the opinion of the judge to assert or protect the right of the person.

(b) In proceedings filed in the district or circuit court involving juvenile offenses including proceedings for habeas corpus or other post conviction remedies, and in post-trial motions or appeals in the proceedings, the trial or presiding judge or chief justice of the court in which the proceedings may be commenced or pending may appoint counsel to represent and assist those juveniles so charged or convicted if it appears to the court that the juvenile charged or convicted is unable financially or otherwise to obtain the assistance of counsel and it further appears that counsel is necessary in the opinion of the judge to assert or protect the rights of the person, or court appointed counsel is otherwise required by law or rule of court.

(c) It shall be the duty of such counsel as provided in subsections (a) and (b) to represent and assist the person in the proceedings.

(d) The counsel appointed in the proceedings shall be entitled to receive for his or her services a fee to be approved by the judge appointing him or her. The amount of the fee shall be based on the number of hours spent by counsel in working on the proceedings and shall be computed at the rate of fifty dollars ($50) per hour for time expended in court and thirty dollars ($30) per hour for time reasonably expended in preparation of the proceedings. Effective October 1, 2000, the fee shall be computed at the rate of sixty dollars ($60) per hour for time expended in court and forty dollars ($40) per hour for time reasonably expended in preparation of the proceeding. The total fees to counsel for the proceedings shall not exceed one thousand dollars ($1,000).

(e) Claim for the fee shall be submitted, approved, and paid in the same manner as provided in subsection (e) of Section 15-12-22.

The State Comptroller is authorized to withdraw from or charge to the fair trial tax fund such amounts not to exceed $12,500.00 quarterly to pay the expenses of administering the provisions of this chapter.

Fees awarded to appointed counsel for time expended prior to June 13, 1984 in the preparation of such cases shall be calculated at the rates in effect prior to such date; provided, however, that nothing in this section shall be construed so as to prevent court appointed counsel from receiving fees calculated at the rates prescribed in this article for time expended after June 13, 1984 in the preparation of such cases. Any claim which is submitted after June 13, 1984 which is based upon hours expended both prior to and subsequent to June 13, 1984 shall be subject to the maximum fee and expense amounts prescribed herein.

(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) The court shall not order a defendant to pay the fees of court appointed counsel unless the defendant is or will be able to pay them. In determining the amount and method of payment of these fees, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the fees will impose. A defendant who has been ordered to pay the fees of court appointed counsel and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him or her for remission of the payment of these fees or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may remit all or part of the amount due in fees or modify the method of payment.

(b)(1) When a defendant is ordered to pay the fees of court appointed counsel, the court may grant permission for payment to be made in a specified period of time or in specified installments. If permission is not included in the order these fees shall be payable forthwith.

(2) When a defendant ordered to pay the fees of court appointed counsel is also placed on probation or imposition or execution of sentence is suspended the court may make payment of the fees a condition of probation or suspension of sentence.

(c)(1) When a defendant ordered to pay the fees of court appointed counsel defaults in the payment thereof or of any installment, the court on motion of the district attorney or upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for his or her appearance.

(2) Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to make payment, the court may find that the default constitutes contempt and may order the defendant imprisoned as otherwise provided by law.

(3) If it appears to the satisfaction of the court that the default in a payment of the fees of court appointed counsel is not contempt, the court may enter an order allowing the defendant additional time for payment, or reducing the amount of each installment, or revoking these fees or the unpaid portion thereof in whole or in part.

(4) A default in the payment of the fees of court appointed counsel or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The issuance of a writ of execution for the collection of these fees shall not discharge a defendant committed to imprisonment for contempt until the amount of these fees has actually been collected.

(d) Moneys collected for fees and expenses incurred by the state in furnishing representation to a convicted defendant shall be collected by the clerk of the court and shall be payable to the Fair Trial Tax Fund, in the same manner as provided in Section 12-19-251.

(a) In any county or circuit where a contract counsel system is chosen as a method of providing indigent defense, the circuit indigent defense commission shall choose one or more contract counsel.

(b) Each contract counsel chosen shall be employed pursuant to a contract containing terms and conditions as deemed necessary between the attorney, firm, association, corporation, or partnership, as the case may be, and the circuit indigent defense commission. The contract shall be subject to the approval of the presiding circuit judge. Unless the contract is disapproved by the presiding circuit judge within 30 days of the execution of the contract on behalf of the circuit indigent defense commission, the contract shall be deemed approved.

Any provision of this chapter to the contrary notwithstanding, each contract counsel shall receive compensation as set by the circuit indigent defense commission, reviewed by the Administrative Director of Courts, and approved by the State Comptroller, to be paid from the Fair Trial Tax Fund or other funds as provided by law.

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.

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 counsel, or if the contract counsel is unable to provide prompt and adequate representation. Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to supersede any provision of the Alabama Rules of Criminal Procedure or any other provision of law relating to public defenders.

Within each judicial circuit the presiding circuit judge shall administer the indigent defense system pursuant to rule of the Supreme Court.

Circuit courts may adopt rules, not in conflict with rules of the Supreme Court, to effectuate a system of indigent defense.

(a) Creation. - In each judicial circuit, the presiding circuit judge shall appoint an indigent defense commission.

(b) Composition; qualifications, appointment, term of office and removal of members; vacancies. - The indigent defense commission shall be composed of five members who are residents of the judicial circuit in which they are appointed. There shall be two members who are attorneys licensed to practice law in Alabama, one member who is a member of a county commission within the circuit, one member who is the mayor or a member of the governing body of a municipality within the circuit, and one member who is a nonlawyer citizen. Each member shall serve for a term of six years from the date of appointment, unless removed for cause by the presiding circuit judge after notice and a hearing. Vacancies on the commission shall be filled by the presiding judge.

(c) Compensation and expenses of members. - Members of the indigent defense commission shall serve without compensation; except, that necessary travel expenses in connection with commission business shall be paid by the state in the same manner as for state employees generally.

(d) Meetings generally; quorum; chair. - The indigent defense commission shall meet at least once annually and shall meet whenever so requested by the presiding circuit judge. Three members shall constitute a quorum for conducting business. One member shall be designated a chair by majority vote of the members.

(e) Powers and duties. - The indigent defense commission shall perform the following duties and have the following powers:

(1) It shall advise the presiding circuit judge on the indigent defense system to be utilized in each county of the circuit.

(2) It shall advise the presiding circuit judge on the operation and administration of indigent defense systems within the circuit.

(3) It shall select the public defender by majority vote, if a public defender system is established within the circuit, determine the budget for the public defender and supervise the operation of the public defender office. It may remove the public defender for cause after notice and a hearing.

(4) It shall select, in accordance with procedures promulgated by the Administrative Director of Courts, one or more contract counsel by majority vote, if a contract counsel system is established within the circuit; contract with such entities, subject to the approval of the presiding circuit judge; and determine the compensation to be paid to contract counsel under each contract, subject to the review of the Administrative Director of Courts and the approval of the State Comptroller. Notwithstanding this section or any other law to the contrary, no presiding judge or indigent defense commission shall by rule, regulation, or otherwise prohibit a circuit court judge or a district court judge from appointing any attorney licensed in Alabama to represent an indigent defendant.

In any county or circuit where a public defender system is chosen as a method of providing indigent defense, the indigent defense commission shall choose a public defender.

The public defender shall be appointed for a fixed term not to exceed six years and may be removed from office for cause by the indigent defense commission.

The indigent defense commission may require that the public defender serve full time.

The public defender shall have the following powers and duties:

(1) Within his geographic jurisdiction, the public defender shall provide defense services to indigent defendants charged with misdemeanors and felonies and referred to him by the court.

(2) The public defender shall, at the request and with the consent of a municipal governing body and the indigent defense commission, represent indigent defendants in a municipal court within his geographic jurisdiction.

(3) The public defender may, with consent of the indigent defense commission, represent an indigent defendant in a state appellate court.

(4) The public defender may, if empowered by the presiding circuit judge and the indigent defense commission, administer the system of appointing private counsel for indigent defendants within his geographic jurisdiction.

(a) The public defender shall receive a salary set by the indigent defense commission and approved by the Administrative Director of Courts. 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 out of the fair trial tax fund or other funds appropriated by the Legislature for such purposes; except, that in counties authorized to impose a court cost for defender services, the county shall fund defender services from the revenues of said court cost, and the state shall pay a reasonable share of the cost of maintaining such office, such reasonable share to be determined by the Administrative Director of Courts.

The public defender shall keep such records and make such reports as are required by the indigent defense commission; except, that attorney-client communications involving the defender or attorneys employed by him shall remain confidential.

The indigent defense commission, subject to the approval of the Administrative Director of Courts, may approve expenditures for attorneys, investigators, other personnel and nonpersonnel expenses of the public defender.

Nothing in this article shall be construed to exclude establishment of appointed counsel systems parallel to a public defender system or to preclude judges from appointing counsel for indigent defendants where there is a conflict of interest involving the public defender or if the public defender is unable to provide prompt and adequate representation.

(a) Judicial role in determining indigency. - The trial judge first having cognizance of a criminal or juvenile proceeding in his court shall determine if an accused person or petitioner for postconviction relief is an indigent defendant. Upon appeal from a trial court to the state appellate courts, the trial judge or the presiding circuit judge shall determine if the appellant is an indigent defendant. In any proceeding initiated originally in a state appellate court or in any case appealed to a state appellate court without a determination of indigency, the presiding judge or chief justice of the appellate court shall determine if the appellant or petitioner is an indigent defendant.

(b) Criteria for determining indigency. - In determining indigency, the judge shall recognize ability to pay as a variable depending on the nature, extent and liquidity of assets, the disposable net income of the defendant, the nature of the offense, the effort and skill required to gather pertinent information and the length and complexity of the proceedings.

(c) Investigation of indigency. - In determining the fact of indigency a judge may require an investigation and report by a district attorney, public defender, sheriff, probation officer or other officer of the court. Provided, further, that the trial court judge shall, in all cases requiring a determination of indigency, require the accused to execute an affidavit of substantial hardship on a form approved by the Supreme Court. The completed affidavit of substantial hardship and the subsequent order of the court either denying or granting court appointed counsel to the accused shall become a part of the official court record in the case.

(d) Provision of defense counsel. - The judge making a determination of indigency shall provide legal representation for the indigent defendant. To the extent possible, judges shall provide continuity in legal representation.

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 Supreme Court.