Code of Alabama - Title 15: Criminal Procedure - Chapter 12 - Defense of Indigents

• Article 1 General Provisions.
• Section 15-12-1 Definitions
  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...
• Section 15-12-2 Determination as to indigent defense systems to be used in circuit, district and municipal courts
  Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
• Section 15-12-3 Presiding circuit judges to administer indigent defense systems within circuits; adoption of rules for effectuation of systems by circuit courts
  Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
• Section 15-12-4 Voluntary indigent defense advisory boards
  (a) Creation. In each judicial circuit, a voluntary indigent defense advisory board shall be established. (b) Composition; qualifications, appointment, term of office, and removal of...
• Section 15-12-5 Determination of indigency and provision of defense services
  (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...
• Section 15-12-6 Compensation of appointed counsel
  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...
• Article 2 Appointed Counsel.
• Section 15-12-20 Matters to be ascertained by trial judges as to representation of 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...
• Section 15-12-21 Appointment and compensation of counsel - Trial court
  (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...
• Section 15-12-22 Appointment and compensation of counsel - Appeals
  (a) In all criminal cases wherein an indigent defendant has an appeal which lies directly to an appellate court and the indigent defendant expresses his...
• Section 15-12-23 Appointment and compensation of counsel - Post-conviction 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...
• Section 15-12-24 Calculation of rates
  Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
• Section 15-12-24.1 Withdrawals from fair trial tax fund to pay expenses
  Repealed by Act 2011-678, p. 1862, §9, effective June 14, 2011.
• Section 15-12-25 Reimbursement of fees of court appointed counsel by defendant; 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...
• Section 15-12-26 Contract counsel system - Selection and appointment of counsel
  (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...
• Section 15-12-27 Contract counsel system - Procedures mandatory
  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...
• Section 15-12-28 Contract counsel system - Records, reports, and attorney-client 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...
• Section 15-12-29 Contract counsel system - Construction of sections
  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...
• Article 3 Public Defenders.
• Section 15-12-40 Establishment of public defender office; selection and appointment of 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...
• Section 15-12-41 Term of office; removal; requirement of service
  (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...
• Section 15-12-42 Powers and duties
  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...
• Section 15-12-43 Compensation and expenses
  (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...
• Section 15-12-44 Recordkeeping; confidentiality of attorney-client communications
  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...
• Section 15-12-45 Approval of expenditures, salaries, etc.; employment of assistants, 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...
• Section 15-12-46 Applicability of article to establishment of appointed counsel or 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...

Last modified: May 3, 2021