Alabama § 15-12-4 - Voluntary Indigent Defense Advisory Boards.

§ 15-12-4. Voluntary Indigent Defense Advisory Boards.

(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 president of the local circuit bar association, two attorneys who regularly practice in the criminal or juvenile courts of the judicial circuit, and one other attorney, all selected by the bar commissioner or commissioners for that circuit.

(2) In the event the presiding judge has a conflict of interest that prevents his or her service on the board, the presiding judge shall designate another member of the judiciary from within the circuit to serve on the board.

(3) The membership of the voluntary indigent defense advisory board in each judicial circuit shall be inclusive and reflect the racial, gender, urban, rural, and economic diversity of the judicial circuit.

(4) In a multi-county circuit, the bar commissioner or commissioners shall select the president of a county bar association existing within the circuit to serve on the indigent defense advisory board.

(5) Each member shall serve for a term of one year from the date of appointment and members may be reappointed.

(6) Vacancies on the indigent defense advisory board shall be filled by the presiding judge.

(c) Members of the board shall serve without compensation; except, that necessary travel expenses in connection with board business shall be paid by the office in the same manner as for state employees generally.

(d) The board shall meet at least once quarterly and shall meet whenever so requested by the presiding circuit judge or by two members of the board. Three members shall constitute a quorum for conducting business.

(e) The board shall perform the following duties and have the following powers:

(1) Analyze, study, and determine the method of indigent defense systems to be used in the circuit. The director may appeal the determination of the board to the Indigent Defense Review Panel. The Indigent Defense Review Panel shall make a decision in a timely manner, which decision shall be deemed final.

(2) Provide to the director any information reasonably requested regarding the indigent defense systems used or recommended for the circuit.

(3)a. At the request of the director, review and provide written recommendations on any statements, fee declarations, cumulative timesheets, or bills rendered or submitted for the provision of indigent defense services in the circuit.

b. In reviewing any fee declarations or cumulative timesheets, the board shall consider all of the following:

1. Billing standards and practices established by the director and contained in Chapter 355-9-1 of the Alabama Administrative Code.

2. The prior billing history of the attorney, which shall be provided by the Office of Indigent Defense Services along with the fee declaration.

3. Any prior fee voucher adjustment that resulted in a reduction of requested fees or other recommended remedial action and the nature of the remedial action as determined by the director.

c. Following the review of a fee declaration, but prior to the issuance of any written recommendation to the director, the board shall provide the attorney with an opportunity to provide evidence and argument in support of the fee voucher.

d. The board shall submit a written report containing recommendations based on its review of the fee voucher and its communications with the attorney of record.

(4) Convene a meeting of all attorneys handling court appointed representation of indigent defendants to review billing standards and practices adopted by the Office of Indigent Defense Services.

(f) Members of the board shall have the same immunity afforded to state agents as provided in Section 36-1-12.