HB127 By Representative Hill (J) RFD Judiciary Rd 1 09-FEB-16

SYNOPSIS: Under existing law, a voluntary indigent defense advisory board is created in each judicial circuit to analyze, study, and determine the method of indigent defense systems to be used in the circuit.

This bill would require the advisory board to meet at least once a year rather than once a quarter, would provide civil immunity for actions taken by the advisory board, and would authorize the Office of Indigent Defense Services to adopt rules to be followed by the advisory board.

A BILL TO BE ENTITLED AN ACT

To amend Section 15-12-4, Code of Alabama 1975, relating to voluntary indigent defense advisory boards, to require the board to meet annually; to provide civil immunity for actions taken by the advisory board; and to authorize the Office of Indigent Defense Service to adopt rules.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 15-12-4, Code of Alabama 1975, is amended to read as follows:

§15-12-4.

"(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 members; vacancies. - The voluntary indigent defense advisory 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 and three other attorneys all selected by the bar commissioner or commissioners for that circuit. The membership of the voluntary indigent defense advisory board in each judicial circuit shall be inclusive and reflect the racial, gender, and economic diversity of the judicial circuit. 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. Each member shall serve for a term of one year from the date of appointment and members may be reappointed. Vacancies on the indigent defense advisory board shall be filled by the presiding judge.

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

"(d) Meetings generally; quorum; chair. The voluntary indigent defense advisory board shall meet at least once quarterly annually 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) Powers and duties. The voluntary indigent defense advisory 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 indigent defense advisory 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) At the request of the director, review and provide comment on any statements or bills rendered or submitted for the provision of indigent defense services in the circuit.

"(f) A member of the advisory board is not liable for civil damages as a result of his or her acts or omissions as an advisory board member, unless the act or omission causing the damages was the result of his or her willful or wanton misconduct.

"(g) The Office of Indigent Defense Services shall adopt rules governing the activities of the voluntary indigent defense advisory boards."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Indigent Defense Advisory Board

Office of Indigent Defense Services

Code Amended