|
15-12-5
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 Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-5.htm - 2K - Match Info - Similar pages
41-4-322
Section 41-4-322 Programs; director; standards; duties of director and local indigent defense
advisory board; budget. (a) The office shall develop and improve programs to provide legal
representation to indigents. (b) The office shall have a director, who shall be chosen by
the Director of Finance on the basis of training, experience, and other qualifications. The
term of office shall be three years, subject to termination for cause. The person selected
as Director of the Office of Indigent Defense Services, in addition to the above qualifications
and experience, shall be an attorney licensed to practice law in the State of Alabama. The
director shall be chosen from a list of three qualified candidates nominated by the Alabama
State Bar Board of Bar Commissioners within 60 days of a vacancy occurring. The Director of
Finance shall serve as the Director of Indigent Defense Services on an interim basis if a
vacancy exists. If the Alabama State Bar Board of Bar Commissioners fails to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-4-322.htm - 5K - Match Info - Similar pages
41-4-323
Section 41-4-323 Purpose; employees; compensation and benefits; payment of expenses; implementation;
additional duties of director. (a) The Office of Indigent Defense Services is established
to carry out the administrative duties relating to the provision of indigent defense services.
The director shall use existing employees of the Department of Finance and its existing offices,
as assigned by the Director of Finance. The director's salary shall not exceed the state salary
paid to a district attorney and be paid at the same time and in the same manner that salaries
of other state employees are paid. The Director of the Office of Indigent Defense Services
shall be entitled to annual and sick leave, insurance, retirement, and other state employee
benefits, including cost-of-living raises authorized by the Legislature for state employees.
(b) The director may enter into contracts, and accept funds, grants, and charitable donations
from any public or private source to pay expenses...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-4-323.htm - 6K - Match Info - Similar pages
15-12-22
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 or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-22.htm - 4K - Match Info - Similar pages
15-12-23
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 including proceedings for habeas corpus
or other post-conviction remedies, the trial or presiding judge or chief justice of the court
in which the proceedings may be commenced or pending may appoint counsel through an indigent
defense system approved by the office to represent and assist indigent defendants if it appears
to the court that the indigent defendant 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 indigent defendant.
(b) In proceedings filed in the district or circuit court involving the life and liberty of
those persons charged or adjudicated for juvenile offenses...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-23.htm - 3K - Match Info - Similar pages
45-41-83.10
of those participating in the program. (3) Promote gainful employment, drug, alcohol, and mental
health treatment, and education for those participating in any of the services offered by
the program. (4) Set, assess, and collect reasonable fees from participants in the program
for any services the participants receive and provide for the waiver of fees for indigent
participants in accordance with the policy and procedures of the program. (5) Buy, sell, lease,
or otherwise hold real or personal property in its own name. (6) Contract with other
persons, partnerships, firms, or entities for the provision of goods and services required
by the board, on terms and conditions as may be convenient to the board, and as allowed by
the laws and regulations concerning purchases made by public boards in the State of Alabama.
(7) Contract for its programs and services with a not-for-profit corporation or governmental
entity to provide for supervised postadjudication rehabilitation supervision,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41-83.10.htm - 4K - Match Info - Similar pages
12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-70.htm - 4K - Match Info - Similar pages
41-16-72
Section 41-16-72 Procurement of professional services. Any other provision of law notwithstanding,
the procurement of professional services by any agency, department, board, bureau, commission,
authority, public corporation, or instrumentality of the State of Alabama shall be conducted
through the following selection process: (1)a. Except as otherwise provided herein, attorneys
retained to represent the state in litigation shall be appointed by the Attorney General in
consultation with the Governor from a listing of attorneys maintained by the Attorney General.
All attorneys interested in representing the State of Alabama may apply and shall be included
on the listing. The selection of the attorney or law firm shall be based upon the level of
skill, experience, and expertise required in the litigation and the fees charged by the attorney
or law firm shall be taken into consideration so that the State of Alabama receives the best
representation for the funds paid. Fees shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16-72.htm - 16K - Match Info - Similar pages
11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-3A-2.htm - 7K - Match Info - Similar pages
15-12-20
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 of this state
created by authority of the Constitution of Alabama 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
in accordance with policies and procedures established by the Office of Indigent Defense Services.
(Acts 1963, No. 526, p. 1136, §1; Acts 1971, No. 2420, p. 3851; Acts 1975, No. 1205, §9-108;
Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-20.htm - 1K - Match Info - Similar pages
|