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15-12-26
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 thereof. The indigent defense advisory board shall be consulted
and make a determination on the selection and appointment of contract counsel for 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. (b) If an indigent defense advisory board chooses
to explore a contract counsel system within a circuit or part thereof, the indigent defense
advisory board shall follow the procedures of the director for requesting and accepting applications
or proposals for such contracts and shall make a recommendation for contract counsel to the
director. The indigent defense advisory board...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-26.htm - 1K - 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...
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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
15-12-21
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 right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, 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 indigent 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...
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15-12-1
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
of Alabama who is appointed by the court to represent an indigent defendant. (2) 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. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) 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 or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-1.htm - 4K - Match Info - Similar pages
15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-200.htm - 8K - Match Info - Similar pages
15-12-4
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 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-12-4.htm - 2K - 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
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
12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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