Section 15-12-22

Appointment and compensation of counsel - Appeals.

(a) In all criminal cases wherein a defendant has been convicted of a serious offense in which an appeal lies directly to the Supreme Court or Court of Criminal Appeals and the defendant expresses his or her desire to appeal the conviction, the court shall cause to be entered upon its minutes a recital of notice of appeal, and the court shall then ascertain and make findings in reference to the appeal concerning those items listed in Section 15-12-20.

(b) If it appears that the defendant desires to appeal and is unable financially or otherwise to obtain the assistance of counsel on appeal and the defendant expresses the desire for assistance of counsel, the trial court shall appoint counsel to represent and assist the defendant on appeal. The presiding judge of the court to which the appeal is taken shall have authority to appoint counsel 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 counsel, as an officer of the court and as a member of the bar, to represent and assist the defendant in the appeal.

(c) If it appears that a juvenile who is a party to an appeal is otherwise required by law or by rule of court to be represented by appointed counsel, the trial court shall appoint counsel to represent and assist the juvenile on appeal. The presiding judge of the court to which the appeal is taken shall have authority to appoint counsel 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 counsel, as an officer of the court and as a member of the bar, to represent and assist the juvenile in the appeal.

(d) Counsel appointed to defend any indigent defendant for the appeal from a decision in any criminal or juvenile proceeding, excluding cases tried de novo in circuit court on appeal from a juvenile proceeding, shall be entitled to receive for their services a fee to be approved by the appellate court.

(1) The amount of the fee shall be based on the number of hours spent by the counsel in working on the appeal and shall be computed at the rate of fifty dollars ($50) per hour for time reasonably expended in the prosecution of the appeal, and any subsequent petition for writ of certiorari.

(2) Effective October 1, 2000, the amount of the fee shall be based on the number of hours spent by the attorney in working on the prosecution of the appeal and shall be computed at the rate of sixty dollars ($60) per hour for time reasonably expended in the prosecution of the appeal, and any subsequent petition for writ of certiorari.

(3) The total fees awarded to any one attorney in any appeal and any subsequent petition for writ of certiorari, shall not, however, exceed two thousand dollars ($2,000), and shall be in addition to any fees awarded on the trial court level. In those cases where the state takes a pretrial appeal, appointed counsel shall be entitled to bill separately for services on the pretrial and post-trial appeals, up to two thousand dollars ($2,000) for each appeal. In those cases where a petition for writ of certiorari is filed in the Alabama Supreme Court, counsel shall be entitled to bill separately for all services rendered after the Court of Criminal Appeals overrules the application for rehearing, or after the decision of the Court of Criminal Appeals in the case of a pretrial appeal, up to a separate limit of two thousand dollars ($2,000) over and above any funds received for services rendered in the Court of Criminal Appeals. The counsel shall also be entitled to be reimbursed for any expenses reasonably incurred in preparing and handling the appeal, to be approved in advance by the appellate court.

(e) Within a reasonable time after the disposition of the appeal, counsel shall submit to the appellate court a bill for services rendered, not to exceed the amount provided in subsection (d), and the bill, when approved by the presiding judge or chief justice of the appellate court, shall be submitted by the clerk of the appellate court to the State Comptroller for audit and, if approved by the Comptroller, forwarded to the State Treasurer for payment.

(Acts 1963, No. 526, p. 1136, §§4, 5; Acts 1971, No. 2420, p. 3851; Acts 1981, No. 81-717, p. 1204, §3; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §1; Act 99–427, §1.)