Section 15-12-4

Circuit indigent defense commissions.

(a) Creation. - In each judicial circuit, the presiding circuit judge shall appoint an indigent defense commission.

(b) Composition; qualifications, appointment, term of office and removal of members; vacancies. - The indigent defense commission shall be composed of five members who are residents of the judicial circuit in which they are appointed. There shall be two members who are attorneys licensed to practice law in Alabama, one member who is a member of a county commission within the circuit, one member who is the mayor or a member of the governing body of a municipality within the circuit, and one member who is a nonlawyer citizen. Each member shall serve for a term of six years from the date of appointment, unless removed for cause by the presiding circuit judge after notice and a hearing. Vacancies on the commission shall be filled by the presiding judge.

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

(d) Meetings generally; quorum; chair. - The indigent defense commission shall meet at least once annually and shall meet whenever so requested by the presiding circuit judge. Three members shall constitute a quorum for conducting business. One member shall be designated a chair by majority vote of the members.

(e) Powers and duties. - The indigent defense commission shall perform the following duties and have the following powers:

(1) It shall advise the presiding circuit judge on the indigent defense system to be utilized in each county of the circuit.

(2) It shall advise the presiding circuit judge on the operation and administration of indigent defense systems within the circuit.

(3) It shall select the public defender by majority vote, if a public defender system is established within the circuit, determine the budget for the public defender and supervise the operation of the public defender office. It may remove the public defender for cause after notice and a hearing.

(4) It shall select, in accordance with procedures promulgated by the Administrative Director of Courts, one or more contract counsel by majority vote, if a contract counsel system is established within the circuit; contract with such entities, subject to the approval of the presiding circuit judge; and determine the compensation to be paid to contract counsel under each contract, subject to the review of the Administrative Director of Courts and the approval of the State Comptroller. Notwithstanding this section or any other law to the contrary, no presiding judge or indigent defense commission shall by rule, regulation, or otherwise prohibit a circuit court judge or a district court judge from appointing any attorney licensed in Alabama to represent an indigent defendant.

(Acts 1975, No. 1205, §9-104; Acts 1995, No. 95-757, p. 1770, §1.)