In accordance with §
15-12-21(e) of the Code of Alabama, appointed counsel shall submit a bill for services
rendered no more than 90 days after the conclusion of the trial or ruling on a
motion for a new trial or after acquittal or other judgment disposing of the
case. The 90 day statutory period shall begin to run at the later of the
following -
(1) acquittal of the
defendant or
(2) at sentencing of
the defendant or subsequent order of the Court that disposes of any remaining
issues not addressed at sentencing, i.e. probation, restitution, etc. or
(3) the trial court's ruling on
any post-judgment motion filed by either the prosecution or the defendant which
ruling starts the time for filing a notice of appeal under Alabama law or rules
of court or
(4) the trial court's
granting of a motion to withdraw or order removing counsel from representation
in the matter.
(a) Attorneys appointed to
represent defendants in capital murder cases may submit fee declarations on a
semi-annual basis for interim payment of work performed and expenses incurred
during the semi-annual period. An attorney seeking interim payment must include
a written notice with the fee declaration informing OIDS of the semi-annual
billing and upload a copy of each prior interim billing submitted for that
case.
(b) In juvenile cases, the
disposition date for the case shall be date of the judge's final order of
adjudication or the date of the final disposition hearing or the date of the
judge's order disposing of all post-trial motions or hearings, whichever date
is the latest.
(c) Fee declarations
for dependency cases must be submitted to OIDS within 90 days of the judge's
final order of adjudication of dependency. OIDS will accept fee declarations
for post-adjudication proceedings such as review hearings or permanency
determinations annually.
(d) Fee
declarations must be submitted within 90 days of the date a judge grants a
timely filed motion to withdraw from a case.
(e) Appointed counsel may submit a fee
declaration before final disposition on any case that is assigned to a court's
administrative docket or 60 days following a defendant's "Failure to Appear" or
if bound over to the Grand Jury without action after one year. The fee
declaration must be submitted to OIDS prior to the case being placed on an
active docket to receive payment before final disposition. The 90 day
requirement does not apply where there has been no final disposition.
(f) The failure of appointed counsel to
submit a fee declaration within the 90-day period, as set out above, shall
result in the denial of payment by OIDS. An attorney adversely affected by OIDS
action with respect to the 90-day period may seek relief, as set out in
355-9-1-.05.
Notes
Ala. Admin. Code r. 355-9-1-.04
Amended by
Alabama
Administrative Monthly Volume XXXIV, Issue No. 02, November 30,
2015, eff. 12/23/2015; operative
1/4/2016.
Author: C. Roberts
Statutory Authority:
Code of Ala.
1975, §
41-4-322(h).
