Ala. Admin. Code r. 355-9-1-.08 - Indigent Defense Advisory Boards; Required Attorney Qualifications
(1) Act 2011-678
established an Indigent Defense Advisory Board ("the Board") in each judicial
circuit. Under the Act, the Board is directed to, among other things, determine
the method of delivering indigent defense services to be used in its respective
circuit, which methods of delivery may include, but are not limited to, the use
of appointed counsel, contract counsel, or public defenders or a combination of
any of these. In choosing the method of delivery of indigent defense services
for a judicial circuit, the Board "shall select the most efficient and
effective counsel system available in each county or circuit, or parts of the
county or circuit." (See Code of Ala. 1975, §
41-4-322(d).)
In order to provide the most efficient and effective indigent defense services,
either by the appointment of counsel by a judge or the selection of counsel
under contract by the Board, the following qualifications are mandatory:
(a) Each attorney appointed or selected to
provide indigent defense representation must -
1. Be a member in good standing with the
Alabama State Bar, and
2. Must
complete a minimum of six (6) hours per year of continuing legal education
credits, approved by the Alabama State Bar, in criminal law beginning after the
attorney is appointed or selected.
(b)
Capital Murder - to act as
Lead Counsel in a capital case, the
attorney, whether appointed or public defender, must, in addition to the
mandatory qualifications in (a) above, possess the following minimum
qualifications:
1. Must have at least five
(5) years of criminal litigation experience.
2. Must be familiar with the Alabama Rules of
Professional Conduct, must be familiar with current criminal practice and
procedure in Alabama, must be familiar with capital jurisprudence established
by the U.S. Supreme Court and the Supreme Court of Alabama;
3. Must have litigated a capital case to
verdict, hung jury, or plea as associate counsel, or have litigated four (4)
homicide cases to verdict, hung jury, or plea;
4. Must have substantial familiarity with,
and experience in the use of, expert witnesses and scientific and medical
evidence in litigation;
5. Must
complete at least ten (10) hours of capital defense related continuing legal
education every two (2) years.
(c)
Capital Murder - To act as
Associate Counsel in a capital case, the
attorney, whether appointed or public defender, must in addition to the
mandatory qualifications in (a) above, possess the following minimum
qualifications:
1. Must have at least three
(3) years of criminal litigation experience;
2. Must be familiar with the Alabama Rules of
Professional Conduct, must be familiar with current criminal practice and
procedure in Alabama, must be familiar with capital jurisprudence established
by the U.S. Supreme Court and the Supreme Court of Alabama;
3. Must have participated as trial counsel in
at least four (4) jury trials to verdict or hung jury;
4. Must have substantial familiarity with,
and experience in the use of, scientific and medical evidence in
litigation;
5. Must complete a
capital murder seminar every two (2) years.
(d)
Class A Felonies - To act as
defense attorney in a Class A felony case, whether appointed, contract counsel,
or public defender, an attorney must meet the qualifications as determined by
the person or entity responsible to appoint or select the attorney. In addition
to the mandatory qualifications in (a), above, any appointment or selection
should take into account the following factors:
1. The amount of criminal litigation
experience possessed by the attorney;
2. The degree of familiarity with the Rules
of Professional Conduct and the current criminal practice and procedure in
Alabama; and
3. Whether the
attorney has sufficient criminal trial experience in light of the seriousness
of criminal charges constituting Class A felonies in Alabama.
(e)
Class B Felonies
- To act as defense attorney in a Class B felony case, whether appointed,
contract counsel, or public defender; an attorney must meet the qualifications
as determined by the person or entity responsible to appoint or select the
attorney. In addition to the mandatory qualifications in (a), above, any
appointment or selection should take into account the following factors:
1. The amount of criminal litigation
experience possessed by the attorney;
2. The degree of familiarity with the Rules
of Professional Conduct and the current criminal practice and procedure in
Alabama; and
3. Whether the
attorney has sufficient criminal trial experience in light of the seriousness
of criminal charges constituting Class B felonies in Alabama.
(f)
Class C Felonies
- To act as defense attorney in a Class C felony case, whether appointed,
contract counsel, or public defender, an attorney must meet the qualifications
as determined by the person or entity responsible to appoint or select the
attorney. In addition to the mandatory qualifications in (a), above, any
appointment or selection should take into account the following factors:
1. The amount of criminal litigation
experience possessed by the attorney;
2. The degree of familiarity with the Rules
of Professional Conduct and the current criminal practice and procedure in
Alabama; and
3. Whether the
attorney has sufficient criminal trial experience in light of the seriousness
of criminal charges constituting Class C felonies in Alabama.
(g)
Juvenile Cases -
To act as defense attorney in a Juvenile case, whether appointed, contract
counsel, or public defender, an attorney must meet the qualifications as
determined by the person or entity responsible to appoint or select the
attorney. In addition to the mandatory qualifications in (a), above, any
appointment or selection should take into account the following factors:
1. The amount of juvenile litigation
experience possessed by the attorney;
2. The degree of familiarity with the Rules
of Professional Conduct and the current criminal and juvenile practice and
procedure in Alabama possessed by the attorney;
3. Whether the attorney has exhibited
proficiency and commitment to providing quality representation to juvenile
offenders; and
4. Whether the
attorney has completed a minimum of three (3) hours per year of continuing
legal education credits, approved by the Alabama State Bar, in juvenile law or
practice.
(h)
Guardian Ad Litem (GAL) - To act as GAL, an attorney must meet the
qualifications as determined by the person or entity responsible to appoint or
select the attorney. In addition to the mandatory qualifications in (a), above,
any appointment or selection should take into account the following factors:
1. The degree of familiarity with the Rules
of Professional Conduct and the current criminal and juvenile practice and
procedure in Alabama possessed by the attorney;
2. Whether the attorney has completed a
minimum of three (3) hours of continuing legal education credits approved by
the Alabama State Bar and specifically related to GAL practice; and
3. Whether the attorney has completed GAL
training and certification required by the Alabama Administrative Office of
Courts (AOC). Said certification must be maintained on a continuous basis as
reported by AOC.
(i)
Misdemeanors and Traffic - To act as defense attorney in a
misdemeanor or traffic case, whether appointed, contract counsel, or public
defender, an attorney must meet the qualifications as determined by the person
or entity responsible to appoint or select the attorney. In addition to the
mandatory qualifications in (a), above, any appointment or selection should
take into account the following factors:
1.
The degree of familiarity with the Rules of Professional Conduct and the
current criminal practice and procedure in Alabama; and
2. Whether the attorney has exhibited
professionalism, proficiency, and commitment to providing quality
representation to offenders charged with misdemeanors and traffic
offenses.
(j)
Appeals - To act as defense attorneys in an appeal whether
appointed, contract counsel, or public defender, an attorney must meet the
qualifications as determined by the person or entity responsible to appoint or
select the attorney. In addition to the mandatory qualifications in (a), above,
any appointment or selection should take into account the following factors:
1. The amount of appellate experience
possessed by the attorney; and
2.
The degree of familiarity with the Rules of Appellate Procedure, Rules of
Professional Conduct and the current criminal practice and procedure in
Alabama.
Notes
Author: C. Roberts
Statutory Authority: Code of Ala. 1975, § 41-4-322(h).
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