Ala. Admin. Code r. 355-9-1-.04

Current through Register Vol. 42, No. 7, April 30, 2024

Section 355-9-1-.04 - Time Limit For Submission Of Attorney Fee Declaration To OIDS

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.

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).