Rule 8. Defense services

ALABAMA RULES OF JUDICIAL ADMINISTRATION

Rule 8.

Defense services.

(A)

Determination of indigent defense system for the circuits pursuant to

statute. When a majority of the circuit judges in a circuit having two or more such

judges cannot determine the manner in which indigent defense services are to be

furnished, the presiding circuit judge, with the advice and consent of the indigent

defense commission, shall determine the indigent defense system to be used in

each county of the circuit.

(B)

Reports to administrative director of courts. Indigent defense

commissions in each circuit shall make written reports, including, but not limited

to, budgetary requirements and costs of furnishing indigent defense services within

the circuit, to the administrative director of courts (“ADC”) at such intervals as the

ADC shall require.

[Amended 9-28-87; eff. 10-1-87.]

Comment

This rule should be read in conjunction with Ala.Code 1975, Sections 125-

10 and 15-12-2.

Subdivision (A) of the rule was adopted to provide a method for selecting an

indigent defense system in circuits or counties, should a consensus of the majority

of circuit judges fail to be obtained as provided in Ala.Code 1975, Section 15-12-

2.

Subdivision (B) is a restatement of the authority granted the ADC by

Ala.Code 1975, Section 12-5-10 to require the filing of reports and collection of

data for the operation and improvement of the Unified Judicial System.