al-al-6a6a1d11eca5e77a5cfa1b4d: 355-9-1-.04 — Time Limit For Submission Of Attorney Fee Declarations To OIDS

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control: 355 Department or Agency: Alabama Department of Finance Rule No.: 355-9-1-.04 Time Limit For Submission Of Attorney Fee Rule Title: Declarations To OIDS Intended Action Amend Would the absence of the proposed rule significantly harm or No endanger the public health, welfare, or safety? Is there a reasonable relationship between the state’s police power and the protection of the public health, safety, or welfare? Yes that could adequately protect the public? of regulation available No Does the proposed rule have the effect of directly or indirectly No increasing the costs of any goods or services involved? To what degree?: N/A Is the increase in cost more harmful to the public than the harm NA that might result from the absence of the proposed rule? Are all facets of the rule-making process designed solely for the purpose of, and so they have, as their primary effect, the No protection of the public? litigation which the agency is a party to concerning the subject No matter of the proposed rule? Does the proposed rule have an economic impact? No If the proposed rule has an economic impact, the proposed rule is required to be accompanied by a fiscal note prepared in accordance with subsection (f) of Section 41-22-23, Code of Alabama 1975. Certification of Authorized Official with the requirements of Chapter 22, Title 41, Code of Alabama 1975, and that it conforms to all applicable filing requirements of the Administrative Procedure Division of the Legislative Services Agency. Signature of certifying officer Jeffrey B Garber R E C ’ D & F IL E D Jeffrey B Garber Date Tuesday, August 4, 2026 AU G 4 ,202 6 C Y L E G I L AT IVE SV C AG E N APA-2 ALABAMA DEPARTMENT OF FINANCE NOTICE OF INTENDED ACTION AGENCY NAME: State of Alabama Department of Finance 355-9-1-.04 Time Limit For Submission Of RULE NO. & TITLE: Attorney Fee Declarations To OIDS INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: The proposed amendment revises the time limit for submission of attorney fee declarations to OIDS in accordance with the October 1, 2024 amendment to 15-12-21 that establishes a 120-day submission deadline for cases where counsel's appointment occurred on or after October 1, 2024, while retaining the 90-day deadline under 15-12-21(e) for appointments preceding that date. The rule further clarifies what events start the applicable statutory period, such as acquittal, sentencing, et cetera. TIME, PLACE AND MANNER OF PRESENTING VIEWS: Written comments regarding the proposed amendment may be submitted to Chris Roberts, Office of Indigent Defense Services, 100 North Union Street, Suite 680, Montgomery, Alabama 36104 or by Email: Christopher.Roberts@oids.alabama.gov. Comments must be received on or before 10/05/2026 by 4:30 p.m. Central Time. FINAL DATE FOR COMMENT AND COMPLETION OF NOTICE: Monday, October 5, 2026 CONTACT PERSON AT AGENCY: Christopher Roberts, christopher.roberts@oids.alabama.gov Jeffrey B Garber Jeffrey B Garber (Signature of officer authorized to promulgate and adopt rules or his or her deputy) 355-9-1-.04 Time Limit For Submission Of Attorney Fee Declarations To OIDS. In accordance with §15-12-2l(e) of the Code of Alabama, amended effective October 1, 2024, 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 in cases wherein counsel's original appointment preceded October 1, 2024. In accordance with § 15-12-21(f) of the Code of Alabama, appointed counsel shall submit a bill for the services rendered no more than 120 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 in cases wherein counsel's appointment occurred on or after October 1, 2024. The applicable 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, provided said order was entered prior to disposition of 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) FeeInterim fee declarations for dependency cases mustmay be submitted to OIDS within 90 days ofupon 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 thereafter. 1-.04-1 (d) Fee declarations must be submitted within 90 days of the datethe applicable statutory time period when a judge grants a timely filed motion to withdraw from a case. (e) Appointed counsel may submit aan interim 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-dayapplicable statutory time 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-daytime period may seek relief, as set out in 355-9-1-.05. Author: C. Roberts Statutory Authority: Code of Ala. 1975, §41-4-322(h). History: New Rule: Filed November 18, 2015; effective December 23, 2015; operative January 4, 2016. Amended: Published ______; effective ______. 1-.04-2