State of Alabama Department of Finance Docket 355-9-1-.08 Proposed Rule

al-al-6a6a38bceca5e77a5cfa4455: 355-9-1-.08 — ndigent Defense Advisory Boards; Required Attorney Qualifications

Comment Period Closed

Public comment closed · opened August 31, 2026.

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What this rule does

The proposed amendment to the indigent defense rules specifies that the composition of Indigent Defense Advisory Boards must follow established guidelines and broadens the continuing legal education requirements for attorneys to include juvenile law. It also introduces a new qualification tier for attorneys handling Class D felonies and eliminates the separate seminar requirement for capital murder cases.

Plain-language description generated by AI — not the agency’s official summary, which we have not captured for this rule. Read the official text →

The rule, in full

1,996 words as published, August 31, 2026. View the original →

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control: 355 Department or Agency: Alabama Department of Finance Rule No.: 355-9-1-.08 ndigent Defense Advisory Boards; Required Attorney Rule Title: Qualifications 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 Is there another, less restrictive method of regulation available that could adequately protect the public? 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 that might result from the absence of the proposed rule?the harm NA Are all facets of the rule-making process designed solely for the protection of the public?ave, as their primary effect, the No Does the proposed action relate to or affect in any manner any matter of the proposed rule?is a party to concerning the subject No 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 I certify that the attached proposed rule has been proposed in full compliance 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. D Signature of certifying officer Jeffrey B Garber D & F IL E Jeffrey B Garber R E C ’ 26 A UG 4,2 0 Date Tuesday, August 4, 2026 C AG E N C Y G I L AT IVE SV LE APA-2 ALABAMA DEPARTMENT OF FINANCE NOTICE OF INTENDED ACTION AGENCY NAME: State of Alabama Department of Finance 355-9-1-.08 ndigent Defense Advisory Boards; RULE NO. & TITLE: Required Attorney Qualifications INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: The proposed amendment adds a reference that Indigent Defense Advisory Board composition must comply with 15-12-4. It broadens the continuing legal education requirement for appointed counsel to include juvenile law and adds a new qualification tier for attorneys handling Class D felonies and removes the separate capital murder seminar requirement. TIME, PLACE AND MANNER OF PRESENTING VIEWS: Written comments regarding the proposed amendment to Rule 355-9-1.03 may be submitted to the Director of OIDS, Chris Roberts, 100 North Union Street, Suite 680, Montgomery, AL or by email to christopher.roberts@oids.alabama.gov and must be received by 4:30 p.m. Central Time on the final date for comment. 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-.08 ndigent Defense Advisory Boards; Required Attorney Qualifications. (1) Act 2011-678 established an Indigent Defense Advisory Board ("the Board") in each judicial circuit. Each Board's composition must comply with Ala. Code §15-12-4. 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 -

2. Must complete a minimum of six (6) hours per year of

continuing legal education credits, approved by the Alabama State Bar, in criminal or juvenile 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:

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; 1-.08-1

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:

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 aat least ten (10) hours of capital

murder seminardefense related continuing legal education 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:

3. Whether the attorney has sufficient criminal trial

experience in light of the seriousness of criminal charges constituting Class D felonies in Alabama. (h) 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:

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)(i) 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:

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)(j) 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)(k) 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:

2. The degree of familiarity with the Rules of Appellate

Procedure, Rules of Professional Conduct and the current criminal practice and procedure in Alabama. 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-.08-5

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