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Chris E. Roberts August 24, 2016 Huntsville, AL

HOW TO GET PAID (or at least not have the claim slowed down in OIDS processing) and OTHER RANDOM BITS OF INFORMATION. Chris E. Roberts August 24, 2016 Huntsville, AL. STATE OF ALABAMA D EPARTMENT OF FINANCE ADMINISTRATIVE CODE CHAPTER 355-9-1 OFFICE OF INDIGENT DEFENSE SERVICES

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Chris E. Roberts August 24, 2016 Huntsville, AL

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  1. HOW TO GET PAID(or at least not have the claim slowed down in OIDS processing) andOTHER RANDOM BITS OF INFORMATION Chris E. Roberts August 24, 2016 Huntsville, AL

  2. STATE OF ALABAMA DEPARTMENT OF FINANCE ADMINISTRATIVE CODE CHAPTER 355-9-1 OFFICE OF INDIGENT DEFENSE SERVICES 355-9-1-.01 Creation of Office of Indigent Defense Services ("OIDS"). The Office of Indigent Defense Services (known hereinafter as "OIDS") was created as a division of the Alabama Department of Finance by the legislature by Act 2011-678 ("the Act"). The purpose of OIDS is to administer the system of defense for criminal defendants or juveniles found by a court to be unable to pay for legal representation in a trial or appellate proceeding.

  3. STATISTICAL INFORMATION STATEWIDE – FISCAL YEAR 2015 CLAIM TYPE NUMBER OF CLAIMS AP 384 CC 519 CF 45 CR 659 FA 1995 FB 3671 FC 10,232 JU 15,360 OT 9539 TOTAL 43,045

  4. MADISON COUNTY – STATISTICAL INFORMATION

  5. REVENUE BREAKDOWN

  6. RULES OF PROFESSIONAL CONDUCT: CLIENT-LAWYER RELATIONSHIP Rule 1.5. FEES (f) Without prior notification to and prior approval of the appointing court, no lawyer appointed to represent an indigent criminal defendant shall accept any fee in the matter from the defendant or anyone on the defendant's behalf. A lawyer appointed to represent an indigent criminal defendant may separately hold property or funds received from the defendant or on the defendant's behalf which are intended as a fee for the representation, as provided for by Rule 1.15, only if the lawyer promptly notifies the appointing court and promptly seeks its approval for accepting the property or funds as a fee. Committee Notes Lawyers appointed by a court to represent indigent criminal defendants are typically paid by the government, under various state or federal programs providing for the representation of indigent criminal defendants. When a criminal defendant, upon the basis of indigency, receives representation by a lawyer through a court appointment, the lawyer may not accept any fee from the defendant or from anyone acting on behalf of the defendant, unless the lawyer obtains the prior approval of the court. This prohibition prevents the defendant from abusing the system of court appointments. Furthermore, a lawyer who accepts a court appointment does so with the expectation that any fee in excess of the amount approved through the appointment system will be subject to further scrutiny by the court. When a criminal defendant is indigent at the time of appointment but is later able, through family, friends or other sources, to pay a fee to the lawyer, the lawyer may deposit the proffered fee, which may be kept separately in trust according to the Rules regulating the holding of property for clients or third persons. When the appointing court approves the acceptance of a fee from the defendant or on his behalf, then the Rules generally applicable to the disbursement of such property or funds apply. Otherwise the fee shall be disbursed first as the appointing court directs.

  7. RULES OF PROFESSIONAL CONDUCT: MAINTAINING THE INTEGRITY OF THE PROFESSION RULE 8.4. MISCONDUCT It is professional misconduct for a lawyer to: (a) Violate or attempt to violate the Rules of Professional Conduct . . . .

  8. Alabama Rules of Criminal Procedure Rule 6.3. Determination of indigency. (c) RECONSIDERATION. If, after an initial determination of indigency or nonindigency, there has been a material change in circumstances or new information concerning a defendant’s financial status becomes available, either the defendant requesting appointment of counsel, the defendant’s appointed attorney, or the prosecutor may move for reconsideration of the defendant’s financial status.

  9. § 15-12-21. Appointment and compensation of counsel - Trial court “(d) If the appropriate method for providing indigent defense services is by appointed counsel in a case described in subsections (a), (b), and (c), including cases tried de novo in circuit court on appeal from a juvenile proceeding, appointed counsel shall be entitled to receive for their services a fee to be approved by the trial court. The amount of the fee shall be based on the number of hours spent by the attorney in working on the case. The amount of the fee shall be based on the number of hours spent by the attorney in working on the case and shall be computed at the rate of seventy dollars ($70) per hour for time reasonably expended on the case. The total fees paid to any one attorney in any one case, from the time of appointment through the trial of the case, including motions for new trial, shall not exceed the following: “(1) In cases where the original charge is a capital offense or a charge which carries a possible sentence of life without parole, there shall be no limit on the total fee. “(2) Except for cases covered by subdivision (1), in cases where the original charge is a Class A felony, the total fee shall not exceed four thousand dollars ($4,000). “(3) In cases where the original charge is a Class B felony, the total fee shall not exceed three thousand dollars ($3,000). “(4) In cases where the original charge is a Class C or Class D felony, the total fee shall not exceed two thousand dollars ($2,000). “(5) In juvenile cases, the total fee shall not exceed two thousand five hundred dollars ($2,500). “(6) In all other cases, the total fee shall not exceed one thousand five hundred dollars ($1,500). Counsel shall also be entitled to be reimbursed for any nonoverheadexpenses reasonably incurred in the representation of his or her client, with any expense in excess of three hundred dollars ($300) subject to advance approval by the trial court as necessary for the indigent defense services and as a reasonable cost or expense. Reimbursable expenses shall not include overhead expenses. Fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant shall be approved in advance by the trial court as necessary for the indigent defense services and as a reasonable cost or expense. Retrials of any case shall be considered a new case for billing purposes. Upon review, the director may authorize interim payment of the attorney fees or expenses, or both.”

  10. TRIAL COURT CASES IN WHICH THERE IS NO FEE CAP Alabama Code Section 15-21-21(d)(1) provides: “In cases where the original charge is a capital offense or a charge which carries a possible sentence of life without parole, there shall be no limit on the total fee.” Capital Offense: §13A-5-40 Capital Felony: A case where the charge carries a possible sentence of life without possibility of parole. 1) Class A felony wherein client has three (3) prior felony convictions – §13A-5-9(c)(3) 2) Class A felony wherein client has three (3) prior felony convictions, including a prior Class A felony conviction – §13A-5-9(c)(4) 3) Drug Trafficking Enterprise – §13A-12-233 4) Rape 1st degree, Sodomy 1st Degree and Sexual Torture wherein victim is six (6) years of age or less and the offender is twenty-one (21) years of age or older – §13A-5-6(d)

  11. CAN THE FEE CAPS BE EXCEEDED OR WAIVED? TRIAL COURT- Alabama Code § 15-12-21 -There is currently no statutory authority for OIDS to exceed or waive the fee cap under § 15-12-21. APPEALS – Alabama Code § 15-12-22 -There is statutory authority for OIDS to waive the fee cap under §15-12-22(c)(2): “ . . . Notwithstanding the foregoing provisions of this subdivision, the maximum amounts set forth above in this subdivision may be waived by the appropriate appellate court and the director for good cause shown . . . “ POST-CONVICTION PROCEEDINGS – Alabama Code § 15-12-23 -There is statutory authority for OIDS to waive the fee cap under §15-12-23(d): “. . . Notwithstanding the foregoing, the maximum amount may be waived by the director for good cause shown . . . “ IF THE FEE CAP CAN BE WAIVED, WHAT SHOULD I DO? The statutes do not require pre-approval from OIDS to waive the cap. When submitting the claim, include documentation justifying waiver of the cap. Justifications include factors such as the length of the trial transcript, unique legal challenges in the case, research requirements, brief length, etc. The more detail you include, the easier it is for OIDS to make a decision on the waiver and requested amount.

  12. § 15-12-21. Appointment and compensation of counsel - Trial court “(e) Within a reasonable time after the conclusion of the trial or ruling on a motion for a new trial or after an acquittal or other judgment disposing of the case, not to exceed 90 days, counsel shall submit a bill for services rendered to the office. The bill shall be accompanied by a certification by the trial court that counsel provided representation to the indigent defendant, that the matter has been concluded, and that to the best of his or her knowledge the bill is reasonable based on the defense provided. The trial court need not approve the items included on the bill or the amount of the bill, but may provide any information requested by the office or the indigent defense advisory board relating to the representation. The bill for compensation of appointed counsel shall be submitted to the office. After review and approval, the office shall recommend to the Comptroller that the bill be paid. The office may forward the bill to the indigent defense advisory board for review and comment prior to approval. The Comptroller shall remit payment in a timely manner not to exceed 90 days from submission. In the event that payment is not made within 90 days of submission, counsel shall be entitled to receive interest at a rate of six percent until such payment is issued.” (Emphasis supplied).

  13. WHEN SHOULD I SUBMIT MY CLAIM? Alabama Code § 15-12-21(e): “Within a reasonable time after the conclusion of the trial or ruling on a motion for new trial or after an acquittal or other judgment disposing of the case, not to exceed 90 days, counsel shall submit a bill for services rendered to the office. . . .” Administrative Rule 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. . . . “(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. . . .” (Emphasis supplied).

  14. NOTES ON THE 90-DAY LIMITS: (1) Submitting Your Claim to Us – If you miss the deadline, go ahead and submit the claim. If the claim is denied by an OIDS auditor, you have two avenues for possible payment. The first is a Request for Reconsideration to me pursuant to Administrative Rule 355-9-1-05. The second is an appeal to the State Board of Adjustment. 355-9-1-.05 “Dispute Resolution Process Regarding Attorney Fee Declaration. Any dispute regarding the compensation due to be paid to an appointed attorney shall first be submitted in writing as a request for reconsideration by the attorney to the Director. Should the Director's decision with respect to the request for reconsideration be adverse to the appointed attorney, the appointed attorney may seek relief for the amount of compensation by filing a claim with the State Board of Adjustment in accordance with its statutes and rules, as found at Code of Ala. 1975, § 41-9-60 et seq. and at www.bdadj.alabama.gov, respectively. (2) Receiving Payment Within 90-Days - OIDS cannot begin to audit any claim until the certification required in § 15-12-21(e) is done. Once the trial judge has entered the order certifying the fee declaration, the claim enters the OIDS system. Our system lists claims chronologically by submission date. The submission date will be the date you submitted the claim, not the date the trial judge certified it. Issues that can affect the 90-day payment period: (a) Certification of the fee declaration right at or outside the 90-day period. (b) Necessary return of the claim for required documentation from the attorney. (c) Necessary return of the claim for a time sheet audit (more to come on this later in the presentation). (d) Denial of the claim.

  15. What things do OIDS auditors look for when reviewing a claim?

  16. BILLING STANDARDS Administrative Rule 355-9-1-.06 Billing Standards. “(a) Time recorded on a fee itemization submitted with a fee declaration form shall be in increments of 0.10 hours (six minutes), as follows: 1 to 6 minutes - 0.1 hours 7 to 12 minutes - 0.2 hours 13 to 18 minutes- 0.3 hours 19 to 24 minutes - 0.4 hours 25 to 30 minutes - 0.5 hours 31 to 36 minutes - 0.6 hours 37 to 42 minutes- 0.7 hours 43 to 48 minutes - 0.8 hours 49 to 54 minutes - 0.9 hours 55 to 60 minutes - 1.0 hours “. . . (f) Non-overhead expenses in excess of $300.00 must be approved by court order in advance of being incurred. Fees and expenses of all experts, investigators, and others rendering indigent defense services to be used by counsel for an indigent defendant shall be approved in advance by the trial court. To be reimbursed, appointed counsel must submit a fee declaration supported by copy of court order, invoices and receipts. Non-overhead expenses may be billed on an interim basis. All reimbursement will be in accordance with Alabama Law and The State of Alabama Fiscal Policy and Procedure.”

  17. ITEMIZATION OF TIMESHEET ENTRIES UNIFORM GUIDELINES FOR ATTORNEY FEE DECLARATIONSAPPOINTED COUNSEL AND INDIGENT REPRESENTATION COMMITTEE OF ALABAMA STATE BAR Activities are to be separately listed. All activities for which compensation is claimed shall be separately listed on contemporaneous time records in a form which satisfies the Office of Indigent Defense Services. CODE OF ALABAMA. SECTION 41-4-54. Accounts again state to be itemized. “All accounts against the state must be accurately and fully itemized.”

  18. TIMESHEET ENTRIES FOR JUVENILE CASES – CONFIDENTIAL INFORMATION -Fee declarations become public records once they are paid from the Fair Trial Tax Fund. Supporting documents that are uploaded such as orders, out-of-pocket receipts, invoices, etc. must be redacted before uploading into the Alabama Indigent Defense Claims Center (aidcc/OIDS website). -By submitting this itemized charge, I certify that any information deemed confidential by law has not been divulged, electronically or otherwise, in this fee declaration and its attachments. Confidential information includes, but is not limited to, the name of a Youthful Offender or any party to a juvenile matter and like identifying information. -Don’t use: 1) the name of the child, names of parent(s), grandparent(s), siblings, parties or other family members, 2) the addresses of the child, guardian, parties or family members, 3) the telephone numbers for the child, guardian, parties or family members. -Do use: 1) titles such as parent, teacher, social worker, etc. 2) initials Administrative Rule 355-9-1-.06(e): “In juvenile and youthful offender cases, names or any personally identifiable information of the child or parties to the matter must be redacted. Fee declarations containing this information, including uploaded supporting documents, will be denied and appointed counsel must re-file for payment.”

  19. TIMESHEET ENTRIES – STANDARD PROCEDURES MEMORANDUM To: All Indigent Defense Attorneys From: Chris E. Roberts, Director of Indigent Defense Services Date: July 14, 2015 Re: To establish reasonable times allowances for certain standard billing entries Pursuant to Act No. 2011-678, appointed counsel shall be entitled to receive for their services a fee to be certified by the trial court. The amount of the fee shall be based on the number of hours spent by the attorney in working on the case and shall be computed at the rate of seventy dollars ($70) per hour for the time reasonably expended on the case. It has been determined by OIDS that reasonable maximum times should be established for certain standard procedures routinely occurring in cases. The maximum times are set out below and are derived from average billing practices of attorneys in regard to these specific activities. Letter .3 hour Discovery Motion .5 hour Email to .1 hour Email from .1 hour Notice of Appearance .5 hour Motion to Continue .5 hour 404(b) Request .5 hour Notice of Appointment .1 hour Motion to Withdraw .5 hour Preliminary Hearing Request .5 hour Calendar .1 hour Review Order .3 hour Open/Close/Bill File .5 hour Counsel may deviate above the listed maximum amounts when billing for these activities but such deviation should be accompanied by an explanation for the extra time. Said explanation shall be included in the electronic billing section related to the time entry.

  20. TIMESHEET REVIEW

  21. Timesheets Saturday, October 19,2013

  22. Timesheets Saturday, October 19,2013

  23. Timesheets Saturday, October 19, 2013

  24. TIMESHEET AUDIT

  25. MILEAGE AUDIT Must prorate mileage between cases which are set at the same time and same location

  26. What happens if you get a Time Sheet or Mileage Audit? -It’s being sent to you to review and make any necessary corrections. -Review it and make appropriate adjustments, if any. -Return it to the auditor with notation of changes or reason(s) for not making changes

  27. CASELOAD STANDARDS 355-9-1-.10 Caseload Management Standards. “It is the policy of OIDS, in accordance with the Act, that the caseload of counsel providing legal services to indigent defendants should allow each lawyer to give each client the time and attention necessary to ensure effective representation. In order to assure that caseloads are managed adequately so that the quality of legal representation for indigent criminal defendants is not compromised, the following caseload standards are adopted for those attorneys representing indigent criminal defendants, and should not be exceeded: (a) Two hundred (200) felony cases per attorney per year; OR (b) Four hundred (400) misdemeanor and traffic offense cases per attorney per year; OR (c) Two hundred (200) juvenile offender cases per attorney per year; OR (d) One hundred (100) open juvenile dependency cases per attorney per year; OR (e) One hundred (100) GAL cases per attorney per year; OR (f) Thirty-six (36) appeals to an appellate court considering a case on a record and on briefs per attorney per year. It is expected that an attorney will handle cases in more than one of the types set out in (a) through (f), above. However, in any year, an attorney should not accept a caseload of any combination of the types set out above that, due to the volume of cases, compromises the ability of the attorney to render quality representation.”

  28. ATTORNEY QUALIFICATIONS 355-9-1-.08 Indigent Defense Advisory Boards; Required Attorney Qualifications. “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. . . .” NOTE: OIDS will accept hours of juvenile-focused CLE as credit toward the six (6) required criminal CLE credits.

  29. (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:

  30. 1. Must have at least (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.

  31. (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.

  32. (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.

  33. Section 355-9-1-.08(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: “I. 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.”

  34. (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.

  35. BILLING A CASE WITH A MULTI-COUNT INDICTMENT The Uniform Guidelines for Attorney Fee Declaration promulgated by the Appointed Counsel and Indigent Representation Committee of the Alabama State Bar state: “Irrespective of the time (whether charged initially in separate district court cases or arising merely by grand jury presentment) or consolidation of the charges, charges arising from separate incidents are separately billable. . . Likewise, separate transactions, such as Burglary and a misdemeanor Assault within the burglarized building, are separately billable events even if arising from a single transaction. This does not include lesser-included offenses, which are not separately billable. On the other hand, separate charges that relate to a single transaction and incident may not be billed separately. For example, Possession of a Forged Instrument and Forgery are both commonly charged in relation to a single forged instrument. Similarly, Theft of Property and Receiving Stolen Property are often charged as separate counts related to a single transaction. In both of the last situations, there should be a single bill. Regardless, double billing is in appropriate under any circumstance. Therefore, if you are billing for more than one case, be careful not to charge for the same work more than once.” The OIDS system uses a logic program that groups client names with sequential case numbers. If you have grouped cases or a case with a multi-count indictment in which separate billing is appropriate, please contact the Office of Indigent Defense Services prior to starting the case or making timesheet entries, and the claims can be separated out to allow for separate bills.

  36. Random Questions 1. For legal research entries, how detailed should we describe the issue(s) or question(s)?  There are inexperienced attorneys who may have to look up something that you or I would know without reference to any authority.  On the other hand, there are experienced attorneys among us who often try to be creative, which sometimes requires research in or out of state to develop a colorable argument.  -Better detail is helpful to the auditor and may keep the claim from being returned for more explanation. I would suggest adding something besides just case cites, i.e., researched voluntariness of client’s statement, Miranda issues, etc. and then list some case cites.

  37. 2. Please discuss Interim Billing, with particular attention to Juvenile Court matters. May bill upon adjudication of dependency and annually thereafter. Interim billing is also permitted in the following matters: Capital cases (attorneys and experts), Failure to Appears after 60 days, Grand Jury inaction for one year and placement of case on Administrative Docket. 3. If the OIDS system is down or otherwise not working and we’re running up against the 90-day deadline, what should we do? Email OIDS with a screenshot of the error. We will respond and that response can be uploaded with the claim. 4. When can we expect to be able to submit online bills in Appeals?  There is no definite date but we are moving in that direction and working with the Courts of Appeals and Supreme Court.

  38. OIDS CONTACT INFORMATION OIDS: Phone: (334) 242-7059 Email: oids@oids.alabama.gov Web: http://oids.alabama.gov PERSONNEL: Chris E. Roberts – Division Director – christopher.roberts@oids.alabama.gov Ellen Eggers – Accounting Manager - ellen.eggers@oids.alabama.gov Marcella Willis – Assistant to Director- marcella.willis@oids.alabama.gov John Morris – Accountant – john.morris@oids.alabama.gov Derek Johnston – Accountant – derek.johnston@oids.alabama.gov

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