AGO 1996-191.

• Case Date: April 19, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-191. 1996-191April 19, 1996Dr. Phillip W. Williams Director of Finance 105-N State Capitol Montgomery, AL 36130 Honorable Robert L. Childree State Comptroller RSA Union 100 North Union Street, Suite 220 Montgomery, AL 36130 Fair Trial Tax Fund - Indigents - Attorney Fees Office overhead expenses claimed under _ 15-12-21(d) must be approved by the trial court in advance of being incurred. Properly approved office overhead expenses incurred on or after September 3, 1993, may be reimbursed by the Comptroller.Dear Dr. Williams and Mr. Childree: This opinion is issued in response to your request for an opinion from the Attorney General regarding the payment of office overhead expenses from the Fair Trial Tax Fund pursuant to the holding of May v. State of Alabama (Ala.Cr.App., September 3, 1993 [CR-92-350]). QUESTION NO. 1 Is the trial court required to approve office overhead expenses in advance of such expenses actually being incurred? FACTS, LAW AND ANALYSIS Attorneys appointed to represent indigent criminal defendants in the courts of the State are compensated in accordance with Alabama law from the Fair Trial Tax Fund. Sections 15-12-1, et seq., Code of Alabama 1975, governs the compensation of attorneys and the payment of expenses incurred in the defense of indigent defendants. In May v. State of Alabama, the Court of Criminal Appeals addressed for the first time the issue of the payment of office overhead expenses related to indigent defense:

"We hold that office overhead expenses are by law encompassed in the term 'expenses reasonably incurred' as that term is used in Section 15-12-21(d). The appellant is entitled to be compensated for his office overhead expenses reasonably incurred and reasonably calculated in representing the defendant at his second trial. As stated in Section 15-12-21, payment of these expenses must be approved in advance."

The Court, quoting _ 15-12-21(d), emphasized the following provision: "Counsel shall also be entitled to be reimbursed for any expenses reasonably incurred in such defense to be approved in advance by the trial court." (Emphasis added by the Court.) The Court of Criminal Appeals has addressed on several occasions the requirement for the trial court to approve in advance "expenses reasonably incurred" pursuant to...