SELMA — Presiding Circuit Court Judge Thomas Jones has appointed a commission to study the way indigent clients are represented in the court system in the Fourth Judicial District, which includes Dallas County.

Currently, attorneys in Dallas County are appointed by judges to handle cases where the defendant claims not to be able to afford legal council. The judge’s appointment is based on the attorney’s ability and presence in court when the docket is called.

From October 2009 until January 2010, the state paid $913,296 to attorneys representing people who could not afford an attorney in the Fourth Judicial District. Dallas County attorneys received $435,381 of that total, according to the Alabama Department of Finance State Comptroller’s Office.

Jones said he appointed the commission after some concerns were raised about the fee declarations submitted by some attorneys in Dallas County.

“There were some private citizens who had accessed a public website and some people who were upset and concerned over the fees in indigent defense cases,” Jones said.

Selma attorney John Calame was appointed to chair the commission. Christmas Green, a local attorney, and Dennis Palmer, publisher of The Selma Times-Journal, also serve.

The commission’s goals based on the instruction given by Jones is to review the current system in place, see if its operating efficiently and if any changes need to be made to the system, said Calame.

If changes are called for, the commission will come back to the Selma Bar Association and the circuit judges to talk about reform.

The commission is getting information from the Alabama Office of the Courts as to how much is paid out for indigent defense in Dallas County and breaking that down as to what each attorney bills, Calame said.

The commission will compare the costs to other counties in the Fourth Judicial Circuit, meet with judges and the Dallas County Bar Association during its study, he added.

“We’re still in the information gathering stage. I would hope we would come up with some recommendations by the end of the year,” Calame said.

Each separate circuit judicial district in the state decides how its indigent cases are handled, said David Sawyer, an assistant attorney in the Alabama Office of Courts, who works with indigent defense contracts.

State law provides for judicial districts to appoint attorneys, depending on the case and the attorney’s expertise, which is how Dallas County operates indigent defense, contract with attorneys to provide the services or establish an office of a public defender.

In Dallas County, the fee system of appointed attorneys is guided by state law. Generally, the law states, as of Oct. 1, 2000, the fee is based on the number of hours spent by an attorney working on the case is $60 an hour for time spent in court and $40 an hour for time spent out of court in preparation of the case. The law also allows a fee of $35 per hour to be added to the in court or out of court fee to cover overhead costs an attorney might compile during the course of representing a client. Overhead could include maintaining an office, staff members, utilities, etc.

The law also provides a dollar amount limit or a cap on each type of case, depending on the type of case. A type-A felony carries with it a cap of $3,500. An example of a type-A felony is first-degree rape. A type-B felony carries with it a cap of $2,500. An example of a type-B felony is assault in the first degree. A type-C felony carries with it a cap of $1,500. An example of a type-C felony is stalking.

In juvenile cases the total fee for indigent representation is capped at $2,000. In all other cases the fee should not exceed $1,000, state law says.

In the cases where the original charge is a capital offense, for example capital murder, or a charge which carries a possible sentence of life without parole, state law does not limit the total fee.

The law also allows the court to approve an attorney’s fee over the maximum amount allowed for expenses reasonably incurred in the defense of a client, but these expenses must be approved in advance by the trial court. The law also says pre-approved expert fees must be billed at the time the court is told all the work by the expert is completed. Once that check is paid, the expert can’t receive any more money.

Sawyer pointed out some counties allow an overhead fee per hour to compensate the attorney. These fees are allowed by court order.

Attorneys appointed to indigent cases fill out a claim sheet that lists the case, the client, the hours spend and why and a total amount of payment requested, Sawyer explained.

The attorney submits the claim sheet to the court system which signs off and passes it to the state comptroller, which issues payment to the attorney.

Is there room for abuse? That depends on the ethics of the attorney, Sawyer said.

“No one can review what an attorney has performed in preparation for the case or the trial,” he said.