To amend Sections 12-19-71, 12-19-72, 12-19-171, 12-19-172, 12-19-173, 12-19-174, 12-19-175, 12-19-176, 12-19-178, 12-19-179, 12-19-250, 12-19-251, 15-12-21, 15-12-22, and 15-12-23 of the Code of Alabama 1975; to increase docket fees and earmark the funds for the representation of indigent criminal defendants for the statewide coordination of pro bono legal services and the furtherance of attorney professionalism; to implement a uniform compensation plan for judges; to provide for enhanced technology to expand the court's capabilities for data exchange; to provide for an increase in the fair trial tax; to provide for an increase of the hourly compensation for in-court and out-of-court time expended for indigent defense; to provide further for the limit on the compensation of attorneys providing indigent defense in certain cases; to provide that the courts may approve an attorney's fee in excess of the maximum attorney's fee allowed, for good cause shown; to create the Advanced Technology and Data Exchange Fund; to provide funding for the statewide coordination of pro bono legal services and the furtherance of attorney professionalism; to establish a uniform pay plan for state trial and appellate judges, phasing out existing county salary supplements and expense allowances; to provide for the distribution of the fees in the Fair Trial Tax Fund, the Advanced Technology and Data Exchange Fund, and the State General Fund; to provide for appropriations from the funds; and to repeal Sections 12-19-250.1 and 40-1-38 of the Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 12-19-71, 12-19-72, 12-19-171, 12-19-172, 12-19-173, 12-19-174, 12-19-175, 12-19-176, 12-19-178, 12-19-179, 12-19-250, 12-19-251, 15-12-21, 15-12-22, and 15-12-23 of the Code of Alabama 1975, are amended to read as follows:§12-19-71.
"(a) The docket fees which shall be collected in civil cases shall be:
"(1) Twenty-five dollars Thirty dollars ($30) for cases filed on the small claims docket of the district court;.
"(2) Seventy-four dollars One hundred four dollars ($104) for cases otherwise filed in the district court;.
"(3) One hundred ten dollars One hundred forty dollars ($140) for cases filed in the circuit court; and.
"(4) An additional $51.00 fifty-one dollars ($51) to be paid at the time the jury is demanded by any party demanding a jury. The increase of $1.00 one dollar ($1) shall be paid to the Department of Youth Services for the department or agency responsible for paying the salaries of juvenile probation officers.
"(b) Effective October 1, 2000, the docket fees for civil cases filed in district and circuit courts shall increase by five dollars ($5).
§12-19-72.
"(a) The docket fees collected in civil cases shall be distributed as follows:
"(1) For cases on the small claims docket of the district court,$7.00 twelve dollars ($12) to the Fair Trial Tax Fund, $13.00 thirteen dollars ($13) to the State General Fund, and $5.00 five dollars ($5) to the county general fund;.
"(2) For other district court cases, $7.00 sixteen dollars ($16) to the Fair Trial Tax Fund, $59.00 seventy-five dollars ($75) to the State General Fund, five dollars ($5) to the Advanced Technology and Data Exchange Fund and $8.00 eight dollars ($8) to the county general fund;.
"(3) For cases filed in circuit court, $7.00 twenty dollars ($20) to the Fair Trial Tax Fund, $93.00 one hundred five dollars ($105) to the State General Fund, five dollars ($5) to the Advanced Technology and Data Exchange Fund, and $10.00 ten dollars ($10) to the county general fund; and.
"(4) Ten dollars ($10) of all sums paid pursuant to subdivision (4) of Section 12-19-71 shall be paid to the Fair Trial Tax Fund and $40.00 forty dollars ($40) to the State General Fund.
"(b) Effective October 1, 2000, the additional five dollars ($5) assessed and collected for civil cases in district and circuit courts shall be distributed to the Fair Trial Tax Fund.
§12-19-171.
"(a) The following docket fees shall be collected for juvenile and criminal cases in the district court and the circuit court:
"(1) District Court:
| "a. Traffic infraction | |
| "b. Issuance of alias writ | 20.00 |
| "c. Misdemeanor-violation | |
| "d. Felony guilty plea | |
| "e. Preliminary hearing | 30.00 |
| "f. Bond forfeiture |
| "a. Issuance of alias writ | 30.00 |
| "b. Misdemeanor | |
| "c. Felony | |
| "d. Bond forfeiture |
"(b) A fee of $8.00 eight dollars ($8) shall be collected for the issuance of each witness subpoena. Witness subpoena fees shall be in addition to docket fees. The subpoena fee shall be distributed as follows:
"$5.00 (1) Five dollars ($5) to the county general fund.
"and $3.00 (2) Three dollars ($3) to the State General Fund.
"(c) Effective October 1, 2000, the docket fees in criminal and juvenile cases shall be increased by five dollars ($5) and the additional fee shall be deposited into the Fair Trial Tax Fund.
§12-19-172.
"(a) The following docket fees shall be collected for municipal ordinance cases in the district court:
| "(1) Traffic infraction | |
| "(2) Issuance of alias writ | 20.00 |
| "(3) Other ordinance violations | |
| "(4) Bond forfeiture |
"(b) Effective October 1, 2000, the docket fee in municipal ordinance cases in district and circuit courts shall be increased by five dollars ($5) and the additional fee shall be deposited into the Fair Trial Tax Fund.
"(b) (c) On appeals de novo to the circuit court, the docket fees in municipal ordinance cases shall be the same as those collected for misdemeanor cases.
"(d) In addition to the fees now authorized by law, an additional fee of thirty dollars ($30) shall be assessed in municipal courts upon conviction of a municipal ordinance violation, excluding parking violations. The fees shall be distributed as follows: Nine dollars ($9) to the Fair Trial Tax Fund; two dollars ($2) to the municipal general fund; three dollars ($3) to the Advanced Technology and Data Exchange Fund; and sixteen dollars ($16) to the State General Fund. These fees shall be collected by the court clerk and remitted monthly in accordance with Rule 4 of the Alabama Rules of Judicial Administration. The two dollars ($2) which is distributed to the municipal general fund shall be used only for equipment, training, and certification of municipal court officials and employees and the fees shall not supplant existing funds designated by municipalities for equipment, education, and training of court personnel.
§12-19-173.
"(a) The following distribution shall be made of docket fees in cases where the defendant forfeits bond in either the district court or circuit court:
"$7.00 (1) Sixteen dollars to the fair trial tax fund;.
"$23.00 (2) Thirty-nine dollars ($39) to the State General Fund;. $5.00 (3) Five dollars ($5) to the county general fund.
"(4) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
"(b) Effective October 1, 2000, the docket fees for bond forfeitures in district and circuit courts shall be increased by five dollars ($5) and the additional fee shall be deposited into the Fair Trial Tax Fund.
§12-19-174.
"(a) The following distribution shall be made of docket fees for felony cases in circuit court:
"$10.00 (1) Ten dollars ($10) to the Peace Officers' Annuity Fund;.
"$7.00 (2) Sixteen dollars ($16) to the Fair Trial Tax Fund;.
"$88.00 (3) One hundred four dollars ($104) to the State General Fund;.
"$5.00 (4) Five dollars ($5) to the county general fund; .
"an (5) An arrest fee of $5.00 five dollars ($5) to the State General Fund or to the state funds prescribed by law; except, that in cases initiated by county law enforcement officers, the arrest fee shall be distributed to the county general fund; .
"$30.00 (6) Thirty dollars ($30) to the District Attorney Fund or to the fund prescribed by law for district attorney fees;.
"$10.00 (7) Ten dollars ($10) to the Peace Officers' Standards and Training Fund.
"(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
"(b) The additional five dollars ($5) assessed and collected in felony cases effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
§12-19-175.
"(a) The following distribution shall be made of docket fees for misdemeanors in circuit court:
"$7.00 (1) Sixteen dollars ($16) to the Fair Trial Tax Funds;.
"$48.00 (2) Sixty-four dollars ($64) to the State General Fund;.
"$10.00 (3) Ten dollars ($10) to the county general fund;.
"$10.00 (4) Ten dollars ($10) to the District Attorney Fund or to the fund prescribed by law for district attorney fees;.
"$7.00 (5) Seven dollars ($7) to the Peace Officers' Annuity Fund; and.
"$5.00 (6) Five dollars ($5) to the Peace Officers' Standards and Training Fund, provided however, except that the $5.00 five dollars ($5) provided herein for the Peace Officers' Standards and Training Fund shall not be assessed and collected in traffic or conservation cases.
"(7) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
"(b) The additional five dollars ($5) assessed and collected in misdemeanor cases in circuit court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
§12-19-176.
"(a) The following distribution shall be made of docket fees for felony guilty plea cases in district court:
"$10.00 (1) Ten dollars ($10) to the Police Officers' Annuity Fund;.
"$7.00 (2) Sixteen dollars ($16) to the Fair Trial Tax Fund;.
"$88.00 (3) One hundred four dollars ($104) to the State General Fund; .
"$5.00 (4) Five dollars ($5) to the county general fund;.
"an (5) An arrest fee of $5.00 five dollars ($5) to the State General Fund or the state funds prescribed by law; except, that in cases initiated by county law enforcement officers, the arrest fee shall be distributed to the county general fund;.
"$30.00 (6) Thirty dollars ($30) to the District Attorney Fund or to the fund prescribed by law for district attorney fees;.
"$10.00 (7) Ten dollars ($10) to the Peace Officers' Standards and Training Fund.
"(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
"(b) The additional five dollars ($5) assessed and collected in felony guilty plea cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
§12-19-178.
"(a) The following distribution shall be made of docket fees for misdemeanor cases in district court:
"$7.00 (1) Seven dollars ($7) to the Police Officers' Annuity Fund;.
"$7.00 (2) Sixteen dollars ($16) to the Fair Trial Tax Fund;.
"$48.00 (3) Sixty-four dollars ($64) to the State General Fund;.
"$5.00 (4) Five dollars ($5) to the county general fund;.
"an (5) An arrest fee of $5.00 five dollars ($5) to the State General Fund or to the state funds prescribed by law; except, that the arrest fee shall be paid into the county general fund in cases initiated by county law enforcement officers;.
"$10.00 (6) Ten dollars ($10) to the District Attorney Fund or to the fund prescribed by law for district attorney fees;.
"$5.00 (7) Five dollars ($5) to the Peace Officers' Standards and Training Fund, provided however, except that the $5.00 five dollars ($5) provided herein for the Peace Officers' Standards and Training Fund shall not be assessed and collected in conservation cases.
"(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
"(b) The additional five dollars ($5) assessed and collected in misdemeanor cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
§12-19-179.
"(a) The following distribution shall be made of docket fees for traffic infractions in district court:
"$3.00 (1) Three dollars ($3) to the Police Officers' Annuity Fund;.
"$7.00 (2) Sixteen dollars ($16) to the Fair Trial Tax Fund;.
"$8.50 (3) Eight dollars and fifty cents ($8.50) to the State Drivers' Fund;.
"$33.00 (4) Forty-nine dollars ($49) to the State General Fund;.
"$3.00 (5) Three dollars ($3) to the county general fund;.
"an (6) An arrest fee of $5.00 five dollars ($5) to the State General Fund or the state funds prescribed by law; except, that the arrest fee shall be paid into the county general fund in cases initiated by county law enforcement officers;.
"and $2.50 (7) Two dollars and fifty cents ($2.50) to the District Attorney Fund or to the fund prescribed by law for district attorney fees.
"(8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
"(b) The additional five dollars ($5) assessed and collected in traffic cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
"(b) (c) Fees for issuance of alias writs from circuit and district courts shall be distributed as follows:
"writs (1) Writs issuing from district court,:
"$2.00 a. Two dollars ($2) to the county general fund;.
"$18.00 b. Eighteen dollars ($18) to the State General Fund;.
"writs (2) Writs issuing from circuit court, $5.00:
"a. Five dollars ($5) to the county general fund;.
"$25.00 b. Twenty-five dollars ($25) to the State General Fund.
§12-19-250.
"(a) In addition to all other taxes, there is to There shall be levied and imposed a tax in the amount of $2.00 sixteen dollars ($16), to be called the "fair trial tax," upon in each and every criminal or quasi-criminal case and every civil action docketed in any municipal court created by authority of the Constitution or other laws of the State of Alabama.
"(b) Such tax The fee shall be automatically assessed by the clerk or register of the court or by the judge of such court if there is no clerk or register as costs in each case in each case upon conviction or adjudication and shall be charged and collected as other costs are charged and collected.
"(c) The fees charged and collected in the municipal courts pursuant to this section shall be distributed in accordance with Section 12-19-251.1.
§12-19-251.
"When the fair trial tax is collected in circuit or district court, the clerk or register of the court or the judge if there is no clerk or register shall remit the receipts monthly to the State Treasury to be paid into a fund to be called the "Fair Trial Tax Fund."
§15-12-21.
"(a) If it appears to the trial court that such a defendant is entitled to counsel, that such the defendant does not expressly waive the right to assistance of counsel, and that such the defendant is not able financially or otherwise to obtain the assistance of counsel, the court shall appoint counsel to represent and assist the defendant; and it. It shall be the duty of such the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist said the defendant to the best of his or her ability.
"(b) If it appears to the trial court in a delinquency case, need of supervision case, or other judicial proceeding in which a juvenile is a party, that said the juvenile is entitled to counsel and that such the juvenile is not able financially or otherwise to obtain the assistance of counsel or that appointed counsel is otherwise required by law, the court shall appoint counsel to represent and assist the juvenile or act in the capacity of guardian ad litem for such the juvenile; and it. It shall be the duty of such the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist said the juvenile to the best of his or her ability.
"(c) If it appears to the trial court that the parents, guardian, or custodian of a juvenile who is a party in a judicial proceeding, are entitled to counsel and such the parties are unable to afford counsel, upon request, the court shall appoint counsel to represent and assist such the parents, guardian, or custodian; and it. It shall be the duty of such the appointed counsel, as an officer of the court and as a member of the bar, to represent and assist said the parties to the best of his or her ability.
"(d) Counsel appointed in cases described in subsections (a), (b), and (c) above, including such cases tried de novo in circuit court on appeal from a juvenile proceeding, shall be entitled to receive for their services a fee to be approved by the trial court. The amount of such the fee shall be based on the number of hours spent by the attorney in working on such the case and shall be computed at the rate of $40.00 fifty dollars ($50) per hour for time expended in court and $20.00 thirty dollars ($30) per hour for time reasonably expended out of court in the preparation of such the case. Effective October 1, 2000, 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 sixty dollars ($60) per hour for time expended in court and forty dollars ($40) per hour for time reasonably expended out of court in the preparation of 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, however, exceed $1,000.00, except as follows: In cases where the original case involves a capital offense or a charge which carries a possible sentence of life without parole, the limits shall be $1,000.00 for out-of-court work, plus payment for all in-court work, said work to be billed at the aforementioned rates. 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 three thousand five hundred dollars ($3,500).
"(3) In cases where the original charge is a Class B felony, the total fee shall not exceed two thousand five hundred dollars ($2,500).
"(4) In cases where the original charge is a Class C felony, the total fee shall not exceed one thousand five hundred dollars ($1,500).
"(5) In juvenile cases, the total fee shall not exceed two thousand dollars ($2,000).
"(6) In all other cases, the total fee shall not exceed one thousand dollars ($1,000).
"Notwithstanding the above, the court for good cause shown may approve an attorney's fee in excess of the maximum amount allowed. Counsel shall also be entitled to be reimbursed for any expenses reasonably incurred in such the defense of his or her client to be approved in advance by the trial court. Preapproved expert fees shall be billed at the times the court is notified that all work by the expert has been completed, and shall be paid forthwith. Once an expert has been paid for services on a particular case, that expert shall not be allowed to receive further payment on the case. Retrials of a any case shall be considered a new case.
"(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, counsel shall submit to the trial court a bill for services rendered, not to exceed the amount provided in subsection (d) of this section, and such. If counsel has submitted a bill in excess of the amount allowed in subsection (d), a sworn affidavit shall be attached to the bill stating the basis of the claim of the counsel for additional money, and setting out the good cause required by subsection (d). The bill, if approved after approval by the trial court, shall be submitted by the clerk of the court to the State Comptroller for audit and allowance and, if approved by the Comptroller, shall be forwarded to the State Treasurer for payment.
§15-12-22.
"(a) In all criminal cases wherein a defendant has been convicted of a serious offense in which an appeal lies directly to the Supreme Court or Court of Criminal Appeals and the defendant expresses his or her desire to appeal such the conviction, the court shall cause to be entered upon its minutes a recital of notice of appeal, and the court shall then ascertain and make findings in reference to the appeal concerning those items listed in Section 15-12-20.
"(b) If it appears that the defendant desires to appeal and is unable financially or otherwise to obtain the assistance of counsel on appeal and the defendant expresses the desire for assistance of counsel, the trial court shall appoint counsel to represent and assist the defendant on appeal. The presiding judge of the court to which the appeal is taken shall have authority to appoint counsel in the event the trial court fails to appoint and in the event it becomes necessary to further provide for counsel. It shall be the duty of such the counsel, as an officer of the court and as a member of the bar, to represent and assist such the defendant in the appeal.
"(c) If it appears that a juvenile who is a party to an appeal is otherwise required by law or by rule of court to be represented by appointed counsel, the trial court shall appoint counsel to represent and assist such the juvenile on appeal. The presiding judge of the court to which the appeal is taken shall have authority to appoint counsel in the event the trial court fails to appoint and in the event it becomes necessary to further provide for counsel. It shall be the duty of such the counsel, as an officer of the court and as a member of the bar, to represent and assist such the juvenile in the appeal.
"(d) Counsel appointed to defend any indigent defendant for the appeal from a decision in any criminal or juvenile proceeding, excluding cases tried de novo in circuit court on appeal from a juvenile proceeding, shall be entitled to receive for their services a fee to be approved by the appellate court.
"(1) The amount of such the fee shall be based on the number of hours spent by the counsel in working on such the appeal and shall be computed at the rate of $40.00 fifty dollars ($50) per hour for time reasonably expended in the prosecution of such the appeal, and any subsequent petition for writ of certiorari.
"(2) Effective October 1, 2000, the amount of the fee shall be based on the number of hours spent by the attorney in working on the prosecution of the appeal and shall be computed at the rate of sixty dollars ($60) per hour for time reasonably expended in the prosecution of the appeal, and any subsequent petition for writ of certiorari.
"(3) The total fees awarded to any one attorney in any appeal and any subsequent petition for writ of certiorari, shall not, however, exceed $1,000.00 two thousand dollars ($2,000), and shall be in addition to any fees awarded on the trial court level. In those cases where the state takes a pretrial appeal, appointed counsel shall be entitled to bill separately for services on the pretrial and post-trial appeals, up to $1,000.00 two thousand dollars ($2,000) for each appeal. In those cases where a petition for writ of certiorari is granted to filed in the Alabama Supreme Court, counsel shall be entitled to bill separately for all services rendered after the granting of the certiorari petition, Court of Criminal Appeals overrules the application for rehearing, or after the decision of the Court of Criminal Appeals in the case of a pretrial appeal, up to a separate limit of $1,000.00 two thousand dollars ($2,000) over and above any funds received for services rendered in the Court of Criminal Appeals. Such The counsel shall also be entitled to be reimbursed for any expenses reasonably incurred in preparing and handling such the appeal, to be approved in advance by the appellate court.
"(e) Within a reasonable time after the disposition of the appeal, counsel shall submit to the appellate court a bill for services rendered, not to exceed the amount provided in subsection (d) of this section, and such the bill, when approved by the presiding judge or chief justice of the appellate court, shall be submitted by the clerk of the appellate court to the State Comptroller for audit and allowance and, if approved by the Comptroller, forwarded to the State Treasurer for payment.
§15-12-23.
"(a) In proceedings filed in the district or circuit court involving the life and liberty of those charged with or convicted of serious criminal offenses including proceedings for habeas corpus and coram nobis or other post conviction remedies, and in post-trial motions or appeals in such the proceedings, the trial or presiding judge or chief justice of the court in which such the proceedings may be commenced or pending may appoint counsel to represent and assist those persons so charged or convicted if it appears to the court that the person charged or convicted is unable financially or otherwise to obtain the assistance of counsel and desires the assistance of counsel and it further appears that counsel is necessary in the opinion of such the judge to assert or protect the right of such the person.
"(b) In proceedings filed in the district or circuit court involving juvenile offenses including proceedings for habeas corpus and coram nobis or other post conviction remedies, and in post-trial motions or appeals in such the proceedings, the trial or presiding judge or chief justice of the court in which such the proceedings may be commenced or pending may appoint counsel to represent and assist those juveniles so charged or convicted if it appears to the court that the juvenile charged or convicted is unable financially or otherwise to obtain the assistance of counsel and it further appears that counsel is necessary in the opinion of such the judge to assert or protect the rights of such the person, or court appointed counsel is otherwise required by law or rule of court.
"(c) It shall be the duty of such counsel as provided in subsections (a) and (b) of this section to represent and assist the person in such the proceedings.
"(d) The counsel appointed in such the proceedings shall be entitled to receive for his or her services a fee to be approved by the judge appointing him or her. The amount of such the fee shall be based on the number of hours spent by counsel in working on such the proceedings and shall be computed at the rate of $40.00 fifty dollars ($50) per hour for time expended in court and $20.00 thirty dollars ($30) per hour for time reasonably expended in preparation of such the proceedings; provided, that the. Effective October 1, 2000, the fee shall be computed at the rate of sixty dollars ($60) per hour for time expended in court and forty dollars ($40) per hour for time reasonably expended in preparation of the proceeding. The total fees to counsel for such the proceedings shall not exceed $600.00 one thousand dollars ($1,000).
"(e) Claim for such the fee shall be submitted, approved, and paid in the same manner as provided in subsection (e) of Section 15-12-22."
Section 2. (a) In addition to any other docket fees provided by law, including, but not limited to, the docket fees provided in Sections 12-19-171 and 12-19-176 of the Code of Alabama 1975, the following fees shall be automatically assessed in cases in municipal, juvenile, district, and circuit courts upon conviction or adjudication of the defendant of any of the following offenses:
(1) Unlawful possession of marihuana in the second degree in violation of Section 13A-12-214 of the Code of Alabama 1975.........$40.
(2) Possession of drug paraphernalia, misdemeanor conviction or adjudication, in violation of subsection (c) of Section 13A-12-260 of the Code of Alabama 1975..........$40.
(3) Delivery, sale, manufacture, etc. of drug paraphernalia in violation of subsection (d) of Section 13A-12-260 of the Code of Alabama 1975:
Misdemeanor..............$40
Felony.........................$60
(4) Felony unlawful possession of a controlled substance in violation of Sections 13A-12-212 and 13A-12-213 of the Code of Alabama 1975...............$60.
(5) Obtaining a controlled substance by fraud in violation of subdivision (3) of subsection (a) of Section 20-2-72 of the Code of Alabama 1975............$60.
(6) Unlawful distribution, manufacture, or sale of a controlled substance in violation of Section 13A-12-211 of the Code of Alabama 1975.............$260.
(7) Trafficking in a controlled substance in violation of Section 13A-12-231 of the Code of Alabama 1975........$600.
(b) The fees collected pursuant to this section shall be collected by the court clerk and remitted monthly to the State Treasury in accordance with Rule 4 of the Alabama Rules of Judicial Administration and distributed as follows:
(1) Three eighths of the fee collected shall be deposited in the Fair Trial Tax Fund in the State Treasury and shall be used solely to pay the fees and expenses for the representation of indigent criminal defendants and other persons pursuant to Sections 15-12-21 to 15-12-23, inclusive, of the Code of Alabama 1975.
(2) One eighth of the fee collected shall be deposited in the Advanced Technology and Data Exchange Fund.
(3) One fourth of the fee collected shall be deposited in the State General Fund and shall be used to provide for the statewide coordination of pro bono legal services in civil matters and for the furtherance of professionalism among members of the bench and bar.
(4) One fourth of the fee collected shall be deposited in the State General Fund to implement the uniform judicial pay plan.
Section 3. (a) The Advanced Technology and Data Exchange Fund is created in the State Treasury.
(b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund pursuant to Section 2 or by legislative appropriations, grant, gift, or otherwise.
(c) Monies contained in the Advanced Technology and Data Exchange Fund may be expended to provide for any activities involving the administration of justice including, but not limited to, the following purposes:
(1) Expand methods and means for collection and disbursement of court-ordered monies through the use of credit cards, electronic fund transfers, or other means and provide for electronic transfer of records and storage.
(2) Enhance coordination and sharing of data with local, state, and federal agencies, members of the bar, and the public.
(3) Provide equipment for electronically filing cases.
(4) Improve accountability for case filings and dispositions.
(5) Train and educate employees and officials on the state and municipal levels of the Unified Judicial System regarding legal and administrative policies and procedures and effective usage of the courts' management systems.
(6) Provide education materials including, but not limited to, manuals, forms, handbooks, books, brochures, and technology for legal research and case management for court officials and employees and component groups of the legal community.
(7) Provide staff, services, and equipment required to maintain and expand technological improvements and conduct continuing education and training in these areas.
(8) Pay service charges, electronic transfer fees, or any other transaction costs associated with subdivisions (1) to (7), inclusive.
All such costs shall be paid out of funds appropriated to the Advanced Technology and Data Exchange Fund and shall not reduce amounts due to be distributed to other governmental funds or entities.
(d) The clerks of the circuit and district courts may accept credit cards or debit cards approved by the Administrative Director of Courts for the payment of court costs, fees, fines, forfeitures, or assessments. The following are specifically excluded from payment by credit cards or debit cards: Judgments, restitution, attorney fees, any monies collected and payable to individuals, businesses, partnerships, or any person or entity other than a governmental agency or department.
(e) The Administrative Director of Courts or any municipality may contract with any company that issues credit cards to collect and seize credit cards issued by any company that are outdated or otherwise unauthorized. The state or municipality may charge the company a fee for the return of the credit cards. Any fees collected pursuant to this subsection by state courts shall be deposited into the Advanced Technology and Data Exchange Fund and the fees collected by a municipal court shall be deposited into the general fund of the municipality.
(f) Procedures for implementing the provisions of this act may be promulgated as Rules of Judicial Administration adopted by the Supreme Court of Alabama.
(g) The sum of three million three hundred thousand dollars ($3,300,000) is appropriated from the Advanced Technology and Data Exchange Fund for the fiscal year ending September 30, 2000, to the Unified Judicial System to be expended as provided in subsection (c). This appropriation shall be in addition to any and all other monies heretofore or hereafter appropriated to the Unified Judicial System. At the end of any fiscal year, any unexpended or unencumbered monies contributed to or deposited in the fund from any source, except appropriations from other state funds, shall remain in the fund.
Section 4. (a) In recognition of the disparity in compensation of circuit and district judges caused by varying amounts of local supplements to state salaries and the need for a uniform plan of compensation, the following comprehensive plan is adopted for the compensation of judges. This plan, when implemented, shall reward judges for judicial experience and phase out local salary supplements and expense allowances.
(1) On October 1, 2000, the salary of circuit judges paid from the State Treasury shall be increased to the amount authorized for attorneys in the classified service of the state as Attorney IV, step 14, on the effective date of this act and the salary of the Supreme Court Justices, Judges of the Appellate Courts, and district judges shall be adjusted correspondingly as provided by Act 111, 1990 Regular Session (Acts 1990, p. 132).
(2) On October 1, 2001, the salary of circuit judges paid from the State Treasury shall be increased to the amount authorized for attorneys in the classified service of the state Attorney IV, step 17, on the effective date of this act and the salary of the Supreme Court Justices, Judges of the Appellate Courts, and district judges shall be adjusted correspondingly as provided by Act 111, 1990 Regular Session (Acts 1990, p. 132).
(3) On October 1, 2002, the salaries of the circuit judges paid from the State Treasury shall be fixed at one thousand dollars ($1,000) above the maximum amount authorized on the effective date of this act for attorneys in the classified service of the state as Attorney IV, and the salary of Supreme Court Justices, Judges of the Appellate Courts, and district judges shall be adjusted correspondingly as provided by Act 111, 1990 Regular Session (Acts 1990, p. 132).
The salaries of circuit judges shall not be increased above the amounts provided in this act as the result of any increases in the salaries of Attorneys IV which may occur after the effective date of this act.
(b) A circuit or district judge, Supreme Court Justice, or Judge of an Appellate Court may not receive a cost-of-living raise during fiscal year 2000-2001, 2001-2002, or 2002-2003, other than an increase as provided by this act and Act 111, 1990 Regular Session (Acts 1990, p. 132).
(c) A circuit or district judge who is first elected or appointed after October 1, 2001, shall be paid compensation only from the State Treasury, and may not receive any salary supplement or expense allowance, or both, from any county.
(d)(1) Effective October 1, 2000, all circuit and district judges shall receive as additional compensation from the state the base salary provided in subsection (a) plus the appropriate amount for bench experience calculated pursuant to subdivision (2). Any salary supplement or expense allowance being paid by a county commission on September 30, 2000 to a sitting judge shall be diminished on October 1, 2000, and each October 1 thereafter, by the amount that the judge receives from the state for his or her bench experience as provided in subdivision (2). No salary supplement or expense allowance may increase after the effective date of this act.
(2) Effective October 1, 2000, the salary of circuit judges, district judges, Supreme Court Justices, and Judges of the Appellate Courts shall be increased by 1.25 percent for every year that they have served as judges or justices of a state court to a maximum of 25 percent of the base salary.
(3) Any local salary supplement or expense allowance paid to a circuit or district judge shall be reduced by the amount of any increase in compensation brought about by virtue of the bench experience provision in subdivision (2).
Section 5. The Legislature, recognizing the need to eliminate the disparities in compensation of circuit and district judges due to county supplements and expense allowances in varying amounts authorized by local acts, shall phase out all local supplements and expense allowances as follows:
(1) No Supreme Court Justice, Appellate Judge, circuit judge, or district judge shall receive a cost-of-living raise during fiscal year 2000-2001, 2001-2002, or 2002-2003, other than as provided in Section 4 and Act 111, 1990 Regular Session (Acts 1990, p. 132).
(2) Any county supplement or expense allowance authorized to be paid to a circuit or district judge in office on any day on or after October 1, 2000, to October 1, 2001, inclusive, shall be diminished by the amount the judge receives from the state for his or her bench experience pursuant to subdivision (2) of Section 4.
(3) No salary supplement or expense allowance may increase after the effective date of this act.
(4) No county supplement or expense allowance shall be provided to any circuit or district judge who is first elected or appointed to office after October 1, 2001.
(5) If the implementation of subdivision (2) results in a reduction in salary supplements for a circuit or district judge who receives a supplement from more than one county, such reduction shall be divided proportionally among the affected counties.
Section 6. (a) Passage of this act shall not repeal any law which, on the effective date thereof, provides for the retirement compensation payable from the treasury of any county to a circuit or district judge. Any contribution required by law to be made by a circuit or district judge to be entitled to retirement benefits shall continue at the dollar amount required to be contributed at the effective date of this act, and any benefit to judges who have now retired or for any judge elected or appointed on or after the effective date of this act, any benefit paid from the treasury of any county to judges who in the future shall retire shall be fixed at the dollar amount required to be paid at the effective date of this act.
Nothing in this act shall be construed as reducing the benefits payable from the county treasury to judges who have retired or to judges who are in active service on the effective date of this act.
(b) Notwithstanding any provision herein to the contrary, any circuit or district judge who is first elected or appointed after October 1, 2001, shall receive retirement benefits only from the Judicial Retirement Fund of Alabama, and shall not receive any retirement benefit from any county.
(c) No provision of this act shall reduce the amount of retirement benefits from the Judicial Retirement Fund currently authorized for retired justices and judges.
Section 7. (a) To provide the employer's costs to implement the uniform pay plan adopted by this act, there is appropriated to the Unified Judicial System from the State General Fund the following amounts: For fiscal year 2000-2001, nine million five hundred thousand dollars ($9,500,000); for fiscal year 2001-2002, twelve million five hundred thousand dollars ($12,500,000); for fiscal year 2002-2003 and each subsequent fiscal year thereafter, fourteen million one hundred thousand dollars ($14,100,000).
(b) There is appropriated from the State Treasury to the Supreme Court of Alabama the amount of two hundred thousand dollars ($200,000) for the fiscal year ending September 30, 2000, and each fiscal year thereafter, to be used for the furtherance of attorney professionalism and the statewide coordination of pro bono services in civil cases.
Section 8. The increase in fees authorized by this act shall not affect an increase in the fees authorized in Section 12-17-224 of the Code of Alabama 1975, or any existing cost, fee, fine, or assessment except those specifically set out in this act.
Section 9. Any constitutional officer Any district attorney or constitutional officer other than a judge whose compensation is affected by this act who receives a local supplement shall have his or her supplement reduced by any increase in his or her state compensation until the supplement is eliminated. No officer appointed or elected after October 1, 2001, shall receive a county supplement or expense allowance in addition to his or her state salary and no salary supplement or expense allowance may increase after the effective date of this act.
Section 10. The phrase "circuit judges" as used in Section 12-17-182 of the Code of Alabama 1975, shall refer to circuit judges who, due to bench experience, are receiving the maximum amount of state compensation.
Section 11. This act shall be known and may be cited as the "Investment in Justice Act of 1999."
Section 12. Sections 12-19-250.1 and 40-1-38 of the Code of Alabama 1975, are specifically repealed.
Section 13. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.