Should a Board determine that the method for delivering indigent defense services in its county or circuit is by the establishment of a Public Defender's office and the selection and appointment of a Public Defender, it shall do so in accordance with the Act. The minimum qualifications and requirements for the position of Public Defender shall be:

1. (a) The individual sought to be appointed must be a member in good standing with the Alabama State Bar and any other bar association of which the individual is a member;
2. (b) The individual sought to be appointed must have a minimum of eight (8) years of criminal practice experience, preferably with criminal trial experience;
3. (c) The individual sought to be appointed must have the ability to effectively administer the Public Defender's office;
4. (d) The individual sought to be appointed may not practice before a judge in the same county or judicial circuit within the 4th degree of consanguinity (first cousin), inclusive;
5. (e) The individual sought to be appointed must become a resident of the county or circuit in which he or she will serve as Public Defender within 90 days of taking office.

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.