By NEAL WAGNER / City Editor

A bill sponsored by an Alabaster state senator passed the Alabama House of Representatives June 1, and is now awaiting signature by Alabama Gov. Robert Bentley.

If signed, the bill could bring several changes to what bill sponsor Cam Ward, R-Alabaster, called an “abused” state indigent court defense system.

Senate Bill 440 passed the House, and is aimed at reforming the indigent defense system, which Ward said was open to “abuse and fraud” by attorneys.

“I am very pleased that we were able to get this legislation passed,” Ward said. “This reform will help significantly reduce the opportunities for abuse and fraud that were present in the former system.”

When a defendant is unable to afford an attorney to help them combat charges brought against them, the state pays to appoint an attorney to represent the defendant.

Since 2005, the state’s cost to fund the system has risen by 110 percent. If passed, the bill could save Alabama taxpayers about $24 million per year, Ward said.

If signed, the bill would create the Office of Indigent Defense Services within the currently existing Alabama Department of Finance. The new office would provide oversight and review of all indigent defense procedures and billing, Ward said.

One of the major changes included in the bill is a flat rate of $70 per hour for attorneys working on indigent defense cases. Currently, the rules governing indigent defense attorney compensation are “confusing” and often abused, Ward said.

“Last year alone, 86 attorneys made in excess of $150,000 each on indigent cases,” Ward said. “Indigent cases were never intended to be big money-makers.

“It also includes the elimination of attorney overhead charges for indigent cases,” Ward added.

Last year, Alabama spent $63 million on indigent cases, which is compared to $32 million spent on the state’s district attorneys.

In addition to the $70-per-hour compensation rate, the new bill also would only allow attorneys to charge for actual court expenses.

Ward said nearly every Alabama administration dating back to former governor Fob James has attempted to change the indigent defense laws, but he said he believes the bill will pass this term.

“I looks like this is going to be our lucky time,” Ward said. “This legislation will help save money and put the tax dollars of hard-working Alabamians to better use.”