Lyons v. Norris

Summary

The Alabama Supreme Court held that expenses incurred by court-appointed attorneys representing indigent criminal defendants must be approved by the trial court before the expenses are incurred under Alabama Code § 15-12-21(d). The court further held that the comptroller had authority to audit and deny claims lacking the required advance approval, reversed and remanded three cases, dismissed one nonfinal appeal, and affirmed denial of class certification.

Holdings

1. Section 15-12-21(d), Ala. Code 1975, requires a trial court to enter an order approving reimbursable expenses before counsel incurs those expenses; later approval before submission of a claim is insufficient.
2. The comptroller has a statutory duty to preaudit claims and determine their correctness, legality, and funding status, and may refuse to issue a warrant for a claim that is not authorized by law.
3. The appeal in case no. 1961604 was dismissed because it arose from a nonfinal order.
4. The trial court's denial of class certification was affirmed.

Questions Presented

1. Whether § 15-12-21(d), Ala. Code 1975, requires trial-court approval of reimbursable expenses before the expenses are incurred.
2. Whether § 15-12-21(e), Ala. Code 1975, permits approval of expenses after trial or after submission of a fee claim.
3. Whether the comptroller may audit and disallow claims for expenses that do not satisfy the statutory approval requirements.
4. Whether the appeal in case no. 1961604 was from a final appealable order.
5. Whether the trial court properly denied class certification.

Disposition

reversed_and_remanded