Code of Alabama
Ala. Code § 13A-5-54 (2026)
Appointment of Experienced Counsel for Indigent Defendants.
✓ official Alabama Legislature (ALISON) text, current July 2026
Each person indicted for an offense punishable under the provisions of this article who is not able to afford legal counsel must be provided with court appointed counsel having no less than five years’ prior experience in the active practice of criminal law.
(Acts 1981, No. 81-178, §16.)
Notes of Decisions
Cited in 28
cases, 1991–2017 · leading case: McGowan v. State, 555 U.S. 861 (2005).
McGowan v. State, 555 U.S. 861 (2005). “" § 13A-5-54, Ala.Code 1975. Counsel appointed for McGowan filed a motion, 18 days before trial, for the trial court to determine whether their qualifications met the statute because of their concern that their experience did not meet the statutory requirement.”
Parker v. State, 587 So. 2d 1072 (Ala. Crim. App. 1991). “" CONCLUSION[S] OF LAW "Section 13A-5-54 of the Code of Alabama, 1975 as amended provides that a defendant in a capital case who is not able to afford legal counsel must be provided with 1 Court appointed counsel having no less than five years' prior experience in the active…”
Revis v. State, 101 So. 3d 247 (Ala. Crim. App. 2011). “2d 1141 (2009), this court stated: “ ‘We have held that § 13A-5-54, Ala. Code 1975, requires only that one attorney meet the statutory requirements.”
Wood v. Allen, 542 F.3d 1281 (11th Cir. 2008). “[12] At the time of Wood's trial, Alabama law provided that an indigent defendant facing the death penalty was to "be provided with court appointed counsel having no less than five years' prior experience in the active practice of criminal law.”
Hodges v. State, 856 So. 2d 875 (Ala. Crim. App. 2001). “In Issue XIV of his appellate brief, Hodges argues that § 13A-5-54, Ala.Code 1975, which addresses the qualifications of appointed counsel in a capital case, should apply to both attorneys appointed to represent him.”
Belisle v. State, 11 So. 3d 256 (Ala. Crim. App. 2007). “Belisle next argues that his attorney did not meet the statutory requirements for representing a capital defendant as set out in § 13A-5-54, Ala.Code 1975. 3 Specifically, he argues that lead counsel, Robert Hembree, informed the court that he had not been practicing criminal…”
Sale v. State, 8 So. 3d 330 (Ala. Crim. App. 2008). “Sale contends, without citing any supporting evidence, that one of his two appointed attorneys was “only counsel in a support capacity and therefore, unable to provide the counsel necessary” when the other attorney representing him was ill and unable to attend trial one day.”
Whitehead v. State, 777 So. 2d 781 (Ala. Crim. App. 1999). “) In support of his claim, Whitehead cites this court to § 13A-5-54, Ala.Code 1975, which provides that a person indicted for a capital offense who is not able to afford an attorney must be provided with court-appointed counsel having no less than five years' prior experience in…”
Maples v. Thomas, 565 U.S. 266 (2012). “” Ala. Code § 13A-5-54 (2006). Experience with capital cases is not required.”
Dominique Ray v. State of Alabama., 80 So. 3d 965 (Ala. Crim. App. 2011). “First, Ray argues that he was denied the effective assistance of counsel because, he says, cocounsel, Juliana Taylor, did not have five years of legal experience as required by § 13A-5-54, Ala.Code 1975. This section provides that an indigent defendant charged with a capital…”
Woods v. State, 13 So. 3d 1 (Ala. Crim. App. 2007). “[7] Section 13A-5-54, Ala.Code 1975, provides that an indigent defendant in a capital-murder trial "must be provided with court appointed counsel having no less than five years' prior experience in the active practice of criminal law.”
McNair v. Campbell, 307 F. Supp. 2d 1277 (M.D. Ala. 2004). “1975 Ala.Code § 13A-5-54. Decker, however, conducted almost all the pretrial investigation, prepared and drafted motions, and was the primary contact with the District Attorney’s Office.”
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