Opinion
No. 375
Decided March 8, 2002.
The Honorable Don Siegelman Governor of Alabama State Capitol Montgomery, Alabama 36130
Dear Governor Siegelman:
We acknowledge receipt of your letter, dated February 26, 2002, requesting an advisory opinion. You have requested "the Court's opinion on the effect of the changes made by the Legislature in 1999 to that portion of Alabama Code [1975,] § 15-12-21(d) dealing with the reimbursement of expenses to attorneys who represent indigent defendants." Specifically, you have requested "the Court's opinion as to whether the Legislature eliminated the reimbursement for office overhead expenses for appointed attorneys in criminal matters when it passed Act 99-427."
Section 12-2-10, Ala. Code 1975, provides that "[t]he Governor, by a request in writing, . . . may obtain a written opinion of the justices of the Supreme Court of Alabama or a majority thereof on important constitutional questions." However, "the Justices normally decline to answer questions that do not relate to the constitutionality of `proposed legislation. Opinion of the Justices No. 356 So.2d 172, 173 (Ala. 1978)." Opinion of the Justices No. 369, 730 So.2d 129, 131 (Ala. 1999)." "[W]e are not authorized to answer solely legal questions in advisory opinions to the legislature or governor." Opinion of the Justices No. 228, 336 So.2d 164, 165 (Ala. 1976).
While we acknowledge receipt of your request, the subject matter of the request is inappropriate for resolution by an advisory opinion. Therefore, we respectfully decline to answer the questions posed in your request.
ANSWER DECLINED.
Respectfully submitted,
ROY S. MOORE Chief Justice
J. GORMAN HOUSTON HARLOD SEE CHAMP LYONS, JR. JEAN WILLIAMS BROWN DOUGLAS INGE JOHNSTONE ROBERT BERNARD HARWOOD, JR. THOMAS A. WOODALL LYN STUART Associate Justices