Video: Why Birmingham Mayor Larry Langford gets free legal counsel

Birmingham, Ala. - Now that a federal judge has ruled Mayor Larry Langford can't afford to pay for his attorney, it'll be taxpayers who foot the bill as he defends himself against federal charges of bribery, conspiracy and fraud.

The judge made that ruling August 14 and sealed the mayor's financial information that the ruling was based on. There's also a gag order in this case so Langford and his attorney aren't allowed to talk to us about it.

As mayor of the state's largest city, it may be hard to believe that Larry Langford can't afford to pay his own legal bills. That's been the outcry from some in the community since a judge made the ruling that Langford's lawyer will now be paid with taxpayer dollars as a court appointed attorney.

Sue Ellen Velke of Montevallo said, “Him being the mayor and all, it is kind of shocking.”

Roderick Ray of Birmingham agreed, “Because I feel he should have the money to pay.”

The Birmingham mayor's salary is $68,000 a year with an additional $12,000 for annual expenses. Langford's 4 bedroom home in Fairfield is valued by Jefferson County at $187,900.

Langford has a second job with Birmingham Budweiser. The Birmingham news has reported that it pays about as much as his mayor's salary.

The Dean of Samford’s Cumberland School of Law, and former federal judge said, “You don't have to be indigent, you don't have to be poverty stricken you just have to be financially unable to afford adequate counsel.”

Dean Carroll explained this ruling is not unusual in federal cases. “The federal system is serious about if you're going to trial facing 20 years in prison, you should have a good lawyer. The system is best served when people have really good lawyers because then the outcome is not in doubt.”

Dean Carroll says it's a decision the court doesn't make lightly. He says Langford most likely submitted documentation and filled out a questionnaire listing his income, checking and savings account information, real estate, automobile and stock ownership, as well as monthly bills including credit card debts.

Dean John Carroll said, “You may be making $10,000 a month, but if your obligations are $15,000 a month you're in a negative cash flow all year and you don't have any money to hire an attorney.”

But that doesn't satisfy some of the taxpayers who are now paying for Langford's defense. Especially after seeing the federal indictment that alleges Langford received tens of thousands of dollars of expensive clothing and jewelry as bribes over a three and a half year period.

Mary McInnis of Mountain Brook asked, “If he can't manage his own finances how can we trust him to manage the city's finances?”

Chase Jones of Hoover said, “I think that money is meant for people that are less fortunate and in less fortunate circumstances.”

Dean Carroll explained, “This act doesn't just apply to Larry Langford, it applies to every defendant in every federal criminal case in the United States.”

Even before criminal charges were filed, during the federal investigation, Mayor Langford had his attorney working on the case.

Dean Carroll says Mayor Langford's attorneys have most likely already spent hundreds of hours on this case, so there's a good chance Langford has racked up tens of thousands of dollars in legal bills. “This thing has been in the works for a long, long period of time so that certainly is a financial drain.”

Now that Michael Rasmussen's role has changed from private attorney to court appointed lawyer, his salary will change as well. The law only allows him to receive $110 an hour, which is significantly lower than what most experienced criminal attorneys charge.

Dean Carroll said, “In a high profile case like this, the fee would be substantial. I think you're probably talking $250-$300 per hour.”

That could easily add up to a half million or even a million dollars.

Prosecutors are also going after Langford for $7.6 million, another reason the court wouldn't want the mayor to pay hundreds of thousands of dollars in attorneys' fees.

Dean Carroll explained, “The government says that a lot of this money that is being used to pay the lawyers was ill gotten gains, the result of these bribes and other crimes. So the government wants all that money back.”

Sue Ellen Velke of Montevallo said, “I don't get it. I don't know why he should be rewarded for doing something wrong.”

Dean Carroll said, “Remember, at this stage the mayor like everyone else is innocent until proven he's guilty.”

The court can revisit this issue at any time, but if the mayor is convicted, he’ll need a lawyer for an appeal. Dean Carroll says unless Langford’s financial situation has radically changed, he’ll most likely continue to have access to free legal counsel.

Langford's federal corruption trial is set to begin October 19, 2009 in Tuscaloosa after a delay and change of venue request was granted.

There is a gag order in this case. That is why you see no response in this story from Larry Langford or his attorney.