Sec. 14.06.02.06. Fees and Expenses

A. Hourly Rate. As the annual budget permits, panel attorneys will be compensated at the same hourly rate at which federal panel attorneys are compensated for indigent criminal defense representation, effective July 1, 2007. For cases assigned on or after July 1, 2006 and before July 1, 2007, panel attorneys will be compensated at an hourly rate of $90 per hour. For cases assigned on or after July 1, 2005, and before July 1, 2006, panel attorneys will be compensated at an hourly rate of $75 per hour. For cases assigned on or after January 1, 2005 and before July 1, 2005, panel attorneys will be compensated at an hourly rate of $50 per hour. Services performed, time spent, and compensation requested shall be detailed on petition forms supplied by the Office and certified under oath by the panel attorney.

B. Maximum Allowable Fees.

(1) A district public defender or division chief may allow fees in each case up to the maximum established for corresponding federal panel attorney representation effective July 1, 2007. The corresponding federal fee maximum is based on the court in which representation is provided as follows:

(a) District Court-federal misdemeanor;

(b) Circuit court-federal felony;

(c) Juvenile Court-federal felony;

(d) Court of Special Appeals-federal appeal; and

(e) Court of Appeals-federal appeal.

(2) When there is no corresponding federal fee maximum, the maximum allowable fee is based on the court in which representation is provided, effective July 1, 2007, as follows:

(a) Postconviction and mental health proceedings-$2,500 maximum; and

(b) All other cases-$1,200 maximum.

(3) Any increase in the corresponding federal compensation of panel attorneys will be effective for Office panel attorneys on July 1 immediately following the effective date of the federal increase. If there is no corresponding federal fee maximum, the maximum will increase by the same percentage as any increase to the maximum for circuit court cases.

C. Interim Fee Schedule.

(1) As the budget permits, for cases assigned on or after July 1, 2006, and before July 1, 2007, a district public defender or division chief may allow panel attorney fees up to the limit of the following maximums based on the court in which representation is provided as follows:

(a) District Court-$1,500 maximum;

(b) Circuit court-$5,200 maximum;

(c) Juvenile Court-$5,200 maximum;

(d) Postconviction and mental health proceedings-$1,500 maximum;

(e) Court of Special Appeals-$3,700 maximum;

(f) Court of Appeals-$3,700 maximum; and

(g) All other cases-$1,200 maximum.

(2) As the budget permits, for cases assigned on or after January 1, 2005 and before July 1, 2006, a district public defender or division chief may allow panel attorney fees up to the limit of the following maximums based on the court in which representation is provided as follows:

(a) District Court-$750 maximum;

(b) Circuit court-$3,000 maximum;

(c) Juvenile Court-$3,000 maximum;

(d) Postconviction and mental health proceedings-$750 maximum;

(e) Court of Special Appeals-$2,500 maximum;

(f) Court of Appeals-$2,500 maximum; and

(g) All other cases-$500 maximum.