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Rates:

Hourly Rates for Panel Attorney Compensation

Three-Tier Categories:

$85.00 per hour for independent cases
($90.00 for appointments from October 1, 2005 to June 30, 2006)
($100.00 for appointments from July 1, 2006 to June 30, 2007)
($105.00 for appointments starting July 1, 2007)
as follows:


Jury trial resulting in a sentence of life without the possibility of parole (LWOP);

Jury trial resulting in a conviction for violating Penal Code sections 187, 208(d), 220, 261-269, or 281-294;

Any case where record length exceeds 3,000 pages (before or after augmentation).


All other independent cases:
$75.00
per hour
($80.00 per hour for appointments from October 1, 2005 to June 30, 2006)
($90.00 per hour for appointments from July 1, 2006 to June 30, 2007)
($95.00 per hour for appointments starting July 1, 2007)

Assisted cases (including modified assist cases):
$65.00
per hour
($70.00 per hour for appointments from October 1, 2005 to June 30, 2006)
($80.00 per hour for appointments from July 1, 2006 to June 30, 2007)
($85.00 per hour for appointments starting July 1, 2007)

Guidelines:


GUIDELINES FOR APPOINTED COUNSEL COMPENSATION
(Rev. Oct. 1, 2002)

“Prima Facie Allowance” = the guidelines for barely adequate work. Less time may be given for less than adequate work.

“Ordinary Range” = the guidelines for most claims where work is of good quality.

Excellent work and an exceptionally complex case may result in an allowance greater than the “Ordinary Range.”

View Table below.


HOURS ITEMS
PRIMA FACIE
ALLOWANCE
ORDINARY
RANGE
 1. COMMUNICATIONS WITH APPELLANT AND/OR TRIAL COUNSEL

Includes letters, calls, interviews.  Consultation with FDAP should be included in Item 21, below, and communications with the Court or the Attorney General's Office, etc. should be included in Item 22 - 24, below.  Communications with other persons (such as family members) may be compensable (in Item 22-24 below) if reasonably necessary for handling of the case.
2.5 hours 3.5 hours
 2. TIME REQUIRED TO REVIEW RECORD

Includes time spent reading and reviewing the record and taking notes on facts and issues.
1.0 hour for each 60 pages of record 1.0 hour for each 60 pages of record
 3. EXTENSION(S) OF TIME   0.3 hours 0.5 hours
 4. MOTIONS TO AUGMENT

Indicate the reason if multiple motions to augment are necessary.  Include rule 8.340(b) letters in Item 5, below.
0.5 hours 1.5 hours
 5. OTHER MOTIONS  

(i.e., Rule 8.340(b) letters, abandonment, Fares motion, etc.)
reasonable time reasonable time
 6. OPENING BRIEF

Usually 1.0 hour is recommended for preparation of a Wende brief in addition to compensation for the Statement of the Case and Facts.

If you use an argument which is substantially based on the same argument used in a prior case, you must inform us of that fact on the "Prior Briefing Form", and explain what new work you•ve done.

Factors considered in evaluating the complexity level of an issue include: (a) whether the issue involves factual or legal complexities, novel or unsettled law, or conceptual intricacies;

(b) the number of necessary cited authorities;

(c) the length of the argument; and

(d) the level of complexity found by the respondent and/or Court.
Statement of Case
and Facts
1/3 of time to review record, up to 7.0 hours 1/2 of time to review record,
up to 10.0 hours
Low Simple


Simple


Simple to Average



Average


Average to Complex



Complex
< 2.5 hours


2.5 hours


> 2.5 to < 5.5 hours


5.5 hours


> 5.5 to < 9.0 hours


9.0 hours
< 4.0 hours


4.0 hours


> 4.0 to < 8.0 hours


8.0 hours


> 8.0 to < 13.5 hours


13.5 hours

HOURS ITEMS
PRIMA FACIE
ALLOWANCE
ORDINARY
RANGE
 7. UNBRIEFED ISSUES

Describe each issue in sufficient detail to assist the evaluator in assessing complexity.
  Low Simple

   Simple

   Simple to Average

   Average

   Average to Complex

   Complex
< 0.2 hours

0.2 hours

> 0.2 to < 0.5 hours

0.5 hours

> 0.5 to < 2.5 hours

2.5 hours
< 0.5 hours

0.5 hours

> 0.5 to < 2.5 hours

2.5 hours

> 2.5 to < 5.0 hours

5.0 hours
 8. REPLY BRIEF 1/3 of hours awarded for AOB 1/3 of hours awarded for AOB
 9. SUPPLEMENTAL BRIEF

Includes letter briefs.
same as Opening Brief same as Opening Brief
 10. REVIEW OF OPPOSING BRIEF 

Includes briefs of Attorney General and all other adverse parties where appropriate.  Each must be identified.  Assign review of co-appellants• briefs to Item 22, 23, or 24, below.
  After substantive brief

   After Wende brief
1.0 hours

0.0 hours
2.5 hours

0.0 hours
 11. PETITION: HABEAS CORPUS

Issues will be evaluated using the standards in Item 6, above.
8.0 hours 12.0 hours
 12. PETITION: REHEARING 4.0 hours 6.0 hours
 13. PETITION: REVIEW (OR ANSWER)

Little compensation will be approved for a petition for review that simply "recycles" all or part of the AOB.  (See Cal. Rules of Court, rules 28 and 29.)
5.5 hours 10.0 hours
 14. PETITION: OTHER

Issues will be evaluated using the standards in Item 6, above. Compensation for petitions for writ of certiorari may require
pre-approval
from the project.  Check with the project.
reasonable time reasonable time
 15. PETITION: READ RESPONSE reasonable time reasonable time
 16. PETITION: REPLY TO RESPONSE 1/3 of hours awarded for petition 1/3 of hours awarded for petition
 17. ORAL ARGUMENT

Includes letters waiving or requesting argument, preparation, actual time in argument before the Court, and necessary waiting time in the courtroom.  Indicate if argument is telephonic or video-conferenced.
5.0 hours 7.5 hours
 18. TRAVEL

Time is compensable where the distance exceeds 25 miles one-way from counsel's office, and where counsel cannot reasonably work on the case while traveling.  Travel to see clients must be pre-approved.  Compensation is based on the most economic means of travel reasonably available.  Indicate destination, purpose, and time.
 19. REVIEW OPINION    After substantive brief

   After Wende brief
1.0 hours

0.2 hours
1.5 hours

0.2 hours
 20. REVIEW SUPERIOR COURT FILE

Includes review of exhibits.
1.0 hours 2.0 hours
 21. CONSULT WITH PROJECT   On "assisted" case

   On "independent" case
1.0 hours

0.5 hours
4.0 hours

2.0 hours
 22. - 24. OTHER

Itemization of the service rendered and amount of time spent is required for each item.
reasonable time reasonable time

EXPENSES ITEMS
STANDARDS
 1. PHOTOCOPY

Do not include time spent or cost of copying cases or statutes (including in-house, through a computer service, or at a library).  Extensive copying of the file and/or transcripts for the client is normally not compensable, except for short transcripts in Wende cases.  Check with the project first if copying exceeds 200 pages.
actual cost, up to $0.10 per page
 2. BRIEF BINDING, ETC. actual cost, if reasonable
 3. POSTAGE/DELIVERY

Include actual cost of ordinary means of delivery.  Explain any unusual circumstances in the case, other than appointed counsel's personal needs, that justify use of express mail, messenger or attorney service, personal delivery, or any other extraordinary means of delivery.
actual cost, if reasonable
 4. TELEPHONE

Do not include regular service charges or local calls.
actual long distance cost; if reasonable
 5. TRAVEL EXPENSES

Based on State rates.  The State will compensate for the least expensive means of travel for long distances.  Do not include travel or parking that is related to library visits or other research sites.  Consult with project in advance about overnight expenses.
actual necessary expenditures, with the following limitations:

-up to $.31 per mile for use of personal car prior to 1/1/02; up to $.34 per mile starting 1/1/02 but prior to 7/1/06 (the 25-mile minimum does not apply), $.445 per mile starting 7/1/06 but prior to 1/1/07; $.485 per mile for travel starting 1/1/07 (regardless of the day of appointment).

-up to $110 (or $140 in Alameda, San Francisco, San Mateo, and Santa Clara counties after 1/1/02) + tax per evening for lodging

-up to $6.00 for breakfast (if necessary to be on the road before 7:00 a.m.)

-up to $10.00 for lunch(If related to a necessary overnight stay)

-up to $18.00 for dinner (If necessary to be on the road after 7:00 p.m.)

 6. COMPUTER RESEARCH

For work performed after November 1, 1999, includes only cost of research that requires access to unique materials that are outside of a basic fee plan (i.e., California, 9th Circuit, and U.S. Supreme Court cases are considered part of a basic fee plan) and is supported by documentation.  Include explanation of need.  Do not include regular monthly fees for on-line computer research service or for Shepardizing cases within the basic plan.
actual cost for necessary extraordinary research
 7. PARALEGAL/CLERKS

Itemize hours, hourly rate, and activity.  Paralegal and law clerk work is expected to reduce the time an attorney must spend.  Thus, if attorney time is over Guidelines for a specific activity, no paralegal or law clerk expense for that activity will be approved.
$25 per hour
 8. TRANSLATOR/INTERPRETER

Translator or interpreter fees may require pre-approval by the project.  See our general claims information.  Do not include costs of translating briefs or other pleadings, for which the Court does not compensate.
actual cost, up to local prevailing rate. In the Sixth District, any amount over $250 must be approved by the court of appeal.
 9. MISCELLANEOUS

Itemize and explain costs of experts, investigators, certification fees, etc.  Do not include administrative or overhead costs such as secretarial work or library upkeep.  Payment for experts and investigators may require pre-approval by either the project or the Court of Appeal.  FDAP•s policy for experts and investigators requires the panel attorney to submit a written request to their FDAP buddy if services will not exceed $900.  If the amount will exceed $900, the attorney needs to send a request directly to the Court of Appeal (speak to your FDAP buddy first).  Experts' fees may not exceed $125/hour and investigators' fees may not exceed $65/hour without pre-approval by the Court of Appeal.
reasonable cost


TEL (408) 241-6171 FAX (408) 241-2877      100 N Winchester Blvd., Suite 310 Santa Clara, CA 95050