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Rates:
Hourly Rates for Panel Attorney Compensation
Three-Tier Categories:
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$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:
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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). |
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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) |
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GUIDELINES FOR APPOINTED COUNSEL COMPENSATION
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| HOURS ITEMS |
PRIMA FACIE
ALLOWANCE |
ORDINARY
RANGE |
| 1.
COMMUNICATIONS WITH APPELLANT AND/OR TRIAL COUNSEL
Includes letters, calls,
interviews. This includes communication with the client or trial counsel in the course of an investigation for a possible habeas corpus petition. Consultation with SDAP should be included
in Item 21, below, and communications with the Court or the
Attorney General's Office, etc. should be included in Item 23, below. Communications with other persons (such as
family members) may be compensable (in Item 23 below) if
reasonably necessary for handling of the case.
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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 for appointments before 10/1/04; 1.0 hour for each 50 pages for appointments on or after 10/1/04 |
1.0 hour for each 60 pages of record for appointments before 10/1/04; 1.0 hour for each 50 pages for appointments on or after 10/1/04 |
| 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 |
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| 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. Include here all time for preparing a petition (except communications which are placed in items 1 and 23), even if no petition is ultimately filed. |
8.0 hours |
12.0 hours |
| 12. PETITION: REHEARING
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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.
Many expenses must be pre-approved by the project director. Compensation
is based on the most economic means of travel reasonably available.
Indicate where you traveled from and to, the purpose, date and time. Time spent waiting at airports or in the air is reimbursable only if it is spent working. |
| 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. ADMINISTRATIVE TIME
Includes time for administrative tasks for appointments on or after 10/1/04. Compensation for administrative time is awarded only in the final claim.
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1.0 hours |
1.0 hours |
23. OTHER COMMUNICATION
Itemization of the service rendered and amount of time spent for all communication other than with the client or trial counsel. |
reasonable time |
reasonable time |
24. OTHER SERVICES
Itemization of the service
rendered and amount of time spent is required for all other services, not including communication. |
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; brief binding will be compensated only for the original and the copies for the court (a single staple for other copies is sufficient). |
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 and most efficient modes of travel. For example, if a panel attorney chooses to drive to a destination but it is less expensive to fly, the attorney will be reimbursed only for the cost of flying. The attorney may provide to the project an Internet map printout showing the mileage from the departure location to the destination location and a copy of an airfare estimate.
For all travel expenses, indicate the date, time, and location of expense and purpose of trip. Do not include travel or parking that is related to library visits or other research sites.
Consult with project in advance to obtain pre-authorization from the project director or assistance director for prison visits where the round trip will be over 50 miles, as well as for any overnight expenses.
Carfare and parking expenses should be minimized. Use of a taxi will not reimbursed unless it is shared and the expense is less than the cost of a shuttle. If you use a taxi, you will be reimbursed only up to the cost of the least expensive form of travel. Parking is reimbursed based on the least costly parking method. Airport parking reimbursement would be based on the least expensive long-term parking lot and never on valet parking. Rental cars are not reimbursed unless their use is unavoidable. In general, reimbursement will be based on the round-trip mileage at $0.485 per mile. Use of a rental car must be pre-approved by the project director or assistant director.
For travel from out of state, expenses are computed from the California border using the least expensive mode of travel, except where travel from a more distant location is less epensive (e.g., a discounted direct flight from Chicago to San Diego might cost less than flights from Reno or Las Vegas to San Diego)
Copies of receipts need to be submitted with the claim. |
Actual necessary expenditures,
with the following limitations:
- Use of personal car (you must indicate mileage, the begining and ending location, and the purpose): Up to $.31 per mile
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 date of appointment).
-Lodging. Must be pre-approved by the project director. Compensation is for the most reasonable lodging available, up to $110 (or $140 in Alameda, San Francisco,
San Mateo, and Santa Clara counties after 1/1/02)
plus tax and fees per evening for lodging; use free hotel shuttle if available.
-Meals (reimbursed only for overnight trips): Up to $6.00 for breakfast; up to $10.00 for lunch; up to $18.00 for dinner .
-Shuttles (each way) and parking (at long-term lots) at court-location airports: SFO (1DCA) up to $17 for shuttle, $9 plus tax for parking; LAX (2DCA) up to $16 for shuttle, $9 plus tax for parking; Sacramento (3DCA) up to $14 for shuttle, $9 plus tax for parking; San Diego (4DCA, Div. 1) up to $15 for shuttle, $9 plus tax for parking; John Wayne (4DCA, Div. 2) up to $35 for shuttle, $17 plus tax for parking; Ontario (4DCA, Div. 3) up to $16 for shuttle, $8.75 plus tax for parking; Fresno (5DCA) up to $20 for taxi, $8 plus tax for parking; San Jose (6DCA) up to $30 for shuttle, $13 plus tax for parking.
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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. |
reasonable cost |
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TEL
(408) 241-6171 FAX (408) 241-2877 100
N Winchester Blvd., Suite 310 Santa Clara, CA 95050 |
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