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PA Bulletin, Doc. No. 04-1002

THE COURTS

CARBON COUNTY

Criminal Fee Schedule for Court Appointed Counsel in Non-Homicide and Homicide Cases; 71 MI 04

[34 Pa.B. 3008]

Administrative Order No. 10-2004

   And Now, this 28th day of May, 2004, it is hereby Ordered and Decreed that, effective July 1, 2004, Carbon County Adopts the following schedule for payment of court-appointed counsel in Non-Homicide and Homicide criminal cases as follows:

Non-Homicide Criminal Cases

   1.  Counsel shall be assigned to represent defendants charged with non-homicide criminal offenses or in any post-conviction proceedings, and juveniles formally charged with delinquency where a conflict of interest or other sufficient reason exists and the individual cannot properly be represented by the Public Defender's Office.

   2.  At the conclusion of the representation, or any segment thereof, counsel shall be compensated at a rate of forty dollars ($40) per hour for time expended in Court and at a rate of thirty dollars ($30) per hour for time reasonably expended out of Court and shall be reimbursed for all reasonable expenses.

   3.  Where one or more felonies are charged or for proceedings under the Post Conviction Hearing Act, the compensation paid to an attorney shall not exceed one thousand five hundred dollars ($1,500). Where only misdemeanors or juvenile delinquencies are charged, payment shall not exceed seven hundred and fifty dollars ($750).

   4.  Investigative, expert, or other services authorized by Order of Court shall not exceed five hundred dollars ($500) and are reimbursable upon completion of services.

Homicide Cases

   1.  Counsel appointed shall not exceed one, except in cases of extreme complexity and those involving the death penalty where a conflict of interest or other sufficient reason exists and the individual cannot properly be represented by the Public Defender's Office.

   2.  At the conclusion of the representation, or any segment thereof, counsel shall be compensated for services rendered at a rate of fifty dollars ($50) per hour for time reasonably expended in Court, and forty dollars ($40) per hour for time reasonable expended out of Court and shall be reimbursed for all reasonable expenses.

   3.  Such compensation shall not exceed four thousand dollars ($4,000) where one counsel has been assigned, and shall not exceed a total of six thousand ($6,000) where two counsels have been assigned.

   4.  Investigative, expert, or other services authorized by Order of Court shall not exceed one thousand five hundred dollars ($1,500) and are reimbursable upon completion of services.

   It Is Further Ordered and Decreed that appointments made pursuant to this rule shall continue through all stages of the proceedings. Compensation payments shall be a charge upon the County of Carbon. Any payment in excess of the limits stated herein may only be made because of extraordinary circumstances that are necessary to provide fair compensation for representation and have been approved by the Court.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of the Order in the Clerk of Court's Office.

By the Court

RICHARD W. WEBB,   
President Judge

[Pa.B. Doc. No. 04-1002. Filed for public inspection June 11, 2004, 9:00 a.m.]


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