General Information
Rates & Guidelines
Forms
eClaims Log-In
eClaims Instructions

Rates:

Hourly Rates for Panel Attorney Compensation

Three-Tier Categories:

$85.00 per hour for independent cases if the following criteria are met for appointments before October 1, 2005
$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 from July 1, 2007
to June 30, 2016
$115.00 for appointments starting July 1, 2016 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, 209(b), 220, 261-269, or 281-294;

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

A People's appeal of a motion for new trial, where one or more of the above criteria are met.


All other independent cases:
$75.00
per hour for all other independent cases before Oct, 1, 2005
$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 from July 1, 2007 to June 30, 2016
$105.00 per hour for appointments starting July 1, 2016


Assisted cases (including modified assist cases):
$65.00
per hour for appointments before October 1, 2005
$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 from July 1, 2007 to June 30, 2016
$95.00 per hour for appointments starting July 1, 2016

GUIDELINES FOR APPOINTED COUNSEL COMPENSATION


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.

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

HOURS ITEMS
PRIMA FACIE
ALLOWANCE
ORDINARY
RANGE

 7. UNBRIEFED ISSUES

1 Counsel may bill for an unbriefed issue if a reasonably experienced appellate lawyer would need to perform work in order to determine if a viable issue existed. If a settled rule is dispositive, compensation will not be awarded if a reasonably experienced appellate lawyer should have know of the rule without conducting research.

2. Unbriefed issues are not just possible questions that you thought about and rejected. In order to be compensable, an unbriefed issue must involve legal research or the application of legal principles to the record if you are already familiar with the controlling legal principle.

3. An unbriefed issue is a question that raises sufficient concern to merit either: (1) some research (checking of case law, statutes, or other authority); or (2) the application of already known legal principles by examining the record to see if an issue exists. An example of category 2 would be the application of already known cases regarding the Miranda rule to review of the Evidence Code section 402 hearing and ruling on the Miranda motion.

4. The more you help the reviewer by articulating information regarding the work you had to do to reject the issue, the more likely you will be paid for that work. Thus, it would be wise to include a reference to the specific authority or authorities you consulted prior to deciding to reject the issue. This is an important part of the process of distinguishing real unbriefed issues from rejected thoughts.

5. Explain the possible relationship between the issue and the case clearly enough to provide the reviewer with an understanding of the reasonableness of your consideration of the issue. Reading your brief may not be sufficient to give the reviewer an understanding of the appropriateness of investigating the issue, especially if the issue in of related to the main thrust of the brief.

  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 line 6, above. Include here all time for preparing a petition or investigating whether to file a petition, even if none is filed. Time should be entered here where there is communication with the client or trial attorney focused on the investigation of potential habeas related facts or the development of a habeas issue; but time spent providing general information, such as how a habeas petition works or the reasons for not filing one, should be listed on line 1. Communication with other people connected with the investigation or development of potential habeas claims should be listed here, not line 23. Investigation and working with investigators should be entered here, not line 24. Motions related to habeas work, such as a motion for investigation fees, should be listed here, not line 5. The explanation field for line 11 should include a breakdown of the time spent on each of these tasks, as well as the expenses incurred from the habeas investigation.
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. 
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.

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) if the appointment was before 1/1/17; $0.50 per mile for appointments after 1/1/17.

-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; $150 for San Francisco and $120 for Monterey, San Diego, Los Angeles, Orange, and Ventura for appointments after 1/1/17) plus tax and fees per evening for lodging; use free hotel shuttle if available. For appointments after 1/1/17, up to $150 in San Francisco

-Meals (reimbursed only for overnight trips): Up to $6.00 for breakfast; up to $10.00 for lunch; up to $18.00 for dinner. For appointments after 1/1/17: up to $8.00 for breakfast, up to $12 for lunch, and up to $20 for dinner.

-Shuttles (each way) and parking (at long-term lots) at court-location airports: SFO (1DCA) up to $19 for shuttle, $14 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, $10 plus tax for parking; Ontario (4DCA, Div. 2) up to $39 for shuttle, $10 plus tax for parking; John Wayne (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 $19 for shuttle, $13 plus tax for parking.

 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


TEL (408) 241-6171 FAX (408) 241-2877      95 S. Market Street, Suite 570, San Jose CA 95113