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FEE SCHEDULE FOR CRIMINAL CASES Effective January 1, 2009
(Revised January 13, 2009)
(Revised May 15, 2009)
(Revised June 12, 2009)
(Revised May 25, 2010)
(Revised July 1, 2010)
(Revised June 15, 2012)
This fee schedule is subject to change under the terms and conditions of any subsequent
Attorney Fee Contract entered into by the ACBA and Alameda County.
DEFINITION OF TERMS
1. Base: The basic amount due to the appointed attorney for handling the case.
2. Collaborative Court: Cases accepted by the Juvenile Court’s Collaborative Court (post dispo)
are billable hourly.
3. Court Waiting: CW – billable on matters set for PX and/or trial only.
4. Dependently heard: When the attorney represents the client on more than one case in the
same courthouse or court location. The cases do not have to be filed at
the same time, nor do they have to be heard or resolved at the same
time.
5. Lower Superior: What used to be referred to as Municipal Court; i.e., what is now the
Superior Court where the preliminary examination takes place and
where misdemeanors are prosecuted.
6. Motion Prep: Preparation of written points and authorities for a substantial motion
that are not "boilerplate" and are uniquely tailored to the case at hand.
(Refer to “C. Motion Preparation and Session Payments” for full
explanation).
7. Motion Session: A session separately calendared for the purpose of arguing a substantial
motion accompanied by points and authorities or a session in which
witnesses are examined under oath. Discovery, bail, continuance,
Marsden, motions to withdraw, Harris, 4011.5/4011.6, return of
property and other routine motions are not considered "substantial"
unless there are unusual circumstances.
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8. MPPA: Mandatory Post-plea Appearance. MPPA’s are billable only when the
judge directs the attorney to appear in Mentor Diversion and/or
Deferred Prosecution cases. (Refer to “Other Payments” for full
explanation).
9. MPSA: Mandatory Post-sentencing Appearance. MPSA’s are billable only
when the judge directs the attorney to appear. (Refer to “Other
Payments” for full explanation.
10. MPVA: Mandatory Probation Violation Appearance: Independently heard
probation violation matters (no base paid) when the judge directs the
attorney to appear. (Refer to “Probation Violations” for full
explanation).
11. MR: Miscellaneous Representation. First payment is not tied to a court
appearance. Subsequent appearances must be reflected in
corpus/CRIMS. MR sessions are not billable unless the Program gives
prior approval to the attorney.
12. PTH: A PTH is only billable when separately calendared for the pre-trial or a
subsequent appearance for entry of plea.
13. PV: Probation violation.
14. PX: Preliminary examination.
15. Readiness Hrg: A one time payment in all misdemeanor cases in which the attorney
appears for Readiness hearing.
16. Session: A calendared court appearance lasting one-half day or a portion thereof.
There are two (2) regular sessions in a day, an A.M. session, and a P.M.
session.
17. Trial Prep: A one time payment in all felony and misdemeanor cases in which the
matter is set for jury trial and the attorney appears on the jury trial date
ready to proceed to trial.
18. Work is Completed:
Interim fee All interim fee declarations must be submitted within 30 days after
declarations are work is completed (defined as: any billable activity occurring during
required in all cases the case including but not limited to bases, motion prep, motion
(felony & misdemeanor) sessions (995’s, 1538.5 etc.), trial prep, readiness hearings, detention
that are not resolved hearings, client contacts). within 90 days
Mandatory Post Sentencing Appearances & Post Plea
Appearances (MPSA and MPPA):
Fee Declaration must be submitted within 30 days of the
appearance.
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Beginning 30 days after the declaration is due; there will be
a 10% reduction per month in fees until the declaration is
submitted.
18. Completion of Case:
All final declarations must be submitted no later than 30 days after
completion of case defined as follows:
Lower Superior Court:
MISDEMEANORS – from date of dismissal, conclusion of trial (court or
jury), sentencing, plea, finding of violation in PV matter or acceptance
on Diversion or deferred prosecution and Prop. 36.
FELONIES – through completion of PX or dismissal, guilty/no contest
plea, including acceptance of Prop. 36.
Upper Superior Court:
From date of dismissal, sentencing, conclusion of trial
(court or jury), guilty/no contest plea, admission or
finding of violation in P.V. matter.
Juvenile Cases:
From date case concludes following dismissal,
completion of Dispositional Hearing. In Probation
Violation matters (§777), 30 days from dismissal,
admission or finding of violation.
Beginning 30 days after the declaration is due; there will be
a 10% reduction per month in fees until the declaration is
submitted.
CATEGORIES OF CRIMES
1. Criminal Cases:
There are six (6) Classes of criminal cases. The committee has set requirements and guidelines for
determining which classes of cases an attorney will be authorized to take. Ultimately, the
committee shall determine which class an attorney shall be assigned to take with the primary focus
being the interests of the clients to be represented. An attorney assigned to a particular Class has
been deemed qualified to handle cases in that Class by the Program. An attorney’s CAAP Class
may be changed at any time. The six (6) Classes are:
a) Special Circumstances (Death): Cases where a defendant is charged with Special
Circumstances and the prosecution seeks the death penalty.
Qualifications: Must qualify for Class 1; must have at least 10 years criminal law
litigation experience; been lead counsel on 10 serious or violent felony jury trials,
including at least 2 murder cases, OR 5 serious or violent felony jury trials, including at
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least 3 murder cases, tried to argument, verdict or final judgment, must have conducted
two trials of any kind where the member presented psychiatric testimony by use of an
expert; completed within 2 years prior to appointment, at least 15 hours of capital case
defense training (MCLE) and must have handled an appeal, civil or criminal, from
beginning to decision by an appellate court.
Alternate Qualifications: The committee may approve placement of an attorney on this
panel even if he or she does not meet all of the qualifications, if the attorney has
demonstrated the ability to provide competent representation of the defendant. In
determining whether the attorney demonstrates the ability to provide competent
representation, the committee will comply with the requirements of Cal Rules of Court
4.117.
b) Class 1 A & B & LWOP: Non-capital murders and non-capital special circumstances
cases; all life sentence crimes including life without possibility of parole; all other
criminal cases where the maximum prison exposure for the defendant is 25 years or
more.
Qualifications: Certified criminal specialists and those who have the equivalent
experience.
c) Class II: All other felonies for which the possible penalty, including enhancements, is
more than 10 years, but less than 25 years.
Qualifications: Must have been chief counsel in at least twenty-five cases charges as
felonies, three of which were felony jury trials where the case was submitted to the jury
for decision, three of which involved PC§ 1538.5 hearings where evidence was taken
before a judge and ten preliminary hearings within the preceding three years. Juvenile
cases charged as felonies, up to a maximum of ten may be counted toward the
requirement of twenty-five felonies.
d) Class III: All other felonies and any misdemeanor that requires registration as a sex
offender.
Qualifications: Must have been chief counsel in fifteen criminal cases, three of which
were submitted to a jury for decision; an additional five of which involved contested
factual hearings; and the remainder of which proceeded to disposition. A maximum of
five juvenile cases charged as felonies may be counted toward the requirement of said
fifteen cases.
e) Class IV: Any theft offense charged as a misdemeanor. All other misdemeanors in
which the possible sentence range is 1 yr. in the county jail.
Qualifications: Must have handled three criminal cases in which a motion accompanied
by points and authorities was filed and argued, a plea was negotiated or testimony was
taken.
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f) Class V: All other misdemeanors.
Qualifications: Must meet general membership requirements, and review the CAAP’s
trial advocacy tapes. Must personally observe at least one court session in an Alameda
County misdemeanor calendar department and two sessions of a criminal jury trial, at
least one of which must be, Voir Dire, in the preceding three (3) months.
2. Criminal Appeals: Appeals of misdemeanor criminal convictions.
Qualifications: Must have prepared and presented one criminal appeal, from settling the record,
research and writing, through submission, or provide a writing sample of briefs or motions to the
CAAP Committee for review.
3. Violent Sexual Predator Cases: W&I 6600
Qualifications: Must qualify for Class 1.
4. Juvenile Criminal Cases: Eligibility for juvenile criminal cases shall be based on the same criteria
as adult cases. New panel members (with limited or no Alameda County Juvenile Court experience)
must shadow another juvenile CAAP attorney to observe a morning and a detention hearing
session.
HOURLY BILLING – Commencing February 15, 2008
Special Circumstance cases including capital (death) and LWOP; SVP and Class 1-A cases, Collaborative
Court and misdemeanor appeals and Writs are to be billed hourly. Fee declarations must include a clear
itemization of the date and nature of each court appearance, and the date, nature and time expended for
each out of court task. Fee declarations must be submitted on the CAAP approved form(s). Fee
declarations submitted on the wrong form(s) may be rejected. Fee declarations that are unclear or for
other reasons require excessive time to review may be rejected. If the attorney performs more than one
task on a case during a single day, the fee declaration shall list each task and the time required for that
task separately. Fee declarations shall account for time in 0.01 hour increments.
SPECIAL CIRCUMSTANCE
Lower Superior: $110 per hour to a maximum of $12,500 (including PX sessions)
$110 per hour to a maximum of $12,500 (including PX sessions) for Second Chair
selected by lead counsel and approved by CAAP Committee PX sessions 250
ATTORNEYS ARE REQUIRED TO SEND CAAP WRITTEN NOTIFICATION OF CASE
CLASS (i.e. DEATH/LWOP) IMMEDIATELY, BUT IN ANY EVENT NOT LATER THAN TEN
(10) DAYS FOLLOWING ARRAIGNMENT IN UPPER SUPERIOR COURT.
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CAPITAL CASES (DEATH)
Upper Superior: $110 per hour to a maximum of $100,000 per attorney per case
(including jury trial sessions).
Trial sessions 300
LIFE WITHOUT PAROLE (LWOP)–(non-death Special Circumstance; 209(a) if GBI likelihood of
death); 209.5(a); 218; 219)
The maximum amount billable (for both lower and upper Superior Court) is $15,000, (excluding PX and
trial sessions)
Lower Superior: $80 per hour (excluding PX sessions)
PX sessions 250
Upper Superior: $80 per hour (excluding jury trial sessions)
Trial sessions 275
SEXUALLY VIOLENT PREDATOR
$75 per hour
PX sessions 225
Trial sessions 275
CLASS I –A CASES
MURDERS (PC§187’s)/LIFE CASES – including PC§§187(a)/664(a) w/ premeditation (LWP); all
cases w/ a charged life sentence except Three Strike cases
The maximum amount billable (for both lower and upper Superior Court) is $8,000, (excluding PX and
trial sessions)
Lower Superior: $80 per hour (excluding PX sessions)
PX sessions 225
Upper Superior: $80 per hour (excluding trial sessions)
Trial sessions 275
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CLASS I - B CASES
Lower Superior: Base 1,750
PTH (maximum 2 billable sessions) 50 each
PX sessions 225
Upper Superior: Base if certified for sentencing (paid only if no Upper 200
Superior Court base paid)
Base if held to answer or Indictment 1,600
Base if appointed in USC (did not represent in LSC) 1,950
D&S (maximum 2 billable sessions) 50 each
Trial Prep (one time only) 250
Trial sessions (first 2 sessions) 275
Trial sessions (starting w/ 3rd
session) 300
CLASS II CASES
Lower Superior: Base 800
PTH (maximum 2 billable sessions) 50 each
PX sessions 220
Minimum payment for a case fully disposed of in 1,000
Lower Court (e.g., dismissed or plea to misdemeanor)
Not paid in cases in which the client was accepted
for Prop 36, or Diversion.
Upper Superior: Base if certified for sentencing (paid only if no 100
Upper Superior Court base paid)
Base if held to answer or Indictment 700
Base if appointed in USC (did not represent in LSC) 1,000
D&S (maximum 2 billable sessions) 50 each
Trial Prep (one time only) 250
Trial sessions (first 2 sessions) 250
Trial sessions (starting w/ 3rd
session) 275
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CLASS III CASES
Lower Superior: Base 575
PTH (maximum 2 billable sessions) 50 each
PX sessions 220
Minimum payment for a case fully disposed of in 700
Lower Court (e.g., dismissed or plea to misdemeanor)
Not paid in cases in which the client was accepted
for Prop 36, or Diversion.
Upper Superior: Base if certified for sentencing (paid only if no 100
Upper Superior Court base paid)
Base if held to answer or Indictment 500
Base if appointed in USC (did not represent in LSC) 700
D&S (maximum 2 billable sessions) 50 each
Trial Prep (one time only) 250
Jury Trial sessions (first 2 sessions) 245
Trial sessions (starting w/ 3rd
session) 270
CLASS IV
Base 425
PTH (maximum 2 billable sessions) 50 each
Readiness Hearing (one time only) 75
Trial Prep (one time only) 100
Jury Trial sessions (first 2 sessions) 225
Trial sessions (starting w/ 3rd
session) 250
CLASS V CASES
Base 400
PTH (maximum 2 billable sessions) 50 each
Readiness Hearing (one time only) 75
Trial Prep (one time only) 100
Jury Trial sessions (first 2 sessions) 225
Trial sessions (starting w/ 3rd
session) 250
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PROGRAM DOES NOT PAY FOR CITATIONS IN CASP FILES EVEN IF A MISDEMEANOR
IS ALLEGED.
JUVENILE CASES
Base, class IV & V, not certified to adult court 390
Base, class III, not certified to adult court 440
Base, class II, not certified to adult court 600
Base, class I, not certified to adult court 1,000
Jurisdictional hearing session:
Class I 250
Class II & III 225
Class IV & V 200
Detention Hearing on new § 602 case (one time only) 200
PTH (maximum 2 billable sessions) 50 each
Dispositional Hearing (maximum of 3 billable sessions 50 each
per Petition) (if 2 or more petitions pending on same date,
billable as one event)
Detention Hearing on request to change placement or
for other miscellaneous reason (i.e. home supervision 100
failure)
Collaborative Court $ 65 hr.
(maximum $2,000 per case)
Cases transferred in:
Detention Hearing (one time only) 200
Disposition Hearing (one time only), if
not heard on same day as detention hearing 100
1st appearance on date appointed, if no detention 100
Hearing
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SB-81 (ward returned from DJJ)
Base 350
(all subsequent appearances billable as MPSA’s)
Motion Sessions: (not billable if session cont. or 150
dropped at attorney’s request)
Payable in 707B hearings only after Behavioral
Study filed
W&I §637, 241.1 hearings are not billable motion
Sessions; refer to Definitions Page 1, No. 7
Independently heard Probation Violations (§ 777)
No base 0
Detention Hearing (one time only) 200
Pretrial Hearing (if not heard on same day 50 each
as detention hearing or disposition hearing)
(maximum 5 billable sessions per event number)
(if 2 or more events pending on same date,
billable as one session)
Disposition Hearing (if not heard on same day 50 each
as detention hearing or pre-trial hearing)
(maximum of 3 billable sessions per Petition)
(if 2 or more events pending on same date,
billable as one session)
Evidentiary Hearing (per session) 150
If the attorney represents the same client on multiple petitions, the attorney is entitled to a base on
each petition as provided in the fee schedule. All appearances for that client, however, shall
otherwise be billed as a single case. If a minor commits new criminal misconduct while a § 602
petition is pending, and the DA chooses to amend the petition by adding counts rather than filing a
new petition, the attorney may ask the committee in writing to consider paying a new base on the
added counts.
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MOTIONS (Non-hourly Classes only)
Motion preparation – w/ P&A (Refer to ¶ C(1)) 250
A copy of the Motion preparation – w/o P&A (Refer to ¶ C (1)) 75
Motion must be
submitted with Pitchess/Pierre C. Motions – w/ detailed facts 250 the fee declaration
(incl. hourly cases) PC§995 Motions – w/P&A (Refer to ¶ C(1)) 350
Motion session (Refer to Page 1 for definition of 150
“Motion Session”) (Pitchess motions billable
one time only) (identify MS on fee declaration)
Motion session payable if appear and motion 50
not heard (not billable if session
cont. or dropped at attorney’s request)
PROBATION VIOLATIONS
Felony PV based on District Attorney petition alleging 350
new criminal conduct and heard independently. A copy
of the DA petition must be attached to the attorney’s fee
declaration. Does not apply to Prop. 36 PV’s.
Dependently heard probation violations/ W&I 777, 50
i.e., any petition to revoke in which the attorney is
concurrently representing the client on another case
in the same courthouse. (Refer to Page 1 for definition
of “heard dependently”)
For all other independently heard probation violation matters 80 ea.
a base will not be paid. If the attorney’s presence was required
by the judge, and additionally, the attorney made an appearance
on the record, such appearances may be billed as MPVA’s up to
a maximum of $240.00 excluding PV evidentiary hearing sessions.
Does not apply to Prop. 36 PV’s.
PV evidentiary hearing session when hearing actually occurs at the
(witnesses called to testify) jury trial
session rate
for the class
of case violated
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OTHER PAYMENTS
In-custody client contacts
Client interviews at Santa Rita (SRJ) 100 per trip
(regardless of the number of clients seen)
Client interview at Glenn Dyer (NCJ) 100 per trip
(regardless of the number of clients seen;
not billable on WWM PTH date)
Client interviews at Juvenile Justice Center (JJC) 100 per trip
and Camp Sweeney (regardless of the number of minors seen)
Client interviews which occur just prior to, during or immediately
after the scheduled juvenile court appearance, are not billable
Court Waiting –list times on fee declaration 100
Note: Court waiting may be billed only if the wait is over
one hour for PX or two hours for trial, and the delay occurs
through no fault of the attorney. A CW may never be
billed if the same session can also be billed as a PX or trial
session.
Lineup 250
Miscellaneous representation - Juvenile court 150
Miscellaneous representation – Adult court 150
Note: Miscellaneous Representation may never be billed
unless prior approval of the Program is received
MPSA (Mandatory Post-Sentencing Appearances): Such appearances, both adult 75
and juvenile, may be billed only if the judge requires the attorney to be present.
An appearance on the record must have been made. Neither the sentencing
hearing nor any appearance prior to the time the client is sentenced, may be
billed as a MPSA’s. If a client has multiple ending probations, the attorney
may bill only one MPSA per session.
MAXIMUM BILLABLE MPSA’s – Attorney may bill a maximum of
Ten (10) MPSA’s per case, per year (commencing from date of 1st MPSA
($750) – applies to all existing cases).
MPPA (Mandatory Post-Plea Appearances): mentor diversion, deferred 50 per
prosecution appearance
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Writ –May be billed to a maximum of $3,000 per case $100 per hour
Attach copy of Writ to Fee Declaration
Civil / Criminal Contempt 300 base
Attach copy of OAH for each appearance billed 100 per
appearance after 1st
Attorney may bill a maximum of ten (10) appearances per case
Appeals on misdemeanor cases. May be billed to a $75 per hour
maximum of $3,500 per case
PAYMENT GUIDELINES
FOR CRIMINAL CASES
A. Multiple Cases
1. An attorney who is appointed to represent a client on a felony matter who also has a
misdemeanor matter or matters pending in the same courthouse (Refer to definition of “heard
dependently”) will be paid a base of $100 for handling each such misdemeanor case, in
addition to fees paid for handling the felony.
2. An attorney who is appointed to represent a client on multiple misdemeanor matters pending
in the same courthouse (Refer to definition of “heard dependently”) will be paid a full base on
one case and $100 for each additional misdemeanor case.
B. Hearing/Jury Trial Session Payments
1. Session payments for preliminary hearings and trials will be made only when the case has
been assigned to the PX or trial department for PX or trial. Cases not assigned out to a PX or
trial department will not be paid a session rate. However, attorneys with cases that languish in
the calendar department without being sent out may bill for Court Waiting if appropriate under
these guidelines.
(a) In districts where cases are tried or PX sessions held in a calendar department (e.g.,
Fremont, Pleasanton, and Alameda), PX session may be billed once the 1st witness is
sworn. Trial sessions may be billed once the court begins addressing in limine motions
or the attorney begins picking a jury. If the case languishes without the PX or Trial
actually beginning, attorneys in these districts may bill for Court Waiting if appropriate
under the guidelines.
(b) A JT session will be paid at an R&S only if the case went to verdict.
2. If a case is sent out to a PX or trial department and a plea is taken, a session rate may be paid
for the session in which the plea is taken, at the discretion of the Program. If a case is sent out
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to a PX or trial department for the sole purpose of entering a guilty/no contest plea, a PX or
trial session WILL NOT be paid. Attorneys who routinely deal cases at preliminary hearings
and/or at trial rather than at pretrial hearings and D&S dates, in order to take advantage of this
rule, will be considered to be in violation of the ACBA Rules.
3. If a PX or trial session lasts beyond 12:45 p.m. from a morning session or 5:15 p.m. from an
afternoon session, the Program will pay an additional session fee.
4. Attorneys may not double bill for hearing sessions on the same client. (Refer to ¶ H (3)
below).
5. Routine motions and hearings are not billable. Examples of routine motions that are not
billable include, but are not limited to, the following: Refer to Definition of Terms (Page 1).
C. Motion Preparation and Session Payments
1. Motion preparation will be paid for:
(a) Substantial written motions that are not routine or boilerplate, and which include a
statement of facts, points and authorities, and argument that is uniquely tailored to the
case. When billing, the attorney must attach a copy of the written motion to the fee
declaration.
(b) Pitchess/Pierre C. Motions that are not routine or boilerplate, and which include a
detailed statement of facts. When billing, the attorney must attach a copy of the written
motion to the fee declaration.
(c) 995 motions that are not routine or boilerplate, and which include a statement of facts,
points and authorities, and argument that is uniquely tailored to the case. When billing,
the attorney must attach a copy of the written motion to the fee declaration.
(d) Other written motions that are not routine and require detailed facts or argument
uniquely tailored to the case, may be paid at the lower rate. When billing, the attorney
must attach a copy of the written motion to the fee declaration.
2. When the attorney represents a client on multiple cases, and essentially the same motion is
made in more than one of those cases, the attorney may bill for an MP or MS in one case only.
3. If a brief is filed in opposition to a prosecution motion or a supplemental motion/brief is filed,
and the brief comports to the guidelines for payment as set out in (C)(1)(a) - (d) above, the
attorney may bill for the brief as a Motion Preparation.
D. Old Client / New Case
1. If there has not yet been a finding of guilt by way of plea or trial, and the client goes into
bench warrant status for a period of at least 6 continuous months, the attorney may bill for a
new base if the client is picked up on the bench warrant and criminal proceedings are resumed.
2. If there has not yet been a finding of guilt by way of plea or trial, and the client is found
incompetent (pursuant to PC§1368) for a period of at least six (6) months, the attorney may
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bill for one-half the base and if more than one (1) years’ time has elapsed, the attorney may
bill a full base, if the client returns and criminal proceedings are resumed.
3. If the DA formally announces that a case will be retried following a mistrial, a new base may
be billed.
4. If an attorney takes over a case from a previously appointed attorney prior to the entry of a no
contest or guilty plea/verdict, the new attorney will be paid a full base. An attorney appointed
after the defendant has plead no contest/guilty or is found guilty is not entitled to a base, but
may bill for PV’s, MPSA’s, etc.
5. Following the dismissal of a Complaint or Information pursuant to PC§§ 1382 or 1387.2, a
panel member may bill a reduced second base following the re-filing of the accusatory
pleading as follows: Class 1 - $700; Class 2 - $500; and Class 3 - $300. The CAAP will not
pay a second full base, even if the DA files a new pleading and the case proceeds under a new
or different docket number.
E. Miscellaneous Payment Issues
1. Withdrawing From Case: An attorney who withdraws from a case before it is finally
resolved may not be paid a base. In instances where the attorney has already been paid, the
Program reserves the right to recover the base. If the attorney withdraws, payment may be
made in the discretion of the committee if the attorney submits a letter setting forth the reasons
for the withdrawal and the work that was done.
Any attorney who accepts an appointment to represent a client is expected to stay in the case
until it is finally resolved. Examples of when the attorney must continue representation of the
client include: (1) When the attorney withdraws after a bench warrant is issued and the court
asks the attorney to come back in after the client has been picked up on the bench warrant. In
such instances, the attorney may be entitled to a new base under Rule (D)(1) above; (2) When
post-sentencing hearings are scheduled and the attorney’s appearance is required by the court;
(3) In Special Circumstances cases, when the prosecution at the trial court level has chosen not
to seek death. Attorneys who withdraw from cases in violation of these rules must return the
base fee paid and are subject to sanctions or removal from the panel.
2. Attorney Not Appointed: If an attorney is referred to a case, travels to the court for the sole
purpose of being appointed on that case, and for any reason is not appointed, a fee of $95 will
be paid. It shall be the attorney’s responsibility to notify the CAAP, within one working day
that he/she was not appointed to the case, at which time the attorney will be placed back into
the rotation as if he or she had not been referred to that case. If the attorney is paid and then
subsequently is appointed to represent the client, the $95 payment shall be deducted from the
attorney’s earnings for representing that client.
3. Record Review: Up to a cap of $2,000, the Program will compensate the attorney for
reviewing voluminous discovery as follows: If the number of pages for police reports, other
written discovery provided by the prosecution, grand jury transcripts, and subpoenaed
records, exceeds 50 pages, CAAP will pay $1 per page reviewed after the first 50 pages.
Review of photographs is not billable as “pages reviewed”. CAAP will pay $40 per
audio/video/DVD hour for listening or watching tapes, CD’s or DVD’s after the first hour.
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Attorney must document the number of pages reviewed. Attorney must specify the time spent
reviewing each tape/CD/DVD and include the date(s) (time frame) documents were reviewed
in their Fee Declaration. “Audio or video hour” means the actual time it takes for the attorney
to review the tape/CD/DVD in a lawyerly fashion. The Program will not pay for reviewing
charging documents or the preliminary examination transcript where the CAAP panel member
represented the client at the PX. “Record review” is not billable in cases which are
billed hourly.
In unusual cases, where the cap is exceeded and the attorney believes additional payment is
justified, the attorney may write a letter to the Program and ask that additional payment be
considered.
a. Juror Questionnaires: Written questionnaires filled out by potential jurors also shall not
be included in the calculation of pages. Review of juror questionnaires, however, may be
billed at the rate of $5 per questionnaire (except for hourly billers).
4. Harris Motions: When a Harris motion is granted, the Program will pay the attorney
according to the fee schedule minus whatever fees the attorney received from any source at
any time. It is the attorney’s responsibility to accurately inform the Program of all fees the
attorney has received as compensation for defending the client.
F. Fee Declarations
1. All requests for payment must be submitted on the most recent CAAP Fee Declaration form
and attachments.
2. Interim and Final Fee Declarations: Attorneys are required to submit an interim Fee
Declaration in all cases (felony and misdemeanor) that are not resolved within ninety (90)
days. All interim fee declarations must be submitted within thirty (30) days after work is
completed and final declarations no later than thirty (30) days after the completion of the case
to be eligible for full payment, including all expenses. (Refer to definition of “Work is
Completed” and “Completion of Case” on Page 2). Beginning thirty (30) days after the
declaration is due; there will be a 10% reduction per month in fees until the declaration is
submitted.
3. Fee Declarations Must be Legible: All information on the form must be either typed or
neatly printed, and all information required to be included in the form must be filled out.
Illegible or incomplete forms will be returned to the attorney.
4. Expenses: All non-attorney fees and expenses, such as expert witness fees, investigator's fees,
outsourced copying, etc., must be billed using the CAAP Fee Declaration form. The original of each invoice or receipt must be submitted with the Fee Declaration. A copy of the
authorization approving payment for such non-attorney fees or expenses must also be
submitted with the declaration. Receipts are not required for reimbursement of de-minimis
amounts ($10.00 or less) where receipts are ordinarily not available.
Appendix 5 Current Fee Schedule for Court Appointed Attorneys Program of the Alameda County Bar Association
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Attorneys are responsible for monitoring, reviewing, and approving investigators’, expert
witness, and other ancillary providers before such bills are submitted to the Program for
payment.
It is the attorney's responsibility to pay the investigator's or expert's invoice. It is the attorney's
responsibility to see that the expert/investigator’s invoice does not exceed the authorized
amount and to seek additional funds, when necessary. It is the attorney’s responsibility to
submit invoices for investigators/experts within ninety (90) days of the date service is
completed. If the authorized amount is exceeded, the Program may refuse to pay for the
amount over the authorization. Fee declarations with invoices exceeding the authorized
amount must have attached a letter signed by the attorney explaining the reason(s) for the
overage. In general, services performed by an investigator which were not authorized will not
be paid. Exception will be made for circumstances in which it is impractical to wait for
authorization from the Program. In those circumstances, reimbursement will be decided on a
case-by-case basis.
5. Per Diem Guidelines: Travel Per Diem for lodging and meals shall be reimbursed at the
following rates:
(a) The Per Diem rate for lodging (including taxes and fees) shall be a maximum of $150 per
day unless specific exception is made prior to travel;
(b) The Per Diem rate for meals shall be a maximum of $60 per day;
(c) The CAAP will not provide reimbursement for any of the following:
(1) Expenses incurred for spouse or any other family member, or any unauthorized person
not specifically authorized by the CAAP;
(2) Alcoholic beverages of any kind;
(3) Snacks or soft drinks or other nonalcoholic beverages not consumed as part of a meal;
(4) Personal telephone calls, whether charged local or long distance toll calls;
(5) Any form of personal entertainment;
(6) Any charge for which there is no receipt, except documented mileage;
(7) Gasoline, where mileage rate is paid;
(8) Any expense associated with travel, lodging, meals, or incidental costs where prior
approval of the CAAP is not requested and given.
6. Separate Fee Declarations for Each Case: Each case, i.e., each docket number on which the
client is represented, must be billed on a separate Fee Declaration. For instance, if the attorney
is representing a client on a new case concurrently with multiple PV’s in the same court, a
separate declaration must be submitted for the new case, and additionally, separate
declarations must be submitted for each docket number in which the attorney seeks payment.
Appendix 5 Current Fee Schedule for Court Appointed Attorneys Program of the Alameda County Bar Association
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7. Motion Preparation: When an attorney is requesting payment for motion preparation (or is
billing hourly for the preparation of a motion), a copy of the written motion must be submitted
with the attorney’s Fee Declaration. If motion preparation is requested, the symbol "MP"
must be entered in the AM column beside the title of the motion.
G. Expenses
1. Investigation: It is the attorney’s responsibility to read/review the discovery, develop a
theory of defense of the case, and, if investigation is needed, communicate specific tasks to the
investigator that need to be done in order to discover the viability of the defense. Investigators
complete all work at the attorney’s direction, and the attorney is responsible for the
verification of the reasonableness of their services. This is not to discourage suggestions and
input from an investigator to the attorney, but a reminder that the attorney makes all decisions
with respect to what investigation is, or is not, to be done. These decisions are NOT to be
delegated to an investigator.
All requests for investigation must be made in writing and approved by the CAAP Managing
Attorney or Committee before the expense is incurred. The request must be on the approved
form by the Program, prepared by the attorney (NOT the investigator), must be case specific
and detail the tasks to be performed by the investigator, an estimate of the number of hours
needed for the investigation, and a specific dollar amount requested. The request for
investigation serves as both the justification for the funding requested as well as the written
investigative request to the investigator. Boilerplate investigation requests will not be
approved.
In case an emergency arises during trial, the CAAP Managing Attorney (or a Committee
Member) should be contacted immediately so that approval can be given quickly for new
investigation needs. All emergency authorizations must be followed up with a written request
on the approved form as soon as possible but no later than seven days after the request was
approved.
It is the attorney’s responsibility to insure that their investigators comply with the
guidelines and procedures set forth in the CAAP “Rules for Investigators,” updated
periodically. The Program maintains a list of licensed investigators who have agreed to do
CAAP Program investigation at the rates determined by the Program set out below. While
that list is available to CAAP attorneys, the Program makes no recommendation as to any
investigator.
(a) Billable Investigative Tasks: The Program will pay $50.00 per hour and $.40 per
mile for billable investigative tasks as outlined in the Rules for Investigators;
(b) Billable Non-Investigative Tasks: The Program will pay $18.00 per hour for
billable non-investigative tasks as outlined in the Rules for Investigators; and
(c) MP3 Creation: The Program will pay a maximum of $25.00 per disc for extracting
the audio/video and creating an MP3 file and $18.00 per hour for editing/redacting
legally protected material. The attorney must listen to the CD/DVD first and mark
where redaction should occur before the CD/DVD is given to the investigator.
Appendix 5 Current Fee Schedule for Court Appointed Attorneys Program of the Alameda County Bar Association
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2. Expert Witness: Requests for funds for expert witnesses must be in writing and must include
a detailed explanation as to why the expert is needed. The attorney shall get a written estimate
from the expert and submit that with the request for authorization. It is also recommended that
several inquiries be made in order to take advantage of rate differentials. The Program will pay
experts as follows:
(a) For out of court preparation, a maximum of $250 per hour for consultation and $200
per hour for travel up to a maximum of $2,500;
(b) For testimony, a maximum of $250 per hour and $200 per hour for travel.
3. Immigrant Legal Resource Center (ILRC): Requests for funds for a consultation with the
Immigrant Legal Resource Center (ILRC) must be in writing and approved by the CAAP
Managing Attorney before the ILRC is contacted. The request must be on the form approved
by the Program and must state an estimate of the time needed for the consultation and a
specific dollar amount requested. An ILRC Attorney of the Day (AOD) is currently available
for consultation Monday through Thursday, 10:00 a.m. to 3:00 p.m. If you leave a message fax
or e-mail, the AOD will get back to you as soon as possible, and certainly within no more than
two business days. The ILRC charges $200.00 per hour for attorney time. The minimum
amount of attorney time logged for a consultation will be 1/10th of an hour.
4. Transcribers, Interpreters, Paralegals, etc: Requests for funds for transcribers, interpreters,
paralegals, process servers, and other related service providers must also be made in writing
on the authorization form before the expense is incurred. As with experts and investigators, all
bills are to be submitted to the Program by the attorney on the standard Fee Declaration form,
which must include the original invoice, along with a copy of the authorization form(s).
Payment is made to the attorney, who is responsible for paying the service provider's invoice.
(a) Certified Interpreters: The Program will pay a maximum of $65 per hour for
certified interpreters.
(b) Non-certified Interpreters: The Program will pay a maximum of $45 per hour for
non-certified interpreters.
(c) Paralegals: In extraordinary cases, an individual attorney may submit a request for
paralegal services. A paralegal is defined as: 1) a lawyer, 2) a person with at least one
year of law school, 3) a graduate of a paralegal program, or 4) one who has worked as a
paralegal for at least two years. The CAAP Advisory Committee reviews all requests for
paralegal services and approves funds for this purpose on an ad hoc basis. The Program
will pay a maximum of $25 per hour for paralegals.
(d) Transcription: The Program will pay a maximum of $18 per hour for transcribing
tapes/CDs/DVDs or other media. When more than one CAAP attorney is involved in a
case, the Program will pay for only one transcription of tapes/CDs or other media. An
attorney shall make the transcriptions available to all other CAAP attorneys in that case.
This includes instances where one client is charged as a juvenile and another as an adult.
Appendix 5 Current Fee Schedule for Court Appointed Attorneys Program of the Alameda County Bar Association
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6. Special Circumstances - Death Penalty - Procedure: The attorney must secure a court order
for investigation and expert witness expenses pursuant to Penal Code Section 987.9 and
present the order to the Auditor-Controller's Office for payment.
7. Copying Costs: The Program will reimburse attorneys for in-house copying at a rate not to
exceed 10 cents per page up to a maximum of 100 pages per case.
8. Other Incidental Costs: The Program will not reimburse attorneys for long distance
telephone calls, parking, mileage, or other such costs.
H. Additional Rules for Fee Payments
1. Case Exceeds Attorney’s Class: An attorney may only take cases that are in the attorney’s
class. Occasionally, the Program will mistakenly assign a case that exceeds the attorney’s
class. In that instance, the attorney must immediately inform the Program that another
attorney should be assigned to the case. The attorney has this obligation even when the
attorney was eligible to take the case when it was first assigned, but at a later time, the
charging document is amended to increase the client’s exposure. If the Program, for whatever
reason, allows the attorney to keep the case, the attorney must confirm that to the Program by
way of written letter. To keep the case otherwise is a violation of these rules. The Program
reserves the right to not pay any attorney who violates this rule.
2. Attorney Believes Case is a Higher Class: If the attorney believes a case is in a higher class
than what Program staff indicated, and the attorney is eligible to take cases in the higher
class, the attorney may attach a copy of the charging document to the declaration and ask that
the case is set at the higher class. Otherwise, a case must be billed at the class level for which
it was assigned. When calculating exposure, the Program does not consider uncharged
priors, nor will priors be viewed as strikes when they are not specifically pled as strikes
pursuant to 1170.12(c)(1) or 1170.12(c)(2).
3. Double Billing Not Allowed: As to any client, an attorney may bill only once for work
performed in a session. Examples of double billing that are not allowed include, but are
not limited to, the following: (1) billing for a motion argued during a PX session; (2) billing
for MPVA’s while a PV is pending; (3) billing for essentially the same motion on multiple
cases for the same client; (4) billing for multiple MPSA’s, MPVA’s or dependently heard
PV’s for the same client on the same date, in the same dept.; (5) billing a probation violation
hearing heard concurrently with a PX.
4. Redacting Discovery: All attorneys are expected to comply with PC § 1054.2 barring
disclosure of telephone numbers and addresses of witnesses to anyone, including the defendant
and the defendant’s family. Redaction of discovery needs to be effective and
complete. Attorneys are responsible for reviewing and approving all redacted materials
prepared by third parties before delivery to the client.
Appendix 5 Current Fee Schedule for Court Appointed Attorneys Program of the Alameda County Bar Association
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5. Appointments from the Bench: An attorney who accepts an appointment from the bench,
without a referral by the Program, is not entitled to compensation from the Program. If
offered an appointment from the bench, the attorney is obligated to tell the Judge that they will
not get paid by CAAP until and unless the court gets prior approval from CAAP. Attorneys
who repeatedly take appointments from the bench without the consent of the Program are in
violation of CAAP Rules and subject to discipline or removal from the panel.
6. Appointed in USC: If an attorney is appointed for the first time in the Upper Superior Court,
the attorney may bill the base payable for a case fully disposed of in Lower Superior court.
7. Additional Compensation: If an attorney believes that the services provided in a particular
case warrant compensation above that which is authorized by this fee schedule, the attorney
may write a detailed letter to the committee explaining why additional compensation is
justified. The committee, at its discretion, may award additional compensation for
extraordinary efforts on the part of the attorney.
Note: The CAAP Advisory Committee revised the language of paragraph H (7) at their
meeting on January 13, 2009 to clarify the circumstances in which additional compensation
may be awarded.
Appendix 5 Current Fee Schedule for Court Appointed Attorneys Program of the Alameda County Bar Association