fee schedule for criminal cases - acgov. · pdf filefee schedule for criminal cases ....

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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.

Appendix 5 Current Fee Schedule for Court Appointed Attorneys Program of the Alameda County Bar Association

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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


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



Trial sessions (first 2 sessions) 250


session) 275


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CLASS III CASES

Lower Superior: Base 575


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



Jury Trial sessions (first 2 sessions) 245


session) 270

CLASS IV

Base 425


Readiness Hearing (one time only) 75




session) 250

CLASS V CASES

Base 400


Readiness Hearing (one time only) 75




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


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.


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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.


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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.


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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.


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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.


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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.


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