SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2007 SESSION

  • | print version

HB 2361 Court-appointed counsel; compensation for services.

Introduced by: Lacey E. Putney | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Waiver on compensation cap for court-appointed attorneys.  Provides that court-appointed counsel, who are not public defenders, may request a waiver of the limitations on compensation up to certain specified additional amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The determination of whether to grant such a waiver shall be subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia. Counsel may request an additional waiver exceeding these amounts and the presiding judge shall determine whether an additional waiver is justified.  If the judge determines that the additional waiver is justified, he shall forward the request to the chief judge of the circuit court or district court for approval. If the Executive Secretary of the Supreme Court of Virginia certifies that funds appropriated to pay for such waivers become insufficient, no further waivers shall be approved. The bill also provides that, in the event the defendant is convicted and a waiver of the compensation cap has been requested, the court shall only assess against the defendant an amount equal to the pre-waiver cap as a part of the costs of prosecution. The bill also requires the Executive Secretary of the Supreme Court to report quarterly to the Governor and the members of the House Appropriations and Senate Finance Committees the number of cases in which court-appointed counsel is assigned, the category of offenses charged in such cases, and the amounts paid in excess of the compensation cap. This bill is identical to SB 1168.

SUMMARY AS PASSED:

Waiver on compensation cap for court-appointed attorneys.  Provides that court-appointed counsel, who are not public defenders, may request a waiver of the limitations on compensation up to certain specified additional amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The determination of whether to grant such a waiver shall be subject to guidelines issued by the Executive Secretary of the Supreme Court. In addition, for felony charges, counsel may request a waiver above the specified caps by the presiding judge who shall determine whether an additional waiver is justified.  If the judge determines that the additional waiver is justified he forwards it to the Chief Judge of the Circuit Court for approval, which approval shall be contingent upon a certification of the Executive Secretary of the Supreme Court. If funds appropriated to pay for such waivers become insufficient, no further waivers shall be approved. The bill also provides that, in the event the defendant is convicted and a waiver of the compensation cap has been requested, the court shall only assess against the defendant an amount equal to the pre-waiver cap as a part of the costs of prosecution. This bill is identical to SB 1168.

SUMMARY AS PASSED HOUSE:

Waiver on compensation cap for court-appointed attorneys.  Provides that court-appointed counsel may request a waiver of the limitations on compensation up to certain specified additional amounts depending on the charges being defended when the time and effort expended, the result obtained, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. In addition, for felony charges, counsel may request a waiver above the specified caps by the presiding judge who shall determine, by considering the effort expended and the time reasonably necessary for the representation whether additional waiver is justified.  If the judge determines that the additional waiver is justified he forwards it to the Chief Judge of the Circuit Court for approval, which approval shall be contingent upon a certification of the Executive Secretary of the Supreme Court that sufficient funds are available for payment.

SUMMARY AS INTRODUCED:

Waiver on compensation cap for court-appointed attorneys. Provides that court-appointed counsel may request a waiver of the limitations on compensation by submitting the request, in writing, accompanied by a detailed accounting of the time expended on the representation and the justification for the waiver, to the appropriate court. If the court determines that the request is justified, it shall be sent to the Executive Secretary of the Supreme Court of Virginia for approval. If approved by the Executive Secretary, the court shall direct that payment be made.