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2007 SESSION

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SB 1168 Court-appointed counsel; compensation for services.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)

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 HB 2361.


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