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rate information

Calculation of Hourly Rate

Step 1: "Upper tier" rates are reserved for cases assigned on
an independent basis and that meet at least one of the
upper-tier characteristics in Step 2.

 

Step 2: Does the current appeal include one of
these qualifiers from the upper-tier matrix?

1. Jury trial + LWOP sentence

2. Jury trial + conviction in: PC 187*, 189, 209(b), 220, 261-269, or 281-294

*Caveat: “murder” is first or second degree, and does not include manslaughter or attempted murder counts, nor dismissed counts.

3. Any record of 3000 pages or more, before or after augment

 

Step 3: Hourly rates are determined by the date of appointment. What is the date of your appointment?

Appointments on or after 7/1/07:

  • Upper-tier independent appointments = $105
  • All other independent appointments = $95
  • All assisted appointments = $85

Appointments on or after 7/1/06:

  • Upper-tier independent appointments = $100
  • All other independent appointments = $90
  • All assisted appointments = $80

Appointments on or after 10/1/05:

  • Upper-tier independent appointments = $90
  • All other independent appointments = $80
  • All assisted appointments = $70

Appointments on or after 10/1/98:

  • Upper-tier independent appointments = $85
  • All other independent appointments = $75
  • All assisted appointments = $65

Pre-10/1/98 Appointments [no independent tiers]:

  • AIl independent appointments = $75
  • All assisted appointments = $65

Clarifications: The filing of a Wende or Sade C. does not change the hourly rate.

Also, the proceedings underlying the current appeal control the rate.
For example, if an upper-tier appeal results in a remand for resentencing,
a new appeal from that resentencing would not invoke the higher rate.

Calculation of Mileage Rate

Step 1: Mileage rates are determined by the date of travel (not date of appointment).

Step 2: Does the travel other than for oral argument require preauthorization? See Preauthorization Procedures article.

Step 3: Is travel by personal car the least expensive alternative for travel? See Preauthorization Procedures article: "Economic Element".

Up to $.485 per mile for use of personal car on or after 1/1/07;

Up to $.445 per mile 7/1/06-12/31/06;

up to $.34 per mile 1/1/02 - 6/30/06;

Up to $.31 per mile prior to 1/1/02.

 

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