Appointed counsel are compensated at an hourly rate that is based on the type of appointment and type of case. Specific information about current hourly rates is available on our rates webpage. Counsel are required to keep time records to the nearest one-tenth of an hour and submit a compensation claim in order to receive payment. Typically, counsel may file two compensation claims in a case—an interim claim after the opening brief is filed and a final claim after the opinion is filed or whenever services are concluded in the appeal.
Panel attorneys submit compensation claims using an online portal. CCAP staff attorneys assess the claims and make recommendations for payment based on statewide claim guidelines, which were developed based on an estimate of time reasonably required by an experienced appellate attorney. A recommendation may be different from guidelines if the case was exceptionally challenging or counsel produced work of unusually high quality that was of notable benefit to the client, the court, or the law. The ultimate test is “reasonableness”—what an experienced appellate attorney would find reasonably necessary for handling the case appropriately. This is an individualized judgment for each case. Once submitted for payment by the state, project staff recommendations are subject to further screening and audits that can potentially result in higher or lower awards than that recommended. For this reason, CCAP works with counsel to help support the time claimed by providing explanatory comments where necessary.
