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, where 3000 pages or more were read |
Note: a People's appeal of a motion for new trial qualifies as an upper-tier-rate case where one or more of the criteria 1-3 in the above chart are met.
Step 3: Hourly rates are determined by the date of appointment. What is the date of your appointment?
Appointments on or after 7/1/16:
- Upper-tier independent appointments = $115
- All other independent appointments = $105
- All assisted appointments = $95
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: Determine the date of appointment. For cases where counsel was appointed on or after January 1, 2017, the current mileage rate of $.50 applies. For cases where counsel was appointed before January 1, 2017, mileage rates are determined by the date of travel, not the date of appointment (see chart below).
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."
Mileage Rate For Cases Where Counsel was Appointed on or After January 1, 2017 |
Up to $.50 per mile for use of personal car for travel in cases where counsel was appointed on or after 1/1/17. |
Previous Mileage Rates for Cases Where Counsel was Appointed Before January 1, 2017 |
Up to $.485 per mile for use of personal car for travel on or after 1/1/07. This rate applies to travel on or after 1/1/17 if counsel was appointed before 1/1/17. |
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. |