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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, 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
Note: Rate is determined by date of travel, not the date of appointment.

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.

 

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