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

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

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 7/1/22:
  • Upper-tier independent appointments = $130
  • All other independent appointments = $120
  • All assisted appointments = $110
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.