Fee Schedule For Court-Appointed Counsel And Guardians Ad Litem
STATE OF MAINE SUPREME JUDICIAL COURT
ADMINISTRATIVE ORDER JB-05-05 (A. 7-08)
Revised Fee Schedule For Court-Appointed Counsel And Guardians Ad Litem
In All Courts
Effective: July 1, 2008
This order amends JB-05-5 (A. 1-07), signed January 22, 2007, and effective
January 1, 2007.
The following schedules and administrative procedures
are adopted in all courts for all court-appointed counsel/guardians
ad litem submitting bills on or after the effective date of this order.
I. RATE
An hourly rate of up to $50 per hour is authorized for time spent
on the appointed case or cases. Counsel/guardians shall prorate among
the cases any time spent in common with other cases (e.g., travel, waiting,
and research time). In criminal matters, the Court will determine
the amount of compensation pursuant to M.R. Crim. P. 44(c).
II. EXPENSES
A. Routine expenses are considered to be included in the hourly
rate. Routine office expenses, including but not limited to postage,
express postage, regular telephone, cell telephone, fax, office overhead,
utilities, secretarial services, parking, and office supplies, etc.,
will not be reimbursed. Itemized nonroutine expenses, such as discovery
from the State or other agency, reasonable long distance calls, relevant
in-state mileage, tolls, and fees paid to third parties, shall not
exceed actual cost.
Mileage shall not exceed the applicable State rate
and shall not be paid for travel to and from counsel’s or guardian’s
home court. All out-of-state travel or overnight travel must be approved
by the court in writing prior to incurring the expense. Use of the telephone,
video equipment, and email in lieu of travel is encouraged as appropriate.
Claims for all such expenses must be itemized.
The court will reimburse
only for one set of discovery materials. If counsel/guardian is permitted
to withdraw, appropriate copies of discovery materials must be forwarded
to new counsel/guardian forthwith.
B. Other nonroutine expenses for
payment to third parties, which have historically required preapproval
by the court (e.g., investigators, medical and psychological experts,
testing, transcripts, depositions, etc.) are still required to be
approved in advance. Funds for third-party services and extraordinary expenses
will be provided by the court only upon written motion and a sufficient
demonstration of reasonableness, relevancy, and need.
- It is the responsibility of counsel/guardian to assure that the
service provider is given clear instructions as to responsibilities;
is made aware that there is a limit on the amount of funds
approved by the court; and that the court will not approve payment
of any charges in excess of amounts previously approved.
- The court may set both a maximum fee and an hourly
rate for any service provider. Amounts approved by the court
are deemed to include reasonable expenses, including but
not limited to, office and out-of-pocket expenses, mileage, travel
time, preparation of reports, and appearances at court.
- An arrangement for services is between counsel/guardian
and the service provider. Counsel/guardian must inform service
providers that they are not authorized to act as an agent
of the court nor is any agreement with counsel/guardian to be construed
as an appointment by the court or endorsement of services. It is
the responsibility of counsel/guardian to assure that the court
has approved a motion for funds before any services are engaged.
Counsel/guardian cannot assume that requests for supplemental funds
will be approved.
- In cases where it
is appropriate for counsel to retain the services of multiple
service providers, the court may approve a lump sum as a
defense budget that may be allocated at counsel’s
discretion. The total for all services cannot exceed the
amount approved by the court.
- Superior Court clerks maintain a list of licensed private
investigators who have executed agreements with the court
to provide services in the county on behalf of indigent defendants.
Counsel/guardians are encouraged to use the services of these
persons or agencies when funds are allotted by the court. In exchange
for being listed, the investigators understand that they are bound
by the limits of the court order; that the court will not provide
compensation in excess of the order; that they must submit an itemized
statement of services performed; and that they will not be compensated
or reimbursed for routine office expenses.
- Upon receipt
of a statement for services counsel/guardians shall forward
it to the clerk for processing and payment. Counsel/guardian
must state whether the services were satisfactory and that all
applicable reports and other information have been received. Counsel/guardians
are not required to advance funds to investigators or other
service providers.
C. In criminal and juvenile cases, witness, subpoena, and service
fees will be reimbursed only pursuant to M.R. Crim. P. 17(b).
It is unnecessary for counsel/guardians to advance these costs, and
they shall not be included as a voucher expense. Fees for service
of process by persons other than the sheriff shall not exceed
those allowed by 30-A M.R.S.A. § 421.
The same procedure shall be followed in civil cases.
III. MAXIMUM FEES
Vouchers submitted for amounts greater than the applicable
maximum fees, as outlined below, will not be approved for payment
except as approved by the Chief Justice of the Superior Court, the Chief
Judge of the District Court or their designees.
A. Trial Court Criminal Fees
- Maximum fees are set in accordance with
the following schedule:
- Murder: Fee is to be set by the trial justice
and reviewed by the Chief Justice or a designee.
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| Class A |
$2,500* |
| Class B and C (against person) |
$1,875* |
| Class B and C (against
property) |
$1,250* |
| Class D and E and habitual offender |
$625* |
| Class D and E (nonjury) |
$450 |
| Miscellaneous (i.e., post-conviction,
probation, revocation, etc.) |
$625 |
| Juvenile |
$450 |
| Minimum fee per appointment |
$125 |
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- [*The maximum fee listed in the table presupposes that
a jury trial was involved in concluding the case.]
- 2. In cases involving multiple counts against a single
defendant, the maximum shall be that which applies
to the most serious count. In cases where a defendant
is charged with a number of unrelated offenses, counsel/guardians
are expected to coordinate and consolidate services
as far as possible. The court will endeavor to appoint
the same counsel in all cases.
- 3. Criminal and juvenile cases will include all proceedings
through disposition as defined in Paragraph IV.A.
below. Any subsequent proceedings, such as probation revocation,
will require new application and appointment.
- 4. Court-appointed counsel/guardians are urged to limit
travel and waiting time by cooperating with each
other to stand in at routine, nondispositive matters by
having one attorney appear at such things as arraignments
and routine nontestimonial motions, instead of having all
court-appointed counsel/guardians in an area appear.
-
5. Upon written motion, assistant counsel/guardians
may be appointed in unusual cases: (a) the duties
of each attorney must be clearly and specifically defined
and there can be no duplication of effort; (b)
the court will approve one fee to be divided between
counsel; and (c) counsel must agree in advance as to
the proper distribution of the fee.
B. District Court Child Protection
- Maximum fees, excluding any itemized expenses, for court appointed
guardians and counsel in child protective cases, are set
in accordance with the following schedule:
- Child protective cases
(each stage) $750
- Termination of Parental Rights (with a
hearing) $1050
- Child protective cases will include proceedings resulting
in a court order as defined in paragraph IV.A. below. Each
distinct stage in on-going child protective cases shall be
considered a new appointment for purposes of the maximum
fee. A separate voucher must be submitted at the end of each
stage.
- Due to budget limitations and in recognition of
the role of guardians ad litem as governed by statute,
guardians ad litem will be reimbursed for only those
activities required by statute, and as set forth
below, except in extraordinary circumstances. The
following procedures are established relating to
guardians ad litem.
(a.) A reasonable amount
of time spent on the following activities will be compensated within the above guidelines:
- review of relevant mental health records and materials;
- review
of relevant medical records;
- review of relevant school
records and other pertinent materials; interviews
with the child(ren) with or without other persons present;
- interviews with
parents, foster parents, teachers, caseworkers, and
other persons who have been involved in caring for or treating
the child;
- face-to-face contact with the child(ren) at least once
every 3 months;
- preparation and submission of a guardian report
once every 6 months, or for each court event, whichever
is earlier;
- attendance at all court hearings and conferences;
- participation
in settlement discussions and attendance at settlement
conferences;
- attendance at the following family team meetings:
a. to
develop the initial Family and Child Plans;
b. before an imminent change in a case goal;
c. before an imminent change in placement; and
d. otherwise no more than once every 3 months;
- A PET may be substituted
for one of the quarterly Family Team meetings;
- activities
referenced in the Maine Rules for Guardians ad
Litem, Appendix A, Rule 3.2 (1) – (13);
and
- other activities specifically ordered
by the court in an individual case.
(b.) If guardians anticipate exceeding the maximum fee or engaging
in activities not specified above, they must seek prior court-approval.
In any case in which the guardian submits a voucher in excess
of the cap or which includes activities not specified above,
without pre-approval, the guardian may not be paid.
(c.)
Even if within the maximum fee for each stage, payment will
not be made for the following activities (many of which fall
within the duties required of DHHS caseworkers, and for which
there may be federal reimbursement available to DHHS) absent
specific prior court-approval which will be given in extraordinary
circumstances:
- appearances and work in connection with any other
related court cases, in excess of two hours;
- transportation
of the child(ren), parties, or others;
- making arrangements
for services for the child(ren) or any party;
- attendance
at appointments for evaluations or services provided
to the child(ren) or any party;
- attendance at PETs
or other school events, other than the PET substitution
set forth above;
- attendance at the child(ren)’s
events, other than as would constitute the required
face-to-face contact;
- attendance at family team meetings in
excess of those specified above;
- preparation of
the voucher and accompanying documentation; and
- establishing
an office file.
C. Law Court
- Appointed Counsel in Criminal Cases. Maximum fees, excluding any
itemized expenses, are set in accordance with the following
schedule:(a) Criminal Direct Appeals and Appellate work following
the grant of petition for certificate of probable
cause:
(a) Criminal Direct Appeals and Appellate work following the grant of petition
for certificate of probable cause:
- Simple Case $ 500
- Moderately Complicated Case $ 800
- Complex Case with Multiple Issues $1200
(b) Unsuccessful Application for Certificate of Probable Cause
- Simple Case $ 200
- Moderately Complicated Case $ 500
- Complex Case with Multiple Issues $800
Expenses shall be reimbursed for printing costs ($3 per page up
to a maximum of fifty pages) and mileage to oral argument
at the applicable state rate. Vouchers for payment of counsel fees and
expenses need not be submitted.
- Protocol for Assessing Other Attorney Fees.
(a) State Appeals of
Criminal Cases With Privately Retained Counsel; see 15 M.R.S.A. § 2115-A
(8). Counsel for the defendant shall submit a detailed statement
setting forth the hours expended on each element of the case no
less than five days before the scheduled oral argument. Unless
a sworn statement is submitted establishing a different rate as
the ordinary hourly rate received by the attorney for such work,
the Court will set an hourly rate of $50. The Court will review
the statement and make an award under 15 M.R.S.A. § 2115-A(8)
at the time the decision is rendered.
(b) Child Protective Cases; see 22 M.R.S.A. §4005. Counsel for the parents and the guardian
ad litem shall submit, with their brief, a detailed statement setting
forth the hours expended on each element of the case. The Court
will review the statement and make and award a reasonable fee at
a rate of $50 per hour pursuant to 22 M.R.S.A. § 4005 at the
time the decision is rendered. If the attorney or guardian fails
to file an itemized statement in accordance with this provision,
the Court will set a fee of $450.
(c) Workers’ Compensation
Cases
(i) For cases in which the date of injury is prior to June
5, 1985, the Court will award a standard fee of $750 and reasonable
out-of-pocket expenses.
(ii) For cases subject to the “prevail
rule” which was in effect from June 5, 1985, through December
31, 1992, counsel must file an itemized statement with the
Court within twenty days of the final disposition of the
appeal.
(iii) For cases arising pursuant to Title 39-A (which
became effective on January 1, 1993), the Court will not award
any counsel fees. Counsel must submit an itemized statement within
twenty days.
IV. ADMINISTRATION
A. Vouchers for payment of counsel/guardian fees and expenses shall
be submitted within ninety days of the time of disposition of a criminal
or juvenile case, or completion of a stage of a child protection case
resulting in an order. Vouchers submitted more
than ninety days after final disposition, or completion of a
stage of a child protection case, will not be paid. For purposes of
this Order, “disposition” of
a criminal or juvenile case shall be at the following times:
For purposes of this Order, “disposition” of a criminal
or juvenile case shall be at the following times:
- entry of judgment (sentencing, acquittal, dismissal,
or filing);
- upon
issuance of a warrant of arrest for failure to appear;
- upon
granting of leave to withdraw;
- upon decision of any post-trial
motions;
- upon completion of the services the attorney
was assigned to provide (e.g., mental health hearings, “lawyer
of the day,” bail hearings, etc.); or
- specific authorization
of the court to submit an interim billing.
For purposes of this Order, “each stage” of a child protection
case shall be:
- Order after Summary Preliminary hearing or Agreement
- Order
after Jeopardy Hearing
- Order after each Judicial Review
- Order after a Cease Reunification Hearing
- Order after Permanency
Hearing
- Order after TPR Hearing
- Law Court Appeal
B. All vouchers must be submitted using the current approved voucher
form and comply with all instructions on the form.
C. Vouchers submitted
for fees in the amounts of $500 or less and/or which contain
no more than $50 in expenses may be approved by the clerk, deputy clerk,
or clerk’s designee at the direction of the Chief Justice or Chief
Judge.
D. Requests for funds shall be addressed to the court of disposition.
E. Legal services provided in the District Court for cases subsequently
transferred to the Superior Court shall be included in the voucher
submitted to the Superior Court at disposition of the case.
F.
The court will make every effort to schedule matters involving
court-appointed counsel/guardians in such a manner as to limit
the number of appearances and waiting time.
G. All requests for payment
of services shall be accompanied by a detailed and itemized statement
of services and expenses. Detailed billing shall be accounted
for in .10 of an hour increments (for example, .1 = 6 minutes
or less, .2 = 6 to 12 minutes). The purpose for each time entry must
be self-evident or specifically stated. Copies of receipts for payments
to third parties shall be attached. All expenses claimed for reimbursement
must be fully itemized on the statement of services submitted with
the voucher.
H. The Chief Justice of the Superior Court and the Chief
Judge of the District Court shall jointly establish and maintain
guidelines and procedures for determining the eligibility of defendants
for assigned counsel/guardians.
I. Unless there is a shortage
of guardians in the area, Courts are encouraged to assign only
guardians who have that Court as their “home court” or
as one of their “home courts”.
J. Expenses incurred by
counsel/guardians in the trial court shall be reimbursed pursuant
to procedures established by the Chief Justice of the Superior Court
and the Chief Judge of the District Court.
For the Court,
Leigh I. Saufley Chief Justice
Promulgation Date: June 27, 2008
Revised Fee Schedule For Court-Appointed Counsel And Guardians Ad Litem
In All Courts
AO JB-05-5 (A. 1-07), Dated January 22, 2007, effective
January 1, 2007
Signed by: Leigh I. Saufley, Chief Justice
Fee
Schedule For Court-Appointed Counsel And Guardians Ad Litem In
All Courts
AO JB-05-5 (A. 4-06), Dated April 13, 2006, effective
April 14, 2006
Signed by: Leigh I. Saufley, Chief Justice
Fee Schedule
For Court-Appointed Counsel And Guardians Ad Litem In All Courts
AO JB-05-5 (A. 1-06), Dated December19, 2005, effective January
1, 2006
Signed by: Leigh I. Saufley, Chief Justice
Fee Schedule For
Court-Appointed Counsel And Guardians Ad Litem In All Courts
AO JB-05-5, Dated June 29, 2005, effective January 1, 2006
Signed by:
Leigh I. Saufley, Chief Justice
Fee Schedule for Court-Appointed Counsel
in All Courts
AO JB-00-01, Dated: 6/5/00 (which replaced SJC-226,
SJC-3 18, and SJC-406)
Signed by: Daniel E. Wathen, Chief Justice,
Maine Supreme Judicial Court; Andrew M. Mead, Chief Justice,
Maine Superior Court; and Michael N. Westcott, Chief Judge, Maine
District
Court ADDENDUM TO ADMINISTRATIVE ORDER SJC-226/318/406
Effective: July 1, 2000
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