ATTORNEYS
1.0A Attorney Compensation
1.1
Current hourly compensation for offenses in each rate class can be found on the
CCD website www.ccd.saccounty.net (revised 11/1/2013)
1.2
Attorneys shall be paid for their services according to the fee schedule in effect at the
time the case was accepted.
1.3
Attorney billable activities are defined as follows:
A. In-Court Time
Services performed while Court is in session either in court or in chambers.
Compensation is for actual time in-court to exclude waiting time, but in no circumstance
shall compensation exceed 1.0 hour per calendar item. In-court time shall not exceed
the total time the court department is actually in session on the particular day. (revised 2/1/2022)
B. Out-of Court Time
All other time except that identified as non-billable
1.4
Non-Compensable Services are defined as follows:
a. Invoice preparation
b. Travel to and from home and/or office and place of business
c. In court Attorney of the Day activity (other than witness representation)
d. Weddings/funerals/forfeitures
e. Clerical, administration, & support staff activities to include postage and parking fees.
f. Messaging services (e.g., pick up/drop off discovery)
g. Post sentencing services without prior approval other than restitution and preparation of the notice of appeal. (added 1/27/10)
h. Incomplete phone calls and/or messages left and received (added 5/10/10)
i. Service of motions and/or pleading on the District Attorney or Public Defender or any other agency, department or attorney that accepts service of motions/pleadings by email (added 5/10/10)
j. Review of charging documents. (added 5/10/10)
k. Review of the preliminary hearing transcripts where the attorney represented the client at the preliminary hearing. (added 5/10/10)
l. Checking for conflicts (added 5/10/10)
m. Emails, phone calls, letters, texts or meetings regarding scheduling. (added 5/10/10)
1.4.1
If an attorney believes that the specific facts and circumstances of an individual item prohibited above should be deemed a proper item for compensation, the attorney shall submit a detailed basis in support of payment in the Statement of the Nature of the Case, Case Status, and Other Pertinent Information section of the Assigned Attorney Claim Form. The Executive Director or Deputy Director will determine the validity of the request for compensation. (Revisded 2/1/2022)
1.5
Attorney hourly rate is determined by the most serious charged offense.
1.6
Attempted crimes are compensated at the hourly rate of the substantive offense.
1.7
Witness representation is compensated at the B rate (revised 1/27/10)
1.8
Attorneys will not be compensated for the preparation of multiple subpoenas for a single witness or agency once the witness or agent has appeared in Court. Attorneys must have the court recognize and order back all witnesses who appear pursuant to a subpoena.
1.9
Attorneys who are unable to make a scheduled court appearance may request another panel attorney to make the appearance for them. Under no circumstances can the assigned attorney submit a claim for the appearance made by the attorney standing in for him/her.
1.10
Attorney compensation to redact discovery is $15.00 per hour. The “benchmark” used for redaction is 150 pages per hour; 150 pages per hour is a benchmark only. Actual time must be claimed. Absent significant justification, the time claimed above the benchmark will not be compensated. (added 1/27/10)
1.11
Redacting of Discovery:
Upon the request of the Attorney, Conflict Criminal Defenders will provide discovery redaction services. When Conflict Criminal Defenders provides these services, the attorney is responsible only for reviewing the redacted discovery to ensure that no prohibited material is included. The review of the redacted discovery is compensated at the hourly rate paid for the case. The “benchmark” used for the review of redacted discovery is up to .2 hours per 100 pages. Actual time must be claimed. Absent significant justification, time claimed above the benchmark will not be compensated. (added 1/27/10)
1.12
Record Review:
a. Absent unusual circumstances review of police reports and other written discovery provided by the District Attorney or other organization, grand jury transcripts, preliminary hearing transcripts and subpoenaed records, ect will be paid at $1.00 per page reviewed or at the hourly rate, which ever is less. Attorney must document the specific page numbers on the claim. (added 5/10/10; revised 8/13/10; corrected 1/7/11)
b. Absent unusual circumstances, review of photographs is not billable “in time” or as “pages reviewed”. If it is determined that there are unusual circumstances, the review of photographs will be paid at the hourly rate or $1.00 per page, whichever is less. If the attorney believes unusual circumstances exist, a detailed explanation must be provided. (added 5/10/10)
(This rule only applies to discovery of jail visit or jail phone call dvd’s and cd’s)
c. Review of jail visit/phone call, video or audio tapes/CD/DVD, will be compensated at the rate of $15.00 per hour for listening or watching jail visit or phone calls tapes, CD’s or DVD’s. Audio or video hour means the actual time it takes for the attorney to review the tape/CD/DVD in a lawyerly fashion or for a paralegal to review the tape/CD/DVD and prepare relevant concurrent notes for the attorney.
Paralegals will be provided for this service at the request of the attorney. If a paralegal is used that attorney will be compensated for actual time to brief the paralegal prior to the commencement of the service at the hourly rate up to .5 hours (half hour). If a paralegal is used the attorney will be compensated for actual time to de-brief the paralegal upon completion of the service at the hourly rate up to .5 hours (half hour). Investigators willing to work at the paralegal rate may be used to perform this service. (added 5/10/10)
1.13
Sending and Receipt of Text Messages and Email Messages
a. Subject to Section 1.4, subd m, and absent unusual circumstances, multiple email messages sent and received in one day will be paid at the hourly rate for the total actual time of all messages up to a maximum of .4 hours. The attorney is required to provide the detail as to who was email or who email the attorney and the general topic. If the attorney believes unusual circumstances exist, a detailed explanation with copies of theemails must be provided. (added 5/10/10)(Revised 2/1/2022)
b. Subject to Section 1.4, subd m, and absent unusual circumstances, multiple text messages sent and received in one day will be paid at the hourly rate for the total actual time of all messages up to a maximum of .3 hours. The attorney is required to provide the detail as to who was texted or who sent a text and the general topic. If the attorney believes unusual circumstances exist, a detailed explanation must be provided. (added 5/10/10) (revised 2/1/2022)
1.14
Motion Preparation
a. Substantial written motions that are not routine or boilerplate and which include a detailed statement of facts, points and authorities and argument that is uniquely tailored to the case will be paid at the hourly rate of the case, taking into account the usual standards such as whether the issue involves factual or legal complexitites, novel or unsettled law or conceptual intricacies, the number of necessary authorities cited, the length of the argument, etc. A copy of the motion must be attached to the claim. (added 5/10/10)
b. Absent unusual circumstances routine, boiler plate, recycled motions/pleading are not billable. If the attorney believes unusual circumstances exist, a detailed explantation must be provided. (added 5/10/10)
1.0B Attorney Compensation - for Court Appointed Attorneys in Specified Family Law, Probate and Welfare & Institutions Code Civil Cases
(added 4/7/15)
1.1B
Current hourly compensation can be found on the CCD website www.ccd.saccounty.net under the Attorney and Investigator section.
1.2B
Attorneys shall be paid for services in accordance with the fee schedule in effect on the date the court made the appointment.
1.3B
Attorney billable activities are defined as follows:
A. In-Court Time:
Services performed while in court is in session either in court or in chambers.
B. Out-of-Court Time:
All other time except that identified as non-compensable/billable.
1.4B
Non-Compensable Services:
A. Invoice preparation
B. Travel to and from home and/or office and place of business
C. Clerical, administrative, and support staff activities/services
D. Messaging services (e.g. pick-up and/or drop off materials)
E. Incomplete phone calls and/or messages left or received
F. Checking for conflicts
G. Emails, phone calls, letters or texts regarding scheduling
H. Preparation of multiple subpoenas for a single witness or agency once the witness or agent has appeared in Court. Attorney must have the Court recognize and order back all witnesses who appear pursuant to a subpoena
I. Normal overhead costs of maintaining an office including but not limited to telephone charges, messenger services, postage, fax charges or office supplies
1.5B
Photocopy Expenses: In-house photocopy expenses is reimbursed at actual cost up to $.10 per copy. Absent unusual circumstances photocopy jobs exceeding 500 copies must be taken to a photocopy shop for duplication. Reimbursement will be made at actual cost not to exceed $.10 per copy. A receipt is required for reimbursement when an outside source is utilized.
1.6B
Attorneys who are unable to make a scheduled court appearance and request another attorney to stand in for them may not submit a claim for the appearance made by the attorney standing in for him/her.
1.7B
Mileage is reimbursed at the county mileage rate in effect on the day mileage was claimed.
1.8B
Process service will be reimbursed at actual cost up to a maximum of $30.00 per service.
Mileage and time will not be reimbursed. Service of multiple subpoenas at one location will be treated as a single service.
1.9B
With Court approval transcription expense is allowable at actual cost up to a maximum of $3.50 per page. With Court approval transfer of videotapes to audio for the purpose of transcription only shall be reimbursed at actual cost not to exceed $15.00 per hour. Original receipts are required.
1.0C Paralegal Compensation - for Court Appointed Attorneys and Paralegals in Specified Family Law, Probate, and Welfare & Institutions Code Civil Cases
(added 4/7/15)
1.1C
Current hourly compensation can be found on the CCD website www.ccd.saccounty.net
1.2C
Paralegals shall be paid for services in accordance with the fee schedule in effect on the date the Court made the appointment
1.3C
Paralegal billable activites are determined by the attorney, however, the attorney and the paralegal may not bill for duplicate services (e.g. meetings and/or phone calls between attorney and paralegal, etc) as the court allows.
1.4C
Paralegal billable activites do not include in-court time
1.5C
Non-compensable Services:
A. Invoice preparation
B. Travel to and from home and/or office and place of business
C. Clerical, administrative, and support staff activities/services
D. Messaging services (e.g. pick-up and/or drop off materials) as the court allows.
E. Incomplete phone calls and/or messages left or received
F. Checking for conflicts G. Emails, phone calls, letters or texts regarding scheduling
H. Preparation of multiple subpoenas for a single witness or agency once the witness or agent has appeared in Court. Attorney must have the Court recognize and order back all witnesses who appear pursuant to a subpoena
I. Normal overhead costs of maintaining an office including but not limited to telephone charges, messenger services, postage, fax charges or office supplies