Policies and Procedures For Assigned Counsel Investigators and Other Ancillary Service Providers

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

2.0A Attorney Billing Policies – for Indigent Defense Panel Attorneys

(Revisded 2/1/2022)

A. Web Bill Claims

2.1

All claims shall be submitted through the Web Bills system.

2.2

Claims for services in adult and juvenile cases shall be submitted with all necessary supporting documentation.

2.3

Time spent on each activity shall be described in detail (i.e., reviewing pages 1–25 of 200 pages of discovery; conference with client at jail; preparation of 995 motion, etc.), and billed in one-tenth (.1) hour increments. All client conferences must state where the conference took place. Identify court sessions by either AM or PM and type of hearing.

2.5

Dates of activity must specify month, day and year.

2.6

Mathematical errors, incorrect rates or activity categories, will be automatically corrected without notice to attorney. (For exceptions see section 8.3)

2.7

If services in an adult case exceeds $750 (Effective July 1, 2015) in a quarter, the services shall be billed within 5 working days of the end of the quarter. (September 30th, December 31st, March 31st and June 30th) If claims with services exceeding $750 in a quarter are not submitted within 5 working days of the end of the quarter, any amounts over $750 will not be paid. (revised 07/01/2015 – quartley amount changed to $750)

2.8

(i) If services in a juvenile case exceed $500 within 120 days from the date of assignment, the services must be billed within 5 working days from the last day of the 120 day period. If claims with services exceeding $500 are not submitted within 5 working days from the last day of the 120 day period they will not be paid. (ii) If services in a juvenile case do not exceed $500 at any time within the fiscal year in which it was assigned, it must be billed within 5 working days of the end of the fiscal year in which it was assigned. (added 12/21/2007)

2.9

The statement of the nature of the case shall include sufficient information for the reviewer to determine the appropriateness of the amount claimed, and must include a brief factual description and current case status.

2.10

Should the class of the offense change prior to the completion of the case, please notify CCD of changes as soon as possible so separate claims shall be submitted for each offense class reflecting the dates of activities at the appropriate rates for each class. In the event of a plea to a lesser charge that charge won’t be deemed to take effect until all representation has concluded.

2.12

Expenses for investigator, expert, transcription, and other ancillary services, must be preauthorized by Conflict Criminal Defenders and billed separately utilizing the Investigator/ Expert/Other Claim Form. (See Sections 3.0 and 4.0 for detailed rules for Ancillary Services)

2.13

If, during the course of a hearing or trial an emergency need arises for an investigator and/or process server, verbal pre-authorization may be obtained from Conflict Criminal Defenders. (See Section 3.5, subd N, for detailed rules for emergency authorization)

2.14

Where an attorney represents the same client on multiple cases, bill on the lead case and make notation of other cases in the Statement of Facts section. If a companion case is resolved in conjunction with the original case a separate claim(s) should not be submitted; the case number(s) of the companion case(s) must be listed on the attorney claim form. (Revised 2/1/2022)

2.15

When during the claim review process, pursuant to Exhibit C, non-public record case materials are requested the Conflict Criminal Defender Claim Review Policy for Codefendant cases will be followed.

2.16

All services must be billed in the fiscal year in which they are provided. The fiscal year ends June 30th. Claims submitted for services performed in prior fiscal years will not be processed or paid.

2.17

Maximum compensation rates for various types of cases (see below) will be implemented. Once you have reached the maimum compensation rate each subsequent claim must include a detailed memorandum which supports and justifies that the representation claimed was in an extended or complex case and that the excess payment is necessary to provide fair compensation and effective representation. (Added 11/2006; revised 2/3/15)    

Maximum Compensation

Schedule of Cases

Compensation

Class A2 (Life Cases) 

$10,000 

Class B (Serious Felony) 

$7,000 

Class C (Basic Felony) 

$4,000 

Misdemeanor

$2,000 

All Others

$1,000 

Once an attorney has reached the maximum compensation amount, each subsequent claim submitted must include a detailed memorandum which supports and justifies that the representation claimed was in an extended or complex case and that excess payment is necessary to provide fair compensation and effective represenation. Additionally, maximum attorney billable hours may not be more than 10 hours per day nor exceed 1,800 per year unless specifically waived by the Director.

2.18

Unless specifically waived by the Director or Deputy Director, attorneys may not bill more that 10 hours per day, nor exceed 1800 hours per year. (Added 11/2006)

2.19

As a condition of receiving A1 and A2 cases, level 4, 5, and 6 attorneys must agree to accept, on a rotational basis, level 2 or 3 cases, as necessary, when requested by Conflict Criminal Defenders. (It is our hope that this will not be necessary.) (Added 11/2006)
 

2.0B Attorney Billing Policies – Attorney and Paralegal Billing Policies for Court Appointed Attorneys in Specified Family Law, Probate and Welfare & Institutions Code Civil Cases

(added 4/7/15)

2.1B

Submit claims by mail or deliver to Conflict Criminal Defenders, 901 H Street, Suite 409, Sacramento, CA 95814. Att: Accounting.

2.2B

Civil claims must be complete, typed, and submitted on the Conflict Criminal Defender Civil Claim Form for Family Law, Probate and Contempt Cases, which can be found on the Conflict Criminal Defender web site (www.ccd.saccounty.net) or picked up at the CCD office. Incomplete or illegible claims, or claims not submitted on the required form, will be returned unpaid. 

2.3B

Claims for services shall be submitted with all necessary supporting documentation.

2.4B

Time spent on each activity shall be described in detail (i.e., reviewing pages 1–25 of 200 pages of discovery; conference with client at jail; preparation of 995 motion, etc.), listed separately on the activity sheet of the claim form, and billed in one-tenth (.1) hour increments. All client conferences must state where the conference took place.

2.5B

Dates of activity must specify month, day and year.

2.6B

Mathematical errors, incorrect rates or activity categories, will be automatically corrected without notice to attorney.

2.7B

The statement of the nature of the case shall include sufficient information for the reviewer to determine the appropriateness of the amount claimed, and must include a brief factual description and current case status.

2.8B

All claims are billed at the completion of the case. Intererim billing will not be accepted

INVESTIGATORS – for Indigent Defense Panel Attorneys

3.0 Application

(revised January 2018)

Conflict Criminal Defenders maintains a list of investigators approved to render services in connection with Conflict Criminal Defender cases. Any investigator who is a member in good standing with BCIS who meets the minimum qualifications as set forth in Section 3.1, is invited to apply if at the time CCD is accepting applications. An applicant will not necessarily be accepted to CCD’s list of investigators even if he/she meets the minimum qualifications. Each applicant will be subject to an evaluation to determine if the applicants experience, investigative skills and aptitude are suitable for providing dedicated, highquality, effective and efficient representation of CCD’s clients.

The burden is upon the applicant to establish suitability to be on CCD’s list of investigators. The most important factor in evaluating an applicant is his/her reputation for honesty and integrity in all segments of the criminal justice community. An investigators credibility is his/her most important asset.

The application to apply for the list of approved CCD investigators can be found on CCD’s website.
 

3.1 General Qualifications

In order to be accepted and/or remain on the list, an investigator must meet as a minimum:

  • A. Have and maintain at all times a current valid Private Investigator’s license from the Department of Consumer Affairs;
  • B. Have and maintain at all times a current valid California Driver’s license; and,
  • C. Provide positive references from three criminal defense attorneys with who the investigator has worked in the past 2 years.
  • D. Have a cell phone in working order with the current number on file with CCD.
  • E. Have a current email address on file with CCD.
  • F. Maintain a mailing address on file with CCD.
  • G. Be in good standing and eligibility to enter the Sacramento County and CDCR Correctional facilities.
  • H. Completion of continuing education in the field of criminal law as required by CCD.
     

3.2 Examples of Required Knowledge and Abilities

It is expected that an investigator working on CCD’s cases will have knowledge and abilities, including but not limited to:

  1. Knowledge of:
    • Criminal investigative techniques and procedures
    • Techniques of identifying, preserving and presenting evidence
    • Techniques of interviewing
    • Report writing practices and techniques
    • Various resources available in locating individuals and elementary accounting procedures
       
  2. Ability to:
    • Gather, assemble, analyze and evaluate facts and evidence
    • Draw conclusions and make proper recommendations
    • Obtain information through interviews
    • Evaluate situations and people accurately and adopt an effective course of action
    • Maintain effective working relationships
    • Prepare clear, concise and comprehensive correspondence and reports
    • Keep accurate notes and records
    • Assess the credibility of witnesses
    • Testify in court in a direct, clear and concise manner
    • Work effectively with other agencies, groups and individuals
    • Work irregular hours as investigations demand
       

Failure to maintain any of the above criteria listed in section 3.1 will result in an immediate suspension from the list of approved investigators. A background check, which includes but is not limited to a state and local summary criminal history check, personal and professional reference checks, credit history check, driving history and a review of any disciplinary action by the Bureau of Security and Investigative Services, shall be conducted on all investigators prior to placement on the list. An investigator shall not be included on the Conflict Criminal Defender’s list of investigators if he/she has been convicted of any crime that has or could have a clearly adverse effect on the investigator’s ability to perform the duties and responsibilities as investigator. An investigator shall not be included on the list of investigators if it is determined that he/she has engaged in conduct or action that adversely affects the investigator’s ability to perform his/her duties and responsibilities.

An investigator may also be disqualified from the list if it is determined that he/she falsified any material statement in order to qualify for the list of approved investigators.

Any investigator who remains inactive for a period of two years will be removed from the list of approved investigators.
 

3.3 Suspension and Removal

An attorney can retain the services of any investigator in good standing on CCD’s list of investigators. It is within the sole discretion of the attorney who he/she hires to work on CCD cases. Prior to any work being completed, a pre-authorization must be submitted to CCD requesting funding for the services of the investigator.

An investigator shall be prohibited from rendering services in connection with Conflict Criminal Defender cases, and shall be suspended or removed from the approved list of investigators for good cause. Good cause is defined as any facts which, based on relevant circumstances, may be reasonably relied on in the exercise of reasonable discretion as the basis for removal and includes, but is not limited to the following:

  • A. Conviction of any crime that involves moral turpitude.
  • B. Conduct or action by the investigator that adversely affects the investigator’s ability to perform his/her duties and responsibilities;
  • C. Failure to provide and/or failure to retain, maintain or provide CCD with such records as are necessary to ascertain time billed for services preformed, to review claims or to review an investigator’s work;
  • D. Failure to handle CCD cases with professionalism, competence and diligence;
  • E. Refusal of the Sacramento County Sheriff Department to allow the investigator confidential access to inmates located in its correctional facilities; and,
  • F. Failure to comply with CCD rules and requirements.
  • G. Investigators must at all times conduct themselves in an ethical, professional, civil, and courteous manner. Any investigator who engages in unethical conduct or who is rude, abusive, or discourteous to Conflict Criminal Defender staff, clients, client’s families, or court personnel, is subject to suspension and/or removal from the Conflict Criminal Defender Investigator Panel.
  • H. Suspension or removal of the investigator from BCIS shall result in immediate suspension of an investigator pending an investigation and possible removal from the list of approved investigators
     

An investigator subject to removal for good cause shall be given the opportunity to meet with CCD’s Deputy Director to provide oral or written information to be considered when determining good cause for suspension or removal. Live witnesses will not be allowed to present evidence at the meeting.

Upon finding good cause for a suspension or removal, CCD will notify the investigator, in writing, setting forth the grounds for the suspension or removal, five (5) calendar days prior to the effective date of the suspension or removal.

An investigator may request a review of the suspension or removal by CCD. The request for review must be in writing and directed to the CCD Director within fifteen (15) days of mailing of the notification of the suspension or removal. The request for review shall include, but not be limited to, a response to the stated grounds for removal and any additional information or documents that the investigator wishes to provide for review. Failure to request a review within the specified time shall be deemed a waiver of the review process.

The Director of CCD shall review any documents or information provided by the investigator. The Director may request additional information from the investigator or additional sources, as deemed necessary, to complete the review.

Upon completion of the review the Director may rescind, modify or uphold the suspension or removal as warranted by the findings. The Director shall notify the investigator of the review results in writing within ten (10) days of completion of the review.

There is no appeal from the decision of the Director.
 

3.4 Investigator Pre-Authorizations

All investigative work must be pre-authorized and conducted by an investigator on the CCD investigator list.

Attorneys are responsible for reviewing relevant discovery and developing a theory of the case and investigative plan. The pre-authorization request must include a declaration, prepared by the attorney that is case specific and details the tasks to be performed by the investigator. The declaration serves as the justification for funding as well as the written investigative request to the investigator. Requests with “boiler-plate” declarations will be returned.

Services completed that have not been authorized, even if the claim is within the dollar amount of the authorization will not be paid. Claims for amounts in excess of the authorized funds with not be paid.

The attorney and investigator are responsible for keeping track of time expended so that if additional investigation is necessary funds can be sought in a timely manner. Pre-authorization requests are processed each business day. In the case of an emergency and/or the need arises for immediate investigation, the attorney may contact CCD by telephone (874-6535) or email to the Director or Deputy Director to obtain an emergency verbal authorization. A verbal authorization will not be deemed as approved until a written email is returned to the requestor stating the preauthorization has been approved. An emergency verbal authorization must be followed by a written authorization request submitted no later than three business days from the date the verbal authorization was given. Failure to submit the written request may result in a denial of future emergency authorizations. It is the responsibility of the investigator to make sure that he/she is working under an approved pre-authorization.
 

3.5 Investigator Compensation

Rates of compensation for investigators are posted on the CCD website at www.ccd.saccounty.net. Rates are based upon the charges filed and the complexity of the case. Cases are designated as A1, A2, B, C or D cases. A full list of the crimes and their classifications can be found at the CCD website.

  1. Upon being retained by an attorney to work on a case the investigator shall be paid at the designated rate for the following assigned activities directly related to investigative tasks:
    • A. Review of pertinent discovery, police reports, documents, transcripts, as required to complete the assigned investigative tasks (see section 3.3 for additional info on reviewing records);
    • B. Meetings and discussions with attorney;
    • C. Meetings and discussions with defendant;
    • D. To locate and interview witnesses. When locating witnesses, investigators shall first use the services provided by CCD including, but not limited to JIMS, DMV, County Recorder and LEXIS prior to paying an outside service. Investigators shall use CCD or if necessary other online resources prior to driving to a physical locations (DMV/County Recorder);
    • E. To view crime scene and take photographs and diagrams;
    • F. To perform background and record searches on defendant and potential witnesses;
    • G. To locate witnesses and serve subpoenas (see section 5.13 for subpoena service compensation rates);
    • H. Coordination of witnesses for court appearances;
    • I. Prepare reports of witness interviews;
    • J. Testifying as a witness. CCD will not pay for standby time at the court waiting to testify, request that the court and/or the attorney put you on call by cell phone ;
    • K. Transportation of witnesses with prior approval from CCD;
    • L. Travel time to and from assigned investigative tasks. CCD will not pay for travel to and from the investigators home or office and the courthouse, main jail, Public Defender’s Office, District
    • Attorney’s Office and CCD Office. Investigators with home offices will not be compensated for commute travel time to and from the attorney’s office;
    • M. Investigators whose place of business is outside of Sacramento County shall begin calculating compensation for time and mileage for work within the county upon reaching the county line.
    • N. Investigation requests made by an attorney when a case is in trial will be paid up to a maximum amount of $250.00. These emergency trial funds are to be used when there is not an approved preauthorization in the case or the amount of funds approved are exhausted.
       
  2. Investigators time will not be compensated for the following activities:
    • A. Clerical tasks including but not limited to: preparation of CCD claims, typing, faxing, photocopying, purchase of supplies; delivery/pick up of documents or discovery
    • B. Legal tasks including but not limited to: preparation of declarations, medical releases, preparation of PowerPoint presentations, court orders, motions, subpoena’s, subpoena duces tecum’s and preparing, organizing and indexing of trial binders and case files.
    • C. Investigative tasks not requested by the attorney in the pre-authorization.
    • D. Review of recorded jail phone calls or social visits without preauthorization. If preauthorized, payment is at the paralegal rate of $15 per hour.
    • E. Service of motions and/or pleadings on the District Attorney or Public Defender or any other agency, department, or attorney that accepts service of motions/pleadings by email. Exceptions are motions that require a proof of service to be filed with the court.
    • F. Review of charging documents
    • G. Review of transcripts of witnesses’ and/or client statements, preliminary hearings and grand jury proceedings without preauthorization.
    • H. Conflicts checks
    • I. Absent unusual circumstances, meetings with the client will not be compensated without prior approved
    • J. Travel time and mileage to drop off and pick up photos for processing and development when an online service is available
       
  3. Investigators will be reimbursed for the following expenses. 
    Investigators will be reimbursed for expenses related to the investigation of the case with original receipts including but not limited to:
    • A. When the Public Defender’s Clothes closet does not have the needed size, with prior authorization, defendant clothing expense for trial is reimbursable up to a maximum of $75.00 upon presentation of original receipts. All clothing must be returned to CCD office for cleaning;
    • B. Parking is reimbursable for all locations other than home and/or office, Sacramento County Courthouse, mail jail, Public Defender’s Office, District Attorney’s Office and CCD;
    • C. Social security and other record check expenses. Investigators will use the services of CCD staff to run DMV searches. The investigator shall complete the DMV search request form (located on our website www.ccd.saccounty.net under downloadable forms) and fax it to CCD. Once the search is completed the investigator can pick up the results at the CCD office upon signing the necessary forms;
    • D. In-house photocopy expense 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;
    • E. Agency photocopy fees (i.e., hospitals, courts, etc.);
    • F. Travel expenses are reimbursable in accordance with Sacramento County Travel Policy
       
  4. Normal overhead costs of maintaining an office are not allowable expenses for reimbursement including:
    • A. Telephone charges inside 916 area code and collect calls from in or out of custody clients.; 
    • B. Clerical and messenger services; 
    • C. Postage and parking. 
    • D. Fax charges; and, 
    • E. Office supplies, etc
       
  5. Mileage is reimbursed at the county mileage rate in effect on the day mileage was performed. Subject to 3.3 1L, compensable mileage is limited to the following locations:
    • A. RCCC; 
    • B. Crime scene; 
    • C. State/federal institution; 
    • D. Witness interviews; 
    • E. Witness pickup and delivery to court (with prior CCD approval); 
    • F. Other miscellaneous mileage (e.g., outside agencies, institutions, post office, hospitals, etc.); and, 
    • G. Investigator travel to attorney's office with the exception of investigators who have an office in the home
       
  6. Record Review  
    1. A. Review of police reports and other written discovery provided by the District Attorney, grand jury transcripts and subpoenaed records will be compensated at the hourly rate or .50 cents per page reviewed 
    2. B. Absent unusual circumstances review of photographs will not be compensated. If prior approval is given, the review of photographs will be compensated at the hourly rate or .50 cents a page, (whichever is less) 
    3. C. Absent unusual circumstances review of jail visit/phone call, video or audio jail visit/phone call, tapes/CD/DVD, will not be compensated. If prior approval is given the investigator will be compensated at the paralegal rate of $15 per hour for listening or watching jail visit or phone call tapes, CD’s or DVD’s. Audio or video hour means the actual time it takes for the investigator to review the tape/CD/DVD and prepare relevant concurrent notes 
       
  7. Sending and Receipt of Text Messages and Email Messages
    1. A. 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 investigator is required to provide details as to who was emailed or who emailed the investigator and the general topic. If the investigator believes unusual circumstances exist, a detailed explanation with copies of the emails must be provided. 
    2. B. 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 investigator is required to provide details as to who was texted or who sent the text and the general topic. If the investigator believes unusual circumstances exist a detailed explanation must be provided.
       

3.6 Investigator Compensation

  1. Claims must be typed and submitted on the current Investigator/Expert/Other Claim Form. Claims that are illegible or not submitted on the required form will be returned unpaid.
  2. Claims must be complete and be signed by both the investigator and the assigned attorney. The attorney declaration originally submitted as justification for the pre-authorization must be submitted with the claim.
  3. Only one bill per pre-authorization may be submitted. Interim billing against an authorization is not allowed. Authorizations are valid for one year from the date of authorization. Any outstanding authorization that has been in effect for one year must be billed out and a new authorization obtained;
  4. In an on-going investigation, a claim for all prior investigative services must be submitted prior to, or simultaneously with, requests for additional funding. Only one outstanding preauthorization is allowed per vendor.
  5. Amounts exceeding the approved request will not be paid.
  6. Time spent on each activity shall be described in detail (i.e. reviewing pages 1 – 25, 26 – 74 pages of discovery, conference with client at jail, witness interview, etc.). Each activity shall be listed separately on the activity sheet of the claim form and billed in one-tenth (.1) hour increments. All interviews must identify each witness by name, initials or a number and state where the interview took place by listing the address. Mathematical errors and incorrect rates will automatically be corrected without notice to the service provider.
  7. Claims shall be submitted no more than 90 days following the completion of case. Absent unusual circumstances, claims submitted later than 90 days will be returned unpaid. It is the responsibility of the investigator to track the case progress and its completion of judgment and sentencing.
  8. Should the class of the offense charged change prior to the completion of the case; a new request for funds must be submitted identifying the change of the offense, the date of the change, and the new rate, if any.
  9. Claims should be mailed or delivered to Conflict Criminal Defenders Office, 901 H Street, Suite 409, Sacramento, CA 95814.

Policies for Experts, Vendors, & Other Ancillary Service Providers 

4.0 Experts, Vendors and other Ancillary Service Providers 

4.1

All services to be provided by experts, legal researchers, transcribers and others must be preauthorized by Conflict Criminal Defenders via submission of the Investigator/Expert/Other Preauthorization Form.

4.2

The attorney's declaration shall accompany the request for funds and shall contain sufficient detail necessary to properly evaluate the request. The specific service(s) the vendor is to provide must be clearly stated as well as the relevance to the theory of the defense.

4.3

Approved ancillary service requests are available for pickup at the CCD Adult Appointment Coordinator’s office for adult defendants and at CCD’s juvenile hall office for juvenile defendants. Approved pre-authorizations will be returned by mail if a stamped self-addressed envelope is attached when the preauthorization form is submitted.

4.4

Claims submitted for payment shall be complete, legible and signed by both the vendor and the assigned attorney.

4.5

The declaration supporting the request for funds shall be attached to the claim upon presentation for payment.

4.6

An itemized list of the services provided, dates of service and hours worked shall accompany the claim.

4.7

Interim billings against an authorization are not allowed. Only one claim may be billed against a single funding authorization.

4.8

For on-going services, attorneys shall ensure that claims for all prior services by the vendor are submitted prior to, or simultaneously with, requests for additional funding.

4.9

Mathematical errors or incorrect rates will automatically be corrected without notice to service provider.

4.10

Attorney will ensure that service providers submit claims for payment no later than 90 days following completion of the service.

4.11

Claims exceeding the amount authorized, or services provided prior to obtaining the funding authorization, will be paid only up to the amount authorized from the date of the authorization.

4.12

Vendors & Experts are paid an hourly rate for actual time spent working on the case. Travel time or “portal to portal” time is not paid. (Added 1/7/09)

EXPENSE POLICIES – for Indigent Defense Panel Attorneys 

 

5.0 Expense Reimbursement

(Revisded 2/1/2022) 

5.1

Normal overhead costs are not considered allowable expenses for reimbursement. These include telephone charges inside 916 area code, clerical and messenger services, postage, fax, parking etc. Collect calls from in or out of custody clients will not be reimbursed. Clients should be instructed in the use of the CCD jail phone voice mail system.

5.2

Investigator services, expert services, psychiatric & psychological evaluations and other ancillary service costs are reimbursed as stated in Items 3.0 and 4.0.

5.3

The cost of purchasing audio/video tapes, film, and film processing is reimbursable upon presentation of original receipts.

5.4

When the Public Defender’s Clothes closet does not have the needed size, with prior authorization, defendant clothing expense for trial is reimbursable up to a maximum of $75.00 upon presentation of original receipts. All clothing must be returned to CCD office for cleaning.

5.5

Approved Exhibit expense is reimbursable with original receipts.

5.6

Pre-approved paralegal services shall be paid in accordance with the fee schedule in effect on the date the Court made the appointment; regardless of when the actual work was started.

5.7

Mileage is reimbursed at the county mileage rate in effect on the day mileage was claimed.

  • a. Compensable mileage is limited to the following locations:
    • i. RCCC
    • ii. Crime scene
    • iii. State/federal institution iv. Witness interviews/pickup v. other misc. mileage (e.g., outside agencies, institutions, post office, hospitals, etc.) 
    • vi. Investigator travel to attorney's office 
    • vii. Attorneys & Investigators representing juveniles charged as adults will be reimbursed for mileage to and from juvenile hall.

5.8

Parking expense is reimbursable for all locations other than home, office, courthouse, main jail, Offices of Public Defender, District Attorney or CCD and as defined in section 3.3 3b. Original receipts are required.

5.9

DMV, social security, and other record check expenses are reimbursable with original receipts.

5.10

In-house photocopy expense is reimbursed at actual cost up to $.10 per copy. Absent unusual circumstances, photocopy jobs exceeding 500 copies shall be taken to a photocopy shop for duplication. Reimbursement will be made at actual cost not to exceed $ .10 per copy upon presentation of original receipt. Copies made at the courthouse on the coin operated machines will be reimbursed up to $ .15 cents per copy.

5.11

Agency photocopy fees (i.e., hospitals, courts, etc.) will be reimbursed with original receipts.

5.12

UPS/Federal Express expense will be reimbursed with original receipts. Justification must be provided for the use of overnight and two-day services such as Federal Express.

5.13

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.

5.14

Long distance telephone charges outside the 916 area code will be reimbursed. A copy of the telephone bill with the case-related calls highlighted must be submitted as supporting documentation.

5.15

With prior approval transcription expense is allowable at actual cost up to a maximum of $3.50 per page. With prior 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.

5.16

With prior authorization, out-of-court translation expense is allowable at actual cost up to a maximum of $ .18 per word. Original receipts are required.

5.17

Travel expenses are reimbursable in accordance with Sacramento County Travel Policy (See Section 7.0). If the destination requires an overnight stay, or other costs are involved, prior authorization is required.

5.18

Civilian witness fees are only reimbursed for those witnesses who are employed and their employer is not reimbursing them for lost wages. Up to $18.00 per day plus mileage and reasonable expenses can be claimed on the Witness Fee Claim Form. Original receipts are required for reimbursement.

5.19

Office supplies (file folders, legal pads, binders, index cards, copy paper, etc.) are not considered allowable expenses for reimbursement.

5.20

Monies, books, personal items, and other supplies provided to the defendant are not considered allowable expenses for reimbursement.

5.21

Use of an outside vendor is prohibited and not reimburseable for any service that is provided by CCD. Please see the CCD website (www.ccd.saccounty.net) for a complete list of services that are provided by CCD. (Added 1/7/09)

987.9 FUNDS 
 

6.0 Request For Funds – Explanation of the Process 

6.1 Overview

Judge Tom Cecil has been designated by Presiding Judge as the judge responsible for all requests for ancillary funding in death cases (987.9 PC funding). The memo below is provided by Judge Cecil.

6.2 Memo from Presiding Judge

“The purpose of this memo is to outline the procedures that I will use in reviewing such requests. It is my hope that this explanation will avoid confusion and delay, allowing me to act on our requests in a timely fashion.

I will NOT set your request for a hearing unless I am inclined to deny the request, in whole or in part. In other words, a final denial will not occur without giving you the benefit of expressing your position in camera, on the record.

There may be situations when a simple phone call to you will resolve an issue or question that I may have. I will attempt to resolve as many issues as possible without disrupting your schedule to participate in a reported hearing.

  1. Format of Requests
    Your first request for funding that comes to me needs to contain a brief statement of the facts of the case, the status of the case and the names of all counsel involved in the case. Subsequent requests for funding need not reiterate this information, but must include updated information if the circumstances have changed. I will maintain a secure file on each case – if I need to refresh my memory on the facts of the matter, I can simply look at the initial material (and updates) that you provided. 
    1. A. All requests for funds must include a declaration from counsel that discloses the following information: 
      • The type of service being requested (investigator, lab work, travel, etc.) 
      • The name of the service provider, and if applicable, a vita or resume of the provider 
      • A detailed description of the services to be provided and the relevance of such work to the defense theory. 
      • The number of hours estimated to complete the work, the hourly rate and a general estimate of when the work will be completed. Note that flat fees will not be approved. You also need to include the rate paid to this expert in the past. 
      • Requests for travel and/or per diem funds. (Remember that when using out of state providers the attorney must provide justification for hiring such providers, including attempts to secure in state providers).
  2. Requests for Supplemental Funds 
    If your request supplements funding that has already been approved and expended (or about to be expended), your request should include the following information:
    • A copy of any earlier request for funding for the service/provider, to include the earlier declaration submitted in support of such funding. 
    • A detailed description of the services provided pursuant to the earlier approved funding and an explanation as to why promised services have not been completed (if that is the case) 
    • A detailed description of the new/additional services to be provided and the relevance of such work to the defense theory.” (End of Memo)

6.3 When 987.9 No Longer Applies

  • a. In cases where the death penalty is no longer a possibility (e.g., DA's Office affirmatively states they are not seeking the death penalty, the special circumstances are dismissed or found to be not true, etc.), PC 987.9 is not applicable after the date of such determination.
  • b. In those cases, the attorney shall submit all outstanding claims by service providers within 90 days following the date of determination.
  • c. If the case requires additional investigative or other ancillary services, new funding requests must be pre-authorized by Conflict Criminal Defenders. In addition to the standard information required for pre-authorization requests (see Items 4.0 and 6.0), the attorney shall include in the new request the total amount of funds previously authorized and expended by all providers of services for which additional funds are being requested and submit a declaration that provides justification for such request. 

TRAVEL POLICIES – for Indigent Defense Panel Attorneys

 

7.0 Travel

(Revisded 2/1/2022)

7.1 Travel Advances

  • a. Contact the Director of Deputy Director of CCD with all travel requests to include anticipated costs and detailed declaration supporting necessity.
  • b. After pre-approval, all air travel should be made through Conflict Criminal Defenders. Contact Jennifer Elizalde at 874-8330.
  • c. Hotel arrangements must be made and paid for by the traveler and are reimbursable pursuant to Section 7.2 a.

7.2 Travel Reimbursement (Revisded 2/1/2022)

  • a. Reimbursement for the cost of lodging is limited to the actual cost incurred up to the daily maximum as set by Internal Revenue Service/General Services Administration. Whenever offered, government rates shall be requested. Original receipts are required for reimbursement of all lodging expense. Copies of canceled checks or credit card statements do not qualify as original receipts. Upon request verification letters will be provided to secure government rates.
  • b. Reimbursement for meals shall be made only when travel extends for a minimum of six hours during the normal working day. All travelers must report the beginning and ending dates and time of travel in order to determine the appropriate meal allotment. Meals supplied by common carriers or included in hotel rates will not be reimbursed.
  • c. Upon presentation of original cash register receipts, (credit card summary receipts are not acceptable) travelers will be reimbursed actual meal cost (excluding alcoholic beverages) up to the following amounts: 
    • Breakfast $10.00 
    • Lunch $12.00 
    • Dinner $26.00 
  • d. If attorney and investigator (or other service provider) are traveling together, they must request separate receipts for all expenses. Meal receipts must identify the date and type (breakfast, lunch, dinner) of the meal. 
  • e. Reimbursement will not be made for the meal expenses of guests of the traveler, such as witnesses, experts, etc. 
  • f. If Conflict Criminal Defenders is unable to arrange transportation expenses, transportation expenses approved by Conflict Criminal Defenders will be reimbursed upon presentation of original receipts. Copies of canceled checks or credit card statements do not qualify as original receipts. 
  • g. Travelers may choose to use a private vehicle. Mileage will be reimbursed at the county's mileage rate in effect on that day, but in no case will reimbursement for mileage exceed the cost of air travel, should the provider choose to drive. 
  • h. Absent unusual circumstances, travelers who cancel airline flights will be required to pay any cancellation penalties. Exceptions include family death, serious illness, and court changes in trial schedule. 
  • i. Rental car can be arrainged by CCD travel between points that make use of public conveyances impractical, and pre-approval has been obtained from Conflict Criminal Defenders. 
  • j. Up to $5.00 per 24 hours of travel will be allowed, without receipts, to cover baggage handling, tips, and incidental expenses. 
  • k. The following additional expenses are reimbursable at actual cost upon presentation of original receipts: 
    • i. Taxicab, airport transportation, or bus fare 
    • ii. Car storage fees/long term parking 
  • l. Reimbursement will not be made for such extraneous charges such as video movies, laundry service, valet parking, personal toiletries, alcohol, etc.

CLAIM REVIEW PROCEDURES 

 

8.0A Claim Review Procedures

(Revisded 2/1/2022) 

8.1

Claims are submitted to Conflict Criminal Defenders for review. Conflict Criminal Defenders may request additional materials pursuant to the attorney agreement. The review shall, at a minimum, take into consideration and include the following factors:

  • a. Verification of mathematical accuracy.
  • b. Verification that the billing is for the proper class of case and the time claimed is properly allocated by activity.
  • c. Verification that the case information provided is accurate and complete. d. The activity claimed is an allowable activity. e. Evaluation of service and time spent by the attorney or investigator based on:
    • i. The difficulty of the defense;
    • ii. Whether the case involved factual or legal complexities, novel or unsettled law, or conceptual intricacies;
    • iv. The degree of professional ability, skill, and experience called for and exercised in the performance of the services.
    • v. The quality of the work is taken into consideration in determining what is reasonable compensation. If the work is of high quality, the hours claimed may be appropriate. If the work is of fair or poor quality, the hours claimed may be reduced.
    • vi. The amount of time a reasonably competent attorney of the same grade would need to perform the same or similar service;
       

8.2

If the Executive Director or Deputy Director determines the claim submitted is appropriate for the services preformed, he/she shall forward the claim directly to the County for payment.

8.3

If the Executive Director or Deputy Director determines the claim submitted is incorrect for the reasons stated in 8.1 a or b, c, or d appropriate adjustments to the claim will be made and the adjusted claim will be forwarded to the County for payment. There will be no notice to the Attorney or other service provider. When claim has been adjusted by Conflict Criminal Defenders for reason(s) other then those stated in 8.1 a, b, c, or d, the service provider may be notified in writing of the amount of the reduction and the reason(s) therefore. The Attorney or other service provider shall have the opportunity to discuss the reduction with Conflict Criminal Defenders.

8.4

An Attorney or other service provider whose claim has been reduced by Conflict Criminal Defenders may appeal the action by filing a written notice of appeal to Conflict Criminal Defenders as described below:

  • a. The appeal must be in writing and contain detailed information regarding the nature and grounds for the appeal.
  • b. The appeal must be sent to Conflict Criminal Defenders within fifteen (15) calendar days of the date the service provider was notified of the reason;
  • c. The Executive Director or Deputy Director shall review the appeal of the Attorney or other service provider and if based upon the information provided by the attorney or other service provider, he/she determines there is cause for full or partial restoration, such amount will be restored. The Attorney or other service provider will be noticed of the Executive or Deputy Director’s decision within fifteen (15) calendar days following receipt of the appeal;
     

8.0B Claim Submission Procedures – for Court Appointed Attorneys in Specified Family Law, Probate, and Welfare & Institutions Code Civil Cases (added 4/7/15)

8.1B

An itemized list of services provided, dates of service and hours worked

8.2B

The Order of Appointment

8.3B

Order after hearing on the motion for attorney fees or order of appointment with ability to pay assessment order, whichever is appropriate

8.4B

Ex Parte Application and Order for Ancillary Fees and Costs including original receipts, if applicable

8.5B

  • The claim should:
  • Be signed by the Attorney
  • Include the case name, number and party names
  • List each activity separately
  • Include the month, day and year of the activity i.e. reviewing pages 1-25 of 200 pages of discovery, conference in office with client, etc.
  • Be submitted by mail to:
    Conflict Criminal Defenders
    901 H Street, Suite 409
    Sacramento, CA 95814
    Attention: Accounting

ATTORNEY CASE ASSIGNMENT RESTRICTIONS

 

9.0 Case Assignment Restrictions

(Revisded 2/1/2022)

9.1

An attorney shall be prohibited from receiving assignment to Conflict Criminal Defender cases if any of the following occur:

  • a. The attorney has been suspended, disbarred, or has resigned from the State Bar. 
  • b. Cancellation or lapse of Errors and Omissions liability insurance. 
  • c. Resignation from the Indigent Defense Panel;

9.2

The Executive Director may refuse to assign Conflict Criminal Defender cases to an Attorney, either temporarily, or permanently, for good cause. Good cause includes, but is not limited to, the following:

  • a. Conviction of a criminal charge involving moral turpitude;
  • b. Falsification of any material statement made to qualify for the Indigent Defense Panel or made in connection with or and/or in any report, authorization requests, and/or claim submitted to Conflict Criminal Defenders by the Attorney.
  • c. Failure to maintain eligibility and qualifications under these rules;
  • d. Failure to comply with the Sate Bar Act or the Rules of Professional Conduct;
  • e. Failure to comply with Conflict Criminal Defenders rules and procedures and Attorney Agreement for Legal Services. (Exhibit C)
  • f. Conduct that the Court deems inappropriate;
  • g. Failure to personally represent the client at substantive court proceedings;
  • h. Referring Conflict Criminal Defender cases to other attorneys, or subcontracting to other attorneys.
  • i. Maintaining a caseload that interferes with the rendering of quality representation or leads to the breach of ethical obligations to clients.
  • j. Failure to represent clients with professionalism, competence and diligence.
  • k. Failure to sign and return the State Bar of California Attorney Guidelines of Civility & Professionalism Attorney Pledge. (effective 01/01/2008)

9.3

Prior to a decision to temporarily or permanently restrict the type of case, and/or suspend case assignments Conflict Criminal Defenders shall provide written notification to the attorney of the specific problem and allow a reasonable time for the attorney to respond in person or in writing.

ATTORNEY SERVICES REQUIRING PRE-AUTHORIZATION – for Indigent Defense Panel Attorneys


10.0 Pre-authorization

10.1

Pre-authorization is needed prior to any work being undertaken for the following services. Without prior authorization, claims submitted for these services will not be paid.

  • i. Research, drafting, etc. of interlocutory writs.
  • ii. Research, drafting, etc. of motions for new trial.
  • iii. Research, drafting, etc. of motions to withdraw a plea. iv. Post-trial jury investigation.

Revision Dates

  • SEPTEMBER 2004
  • APRIL 2007
  • MAY 2007
  • JULY 2007
  • DECEMBER 2007
  • MARCH 2008
  • SEPTEMBER 2008
  • JANUARY 2009
  • MARCH 2009
  • JANUARY 2010
  • MAY 2010
  • JUNE 2010
  • AUGUST 2010
  • JANUARY 2013
  • NOVEMBER 2013
  • FEBRUARY 2015
  • APRIL 2015
  • JULY 2015
  • JANUARY 2018
  • FEBRUARY 2022