Appointment Process and Compensation in Extraordinary Cases. In First and Second Degree murder cases where the death penalty is not being sought including post-conviction proceedings for such matters, Attorney shall be appointed pursuant to 1. The parties agree that in most cases, other than First or Second Degree murder, Attorney can adequately and effectively defend an accused utilizing less than sixty (60) hours of Attorney’s time. When the defense of an accused is expected to require more than sixty (60) hours of Attorney’s time, the Attorney may apply to the Court for imposition of a maximum Number of hours to be expended on the case. This hourly limit shall be based upon the complexity of legal issues, anticipated length of trial, voluminous evidence, and any other factors that require additional attorney time to provide an adequate defense of the accused. Upon the setting of a reasonable maximum hour limit, the Attorney shall be compensated at the rate of $125.00 per hour for each hour expended on the case in excess of sixty (60) hours. In order to meet professional standards in First and Second Degree murder cases, it may be necessary for a second attorney (second chair) to be employed. In such cases the attorney assigned to the case must make application to the District Court for second chair which application shall be approved if, in the opinion of the Court such appointment is necessitated by the complexity of legal issues, anticipated length of trial, voluminous evidence, and any other factors that require additional attorney time to provide an adequate defense of the accused. In the event that a defendant is charged with first degree murder and is determined to be indigent the case will be treated as a capital murder prosecution unless and until the prosecuting attorney has either filed a notice of his intention not to seek the death penalty or the statutory time to file a notice of intent to seek the death penalty has expired. Only attorneys who are certified as death penalty qualified by the Idaho Supreme Court and/or the Idaho Public Defense Commission can be appointed in such cases notwithstanding any term, provision or condition of this agreement. This provision may require the appointment of one or more attorneys not party to this contract on terms deemed appropriate by the district court or magistrate division thereof. The terms and conditions of this contract shall not apply to any capital murder case in which the defendant is determined by the Court to be indigent. Before any payment is made to Attorney for services rendered pursuant to this section, the services must be authorized by the Court. If the services are authorized, the Attorney shall then submit before the last Wednesday of each month a sworn affidavit to the Court verifying the services rendered, the necessity therefore, and the time expended by the Attorney in order to be paid on the date set forth in Paragraph 2.1 above. A copy of the affidavit for payment will be sent by Attorney to the Xxxxxx County Clerk and Board of County Commissioners. In the event the Board believes the Attorney’s sworn affidavit does not list reasonable services rendered and/or reasonable time expended, the Board may make application to the District Court for determination of a reasonable rate of compensation for services and for direct expenses necessary for representation. Such affidavit and supporting materials shall not, however, contain material or references that would compromise attorney/client privilege and confidentiality. Notwithstanding any terms and conditions of this Agreement to the contrary, in cases governed by this Paragraph 2.2, during the initial thirty (30) day period following appointment, Attorney may expend an amount not to exceed $5,000 without prior Court approval for investigator and/or expert witness services provided that Attorney certifies that such expenditures were reasonable and necessary in submitting the claims therefor to the County. Expenditures exceeding $5000 must be authorized by the court having jurisdiction over the case involved. Because cases included in §1.1 D, F, G and H of this Agreement involve civil and/or procedures that are significantly more time intensive than normal criminal matters; are not generally included in the description of “Public Defender” and include formal discovery process and procedures, attorney shall be compensated at the rate of $100.00 per hour for work performed on such cases in addition to attorney’s normal monthly compensation.
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Samples: Public Defender Agreement, Public Defender Agreement, Public Defender Agreement
