2174 Appointment of counsel policies and procedures and revised fee bill; family division; administrative doc. no. A-8

Title 252--ALLEGHENY COURT RULES

ALLEGHENY COUNTY

Appointment of Counsel Policies and Procedures and Revised Fee Bill; Family Division; Administrative Doc. No. A-8

[31 Pa.B. 6659]

Order

   Now, this 9th day of November, 2001, upon recommendation of the Court's Juvenile Section, it is herby Ordered that the following policy regulating the appointment of counsel in all Family Division, Juvenile Section cases before the Judges of the Court of Common Pleas of Allegheny County is adopted for cases in which the order for appointment of counsel is made after December 1, 2001.

   It is further Ordered that the District Court Administrator of Allegheny County publicize this policy in the Pennsylvania Bulletin forthwith.

By the Court

KATHLEEN MULLIGAN,   
Administrative Judge

Policies and Procedures Governing Court Appointed Counsel for Delinquency Cases

I.  General Guidelines

   A.  The appointment of counsel for delingquent Juvenile cases shall be made by the Supervising Judge of the Juvenile Section, her designee or by the Judge or Hearing Officer assigned to the specific case. Each appointment shall require a motion by the Public Defender of Allegheny County, setting forth the basis for the conflict. The Public Defender's office shall, upon reasonable notice of the Court, make itself available to the appointing Judge. Unless there is good cause, motions shall be submitted in writing in advance of the scheduled hearing.

   B.  The Supervising Judge of the Juvenile Section will keep a list of eligible attorneys. Attorneys interested in being considered for appointments shall submit a letter and summary of criminal and family division defense experience to the supervising Judge of the Juvenile Section. This list is available for distribution to any Family Division Judge, upon request.

   C.  Immediately upon appointment, counsel shall prepare the Appointment Order (Form 24 A Juv. Ct.) for judicial signature. The appointed Attorney shall copy this order to 3 sources. Blank orders may be picked up in the office of the Judicial Services supervisor. It is important that the appointed attorney completes the order in full, insuring that it contains the JID #, the Docket #, and the Case Log #. The Court Clerk shall make the distribution of the appointment order in Court as follows:

Original--Prothonotary
First Copy--District Court Administrator, Fiscal Affairs,
   300 Frick Building, 437 Grant Street, Pittsburgh, PA 15219
Second Copy--Information Management Dept.
Third Copy--Appointed Attorney (to be later used with
   invoicing)

   D.  Attorneys receiving appointments agree to accept and adhere to the policies and procedures as set forth in this document including the Pro Bono section.

II.  Fee Schedule

A.	Necessary Preparation	$ 50.00 per hour
B.	Court Apearance
	1.  Full Court Day	$500.00
	2.  Half Court Day	$250.00 (up to 4 hours)
C.	Expert Fees
	1.  Preparation	$ 50.00 per hour
	2.  Full Court Day	$500.00
	3.  Half Court Day	$250.00 (up to 4 hours)
D.	Investigator Fee	$ 30.00 per hour

III.  Fee Guidelines

   Court-appointed invoices in excess of the following amounts shall require the approval and signature of both the assigned Judge and the Supervising Judge of the Juvenile Section.

A.	Trial (includes pre-trial conference, Cont'd hrgs. def'd hrgs., etc.)	$1,000.00
B.	Plea (investigative & office time or Cont'd Hrgs. resulting in plea)	$   750.00
C.	Preliminary Hearings	$   250.00
D.	Expert Fees	$1,500.00
E.	Investigator Fees	$   500.00
F.	Pre-Trial Conference	$     50.00

IV.  Pro Bono Program

   A.  Attorneys accepting appointments under this program shall participate in pro bono work.

   B.  Participating attorneys shall submit one pro bono invoice for every four appointments (25%). Attorneys submitting invoices must designate the pro bono case upon submission of the invoice to the assigned judge.

   C.  The District Court Administration Fiscal Affairs Office shall maintain a record of all appointments. Policy enforcement shall be the responsibility of the Juvenile Section Administration. Failure to comply with the Pro Bono requirements may result in designation by the Court of pro bono work, upon invoices received.

   D.  The District Court Administrator shall report quarterly to the Judges of the Family Division concerning the Pro Bono work of all participating attorneys.

V.  Billing Guidelines

   A.  Appointed attorney shall submit all invoices to the appointment Judge. The invoice shall be submitted on firm letterhead, include the firm's address and telephone number, date and take the following format:

   1.  A chronological listing of appointment work with dates, amount of time devoted to the legal work, and associated expense.

   2.  Clearly identify miscellaneous expenses (copying, postage, etc.) and include actual original receipts.

   3.  Include statements of services rendered by experts and investigators.

   4.  Attach a copy of the Appointment Order (Form 24 A Juv. Ct.)

   5.  Include a completed Payment Order (Form 24 B. Juv. Ct) for execution by the assigned judge and the Supervising Judge, if necessary.

   B.  Counsel must submit requests for payment within 60 days of case completion. For the purpose of this policy, case completion shall be defined as:

   1.  Not Guilty Verdict

   2.  Disposition (if no post-disposition motions)

   3.  Disposition of post-disposition motion

   4.  Dismissal/Withdrawal of Charges

   5.  Acceptance of Consent Decree

   6.  Disposition of Appeal

   C.  The following limitations are established by the policy:

   1.  The Court will not reimburse for preparation or closing the case on the same day as the trial/plea/consent decree.

   2.  The Court will not reimburse for more than two 1/2 days or one full day per attorney per day. The only exception to this standard will be a situation in which counsel is asked to provide representation on-the-spot for a defendant. These cases usually involve little or no preparation or research to provide effective representation. In such case, counsel may invoice at a $50.00 per hour rate for that case, beyond what is being invoiced for the original case that brought counsel to the Court.

   3.  The Court will not reimburse for a full day in Juvenile Court if counsel has submitted an invoice for work performed in another division of the Court on the same day.

IV.  Billing Procedures

   A.  Counsel shall submit their invoice, a copy of the appointment Order, and completed payment order without the Judge's signature. This package is to be submitted to the Administration Secretary of the Juvenile Section.

   B.  The Juvenile Section Administration Secretary will record the receipt of such package and pass it to the Administrative Services Clerk who begins a preliminary audit of the invoice to insure proper rates are being charged and addition is correct. The invoice package is then returned to the Juvenile Section Administration Secretary.

   1.  Upon determinationn that there is a discrepancy or question on the invoice, the Juvenile Section Assistant Administrator will contact counsel and attempt to resolve the discrepancy.

   2.  Upon resolution, the Assistant Administrator will submit the package with a recommendation that the assigned judge sign the Payment Order.

   3.  If the discrepancy is unresolved, a notation will be made on the invoice and the package will be presented to the assigned Judge. The Judge will enter an appropriate order or direct the attorney to present a motion pursuant to the motions procedures. After an order is entered, the judicial staff will provide a copy to counsel and will forward the package to the Juvenile Section Administration for further processing.

   D.  The Administration of the Juvenile Section will forward the invoice package with payment order to the assigned Judge for signature. Once the Judge has approved the payment order and invoice, the package will be returned to the Juvenile Seciton Administration Secretary and it will be promptly submitted to the Fiscal Affairs Department.

   E.  The Fiscal Affairs Department shall promptly review the documents and post the transaction to the Court's respective account, prepare a payment voucher, and forward to the Office of County Controller.

   1.  If any discrepancy is discovered by the Fiscal Affairs Department, the package will be returned to the Assistant Administrator of the Juvenile Section who will resolve the discrepancy or advise the assigned Judge that a problem exists.

   F.  The Court will make every effort to assure payment within 14 days of receipt of the invoice.

   G.  The following issues may cause delay in prompt payment and or rejection of any expense or invoice:

   1.  Failure to submit within the established time constraints

   2.  Failure to submit required receipts

   3.  Failure to notify the Fiscal Affairs Department of a change of address

   4.  Failure to correctly complete a W-9 form

   5.  Failure to comply with any provision of this policy

   6.  Inquiry of the Court's Fiscal Affairs Department, Administration Department or Controller Office inquiry

Reminders

   *  Fee schedules and Fee Guidelines only apply to Court Appointments of the Juvenile Section of the Family Division

   *  Signature of Juvenile Section Supervising Judge is required for amounts in excess of Fee Guidelines

   *  A request for payment must be completed within 60 days of case completion.--See Section V., Subsection B.

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
FAMILY DIVISION--JUVENILE SECTION

IN THE INTEREST OF	CASELOG NUMBER	JID NUMBER	DOCKET NUMBER
______                      (A MINOR)	______	______	______

ATTORNEY PAYMENT ORDER

   AND NOW, to wit, this _____ day of ______ , 20 __ , appearing _________________ , counsel appointed by the Court, and presenting the within Petition for Counsel Fees, it is ORDERED and DECREED that the Controller of Allegheny County is hereby authorized and directed to issue a warrant for the amount of $ _____ for the above-rendered legal services to:

Name:       _________________

Address:   _________________

_________________

_________________

APPEARANCE FOR THE ABOVE NAMED YOUTH IS WITHDRAWN

BY THE COURT:

_________________
Judge                              

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
FAMILY DIVISION--JUVENILE SECTION

IN THE INTEREST OF	CASELOG NUMBER	JID NUMBER	DOCKET NUMBER
______                      (A MINOR)	______	______	______

CONFLICT COUNSEL APPOINTMENT ORDER

   AND NOW, to wit, this _____ day of ______ , 20 __ , in accordance with the Public Defender Act of 1968, December 2, P. L. 1144, 16 P. S. 9960.7, it appearing to the Court that the above-named Defendant is unable to hire private legal counsel to represent him/her at the above numbered matter, it also appearing to the Court that the Public Defender of Allegheny County, having been appointed to represent the Defendant is unable to do so on the date and time set for trial and for the reason:  Conflict,

   IT IS HEREBY ORDERED that _________________ Esq., be appointed to represent the Defendant in the matter before the Court at the above number and that he/she be awarded reasonable compensation upon completion of said representation.

BY THE COURT:

_________________
Judge                              

[Pa.B. Doc. No. 01-2174. Filed for public inspection December 7, 2001, 9:00 a.m.]