Fee Standards

Non-Complex cases:

I. Fee Petitions------One fee petition should be filed with the Clerk of Courts and submitted at the conclusion of the case before the Trial Court. The fee petition shall be directed to the attention of the Judge who presided over the proceeding.

Adult Criminal cases:

  • The Fee Petition and Billing shall set forth the caption and manner of disposition of the case ie. by way of trial(with number of days for trial) or other non trial dispositions (plea, Rule 314, nol pros, etc.)
  • An itemized billing reflecting the dates, time, and nature of the services should be attached to or made a part of the petition.
  • Court-appointed counsel are responsible for providing legal services on behalf of the defendant throughout the proceeding including post trial and post sentence motions. If the defendant has not challenged the effectiveness of the representation, Court-appointed counsel shall be responsible for pursuing the in forma pauperis petition on behalf of the defendant for purposes of appeal.
  • Court-appointed counsel representing a defendant on appeal shall seek leave of Court through a petition if an appeal to the United States Supreme Court is sought setting forth the reasons therefore.
  • Court-appointed counsel are not responsible for continued representation of the defendant for parole violation proceedings unless the conflict remains with the Public Defender's Office.
  • The Billings shall adhere to the standards hereinafter set forth.

Juvenile Criminal Proceedings:

  • The Fee Petition and Billing shall set forth the caption and manner of disposition of the case ie. by way of informal disposition, consent decree, trial, or dismissal.
  • An itemized billing reflecting the dates, time, and nature of the services should be attached to or made a part of the petition.
  • Court-appointed Counsel are responsible for providing legal services on behalf of the Juvenile defendant through to the disposition hearing. Appeals, if taken, shall be with leave of Court.
  • Unless a conflict remains with the Public Defender's Office, Court-appointed counsel are not responsible for review or violation hearings on behalf of the Juvenile.
  • The Billings shall adhere to the standards hereinafter set forth.

Dependency Proceedings:

  • The Fee Petition and Billing shall set forth the caption and manner of disposition of the case and include by way of billing the services rendered through the emergency placement and dependency determination. Note with leave by the Family Court Judge, a petition consolidating multiple cases and quarterly billings may be filed with the Court.
  • An itemized billing reflecting the dates, time, and nature of the services should be attached to or made a part of the petition.
  • Court-appointed Counsel are responsible for review proceedings and any appeals through the Pennsylvania Superior Court. Leave of Court shall be sought by Court-appointed counsel before initiating appeals to the Pennsylvania Supreme Court.
  • The Billings shall adhere to the standards hereinafter set forth.

Older Adult Protective Services and Guardianship Proceedings

  • The Fee Petition and Billing shall set forth the manner of disposition of the case and include by way of billing the services rendered.
  • An itemized billing reflecting the dates, time, and nature of the services should be attached to or made a part of the petition.
  • Court-appointed Counsel shall be responsible for any review proceedings on behalf of the older or incapacitated adult.
  • Court-appointed Counsel shall not perform any services for persons other than their client nor perform services beyond the scope of the original appointment. In no event shall Court-appointed counsel perform such post adjudication services unless approval has been given by the Court upon petition and Order entered.
  • The Billings shall adhere to the standards hereinafter set forth.

Paternity Cases:

  • The Fee Petition and Billing shall set forth the manner of disposition of the case and include by way of billing the services rendered.
  • An itemized billing reflecting the dates, time, and nature of the services should be attached to or made a part of the petition.
  • Court-appointed Counsel are responsible for providing legal services on behalf of the putative father through to the disposition hearing. Appeals, if taken, shall be with leave of Court.
  • The Billings shall adhere to the standards hereinafter set forth.

Billings:

No reimbursement for:

  • Mileage and travel time to the Court House
  • Secretary time
  • Paralegal time
  • Standard Postage
  • Normal Copying Costs

Reimbursement for:

  • Time spent in office, in Court, and meetings with client, witnesses and experts.
  • Travel time, when no other recourse available to fulfill No. B. 1) above.
  • Long Distance phone charges
  • Printing and extraordinary copying costs for preparation of exhibits and appeals
  • Extraordinary postage

Complex Cases:

Definition: Homicide cases and those cases whose ultimate trial resolution will exceed a year and/or within which a substantial amount of attorney time will be expended.

 

Fee Petition:

  • The Petition should set forth a brief statement asserting the grounds why the proceeding should be identified as a complex case.
  • The initial petition seeking designation of complex status should request permission to submit interim billings and other exceptions to the Billings standards enumerated in II. Billings above.
  • Interim fee petitions shall contain a recitation of past billings or copies thereof that have been previously submitted and note whether the past billings have been approved or disapproved.