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.
- 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.
- 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.
- 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.
- Mileage and travel time to the Court House
- Secretary time
- Paralegal time
- Standard Postage
- Normal Copying Costs
- 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.
- 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.
Form: See Attached
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
: NO.
V. :
:
PETITION FOR APPROVAL AND PAYMENT OF
COURT APPOINTED ATTORNEY'S FEES
AND NOW, comes the Petitioner, (Name of Attorney) and files this Petition for
Approval and Payment of Court Appointed Attorney's Fees, of which the following is a
statement:
(1) Your Petitioner was appointed to represent ___________ by
Judge_________ on ___________.
(2) This is a non-complex case and all anticipated legal services have been
concluded, for which a final bill is attached hereto.
OR
(2) This is a complex case and an interim bill is being submitted and is
attached hereto together with prior billings to date.
NOTE: (In this event, a brief statement, as to why case should be considered
complex and prior billings should be indicated as paid or unpaid)
(3) Petitioner has expended ______ hours, at $_______ per hour,
representing the interests of his/her client, as set forth in the attached bill,
marked exhibit "A" and has expended $______ in costs for (eg. photo
copy, postage or other appropriate costs) on behalf of his/her client.
WHEREFORE, Petitioner requests this Honorable Court to approve and direct
the County of York to reimburse Petitioner's fees and costs at a fair and reasonable
rate.
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
: NO.
V. :
:
ORDER
AND NOW, this _______ day of __________, 20__, upon consideration of the
foregoing Petition, it is hereby Ordered that the County of York reimburse Petitioner
__________, Esquire for ________ hours of time spent in representing the interests of
his/her client, at a rate of $_______ per hour, plus necessary costs of $________ for a
total of $__________.
BY THE COURT,
_______________________
DATE: