This bill proposes to amend current statutes regarding the compensation of court-appointed counsel for capital defendants in state postconviction relief proceedings. Under current law, counsel not employed by a publicly funded office is limited to an hourly rate of $100. The bill introduces a provision that allows for a higher compensation rate, not to exceed $200 per hour, if approved by the county board of supervisors. This change aims to provide more flexibility in compensating legal counsel for their services in these critical cases.

Additionally, the bill modifies the language surrounding the payment process for appointed counsel. It clarifies that the county shall not set or pay compensation in cases where the defendant is represented by a public defender or other publicly funded office. The bill also maintains the requirement that payment to court-appointed counsel is contingent upon the timely filing of a petition or notice indicating that counsel has reviewed the record and found no meritorious claim. Overall, these updates aim to enhance the legal representation of capital defendants while ensuring that compensation aligns with the approval of local governing bodies.

Statutes affected:
Introduced Version: 13-4041
Senate Engrossed Version: 13-4041
House Engrossed Version: 13-4041