| HOURS ITEMS |
PRIMA FACIE ALLOWANCE |
ORDINARY RANGE |
| 1. COMMUNICATIONS
WITH APPELLANT AND/OR TRIAL COUNSEL
Includes letters, calls, interviews with appellant and trial
counsel. Communications with other persons (such as
family members) may also be compensable on this line, if that person is used as a translator or conduit for communication with the client. Consultation with FDAP
should be included in Item 21, below, and communications with co-appellate counsel,
the Court or the Attorney General's Office, etc. should be
included in Item 23, below. |
2.5 hours |
3.5 hours |
| 2.
TIME REQUIRED TO REVIEW RECORD Includes time spent
reading and reviewing the record and taking notes on facts and
issues. |
1.0 hour for each 50 pages of record |
1.0 hour for each 50 pages of record |
| 3.
EXTENSION(S) OF TIME |
0.3 hours |
0.5 hours |
| 4.
MOTIONS TO AUGMENT Indicate the reason
if multiple motions to augment are necessary. Include
32.1(b)
letters in Item 5, below. |
0.5 hours |
1.5 hours |
| 5.
OTHER MOTIONS
(i.e., Rule 32.1(b),
abandonment, Fares motion, etc.) |
reasonable time |
reasonable time |
| 6.
OPENING BRIEF Usually 1.0 hour is recommended for preparation
of a Wendebrief in addition to compensation for the Statement of
the Case and Facts. If you use an argument which is substantially
based on the same argument used in a prior case, you must inform
us of that fact on the "Prior
Briefing Form", and explain what new work you've done.
Factors considered in evaluating the
complexity level of an issue include: (a) whether the issue
involves factual or legal complexities, novel or unsettled law,
or conceptual intricacies; (b) the number of necessary cited authorities;
(c) the length of the argument; and (d) the level
of complexity found by the respondent and/or Court. |
Statement of Case and Facts |
1/3 of time to review record, up to 7.0 hours |
1/2 of time to review record,
up to 10.0 hours |
| Low Simple |
< 2.5 hours |
< 4 hours |
| Simple |
2.5 hours |
4 hours |
| Simple to Average |
> 2.5 to < 5.5 hours |
> 4 to < 8 hours |
| Average |
5.5 hours |
8 hours |
| Average to Complex |
> 5.5 to < 9 hours |
> 8 to < 13.5 hours |
| Complex |
9 hours |
13.5 hours |
| HOURS ITEMS |
PRIMA FACIE ALLOWANCE |
ORDINARY RANGE |
| 7. UNBRIEFED ISSUES
Describe each issue in sufficient detail to assist the evaluator in assessing complexity. |
Low Simple |
< 0.2 hours |
< 0.5 hours |
| Simple |
0.2 hours |
0.5 hours |
| Simple to Average |
> 0.2 to < 0.5 hours |
> 0.5 to < 2.5 hours |
| Average |
0.5 hours |
2.5 hours |
| Average to Complex |
> 0.5 to < 2.5 hours |
> 2.5 to < 5.0 hours |
| Complex |
2.5 hours |
5.0 hours |
| 8. REPLY BRIEF |
1/3 of hours awarded for AOB |
1/3 of hours awarded for AOB |
| 9. SUPPLEMENTAL BRIEF
Includes letter briefs. |
same as Opening Brief |
same as Opening Brief |
| 10. REVIEW OF OPPOSING BRIEF
Includes briefs of Attorney General and all other adverse parties
where appropriate. Each must be identified. Assign
review of co-appellants' briefs to Item 22, 23, or 24, below. |
After substantive brief |
1 hours |
2.5 hours |
| After Wende brief |
0 hours |
0 hours |
| 11. PETITION: HABEAS CORPUS
Issues will be evaluated using the standards in Item 6, above. |
8.0 hours |
12.0 hours |
| 12. PETITION: REHEARING |
4.0 hours |
6.0 hours |
| 13. PETITION: REVIEW (OR ANSWER)
Little compensation will be approved for a petition for review that simply "recycles"
all or part of the AOB. (See Cal. Rules of Court, rules
28 and 29.) |
5.5 hours |
10.0 hours |
| 14. PETITION: OTHER
Issues will be evaluated using the standards in Item 6, above.
Compensation for petitions for writ of certiorari may require
pre-approval from the project. Check with the project. |
reasonable time |
reasonable time |
| 15. PETITION: READ RESPONSE |
reasonable time |
reasonable time |
| 16. PETITION: REPLY TO RESPONSE |
1/3 of hours awarded for petition |
1/3 of hours awarded for petition |
17. ORAL ARGUMENT
Includes letters waiving or requesting argument, preparation,
actual time in argument before the Court, and necessary waiting
time in the courtroom. Indicate if argument is telephonic
or video-conferenced. |
5.0 hours |
7.5 hours |
| 18. TRAVEL
Time is compensable where
the distance exceeds 25 miles one-way from counsel's office,
and where counsel cannot reasonably work on the case while
traveling. Travel to see clients must be pre-approved.
Compensation is based on the most economic means of travel
reasonably available. Indicate destination, purpose,
and time. |
| 19. REVIEW OPINION |
After substantive brief |
1.0 hours |
1.5 hours |
| After Wende brief |
0.2 hours |
0.2 hours |
| 20. REVIEW SUPERIOR COURT FILE
Includes review of exhibits. |
1.0 hours |
2.0 hours |
| 21. CONSULT WITH PROJECT |
on 'assisted' case |
1.0 hours |
4.0 hours |
| on 'independent' case |
0.5 hours |
2.0 hours |
| 22. ADMINISTRATIVE TASKS |
1.0 hours |
1.0 hours |
| 23. OTHER COMMUNICATIONS
Communications with the client or trial counsel are claimed on line 1. Claim on this line all other communication, e.g. with the court, opposing counsel, the client's family when not serving as a translator or conduit for communication with the client. |
reasonable time |
reasonable time |
24. OTHER SERVICES
All miscellaneous services other than communication. |
reasonable time |
reasonable time |
| EXPENSES ITEMS |
STANDARDS |
| 1. PHOTOCOPY
Do not include time spent
or cost of copying cases or statutes (including in-house,
through a computer service, or at a library). Extensive
copying of the file and/or transcripts for the client is normally
not compensable, except for short transcripts in Wende cases. Check with
the project first if copying exceeds 200 pages. |
actual cost, up to $0.10 per page |
| 2. BRIEF BINDING, ETC. |
actual cost, if reasonable (After May 1, 2004,
brief binding will be compensated only for original and court
service copies. Single-stapling other copies is sufficient.) |
| 3. POSTAGE/DELIVERY
Include actual cost of
ordinary means of delivery. Explain any unusual circumstances
in the case, other than appointed counsel's personal needs,
that justify use of express mail, messenger or attorney service,
personal delivery, or any other extraordinary means of delivery. |
actual cost, if reasonable |
| 4. TELEPHONE
Do not include regular
service charges or local calls. |
actual long distance cost; if reasonable |
| 5. TRAVEL EXPENSES
Based on State rates.
The State will compensate for the least expensive means of
travel for long distances. Do not include travel or
parking that is related to library visits or other research
sites. Consult with project in advance about overnight
expenses.
As of 1/1/2007 the AOC has increased the mileage rate to $.485/mile. |
actual necessary expenditures,
with the following limitations:
Mileage- up to $.31 per mile for use of personal car prior to 1/1/02;
up to $.34 per mile after 1/1/02 (the 25-mile minimum does not apply);
Up to $.445 per mile after 7/1/06;
Up to $.485 per mile after 1/1/07
Lodging- up to $110 (or $140 in Alameda, San Francisco, San Mateo, and Santa Clara counties
after 1/1/02) + tax per evening for lodging
Meals-
- up to $6 for breakfast;
- up to $10 for lunch; or
- up to $18 for dinner
- May be claimed as follows:
Trips of 24 hours or more: |
|
| First day of travel: |
breakfast, if trip begins at or before 6 a.m. |
| |
lunch, if trip begins at or before 11 a.m. |
| |
dinner, if trip begins at or before 5 p.m. |
| Continuing after 24 hours: |
breakfast, if trip ends at or after 8 a.m. |
| |
lunch, if trip ends at or after 2 p.m. |
| |
dinner, if trip ends at or after 7 p.m. |
| Trips of less than 24 hours: |
breakfast, if trip begins at or before 6 a.m. and ends at or after 9 a.m. |
| |
dinner, if trip begins at or before 4 p.m. and ends at or after 7 p.m. |
|
| 6. COMPUTER RESEARCH
For work performed after
November 1, 1999, includes only cost of research that requires
access to unique materials that are outside of a basic fee
plan (i.e., California, 9th Circuit, and U.S. Supreme Court
cases are considered part of a basic fee plan) and is supported
by documentation. Include explanation of need.
Do not include regular monthly fees for on-line computer research
service or for Shepardizing cases within the basic plan. |
actual cost for necessary extraordinary research |
| 7. PARALEGAL/CLERKS
Itemize hours, hourly
rate, and activity. Paralegal and law clerk work is
expected to reduce the time an attorney must spend.
Thus, if attorney time is over Guidelines for a specific activity,
no paralegal or law clerk expense for that activity will be
approved. |
$25 per hour |
| 8. TRANSLATOR/INTERPRETER
Translator or interpreter
fees may require pre-approval by the project. See our
general claims information.
Do not include costs of translating briefs or other pleadings,
for which the Court does not compensate. |
actual cost, up to local prevailing rate |
| 9. MISCELLANEOUS
Itemize and explain
costs of experts, investigators, certification fees, etc.
Do not include administrative or overhead costs such as secretarial
work or library upkeep. Payment for experts and investigators
may require pre-approval by either the project or the Court
of Appeal. FDAP's policy for experts and investigators
requires the panel attorney to submit a written request to their
FDAP buddy if services will not exceed $900. If the amount
will exceed $900, the attorney needs to send a request directly
to the Court of Appeal (speak to your FDAP buddy first).
Experts® fees may not exceed $125/hour and investigators® fees
may not exceed $65/hour without pre-approval by the Court of
Appeal. |
reasonable cost |
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