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[Utah Administrative Code Table of Contents]
[Title R025. Table of Contents]
R25-14-1 Authority and Purpose.
(1) This rule is implemented pursuant to Section 78-35a-202.
(2) The purpose of the rule is to establish the procedures and maximum compensation amounts to be paid for attorneys fees and litigation expenses by the Division of Finance to legal counsel appointed by district courts to represent indigent persons sentenced to death who request representation to file an action under Title 78, Chapter 35a, Post-Conviction Remedies Act.
R25-14-2 Request for Payment.
In order to obtain payment for attorney's fees and litigation expenses, counsel appointed by a district court, pursuant to Section 78-35a-202 (2)(c), shall present to the Division of Finance a certified copy of the district court order of appointment of legal counsel and a signed Request for Payment verifying the work has been performed as provided in Section R25-14-4 pursuant to the schedule of payments set forth in that section.
R25-14-3 Scope of Services.
(1) All appointed counsel, by accepting the court appointment to represent an indigent client sentenced to death and by presenting a Request for Payment to the Division of Finance, agree to provide all reasonable and necessary post-conviction legal services for the client, including timely filing an action under the provisions of Title 78, Chapter 35a, Post-Conviction Remedies Act and representing the client in all legal proceedings conducted thereafter including, if requested by the client, an appeal to the Utah Supreme Court.
(2) All appointed counsel agree to accept as full compensation for the legal services performed and litigation costs incurred the amounts provided in the Schedule of Payments of Attorneys Fees found in Section R25-14-4.
R25-14-4 Schedule of Payments of Attorneys Fees.
All counsel appointed to jointly represent a single client shall be paid, in the aggregate, according to the following schedule of payments upon certification to the Division of Finance that the specified legal service was performed or the specified events have occurred:
(1) $5,000.00 upon appointment by the district court and presentation of a signed Request for Payment to the Division of Finance.
(2) $5,000.00 upon timely filing a petition for post-conviction relief.
(3) $5,000.00 after all discovery has been completed, all prehearing motions have been ruled upon, and a date for an evidentiary hearing has been set.
(4) If an evidentiary hearing is required, $5,000.00 on the date the first witness is sworn.
(5) $7,500.00 if an appeal is filed from a final order of the district court. $5,000.00 of the total shall be paid when the brief on behalf of the indigent person is filed and $2,500.00 when the Utah Supreme Court finally remits the case to the district court.
(6) An additional fee of $100 per hour, but in no event to exceed $5,000.00 in the aggregate, shall be paid if:
(a) counsel satisfy the requirements of Rule 4-505, Utah Code of Judicial Administration; and
(b) the district court finds:
(i) that the appointed counsel provided extraordinary legal services that were not reasonably foreseeable at the time of accepting the appointment, such as responding to or filing a petition for interlocutory appeal, and
(ii) the services were both reasonable and necessary for the presentation of the client's claims.
(c) These additional fees shall be paid upon approval by the district court and compliance with the provisions of this rule.
R25-14-5 Payment of Reasonable Litigation Expenses.
The Division of Finance shall pay reasonable litigation expenses not to exceed a total of $10,000.00 in any one case for court approved investigators, expert witnesses, and consultants. Before payment is made for litigation expenses, the appointed counsel must submit a request for payment to the Division of Finance including:
(1) a detailed invoice of all expenses for which payment is requested; and
(2) written approval of the district court certifying that the expenses were both reasonable and necessary for the presentation of the client's claims.
R25-14-6 Withdrawal of Counsel.
(1) If an attorney appointed under Section 78-35a-202 is permitted to withdraw by the court or, due to death or disability, is unable to continue, the attorney shall be paid only for the actual work performed to the date of withdrawal as certified by the court.
(2) If withdrawal is ordered by the court because of counsel's improper conduct or the court finds that a foreseeable conflict of interest which should have been disclosed prior to appointment existed, all compensation received by the attorney shall be repaid to the Division of Finance.
[Indexing]
KEY: attorneys, fees, capital punishment, post-conviction*
September 15, 1997
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
78-35a-202
