HB 102 — Court-appointed counsel; raises the limitation of fees.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E714 An Act to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of N court-appointed counsel.

R O [H 102] Approved LApril L8, 2024 Be it enacted by the General Assembly of Virginia:

E § 19.2-163.

DUpon submission to the court, for which appointed representation is provided, of a detailed accounting of the time expended for that representation, made within 30 days of the completion of all proceedings in that court, counsel appointed to represent an indigent accused in a criminal case shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia in a total amount not to exceed the amounts specified in the following schedule this section, or other such amount as may be provided by law.

Such amounts shall be allowed in any case wherein counsel conducts thetheamount defense of a single charge against the indigent accused through to its conclusion or a charge of violation of probation at any hearing conducted under § 19.2-306;

thereafter, compensation for H additional charges against the same accused also conducted by the same counsel shall be allowed1onallowed the1.on the basis of additional time expended as to such additional charges:

In1. a district court, except as provided in subdivisions 2 and 3, (i) a sum not to exceed $120 $330 or (ii) for a charge of violation of probation for any misdemeanor offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion, and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia, may waive the limitation of fees provided under clause (i) or (ii) up to (i) an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver or (ii) an amount up to $650 to defend, in the case of a juvenile, an offense that would be a felony if committed by an adult that may be punishable by confinement in for such offense, when the effort expended, the time reasonably necessary for the particular of probation representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;

In a district court, except as provided in subdivisions 2 and 3, (i) a sum not to exceed $120 $330 or (ii) for a charge of violation of probation for any misdemeanor offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion, and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia, may waive the limitation of fees provided under clause (i) or (ii) up to (i) an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver or (ii) an amount up to $650 to defend, in the case of a juvenile, an offense that would be a felony if committed by an adult that may be punishable by confinement in the state correctional facility for a period of more than 20 years, or a charge of violation of probation for such offense, when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;

For a misdemeanor charge in a district court for a violation of § 18.2-266, 18.2-266.1, 18.2-270, or 46.2-341.24, (i) a sum not to exceed $448 or (ii) for a charge of violation of probation for such a misdemeanor offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees provided under clause (i) or (ii) up to an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;

For a juvenile charge in a district court, (i) a sum not to exceed $680 or (ii) for a charge of violation of probation for any offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees provided under clause (i) or (ii) up to (a) an additional $120 or (b) an additional $650 for an offense that would be a felony if)if or committed by an adult that may be punishable by confinement in the state correctional facility for a period of more than 20 years or a charge of violation of probation for such offense when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;

(ii) to defend a felony charge that may be punishable by confinement in the state correctional facility for a period of more than 20 years, or a charge of violation of probation for such offense, a sum not to exceed $1,235 any felony violation of § 18.2-35, 18.2-36, 18.2-36.1, 18.2-41, 18.2-51, 18.2-67.3, 18.2-79, 18.2-80, 18.2-370, 18.2-370.1, or 18.2-371.1, a sum not to exceed $1,692, provided that, notwithstanding the foregoing limitation, the court in its discretion, and of 3 subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia, may waive the limitation of fees up to an additional $850 when the effort expended, the time reasonably necessary for of 3 the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;

In the event counsel is appointed to defend an indigent charged with a felony that is punishable as a Class 1 felony, each attorney appointed shall continue to receive compensation as provided in this paragraph for defending such a felony, regardless of whether the charge is reduced or amended to a lesser felony, prior to final disposition of the case.

The circuit or district court shall direct that the foregoing payments shall be paid out by the Commonwealth, if the defendant is charged with a violation of a statute, or by the county, city, or town, of 3 if the defendant is charged with a violation of a county, city, or town ordinance, to the attorney so appointed to defend such person as compensation for such defense.

ECounsel representing a defendant charged with a Class 1 felony may submit to the court, on a monthly basis, a statement of all costs incurred and fees charged by him in the case during that month.

Whenever the total charges as are deemed reasonable by the court for which payment has not previously of 3 been made or requested exceed $1,000, the court may direct that payment be made as otherwise R provided in this section.

O When such directive is entered upon the order book of the court, the Commonwealth, county, cLty,city, or town, as the case may be, shall provide for the payment out of its treasury of the sum of money so defendspecified. him shall be taxed against the defendant as a part of the costs of prosecution and, if collected, the same shall be paid to the Commonwealth, or the county, city, or town, as the case may be.

IEIf the eventdefendant thatis counselconvicted, for the defendantamount requestsallowed aby waiverthe ofcourt to the limitationsattorney onappointed compensation,to thedefend courthim shall assessbe taxed against the defendant anas amounta equalpart toof the pre-waivercosts compensationof limitprosecution specifiedand, inif thiscollected, sectionthe forsame eachshall chargebe forpaid whichto the defendantCommonwealth, wasor convicted.the county, city, or town, as the case may be.

In the event that counsel for the defendant requests a waiver of the limitations on compensation, the court shall assess against the defendant an amount equal to the pre-waiver compensation limit specified in this section for each charge for which the defendant was convicted.

Notwithstanding any provision to the contrary, no person found indigent pursuant to § 19.2-159 shall have fees assessed against him for any amount paid for his legal representation pursuant to this article in an amountdamount greater than the amount such defendant would have owed if the assessment took place on or before June 30, 2024.

Any statement submitted by an attorney for payments due him for indigent representation or fHrfor representation of a child pursuant to § 16.1-266 shall, after the submission of the statement, 1ebe forwarded forthwith by the clerk to the Commonwealth, county, city, or town, as the case may be2be, child's parents or other persons responsible for hispayment. care to be indigent pursuant to § 19.2-159, no feeh shall be taxed by the clerk against any such child in an amount greater than the amount the clerk would have taxed against such child if the assessment took place on or before June 30, 2024.

ForNotwithstanding theany purposesprovision ofto this section, the defensecontrary, ofif athe casecourt mayhas bedetermined consideredsuch conductedchild's throughparents toor itsother conclusionpersons andresponsible an appointed counsel entitled to compensation for his servicescare into thebe event an indigent accusedpursuant fails to appear§ in19.2-159, courtno subjectfee toshall abe capiastaxed forby histhe arrestclerk oragainst aany showsuch causechild summonsin foran hisamount failuregreater tothan appearthe andamount remainsthe aclerk fugitivewould fromhave justicetaxed foragainst onesuch yearchild followingif the issuanceassessment oftook theplace capiason or theEffectivebefore JulyJune 1,30, 2007,2024. the Executive Secretary of the Supreme Court of Virginia shall track and.

reportFor the numberpurposes andof categorythis section, the defense of offensesa chargedcase involvingmay adultbe considered conducted through to its conclusion and juvenilean offendersappointed counsel entitled to compensation for his services in casesthe event an indigent accused fails to appear in whichcourt court-appointedsubject to a capias for his arrest or a show cause summons for his failure to appear and remains a fugitive from justice for one year following the issuance of the capias or the summons to show cause, and appointed counsel ishas assigned.appeared at a hearing on behalf of the accused.

Effective July 1, 2007, the Executive Secretary of the Supreme Court of Virginia shall track and report the number and category of offenses charged involving adult and juvenile offenders in cases in which court-appointed counsel is assigned.