Court-Appointed Counsel for Indigent Defendants.Rule 300.Court-Appointed Counsel for Indigent Defendants.
In non-contract conflict defense cases that are not covered pursuant to Section 987.2(b) of the Penal Code, the following shall apply:
(a)In the event that the public defender's office declares a conflict of interest or should otherwise be unavailable for appointment to represent a person qualifying for the assistance of court-appointed counsel, the court shall appoint counsel as set forth in this rule and such policies as the court may from time to time adopt.
(b)At the conclusion of all proceedings in a case in which counsel has been appointed, counsel shall submit an original plus two copies of an itemized statement showing all services reasonably provided on behalf of his or her appointed client and the dates upon which each such service was provided. Said counsel shall attach to the front of the original and two copies of the declaration, an attorney fee order form for the judge's signature, which shall be available from the office of the Clerk of Superior Court. The amount of time shown on said itemized statement shall reflect no more than the actual "billable" time that an attorney ethically would bill to a member of the public who that attorney might represent in private practice. The time itemized shall not include attorney's traveling time or expenses within the south county of Santa Barbara in cases arising in Santa Barbara, or traveling time or expenses within the north county of Santa Barbara in cases arising in Santa Maria, or research or preparation time which would not be required of an attorney reasonably experienced in the practice of criminal law. Said itemized statement shall be submitted to the court by counsel in the form of a declaration signed under penalty of perjury.
(c)Within a reasonable period of time from the date of filing of counsel's request for a fee order and itemized declaration in support thereof, the court shall determine whether or not said request and declaration conform to the contents of this rule and any corresponding court policy. If the request and declaration conform to this rule and any corresponding court policy, an order shall be made and delivered forthwith to the Auditor of the County of Santa Barbara for payment out of the General Fund of the County of Santa Barbara, as set forth in Penal Code Sec. 987.2(a). In the event the court determines that the request and declaration is not or may not be in conformance with this rule and any corresponding court policy, the court may reduce the claim as it deems appropriate or may notify counsel that said request for attorney's fees is denied pending a hearing to be scheduled on the law and motion calendar of the court. Any such hearing shall take into account the schedules of the court and counsel. Said counsel shall not bill the court for any time spent on any such hearing. At the conclusion of any such hearing, the court shall make a final order as to the amount of attorney's fees to which said counsel is entitled pursuant to this rule and any corresponding court policy.
(d)Recognizing the Constitutional requirement to provide competent and qualified counsel, and subject to the determination by the trial court to a reasonable fee for services pursuant to Penal Code Secs. 987.2 and 987.3, counsel shall be appointed and compensated in accordance with such guidelines as the court may from time to time set forth in its policies.
(Amended, effective 7/1/85; 1/1/96)
Rule 301.Court-Appointed Foreign Language Interpreters.
Appointment for one-half day or less:$ 95.00
Appointment for full day, per day:$160.00
If an interpreter works in only the a.m. or only the p.m. hours, compensation shall be paid at the half-day rate. If an interpreter works any combination of hours in the a.m. and p.m., compensation shall be paid at the full day rate. However, in no event shall an interpreter receive more than the full day rate on any given day, regardless of whether such interpreter provides services to more than one court in Santa Barbara County on the same day. In order to be eligible for appointment, interpreters shall be willing to provide services on half days and full days. The court, in its discretion, may authorize a different rate of compensation for any type of interpreter.
Not less than 48 hours prior to the hearing date in any criminal proceeding, counsel shall notify the superior court calendar department of the need for an interpreter for any non-defendant witness. (The court may prescribe a form for such request.) In district attorney family support matters, counsel shall notify the Superior Court Calendar Department of the need for an interpreter for any party as described above.
(Amended 1/1/91; 1/1/96)
Rule 302.Tort Cases Involving Minor, Insane or Incompetent Persons.
Reasonable attorney's fees shall be awarded in a tort action involving the minor, insane or incompetent person.
(a)Such fees shall be subject to the court's discretion in the "normal" or "typical" tort action compromised under CCP Sec. 372 or Probate Code Sec. 1431:
(1)Reimbursement for expenses advanced in investigation, discovery, and prosecution of the case;
(2)Attorney's fees as follows:
(i)Prior to the trial setting conference: 25% of the net amount recovered;
(ii)After trial setting conference, but before motion for new trial granted: 33 1/3% of the net amount recovered;
(iii)After new trial granted, or before the filing of opening brief on appeal: 40% of the net amount recovered;
(iv)At any time, a petition, ex parte for approval of fee and expenses agreement may be filed on behalf of the minor, insane, or incompetent person.
(b)In determining whether the case is "normal" or "typical," and if determined to be other than "normal" or "typical," the extent to which the fee allowed should be more or less than that allowed for the "normal" or "typical" case, (whether at the time of the hearing on the compromise, or prior thereto), the court shall consider such matters as may be presented as bearing upon the nature of the case, including, but not limited to:
(1)The type of case. E.g., rear-ender, intersection collision, slip and fall, public entity, etc.;
(2)The nature of the injuries, so far as known, e.g., "soft tissue," fracture, etc.;
(3)The complexity or potential complexity of the case, in terms of the number of parties involved and issues involved;
(4)Whether there were or might be any unusual special defenses that were dealt with, or which might have to be dealt with;
(5)The amount of insurance coverage that is or appears to be available;
(6)The existence of any dispute or realistically possible dispute over insurance coverage.
(c)The court may require that counsel make a written presentation in support of his or her position that the case is not "normal" or "typical." The contents of such presentation shall remain confidential, and shall not be disclosed to anyone by the judge to whom the same made, except upon noticed motion, after final disposition of the case, (including any appeals). If such presentation is in writing, the judge shall sign the same, indicating that he or she read it, and the same shall be retained by counsel presenting it until the earliest of the following occurs:
(1)Termination of the case with no recovery;
(2)Distribution of the recovery to the minor, insane, or incompetent person, pursuant to court order;
(3)Other order of court, after final termination of the case (including any appeals), upon noticed motion.
(Amended, effective 9/15/80)
Rule 303.Court-Appointed Psychiatric Medical Examiners.
For examination and report (without court appearance) in matters concerning narcotics (3051 Welfare and Institutions Code): $75.00
For examination and report (without court appearance) in the following case categories:
1026 Penal Code (insanity plea): $175.00
1368 Penal Code (mental competency) and all others: $150.00
Court appearance of one hour or less: $100.00
Court appearance requiring more than one hour: (per hour) $75.00
On-call non-appearance: $75.00
Psychological examination and report (without court appearance) in juvenile matters, (balance to be paid by probation department): $100.00
The party who subpoenas a court-appointed medical examiner for hearing or trial shall have the burden of informing the witness of any changes in court appearance dates at the earliest possible point in time. Failure to call off such witnesses in a timely fashion, may require payment of the appropriate fee by the department or party responsible for the subpoena of such witness.
(Amended, effective 7/1/85)
Rule 304.Court Discretion Re Fees.
The allowance of fees for counsel or psychiatric services in excess of the foregoing schedules, shall be solely within the discretion of the court upon proper and sufficient showing by the claimant of the necessity or justification thereof, except as such may be specifically set by statute.
Rule 305.Family Law--Support Schedules.
(Repealed 1/3/94)
Rule 306.Jury Fees.
The advance deposit for jury fees in civil cases, required by CCP Sec. 631 shall be $250.00. In the event that a case settles prior to the commencement of trial, the party who has demanded trial by jury shall give notice to the jury commissioner's office or those court personnel responsible for the coordination of the jury panels, no later than 4:00 p.m. on the court day prior to the date set for trial. Failure to provide such timely notice so that the jurors can be called off, shall result in said party's forfeiture of the jury fee deposit and liability for all of the costs of the jurors appearing for trial. If the case settles on the day of trial, after the jurors have actually appeared and said jurors cannot be utilized in another trial on the same date, the parties shall be responsible, on a basis in the discretion of the court, for the actual costs of all jurors appearing for said trial.
(Amended, effective 1/1/89)
Rule 307.Reporter's Fees.
Failure to pay the reporter's fees, required by Gov. Code Sec. 68086, may constitute a waiver of the reporter in the same manner that a jury may be waived pursuant to CCP Sec. 631.
(Amended, effective 7/1/93)
Rule 308.Default Action on Note or Contract.
The following attorney's fees, exclusive of costs, shall be awarded under normal circumstances in an action on a promissory note or contract which provides for the payment of counsel fees:
(a)20% of the first $5,000, with a minimum fee of $150.00;
(b)15% of the next $10,000;
(c)10% of the next $35,000;
(d)5% of the amount over $50,000.
In any action upon a promissory note or contract providing for counsel fees, the clerk shall include in the judgment counsel fees in accordance with this schedule (principal and interest) not to exceed the amount prayed for.
