Loading…
The court's policy under Local Rule 7.07 for counsel and experts appointed by the court: counsel for a defendant who cannot afford counsel appointed in the order the public defender, a contract conflict counsel firm, private counsel (Penal Code sections 987 and 987.05); private counsel and other service providers appointed by minute order or written order, their services ending upon imposition of judgment or an order granting probation unless otherwise stated in a writing executed before services commence; compensation by contract or by the hour, never above the hourly rates set by the court unless a judge determines in a written order that the rate is not reasonable under Penal Code section 987.3; a declaration filed before services above the amounts allowed are performed (Penal Code Section 987.9), boilerplate declarations deemed an admission of no merit; appellate and habeas corpus hours billed under the California Appointed Counsel Claims Manuals Guidelines for Appointed Counsel Compensation; invoices due no less than quarterly, on October 1st, January 1st, April 1st and July 1st, on the Appointed Counsel and Expert Invoice Coversheet (Local ADMIN3) and Invoice Form (Local ADMIN3A); payment reduced by 5% per month for late invoices at the court's option; and the fee schedule for indigent conflict defense (Appendix A): attorney fees of $125, $105, $95 and $85 per hour for Tier 1 to Tier 4 cases (juvenile case rates determined using the maximum exposure as if the minor was charged as an adult), investigators $50, psychological evaluations $125, expert witnesses $100, transcription $25, paralegals $35, interpreters and translators $45, and travel $85 per hour - actual travel time from west of the intersection of I-80 and State Highway 20 to the Truckee courthouse, or from a primary working location more than 25 miles away, billed once per day as a separate line item.
California > Third Appellate District > Nevada County > Superior Court of California, County of Nevada
APPOINTED COUNSEL AND EXPERT POLICY AND PROCEDURE PURPOSE To facilitate uniform procedures and expectations of counsel and experts appointed by the court, the following policies and procedures are adopted by the court. Pursuant to Local Rules 7.07, this policy is intended to provide guidelines for appointed counsel and facilitate a consistent process for the Nevada County Superior Court to review and the County of Nevada to make payments to appointed counsel and experts for services rendered. SCOPE The following policy document covers three areas: appointment, compensation scale, and payment of counsel and experts. Policies and procedures are described for both counsel and experts with contracts and those appointed pursuant to a special order of the Nevada County Superior Court. Specific policies relevant to contract and non-contract services are noted throughout. APPOINTMENT AND SERVICES OF COUNSEL AND EXPERTS I. APPOINTED COUNSEL In any case where a defendant cannot afford counsel as determined pursuant to Penal Code sections 987(a), (b) or (c), counsel shall be appointed in the following order: (1) the public defender; (2) contract conflict counsel firm, (3) private counsel. This order may be varied if appropriate under existing contracts, statutes, or case law, and all appointments are subject to Penal Code section 987.05. II. PRIVATE COUNSEL AND EXPERTS Appointment of private counsel, and other service providers shall be by minute order or written order signed as directed by the appointing judge. Services shall end upon imposition of judgment or rendering of an order granting probation unless otherwise stated in a writing executed before services commence. Additional services performed by private counsel that are reasonably related to the imposition of judgment or the granting of probation shall also be compensated. Compensation may be capped by the court subject to proof of additional need. III. PARALEGALS Paralegal services are distinguished from that of standard clerical work in that paralegals have responsibilities that include substantive legal work under the supervision or direction of an attorney. A paralegal must comply with all legal requirements imposed by the State of California in order to qualify for payment. COMPENSATION OF APPOINTED COUNSEL AND EXPERTS Private counsel may be compensated pursuant to contract or by the hour in the court's discretion, but in no event shall compensation exceed the hourly rates set by the court unless a judge determines in a written order that said rate is not reasonable under Penal Code section 987.3. The rates set by the court are subject to change. The current rates are listed in Appendix A. I. COMPENSATION ABOVE STANDARD RATES (PURSUANT TO PC 987.9) Subject to Penal Code Section 987.9, if appointed counsel seeks to receive compensation above and beyond the amounts allowed pursuant to this policy for services of others, counsel must file a declaration before any such services are performed justifying that such services are "necessary expenses" to enable counsel to render legally adequate defense services. Boilerplate declarations will be deemed an admission of no merit to the request. (See People v. Lucero (1981) 122 Cal.App.3d 484, 489-490.) Compensation for such services shall not be made absent a written declaration signed by the service provider detailing the services rendered and a written declaration by counsel that the services were necessary to render legally adequate representation. Expert witness, investigative, and paralegal services should not exceed the current hourly rate set by the court absent evidence and a judicial determination that such amount is unreasonable under the circumstances. II. COMPENSATION GUIDELINES FOR APPELLATE & HABEAS CORPUS APPOINTMENTS Private counsel appointed on appellate or habeas corpus matters shall be familiar with the California Appointed Counsel Claims Manuals Guidelines for Appointed Counsel Compensation, Appendix B in the 2025 Revision, and shall bill hours according to the guidelines set therein at the rate designated by the court. PAYMENT OF APPOINTED COUNSEL AND EXPERTS To facilitate timely payment and an effective review process, the court adopts the following payment policy. Unless otherwise specified by court order or contract, all payments must adhere to this policy. Attorneys contracted with the court are not included in this payment policy and must follow payment policies laid out in the relevant memorandum of understanding. I. INVOICING Attorneys and experts appointed by the court must bill the court for services rendered pursuant to this policy and the court's fee schedule. Invoices are due no less than quarterly for services rendered in the preceding three months on October 1st, January 1st, April 1st, and July 1st or the prior business day if the due date falls on a court holiday or weekend. Services are considered "rendered", and therefore must be invoiced, irrespective of whether a case and services pursuant thereto remain ongoing. Attorneys shall utilize the Appointed Counsel and Expert Invoice Coversheet (Local ADMIN3) and Invoice Form (Local ADMIN3A), included in the appendix of this policy. A PDF version of the form may also be found on the court's website under the Local Forms section. II. PAYMENT Upon receipt of the invoice, the court will review the invoice for completeness and accuracy. If discrepancies are found, the court may request a new invoice or may grant partial payment with an explanation to the attorney. Once approved, the court ordered invoices will be sent to the County of Nevada for payment on a no less than quarterly schedule. III. ENFORCEMENT To facilitate reliable budgeting for the County of Nevada, timely invoices are essential. The court has the option of reducing payment by 5% per month for late invoices in breach of the court's policy. APPENDIX A Fee Schedule: Indigent Conflict Defense Service Rate Attorney Fees – Tier 1 cases 1 $125 / hour Attorney Fees – Tier 2 cases 2 $105 / hour Attorney Fees – Tier 3 cases 3 $95 / hour Attorney Fees – Tier 4 cases 4 $85 / hour Juvenile Cases 5 Investigators $50 / hour Psychological Evaluations $125 / hour Expert Witnesses $100 / hour Transcription $25 / hour Paralegals $35 /hour Interpreters /Translators $45 / hour Travel Rate 6 $85 / hour Case Tier Definitions: 1 Tier 1: All crimes listed in 667(e)(2)(C)(iv), specifically: (I) A “sexually violent offense” as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code . (II) Oral copulation with a child who is under 14 years of age, and who is more than 10 years younger than he or she as defined by Section 288a , sodomy with another person who is under 14 years of age and more than 10 years younger than he or she as defined by Section 286 , or sexual penetration with another person who is under 14 years of age, and who is more than 10 years younger than he or she, as defined by Section 289. (III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288. (IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5 , inclusive. (V) Solicitation to commit murder as defined in Section 653f. (VI) Assault with a machine gun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245. (VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418. (VIII) Any serious and/or violent felony offense punishable in California by life imprisonment or death. 2 Tier 2: All felonies as defined in Penal Code section 667.5 not listed in Tier 1; AND all other felonies carrying a maximum exposure of ten years or more; OR a combination of felonies, and/or combination of felonies and special allegations carrying a maximum exposure of ten years or more. 3 Tier 3: All felonies, including all violations of felony supervision, that are not described by Tiers 1 or 2; AND/OR any misdemeanor that requires registration as a sex offender. 4 Tier 4: All other cases not defined by Tiers 1, 2 or 3. 5 Juvenile case rates will be determined using the maximum exposure as if the minor was charged as an adult. 6 Actual travel time may be billed for any attorneys traveling from the west of the intersection of I-80 and State Highway 20 to the Truckee courthouse for in-person appearances. Actual travel time may only be billed once per day and at a rate of $85 per hour. Notwithstanding the foregoing, an attorney whose primary working location is more than 25 miles away from the courthouse where in person services are provided may bill for actual travel time incurred, from their primary working location, once per day at a rate of $85 per hour. When invoicing for travel time, travel must be listed as a separate line item on a per-day basis and cannot be billed partially for multiple cases.
APPOINTED COUNSEL AND EXPERT POLICY AND PROCEDURE PURPOSE To facilitate uniform procedures and expectations of counsel and experts appointed by the court, the following policies and procedures are adopted by the court. Pursuant to Local Rules 7.07, this policy is intended to provide guidelines for appointed counsel and facilitate a consistent process for the Nevada County Superior Court to review
Reviewer note: Composed 2026-10-11 (California T4 Nevada build 2026-10-11) from BenchPath custody ca/t4/ca-nevada/docs/general/appointed-counsel-and-expert-policy-and-procedure-ada-version.pdf (185660 bytes, sha256 42ef81690519bbbdee2188a979865cb3f09ccc81b7ed167b2925267d00bb3c9d; 8 pages; a printed text layer) with the shared verbatim composer (v2 reflow): PDF pages 1 to 5 of 8 - the policy and Appendix A, its fee schedule (pages 6 to 8 are the local forms ADMIN3 and ADMIN3A, which the Local Forms page lists and the catalog holds); no running header, footer or page number; 21 whitespace-only fixes (build/doc-fixes.json: the title, printed on two lines, set as one; Appendix A's header row and each of its eleven services with its rate, and the line “Case Tier Definitions:”, each set on its own line; the table's six footnote marks, which the composer joins to the word before them, set apart by a space; the Tier 1 definition's items (II) and (VIII) set on their own lines); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass.
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.