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Guidelines For Appointed Counsel Compensation
(Revised 4/1/2008)

“Prima Facie Allowance” = the guidelines for barely adequate work. Less time may be given for less than adequate work.
“Ordinary Range” = the guidelines for most claims where work is of good quality.
Excellent work and an exceptionally complex case may result in an allowance greater than the “Ordinary Range.”

HOURS ITEMS

PRIMA FACIE ALLOWANCE

ORDINARY RANGE

1. COMMUNICATIONS WITH APPELLANT AND/OR TRIAL COUNSEL

Includes letters, calls, interviews. Consultation with CAP should be included in Item 21, below. When communication with the client involves a family member or other person as a translator or conduit for that communication, the time should be claimed under Item 1, here. All other communication (e.g., with the Court, co-counsel, opposing counsel and with family when necessary, etc.) should be listed under 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

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 35(e) letters in Item 5, below. Check local rules.

0.5 hours

1.5 hours

5. OTHER MOTIONS

reasonable time

6. OPENING BRIEF

Usually 1.0 hour is recommended for preparation of a Wende brief in addition to compensation for the Statement of the Case and Facts. Factors considered in evaluating the complexity level of an issue include: (a) whether the issue involves legal or factual complexities, novel or unsettled law, or conceptual intricacies; (b) the number of necessary cited authorities; (c) the length of the argument; (d) the level of complexity the respondent and/or Court found in the issue.	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	< 4.0 hours
	Simple	2.5 hours	4.0 hours
	Simple to Average	> 2.5 to < 5.5 hours	> 4.0 to < 8.0 hours
	Average	5.5 hours	8.0 hours
	Average to Complex	> 5.5 to < 9.0 hours	> 8.0 to < 13.5 hours
	Complex	9.0 hours	13.5 hours

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

9. SUPPLEMENTAL BRIEF

Include letter briefs.

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. Include review of co-appellants' briefs in Item 22, 23, or 24, below.

After substantive brief

After Wende brief

1.0 hours

0.0 hours

2.5 hours

0.0 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 California 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

15. PETITION: READ RESPONSE

reasonable time

16. PETITION: REPLY TO RESPONSE

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

After Wende brief

1.0 hours

0.2 hours

1.5 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

On "independent" case

1.0 hours

0.5 hours

4.0 hours

2.0 hours

22. ADMINISTRATIVE TASKS

Cases appointed after 10/1/04. Compensated on the final claim only.

1.0 hours

23. OTHER COMMUNICATION

Includes all communications (including with the Court, co-counsel, opposing counsel and with family when necessary, etc.) other than what is listed in Item 1, above. Only communication time that is itemized, explained and deemed reasonable will be compensated.

reasonable time

24. OTHER SERVICES

Itemization is required.

reasonable time

EXPENSE ITEMS

STANDARDS

1. PHOTOCOPY

Do not include time spent or cost of copying cases or statues (including in-house, through a computer service, or at a library). 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.

actual cost, up to $0.10 per page

2. BRIEF BINDING, ETC.

actual cost, if reasonable; bind court copies only

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.

actual necessary expenditures, with the following limitations:

- up to $.31 per mile for use of personal car prior to 1/1/02; up to $.34/mile after 1/1/02; up to $.445/mile after 7/1/06; up to $.485/mile after 1/1/07 (the 25-mile minimum does not apply)

- up to $110 + tax per evening for lodging (or $140 in Alameda, San Francisco, San Mateo, and Santa Clara counties after 1/1/02)

- up to $6.00 for breakfast (if necessary to be on the road before 7:00 a.m.)

- up to $10.00 for lunch (If related to a necessary overnight stay)

- up to $18.00 for dinner (If necessary to be on the road after 7:00 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 a basic fee plan (California and U.S. Supreme Court cases) and is supported by documentation. Include explanation of need. Do not include regular monthly fees for on-line computer research service.

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. Check with the project. 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, courts 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. Check with the project.

reasonable cost