Section 6 - Compensation for assigned counsel and reimbursement for expenses(a) Compensation for services of counsel assigned by court, and not under contract with the Defender General, shall be based on an hourly rate of one hundred dollars ($100.00) per hour. In the trial courts where a misdemeanor is charged, or more than one misdemeanor arising out of a single incident is charged, the maximum compensation shall not exceed a limit of one thousand ($1,000.00). Where a major felony, not involving imprisonment for life or the death penalty is charged, or more than one major felony arising out of a single incident is charged, or for proceedings to terminate parental rights in juvenile court, compensation shall not exceed a limit of five thousand dollars ($5,000.00). For felonies involving possible life imprisonment or death penalty, compensation shall not exceed a limit of twenty-five thousand dollars ($25,000.00). For minor felonies or juvenile matters compensation shall not exceed a limit of two thousand dollars ($2,000.00). In all other proceedings the same hourly rate shall apply and the maximum amount shall not exceed a limit of the amount prescribed for misdemeanors. Compensation for assigned representation in the Supreme Court shall not exceed a limit of two thousand dollars ($2,000.00) in all appeals. For purposes of the specified maximum, major felonies include assault and robbery, larceny from a person, aggravated assault, first degree domestic violence, lewd and lascivious conduct, lewd and lascivious conduct with a child, manslaughter, sexual assault, careless and negligent operation with death resulting, leaving the scene of a fatal accident, driving under the influence with death resulting, and any drug offense with a maximum prison term of five years or more. Minor felonies include all others not involving imprisonment for life or the death penalty.
(b) Assigned counsel shall be reimbursed in full for any actual and necessary expenses of representation when the services provided are not reasonably available through state facilities. Prior written approval must be obtained from the Assigned Counsel Coordinator before incurring any expenses for services provided by other than assigned counsel. Direct payment for such services can only be obtained by submitting to the Defender General the Assigned Counsel Coordinator's written approval and the provider's statement, which shall include the defendant's name, the docket number of the case and the assigned counsel's signature acknowledging receipt of the services. Case-related expenses incurred by assigned counsel shall be submitted to the Assigned Counsel Coordinator on the debenture form prescribed by the Defender General. Expenses shall be reimbursed in full if approved as reasonable by the Assigned Counsel Coordinator. (c) An attorney assigned by the court, and not under contract with she Defender General, shall keep a record of the hours spent, both in and out of court, while working on the assigned case. At the conclusion of the proceedings, the attorney shall submit a claim for compensation to the Defender General on the assigned counsel debenture form prescribed by the Defender General. Compensation shall be reimbursed in full if approved as reasonable by the Assigned Counsel Coordinator. (d) The Assigned Counsel Coordinator may, in extraordinary circumstances, allow: (1) partial payment for compensation and other expenses necessary to proper representation; or (2) payment of compensation to assigned counsel, not under contract with the Defender General, in excess of the limits prescribed in § 6(a) above. Written applications for excess compensation made to the Assigned Counsel Coordinator must be presented before excess charges are incurred or payment shall be deemed to have been waived. In extraordinary circumstances the Assigned Counsel Coordinator may allow payment in excess of the limits prescribed in § 6(a) above, but must approve in writing the request for excess compensation and set the new maximum amount of compensation to be allowed.
(e) All claims for compensation and reimbursement for expenses incurred as assigned counsel shall be submitted to the Defender General not later than three months from the conclusion of the case in the concerned court or payment shall be refused. Vt. Admin. Ord. Of. Sup. Ct. 6
Amended May 19, 1982, eff. 7/1/1982; 3/20/1984, eff. 5/1/1984; 1/14/1986, eff. 4/1/1986; 6/25/1992, eff. 7/1/1992; 11/30/1993; amended July 13, 2023 eff. 7/1/2023.Reporter's Notes-2023 Amendment
Administrative Order 4, § 6(a) is amended to increase the hourly compensation for assigned counsel. Pursuant to 13 V.S.A. § 5205(a), the Supreme Court sets "reasonable rates of compensation" for assigned counsel. The compensation of $50 per hour was established in 1993 and has not been increased. Both the Vermont Bar Association and the Office of the Defender General support an increase in compensation.