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Trial Assigned Counsel Fees by Circuit

 

 

Circuit

Basis

Fee Set

Rate

Expenses

Comments

1st Hillsdale

Contract with 3 firms

1998

Firm #1 (40%): $31,200
Firm #2 (40%): $31,200
Firm #3 (20%): $13,200

Additional for expert witnesses, transcripts, subpoena and witness fees, costs of venue change, upon application.

More than 8 hours on life offense: $65/hr.
 
 
 

2nd Berrien

Contract with 11 attnys.

1998

Felonies, misdemeanors, paternity, non-support: $420,000
Drug cases: $72,000
Juveniles: $74,500

3rd Wayne

Event, scaled to max. sentence exposure

1994

Prelim.: $90 - $190
Arraignmt.: $40 - $90
Invest./prep.: $110 - $250
Plea: $110 - $250
Motion: $60 - $130
Evid. Hrg.: $80 or $160
Cal. conf.: $50
Final conf.: $40 - $90
Trial, half-day: $90 - $190
Trial, full-day: $180 - $380
Sentencing: $60 - $130

Additional for experts: $300 (interview and eval.); $150 court appearance
Jail visits: $50, max. of 2 visits in capital case
Show-ups: $50/hr

New rules on assignments (AO 1998-7).
Limits placed on number of assignments per attorney; judges not to assign relatives.

4th Jackson

Contract/Event with 6 firms (10 attnys)

1997-98, two-year

Formula divides case assignments, each firm to get percentage of murder, capital, non-capital and miscellaneous

Additional for transcripts, witness fees, mileage, service, polygraph, psychiatric exams, with court approval

Includes paternity determination, FOC contempt, PPO defense.
Firms receive monthly draw (total of $27,500 for 5 firms), to be applied against fees earned. Receive additional over draw upon court approval; refund excess at contract end.

4th Jackson
continued

Event fees increase in 1998
Capital case: $805
Non-capital: $380
Trial fee: $205
Paternity, prob. Violation, juvenile review hearing, habeas corpus: $170
PPO violation: $250
FOC nonsupport: $160

Additional for mileage
Travel outside county to interview defendant or witness, with approval: $115

Premium for prison cases: $175
Interloc. appeal by pros.: $620
Interloc. appeal by def.: $335
Oral arg.. on interloc.: $205
Additional for successful defense motion resulting in dismissal: $205.
No additional for habitual offender.

5th Barry

Contract with attny. group

1998

Approx. $7440/yr for each of 9 attnys. on list for serious cases; $3720/yr for each of 5 attnys. on less-serious list. Covers misdemeanors, felonies, non-support, paternity, probation viol.

Ordinary office expenses included; additional for experts, with court approval.

List rotates with cases carrying points according to offense type, administrator balances points among attorneys to equalize annually. Time actually spent on case does not change points allocated.

6th Oakland

Event

1997

Felony disp. no prelim., less than life: $410
Felony disp. w/prelim., less than life: $500
Felony with life max.: $710

Ordinary office expenses included; additional for experts, with court approval.

No additional fee for motions, pretrials, adjournments.

Day of trial, less than life: $250
Day of trial, life max.: $360

One-half the normal fee for subsequent case of same defendant.

Jail visit, less than life (one only): $65
Jail visit, life max. (up to 6): $65

Lineups: $75
Probation violation: $100
Polygraph: $100
Extradition: $100
District Ct. Remand: $180
PPO Violation: $100

Day of hearing, less than life: $250
Day of hearing, life max.: $360

No extraordinary fees on non-capital cases. No more than twice the schedule on capital cases.

7th Genesee
 
 
 
7th Genesee
continued

Event

1994

AOI, written brief, or sentencing: $100
Guilty plea pre-trial: $200
Guilty plea day of trial: $50
Hearing on motion: $75
Brief authorized by judge: $100
Trial prep.: $200

Additional for "extraordinary services," with court approval

Approx. 90 attorneys on list.
No max. fee per case.
 

Trial on cap. case: $300/day
Trial on others: $250/day
Jail visit: $50

8th Ionia
Montcalm

Hourly

1994

Inmate cases: $65/hr.
Non-inmate cases: $60/hr

Additional, with court approval

9th Kalamazoo

Event/ hourly contracts with four groups

1998

Contracts with attorney groups divided by offense penalty (felony over 5 yrs., felony under 5 yrs., probation violation and paternity).

Over 5 yrs.: $648 base, plus $505 for life offense, plus $357 for murder. $390 for full day of trial; $195 half day. $299 for district court disposition.

Additional $39 per case for investigation. Additional "reasonable expenses" for medical and legal records, filing fees, copying of police reports, expert witness exams and testimony fees. Additional for special expenses (deps, special investigators)

$150 for representing witness claiming Fifth Amendment.
Attorneys pay postage and photocopying (other than police reports).
No additional for evidentiary hearings.
15 attorneys in group.

 

Under 5 yrs: $353 base, plus $282 for full day of trial; $141 half day. $190 for district court disposition.

same

same
13 attorneys in two groups.

 
 

PV/paternity: $198 each case; $113 each pv. involving only sentencing.

$22 each case assigned for investigative services.

4 attorneys in group.

10th Saginaw

Hourly

Life offenses: $40-50/hr. outside court; $60/hr. in court; $500 per trial day; $250 per half-day.

Additional for office expenses (postage, copying, etc.); experts with court approval

Non-life offenses: $35/hr.; $350 per trial day; $175 per half-day.

same

11th
Alger
Luce
Schoolcraft

Hourly

Approx. 1988

$40/hr.

Additional for mileage, phone, copying, experts, with court approval

Approx. 8 attorneys on list.

12th
Baraga
Houghton
Keweenaw

Hourly

$45/hr.

4 attorneys on list.

13th
Antrim
Grand Traverse
Leelanau

Event & Hourly

1998

Interview and prep.: $200
Prelim. waived: $50
Prelim. held: $100
Pre-trial conf.: $50
Hearing on motion: $100
Lineup: $50

Additional, upon approval, for records, witness fees, photocopying and photos, filing and service fees

$30/hr. for interlocutory appeal
Case definition includes habitual offender and felony firearm.
12 attorneys on list.

Plea: $150
First day of trial: $500
Each subseq. day: $150
Sentencing: $100

FOC show cause/patern./prob. viol.: $200

Capital cases at $50/hr.

14th Muskegon

Contract with 4 attnys.

1997

Total contract of $401,300, divided 4 ways ($193,000, $92,500, $92,500, $23,300)

Office expenses included.
Additional for subpoenas, witness fees.
Additional for experts with approval of chief attorney on contract.

Contract covers felonies, contempt.
Conflicts attnys. paid $40/hour, paid from county's miscellaneous contingency fund (up to $40,000).

15th Branch

Contract with 2 attnys.

1997-98 (2-year)

In 1997, $50,000/year to each; in 1998, $48,000/year to each.
Covers felonies, misdemeanors, lineups, interrogations, extradition, probation violations, paternity; excludes appeals, non-support, inmate cases.

Additional for "all necessary expenses" including witness fees, transcripts, mileage, copying, phone. Additional in life offenses, when hours over 15, at hourly rate of $50, with court approval.

16th Macomb

Event

1993

Invest. and prep.: $100
Prelim. waiver: $50
Prelim. full day: $150
Prelim. half day: $100
Plea or dismissal: $100
AOI: $50
Pretrial conf.: $75
Motion prep.: $100
Motion arg:. $75
Evid. hearing: $100

Additional for investigator or expert with court approval.

Hourly for extradition and misc.: $25/hr.
Paternity trial: $100 half-day, $200 full-day.

Guilty plea circ. ct.: $250
Trial in cap. case: $450/day
Trial other cases: $300/day
Sentencing: $100
Prob. viol.: $75

17th Kent

Contracts with Public Defender and private attnys.

1998

PD Office (15 attnys.) handles 60% of cases, up to 2,500 non-murder and 10 murder, for $1,355,150.
Prob viol: $100
Additional over 2,500 cases: $534.06 for non-murder case, $2,000 for murder case.

Additional for expert witnesses, transcripts, with court approval.

Approx. 40 attorneys holding annual contracts.

Private attnys. contract for up to 50 cases each at $510 per case. Lineup: $100

Additional for investigation, expert witnesses, extra fees, with court approval.

18th Bay

Public Defender Office

1998

Conflicts cases pay $40-50/hr.
14 attorneys on conflicts list.

19th Benzie
 
Manistee

Contract with 4 attnys.
Contract with 6 attnys.

1998
 
1998

Approx. $465 per felony.

Additional for long dist. phone, mileage, transcripts, other "out of pocket."

Includes felonies, paternity, FOC contempt, PPOs, juvenile delinquency and abuse or neglect, probation violation.
Additional "reasonable" payment for interlocutory appeal.
Additional for trials exceeding one week, with court approval.

20th Ottawa

Hourly

1994

Ranges from $50 - $70/hr., depending on attny.

16 attorneys on list.

21st
Isabella

Contract with 6 attorneys.

1997-98

$250,000 per year.

Additional for police reports, med. records, experts, deps., invest., med. tests, transcripts, mileage, filing, witness and service fees, with court approval.

Contract cap of 1,250 cases annually; $200 per case over cap. Includes mental commitments and local speaking engagements.

22nd Washtenaw

Public Defender Office. (13 attnys.)
Event

1998

PD has budget.
Fee schedule for conflicts attnys.
Plea without prelim.: $750
Plea with prelim.: $900
Trial up to 3 days: $3000
Trial days after 3: $450/day.

Reasonable and actual expenses over caps up to $100; no travel time. Includes actual expenses for out-of-county visits.

45 attorneys on Class I conflicts list.

23rd
Iosco

Contracts with 3 attnys.

1997-98

$22,408 each

Additional, with court approval.

Includes probation violations, paternity and contempt actions, all district court, lineups.
$2,000 premium for murder case.

Oscoda

Hourly

1998

$45/hr.

Additional for reasonable costs.

4 attorneys on assignment list.

24th Sanilac

Hourly

Approx. 1991

$50/hr.

Included in hourly rate; additional for experts with court approval.

Approx. 13 attorneys on list.

25th Marquette

Hourly

1998

$40/hr.

Additional for mileage and other.

Premium of $75/hr. for prison cases.
26 attorneys on list (combined trial and appellate).

 

26th

Alcona

Alpena

Montmor.

Presque Isle

 

 

Public Defender Office (4 attnys.)

 

Event (for conflicts cases)

 

1998

 

 

1998

 

County-budgeted

 

 

Arraignment: $55

Pre-exam visit (one only): $50

Prelim. held: $150

Prelim. waived: $100

 

 

 

Compensate only for highest monetary event, if more than one on scheduled appearance.

Invest. & prep. for plea, capital: $250

Invest. & prep. for plea, non-capital: $150

Invest. & prep. for trial, capital: $500

Invest. & prep. for trial, non-capital: $350

Non-frivolous motion for new trial: $125

Written motion & argument: $75

Hearing: $75

Day of trial, capital: $225

Day of trial, non-capital: $150

Plea: $100

Sentencing: $75

27th

Newaygo

Oceana

Contract with 2 firms

1998

Firm #1 (50%): $36,360

Firm #2 (50%): $36,360

Includes paternity, nonsupport, juvenile abuse, neglect, delinquency, guardianships, mental health cases.

 

Firms to split unexpended "contingency fund" of $7,364.

28th

Missaukee

Hourly

1998

$45/hr.

Additional

5 attorneys on list.

 

Wexford

 

Contract with 3 attnys.

 

1998

 

$31,521 each, divide cases equally

 

Additional for long-distance phone, mileage, appeal transcripts.

 

May petition for more if trial or hearing exceeds one day.

Contract includes probation violations.

 

29th

Clinton

 

Hourly

 

1982

 

$50/hr.

 

Additional for phone, copying; experts with court approval.

 

 

19 attorneys on list.

Gratiot

Hourly

Approx. 1995

$50/hr.

Additional for phone, copying; experts with court approval

7 attorneys on list.

30th Ingham

Hourly and event

1998

Life offenses (not habituals): $60/hr. in and out of court, excluding arraignmt.

Long distance phone excluded; additional with court approval.

 

10 yrs life by event:

basic fee: $105 or $130

Prelim.: $110

Prelim. waived: $55

Dist. Ct. pre-trial: $35

Dist. Ct. plea: $110

Circ. Ct. pretrial: $40

Circ. Ct. pretrial & plea: $90

Pros. motion: $40

Trial: $165 full, $85 half-day

Sentencing: $60

 

Additional with court approval.

Extraordinary hours with court approval, max. of $35/hr.

Under 10 yrs. by event:

Basic fee: $75 or $105

Prelim.: $85

Prelim. waived: $40

Dist. Ct. pre-trial: $35

Dist. Ct. plea: $90

Circ. Ct. pretrial: $40

Circ. Ct. pretrial & plea: $80

Pros. motion: $40

Trial: $140 full, $70 half-day

Sentencing: $50

31st St. Clair

Hourly

1998

$69 per hour; reduced to $65 on 6-1-98

Additional with court approval.

36 attorneys on list.

32nd Gogebic

Ontonagon

 

Contract with 1 attny.

1998

$57,000 annual fee, covers district and circuit court excluding juv. delinquency, child neglect/abuse, appeals

Additional for witness and process fees. Investigator, deposition, transcript, medical and psych evals. only with court approval.

Overhead (including copying, postage) included in contract.

 

Attorney has duty to advise court of non-privileged financial info. of clients relating to indigency claim.

 

Costs of conflicts counsel offset against contract.

33rd Charlevoix

Contract with 4 attnys.

 

 

1998-00, (3-year)

$132,900 for 1998

$137,400 for 1999

$141,900 for 2000

Most included, but additional for expert witnesses, polygraph exams, psychiatric exams and investigation, upon approval. Additional for long distance phone.

Includes misdemeanants facing jail, appeals to circuit court, probation violations, youthful trainee act, paternity, family or contempt facing jail, extradition, remands from higher courts.

Consortium provides attny. for motion days, FOC show cause hearings.

 

Consortium pays conflict attnys. from contract.

34th

Arenac

Hourly

Approx. 1985

$45/hr.

Additional, with court approval.

 

Ogemaw

Contract with 5 attnys.

1997-98 (2-year)

Monthly payments from $2560 to $6824

Includes abuse and neglect, prob. viol., paternity, lineups. Excludes homicide cases. Courts each responsible to pay 31.3% (circuit); 42.3 %(district); 26.4% (probate).

 

Roscommon

Contract with 5 firms

1998-1999 (2-year)

3 firms at $2060/month;

2 firms at $1545/month

Includes paternity, probation violation, contempt. Additional over contract for "services rendered" on murder case.

35th Shiawassee

Hourly

Approx. 1995

$50/hour

Additional, with court approval.

 

Phone, postage and mileage excluded.

6-8 attnys. on list.

36th

Van Buren

Hourly by crime type

1996

Mand. Life: $65/hr./trial time

Base fee of $1,600

Pay at rate of crime originally charged.

Trial time added to base fee and preparation time.

Life, other mand., over 15 years: $55/hr./trial time

Base fee of $550

Lineups at $50/hr. where no continuing representation.

36th

Van Buren

continued

5 to 15 years: $50/hr./trial time

Base fee of $375

 

Felonies not leaving district court: $175 flat fee.

Under 5 years:

$45/hr./trial time

Base fee of $325

 

13 attnys. on 1998 list.

Prep. time all crimes: $175

37th Calhoun

Contracts with 12 attnys.

1996-99

6-attorney group does 750 cases/yr. for $17,625/month; 5 attorneys each do 200 cases/yr. for $4,700/month each; 1 attorney does 100 cases/yr. for $2350/month. Annual adjustment for under/overage based on $375 per case.

Additional for transcripts, witness fees, mileage for witnesses, service of process. Polygraphs, psych. exams for defendants, expert witnesses, upon court approval.

Attorneys absorb usual costs of maintaining a law office.

Contracts each cover felonies, paternity, probation violation, lineups.

 

 

In addition to per case payment, trial time paid at $450/day, $225/half-day.

38th Monroe

Hourly

1991

$52/hr.

Additional for fees, postage, copying.

 

Expert witnesses, investigators with court approval.

Approx. 40 attnys. on list

39th Lenawee

Contract with 3 attnys.

1998

$2,060/month for each attny.

Additional trial days over 2: $260/day, $130 half-day.

Additional for witness fees, long distance phone, mileage, transcripts.

List of 3 attnys. rotates in blind draw.

 

Contract covers felonies, prob. viol., extradition, contempt, paternity.

40th Lapeer

Event

1996

Base fee in felony: $175

Base fee in misd.: $125

Included for ordinary travel, phone; additional upon court approval.

No additional for motions heard during trial.

 

 

40th Lapeer

continued

Prelim: $150, plus $75 for each add'l. half day

Prelim. waived: $35

AOI: $35; waiver: $20

Contested motions: $100 for first half day; $75 each add'l. half day

Lineup: $100

Plea: $35 at arraign.; $50 other than at arraign.

Pre-trial (up to 3): $35

Trial on capital case: $500 first day, $150 each add'l. half day

Non-cap: $300/$100

Sentencing: $50

Probation arraign. and plea: $35 each; trial at $100 first half-day, $75 each add'l. half day.

Paternity hearings: $50/hr.; trial $300 first day, $100 each add'l. half day.

41st

Dickinson

Contract with 4 attnys.

1998

$11,759 each for 1998

Additional for investigators and experts only, upon application

No additional fees for substitutions. Judges to equalize work load.

Iron

Contract with 2 attnys.

 

1998

$9,455 each for 1998

same

Menominee

Contract with 4 attnys.

1998

$38,958 each for 1998

same

42nd Midland

Contract with 1 attny. operating "consortium" of attnys.

1997-00 (3-year)

Total 3-year contract of $595,000 for circuit court level; $160,000 for district court level.

In 1997, 66 prob. viol. and 326 felony defendants (total of 392). Approx. $100 per pv and $563 per felony defendant. 8 trials in 1997.

 

43rd Cass

Contract with 2 attorneys

1996-99

3-year

Monthly fee of $6,042, each

Additional for experts upon court approval.

Reserve fund of $50,000 for conflict assignments; split between contract attorneys if unused.

44th

Livingston

 

 

44th

Livingston

continued

Contracts with 3 attorneys

1998

1 attorney for 400 cases @ $540/case; 2 attorneys for 50 cases each @ $560/case.

Additional for experts, testing depositions, transcripts, travel. Office expenses included.

Contracts include misdemeanors, felonies, prob. viol., response to pros. circuit court appeals.

 

Additional for cases over contract limit: $180 each for prob. viol., $680 each for others.

45th St. Joseph

Contract with 10 attnys.

1997-99 (3-year)

$200,000 for each year; covers misdemeanors, felonies, probation or parole violations, paternity, juveniles.

 

 

Additional for after hours or weekend lineups or interrogations, remands from appellate courts, with approval of prosecutor and county administrator. Other expenses included in contract.

Contract attorneys serve on list which rotates weekly.

 

Attorneys charged with attempting to persuade clients to follow through with payback agreements (compensate county for attny. fees).

46th

Crawford

Kalkaska

Otsego

Contract with one firm

1997-98 (2-year)

Monthly fee of $24,167; covers felonies, juveniles, abuse & neglect, probation violation.

Court must approve subcontractors. Contract includes up to 10 appeals to circuit court.

47th Delta

Hourly

Approx. 1990

$40/hr.

Additional for expert witnesses, office expenses, with court approval.

48th Allegan

Hourly

1985

Primary attorney: $55/hr.

Other attnys: $47.50/hr.

Additional with court approval.

Separate contract covers juvenile cases.

49th Mecosta

Contract with 1 attny. (event-based)

1997

(1-yr)

Case resolved at dist. ct. level: $175 - $250

Case resolved at cir. ct. level: $300 $400

Trial first day: $450

Trial subseq. days: $350

Research & brief prep.: $70/hr.

Additional for witness fees, long distance phone, copying, postage, annual administrative costs, up to 6 jail visits.

Invest. and other services with court approval.

 

Hourly ($70) for prob. viol., paternity, contempt, etc.

 

Switch to hourly ($70) if case takes more than 4 days in trial or if max. is life.

Osceola

 

49th Osceola

continued

Contract with 1 firm, 1 add'l. attny.

1997

(1-yr)

$85,000 annual for 180 felony and paternity cases

Additional for evaluations, blood tests, copying, transportation, investigation, long distance phone, experts, with court approval.

Switch to additional hourly ($70) if capital case takes more than 10 hours work.

50th Chippewa

Public Defender Office (2 attorneys)

1997

Included in PD budget, additional for contract cases.

Conflicts cases pay $37.50/hr. for felonies; $50/hr. for prison cases.

6 attorneys on conflicts list, approx. 2 cases per month.

PD handles misdemeanors & felonies.

 

Mackinac

Hourly

1998

$40/hr.

Additional

6 attorneys on assignment list.

51st

Lake

Contract with 3 attnys.

1998

$2250/month for each attny.

Contract includes "office costs."

Contracts cover misdemeanors, prob. viol., juv. delinquency, neglect and abuse, felonies.

 

Mason

Contract with 1 attny., 1 firm.

1998

Misdemeanors: $20,040/yr.

Felonies: $27,000/yr. each to attny. & firm. Additional $250/day for each day of trial exceeding two.

Additional for out-of-pocket, such as long-distance phone (misdemeanors). Additional for experts, testing and diagnosis, with court approval; secretarial, investigative and office expenses excluded (felonies). Additional for transcripts and witness fees (felonies).

Contractors must reserve $1000 to pay conflicts attorneys.

52nd Huron

Hourly

1996 or 1997

$50/hr.

Additional for investigation and witnesses, with court approval

53rd Cheboygan

Hourly for capital cases

1994

$70/hr. for capital cases

Additional for witness fees, others upon petition.

Judge to determine if fees reasonable.

Includes probation violation.

5 attorneys on list.

 

 

53rd Cheboygan

continued

Event for non-capital cases

1994

AOW or 1st client conference: $70

Prelim. waived: $60

Prelim. held: $100

Dist. Ct. plea: $70

AOI: $70

Line-up: $70

Trial prep.: $100 or $150

Hearing w/testimony: $100

Day of trial: $120

Sentencing: $70

Probation viol.: $100

Cir. Ct. plea: $70

Post-trial motion: $70

54th Tuscola

Hourly

Approx. 1991

Out-of-court: $55/hr.

In-court: $75

Additional, with court approval.

55th

Clare

Gladwin

Event

Approx. 1997

Prep time if tried: $400

Trial: $300/day

Assaultive crimes: $400

Non-ass. crimes: $300

CSC: $425

Additional, with court approval

56th Eaton

Hourly

1978

All cases: $40/hr.

Additional

45 attnys. on 1997 list

57th Emmet

Contract with 4 attnys.

1996-98 (3-year)

$155,000 for 1996; $160,000 for 1997; $165,000 for 1997.

Covers felonies, misdemeanors, appeals to circuit court, prob. viol., paternity, contempt, lineups, showups, interrogation, extradition.

Additional for witness fees, polygraphs, psych. exams, investigator, photos, exhibits, phone, with court approval. Additional (without motion) for postage, transportation to some jails.

Conflicts attny. costs offset against contract.

Consortium agrees to provide "sufficient hours of attorneys' work to perform the professional services required by this contract," with time records provided to county.