Litigating Fee Issues

This section of the CDRC’s web site is open to all for the purpose of providing support and guidance on litigation of fee issues in criminal cases. Fee issues include not only the amount paid to assigned counsel, but fees for investigators and expert witnesses.

The CDRC maintains and distributes litigation support documents, including the following:

• Time Tracking document
• Sample motion for attorney fees and expenses
• Sample motion for a reasonable fee following voucher reduction
• Sample motion for appointment of investigator
• Sample motion for appointment of expert witness (rape trauma expert)
• Pleadings and court orders in Davis, litigated by Bay City's Ken Malkin
  • Motion for Reconsideration on Application For Leave to Appeal, August 1, 2007
  • Supreme Court Order, December 5, 2007
  • Order for Expert - February, 2008
• Federal Constitutional underpinnings for claims (Defender Habeas Book, 2007, section 1-4-k-iii)

Specific fee litigation and systemic challenges to Michigan’s public defense system are listed in the CDRC’s public defense resources page, www.sado.org/publicdefense/. In most cases, pleadings also are available for these cases.

A brief bank, Defender Trial Book, Defender Motions Book, and listserv also are available for subscribers to the CDRC’s web services.

Litigation Support

The Criminal Defense Attorneys of Michigan (CDAM) has a Task Force on Fees that can provide support to attorneys who are litigating fee issues. See www.cdam.net.

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State Appellate Defender Office
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