SUPPLEMENT TO INTERIM PLAN OF ALL COUNTIES IN TEXAS RELATING TO THE APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS UNDER THE TEXAS FAIR DEFENSE ACT.
This supplement is effective as of January 1, 2007.
All felonies other than death penalty capitals is $50 per hour with a cap of $2,500.
Death penalty capitals is $100 per hour with a cap of $15,000.
For trial services, counsel may elect to be compensated on a fixed or flat fee. The fixed or flat fee for all felonies, including motions to revoke probation, and for juvenile adjudications and dispositions, is $400.
For juvenile detention hearings, the flat fee is $200 for the initial detention hearing and an additional $50 if counsel has contact with the juvenile prior to the day of the detention hearing. The flat fee for subsequent detention hearings is $150 for each hearing.
The fixed or flat fee for all misdemeanors is $300.
Alternatively for trial services, counsel may elect to be compensated on an hourly basis. The hourly rate for all felonies and juvenile adjudications and dispositions, with the exception of death penalty capital cases, is $75 per hour for time in court and $50 per hour for time out of court.
The hourly rate for death penalty capital cases for first chair is $100 per hour for time in court and $80 per hour for time out of court.
The hourly rate for death penalty capital cases for second chair is $75 per hour for time in court other than trial, $75 per hour for time out of court, and $90 per hour for time in court for trial.
Vouchers are to be submitted in ¼ hour increments and signed by the attorney.
The court may make an exception to the above hourly rates upon a showing that the rate would be unfair in a given case.
All other terms of the indigent defense plan made effective January 1, 2002, remain unchanged.