2007 Session

Budget Amendments - SB750 (Member Request)

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Chief Patron: Governor Kaine
Court-Appointed Counsel Fees (language only)

Item 25 #3g

Item 25 #3g

Judicial Department
Supreme Court
Supreme Court FY2007 0.00 FY2008 3.00 FTE

Page 20, line 37, after "C.", insert "1."
Page 20, line 46, after "Secretary.", strike the rest of the line.
Page 20, strike line 47.
Page 20, line 48, strike "electronic voucher."
Page 20, line 51, after "waivers.", insert:
"Out of this amount, the Executive Secretary may use up to $150,000 to hire additional personnel to assist in the processing of the waiver requests."
Page 21, after line 3, insert:
"2.  In the event that counsel for a defendant who is convicted receives a waiver of the limitations on compensation, the court shall assess against the defendant, as a part of the costs of prosecution, an amount equal to the compensation limit specified in § 19.2-163, Code of Virginia, for each charge for which the defendant was convicted.  If collected, such amount shall be paid to the Commonwealth."

(This amendment makes several changes and clarifications in the language authorizing the Executive Secretary of the Supreme Court to waive the limit on compensation of court-appointed counsel. Because the Supreme Court will not be able to process electronic vouchers until 2008, the amendment eliminates the requirement for court appointed counsel to submit waiver request vouchers via electronic voucher. To handle the additional workload that would be created by the receipt of waiver requests, the amendment authorizes the Executive Secretary to use up to $150,000 of the amount provided for waiver costs to hire additional staff to process the waiver requests. Present statute requires convicted defendants to reimburse the Commonwealth for any costs incurred by the state for court-appointed attorneys, up to the limit set out in statute. This amendment continues this requirement for those convicted defendants whose counsel receives a waiver.)