2009 Session

Budget Amendments - SB850 (Committee Approved)

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Compensation for Counsel in Capital Cases (language only)

Item 40 #1s

Item 40 #1s

Judicial Department
Circuit Courts

Page 25, following line 52, insert:
"4. Notwithstanding the provisions of Section 19.2-163, Code of Virginia, the amount of compensation allowed to counsel appointed by the court to defend a felony charge that may be punishable by death shall be calculated on an hourly basis at a rate set by the Supreme Court of Virginia."

(This amendment authorizes the Supreme Court of Virginia to set the hourly rates for compensation of court appointed counsel in cases involving felonies that may be punishable by death. Current language in the Code authorizes the Circuit Court judge to set the fee. It is the intention of the Supreme Court to cap these fees at $200 per hour in-court and $150 per hour out-of-court.)