Summary
In Baker v. Arkansas Department of Human Services, 340 Ark. 408, 12 S.W.3d 200 (2000), the supreme court approved $55.00 per hour as the rate of compensation for appointed attorneys performing appellate work in parental-termination cases.
Summary of this case from Walters v. Arkansas Dept. of Human ServicesOpinion
99-526
Opinion delivered February 17, 2000
1. ATTORNEY CLIENT — ATTORNEY'S FEES — MOTION FOR GRANTED. — Appellant's appointed counsel in a termination of parental rights case was found to be entitled to payment of court costs and attorney's fees for sixty-seven hours of services rendered that were essential to the pursuit of the appeal; the rate of compensation was set at $55 per hour, which was within the range of payment established by the chancery court for appointed counsel in these types of cases.
2. ATTORNEY CLIENT — PAYMENT OF FEES — MATTER REMANDED TO CHANCERY COURT. — Because the supreme court had no funds from which to pay the fees awarded, the matter was remanded to the chancery court for payment of fees and costs from the Juvenile Court Representation Fund, established in Ark. Code Ann. § 9-27-316 (Supp. 1999), which provides for the payment of attorney's fees and costs pursuant to an appointment to represent an indigent parent in cases where termination of parental rights is sought.
Motion for Attorney's Fees; case remanded to chancery court for payment of fees and costs.
Blackmon-Solis Moak, L.L.P., by: DeeNita Moak, for appellant.
No response, for appellee.
On July 8, 1998, attorney DeeNita Moak was appointed by the chancery court to represent Appellant Nakia Baker in a termination of parental rights case. The order of appointment specifically required Ms. Moak to represent Appellant through all stages of the proceedings, including the appeal. Appellant's parental rights were ultimately terminated, and that decision was affirmed by this court in Baker v. Ark. Dep't Human Servs., 340 Ark. 42, 8 S.W.3d 499 (1999). During the pendency of this appeal, Ms. Moak filed a motion for attorney's fees with the chancery court. The chancery court granted her fees for work performed at the trial level, but denied fees for any appellate work performed. Ms. Moak subsequently filed a motion for attorney's fees with this court.
After considering Ms. Moak's motion and supporting affidavit, we hold that Ms. Moak is entitled to payment of attorney's fees for sixty-seven hours of services rendered in connection with this appeal. The number of hours represent the time expended on services essential to the pursuit of this appeal. Such a determination is consistent with the manner we use in awarding reasonable attorney's fees in criminal appellate cases. Because the funds established to pay attorneys for appellate representation are limited, we are required to closely scrutinize the services performed and order payment for only those services that are essential to the appellate process. The rate of compensation is to be $55.00 per hour, which is within the range of payment established by the chancery court for appointed counsel in these types of cases. Furthermore, we hold that Ms. Moak is entitled to reimbursement of $842.49 in costs incurred as a result of her work on this appeal.
Because this court has no funds from which to pay these fees, we remand the matter to the chancery court for payment of fees and costs from the Juvenile Court Representation Fund established in Ark. Code Ann. § 9-27-316 (Supp. 1999). The Fund provides for the payment of attorney's fees and costs pursuant to an appointment to represent an indigent parent in cases where termination of parental rights is sought. We realize that the statute does not specifically authorize payment for appellate representation, but it also does not exclude such payment. Absent any other provisions, we deem the Juvenile Court Representation Fund to be the proper source of payment for these attorney's fees. If this was not the intention of the General Assembly, we invite it to consider an alternative in the next legislative session.
Accordingly, we order the chancery court to pay Ms. Moak attorney's fees in the amount of $3,685.00 and costs of $842.49 from the Juvenile Court Representation Fund. In the event there are insufficient monies in that fund, then Ms. Moak may seek compensation from the Arkansas Claims Commission.