Current through 2024-50, December 11, 2024
Section 649-301-4 - PRESUMPTIVE REVIEW1. Vouchers submitted for amounts in excess of the applicable trigger for presumptive review will be considered for payment after review by the Executive Director or designee. Vouchers submitted in excess of the trigger for presumptive review must be accompanied by an explanation of the time spent on the matter. The explanation shall be set forth in the notes section of a voucher or invoice.2.Trial Court Criminal FeesA. Triggers for presumptive review, excluding any itemized expenses, are set in accordance with this subsection. Counsel must provide PDS with written justification for any voucher that exceeds the trigger limit.(1)Murder. All murder cases shall trigger presumptive review.(3)Class B and C (against person). $7,500(4)Class B and C (against property). $4,700(7)Post-Conviction Review. $5,600(8)Probation Revocation. $2,800(9)Miscellaneous (i.e., witness representation on 5th Amendment grounds, etc.). $1,900(11)Bindover. applicable criminal class triggerB. In cases involving multiple counts against a single defendant, the triggering fee shall be that which applies to the count assigned with the highest class. In cases where a defendant is charged with multiple unrelated offenses, Counsel shall coordinate and consolidate services as much as possible.C. Criminal and juvenile cases will include all proceedings through a terminal case event as defined in Section 6, below. Any subsequent proceedings, such as probation revocations, will require new application and appointment.E. Upon written request to PDS, a second Counsel may be assigned in a murder or other complicated case, to provide for mentorship, or for other good cause at the discretion of the Executive Director:(1) the duties of each Counsel must be clearly and specifically defined, and Counsel must avoid unnecessary duplication of effort;(2) each Counsel must submit a voucher to PDS. Counsel should coordinate the submission of vouchers so that they can be reviewed together.3.District Court Child ProtectionA. Triggering fees, excluding any itemized expenses, for Counsel in child protective cases are: (1)Child protective cases. $10,2004.Other District Court CivilA. Triggering fees in District Court civil actions, excluding any itemized expenses, are set in accordance with this subsection. Counsel must provide PDS with written justification for any voucher that exceeds the triggering fee. (1)Application for Involuntary Commitment. $1,900(2)Petition for Emancipation. $2,800(3)Petition for Modified Release Treatment. $1,900(4)Petition for Release or Discharge. $1,90094-649 C.M.R. ch. 301, § 4