1. A. In every case in which the defendant is subject to the death penalty and an attorney or attorneys other than an attorney or attorneys employed by the Indigent Defense System are appointed to provide representation, an application for compensation shall be accompanied by an affidavit of each appointed attorney, detailing the hours spent on the case and the services rendered. The application shall also state if any amount awarded by the Executive Director shall be the sole source of compensation for the services provided. If other sources of compensation are also used, the other sources of compensation and amounts shall be specified in the application. Except as provided in subsection B of this section, total compensation for non-System attorneys who serve as lead counsel in capital cases shall not exceed Twenty Thousand Dollars ($20,000.00) per case. Total compensation for a non-System attorney who is co-counsel with a System or non-System attorney in a capital case shall not exceed Five Thousand Dollars ($5,000.00) per case.
2. B. The maximum statutory fee established in this section may be exceeded only upon a determination made by the Executive Director and approved by the Board that the case is an exceptional one which requires an extraordinary amount of time to litigate, and that the request for extraordinary attorney fees is reasonable.

Added by Laws 1991, c. 238, § 14, eff. July 1, 1991; Amended by Laws 1992, HB 1364, c. 303, § 10, emerg. eff. July 1, 1992; Amended by Laws 1992, HB 1601, c. 357, § 6, emerg. eff. July 1, 1992; Amended by Laws 1998, c. 201, § 3, eff. May 11, 1998 (superseded document available).