- (1) The Division of Finance shall pay reasonable attorney's fees for appointed counsel up to the maximum rate of $125 per billable hour not to exceed a total amount on $60,000, except as provided in the subsection (2).
(2) The Division of Finance shall pay amounts exceeding the total amount if:
- (a) before services were performed, appointed counsel files a request with the court to exceed the total amount allowed by subsection (1);
- (b) appointed counsel serves the request upon the Division of Finance before or on the date of filing the request with the court;
- (c) the Division of Finance is allowed to respond to the request; and
- (d) the court determines there is sufficient cause to exceed the amount in accordance with Section 78B-9-202.
KEY: attorney's, fees, capital punishment, post-conviction
Date of Last Change: August 19, 2008
Notice of Continuation: March 10, 2026
Authorizing, and Implemented or Interpreted Law: 78B-9-202