TRIAL ASSIGNED COUNSEL FEES BY CIRCUIT

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Trial Assigned Counsel Fees by Circuit

Circuit	Basis	Fee Set	Rate	Expenses	Comments

1^st Hillsdale	Contract with 3 firms	1998	Firm #1 (40%): $31,200 Firm #2 (40%): $31,200 Firm #3 (20%): $13,200	Additional for expert witnesses, transcripts, subpoena and witness fees, costs of venue change, upon application.	More than 8 hours on life offense: $65/hr.

2^nd Berrien	Contract with 11 attnys.	1998	Felonies, misdemeanors, paternity, non-support: $420,000 Drug cases: $72,000 Juveniles: $74,500

3^rd Wayne	Event, scaled to max. sentence exposure	1994	Prelim.: $90 - $190 Arraignmt.: $40 - $90 Invest./prep.: $110 - $250 Plea: $110 - $250 Motion: $60 - $130 Evid. Hrg.: $80 or $160 Cal. conf.: $50 Final conf.: $40 - $90 Trial, half-day: $90 - $190 Trial, full-day: $180 - $380 Sentencing: $60 - $130	Additional for experts: $300 (interview and eval.); $150 court appearance Jail visits: $50, max. of 2 visits in capital case Show-ups: $50/hr	New rules on assignments (AO 1998-7). Limits placed on number of assignments per attorney; judges not to assign relatives.

4^th Jackson	Contract/Event with 6 firms (10 attnys)	1997-98, two-year	Formula divides case assignments, each firm to get percentage of murder, capital, non-capital and miscellaneous	Additional for transcripts, witness fees, mileage, service, polygraph, psychiatric exams, with court approval	Includes paternity determination, FOC contempt, PPO defense. Firms receive monthly draw (total of $27,500 for 5 firms), to be applied against fees earned. Receive additional over draw upon court approval; refund excess at contract end.
4^th Jackson continued			Event fees increase in 1998 Capital case: $805 Non-capital: $380 Trial fee: $205 Paternity, prob. Violation, juvenile review hearing, habeas corpus: $170 PPO violation: $250 FOC nonsupport: $160	Additional for mileage Travel outside county to interview defendant or witness, with approval: $115	Premium for prison cases: $175 Interloc. appeal by pros.: $620 Interloc. appeal by def.: $335 Oral arg.. on interloc.: $205 Additional for successful defense motion resulting in dismissal: $205. No additional for habitual offender.

5^th Barry	Contract with attny. group	1998	Approx. $7440/yr for each of 9 attnys. on list for serious cases; $3720/yr for each of 5 attnys. on less-serious list. Covers misdemeanors, felonies, non-support, paternity, probation viol.	Ordinary office expenses included; additional for experts, with court approval.	List rotates with cases carrying points according to offense type, administrator balances points among attorneys to equalize annually. Time actually spent on case does not change points allocated.

6^th Oakland	Event	1997	Felony disp. no prelim., less than life: $410 Felony disp. w/prelim., less than life: $500 Felony with life max.: $710	Ordinary office expenses included; additional for experts, with court approval.	No additional fee for motions, pretrials, adjournments.
			Day of trial, less than life: $250 Day of trial, life max.: $360		One-half the normal fee for subsequent case of same defendant.
			Jail visit, less than life (one only): $65 Jail visit, life max. (up to 6): $65		Lineups: $75 Probation violation: $100 Polygraph: $100 Extradition: $100 District Ct. Remand: $180 PPO Violation: $100
			Day of hearing, less than life: $250 Day of hearing, life max.: $360		No extraordinary fees on non-capital cases. No more than twice the schedule on capital cases.

7^th Genesee 7^th Genesee continued	Event	1994	AOI, written brief, or sentencing: $100 Guilty plea pre-trial: $200 Guilty plea day of trial: $50 Hearing on motion: $75 Brief authorized by judge: $100 Trial prep.: $200	Additional for "extraordinary services," with court approval	Approx. 90 attorneys on list. No max. fee per case.
			Trial on cap. case: $300/day Trial on others: $250/day Jail visit: $50

8th Ionia Montcalm	Hourly	1994	Inmate cases: $65/hr. Non-inmate cases: $60/hr	Additional, with court approval

9^th Kalamazoo	Event/ hourly contracts with four groups	1998	Contracts with attorney groups divided by offense penalty (felony over 5 yrs., felony under 5 yrs., probation violation and paternity).
			Over 5 yrs.: $648 base, plus $505 for life offense, plus $357 for murder. $390 for full day of trial; $195 half day. $299 for district court disposition.	Additional $39 per case for investigation. Additional "reasonable expenses" for medical and legal records, filing fees, copying of police reports, expert witness exams and testimony fees. Additional for special expenses (deps, special investigators)	$150 for representing witness claiming Fifth Amendment. Attorneys pay postage and photocopying (other than police reports). No additional for evidentiary hearings. 15 attorneys in group.
			Under 5 yrs: $353 base, plus $282 for full day of trial; $141 half day. $190 for district court disposition.	same	same 13 attorneys in two groups.
			PV/paternity: $198 each case; $113 each pv. involving only sentencing.	$22 each case assigned for investigative services.	4 attorneys in group.
10^th Saginaw	Hourly		Life offenses: $40-50/hr. outside court; $60/hr. in court; $500 per trial day; $250 per half-day.	Additional for office expenses (postage, copying, etc.); experts with court approval
			Non-life offenses: $35/hr.; $350 per trial day; $175 per half-day.	same
11^thAlger Luce Schoolcraft	Hourly	Approx. 1988	$40/hr.	Additional for mileage, phone, copying, experts, with court approval	Approx. 8 attorneys on list.

12^thBaraga Houghton Keweenaw	Hourly		$45/hr.		4 attorneys on list.

13^thAntrim Grand Traverse Leelanau	Event & Hourly	1998	Interview and prep.: $200 Prelim. waived: $50 Prelim. held: $100 Pre-trial conf.: $50 Hearing on motion: $100 Lineup: $50	Additional, upon approval, for records, witness fees, photocopying and photos, filing and service fees	$30/hr. for interlocutory appeal Case definition includes habitual offender and felony firearm. 12 attorneys on list.
			Plea: $150 First day of trial: $500 Each subseq. day: $150 Sentencing: $100
			FOC show cause/patern./prob. viol.: $200
			Capital cases at $50/hr.

14^th Muskegon	Contract with 4 attnys.	1997	Total contract of $401,300, divided 4 ways ($193,000, $92,500, $92,500, $23,300)	Office expenses included. Additional for subpoenas, witness fees. Additional for experts with approval of chief attorney on contract.	Contract covers felonies, contempt. Conflicts attnys. paid $40/hour, paid from county's miscellaneous contingency fund (up to $40,000).

15^th Branch	Contract with 2 attnys.	1997-98 (2-year)	In 1997, $50,000/year to each; in 1998, $48,000/year to each. Covers felonies, misdemeanors, lineups, interrogations, extradition, probation violations, paternity; excludes appeals, non-support, inmate cases.	Additional for "all necessary expenses" including witness fees, transcripts, mileage, copying, phone. Additional in life offenses, when hours over 15, at hourly rate of $50, with court approval.

16^th Macomb	Event	1993	Invest. and prep.: $100 Prelim. waiver: $50 Prelim. full day: $150 Prelim. half day: $100 Plea or dismissal: $100 AOI: $50 Pretrial conf.: $75 Motion prep.: $100 Motion arg:. $75 Evid. hearing: $100	Additional for investigator or expert with court approval.	Hourly for extradition and misc.: $25/hr. Paternity trial: $100 half-day, $200 full-day.
			Guilty plea circ. ct.: $250 Trial in cap. case: $450/day Trial other cases: $300/day Sentencing: $100 Prob. viol.: $75

17^th Kent	Contracts with Public Defender and private attnys.	1998	PD Office (15 attnys.) handles 60% of cases, up to 2,500 non-murder and 10 murder, for $1,355,150. Prob viol: $100 Additional over 2,500 cases: $534.06 for non-murder case, $2,000 for murder case.	Additional for expert witnesses, transcripts, with court approval.	Approx. 40 attorneys holding annual contracts.
			Private attnys. contract for up to 50 cases each at $510 per case. Lineup: $100	Additional for investigation, expert witnesses, extra fees, with court approval.

18^th Bay	Public Defender Office	1998			Conflicts cases pay $40-50/hr. 14 attorneys on conflicts list.

19^th Benzie Manistee	Contract with 4 attnys. Contract with 6 attnys.	1998 1998	Approx. $465 per felony.	Additional for long dist. phone, mileage, transcripts, other "out of pocket."	Includes felonies, paternity, FOC contempt, PPOs, juvenile delinquency and abuse or neglect, probation violation. Additional "reasonable" payment for interlocutory appeal. Additional for trials exceeding one week, with court approval.


20^th Ottawa	Hourly	1994	Ranges from $50 - $70/hr., depending on attny.		16 attorneys on list.


21^stIsabella	Contract with 6 attorneys.	1997-98	$250,000 per year.	Additional for police reports, med. records, experts, deps., invest., med. tests, transcripts, mileage, filing, witness and service fees, with court approval.	Contract cap of 1,250 cases annually; $200 per case over cap. Includes mental commitments and local speaking engagements.

22^nd Washtenaw	Public Defender Office. (13 attnys.) Event	1998	PD has budget. Fee schedule for conflicts attnys. Plea without prelim.: $750 Plea with prelim.: $900 Trial up to 3 days: $3000 Trial days after 3: $450/day.	Reasonable and actual expenses over caps up to $100; no travel time. Includes actual expenses for out-of-county visits.	45 attorneys on Class I conflicts list.

23^rd Iosco	Contracts with 3 attnys.	1997-98	$22,408 each	Additional, with court approval.	Includes probation violations, paternity and contempt actions, all district court, lineups. $2,000 premium for murder case.
Oscoda	Hourly	1998	$45/hr.	Additional for reasonable costs.	4 attorneys on assignment list.

24^th Sanilac	Hourly	Approx. 1991	$50/hr.	Included in hourly rate; additional for experts with court approval.	Approx. 13 attorneys on list.

25^th Marquette	Hourly	1998	$40/hr.	Additional for mileage and other.	Premium of $75/hr. for prison cases. 26 attorneys on list (combined trial and appellate).
26^th Alcona Alpena Montmor. Presque Isle	Public Defender Office (4 attnys.) Event (for conflicts cases)	1998 1998	County-budgeted Arraignment: $55 Pre-exam visit (one only): $50 Prelim. held: $150 Prelim. waived: $100		Compensate only for highest monetary event, if more than one on scheduled appearance.
			Invest. & prep. for plea, capital: $250 Invest. & prep. for plea, non-capital: $150 Invest. & prep. for trial, capital: $500 Invest. & prep. for trial, non-capital: $350		Non-frivolous motion for new trial: $125
			Written motion & argument: $75 Hearing: $75
			Day of trial, capital: $225 Day of trial, non-capital: $150
			Plea: $100 Sentencing: $75

27^th Newaygo Oceana	Contract with 2 firms	1998	Firm #1 (50%): $36,360 Firm #2 (50%): $36,360		Includes paternity, nonsupport, juvenile abuse, neglect, delinquency, guardianships, mental health cases. Firms to split unexpended "contingency fund" of $7,364.

28^th Missaukee	Hourly	1998	$45/hr.	Additional	5 attorneys on list.
Wexford	Contract with 3 attnys.	1998	$31,521 each, divide cases equally	Additional for long-distance phone, mileage, appeal transcripts.	May petition for more if trial or hearing exceeds one day. Contract includes probation violations.

29^th Clinton	Hourly	1982	$50/hr.	Additional for phone, copying; experts with court approval.	19 attorneys on list.
Gratiot	Hourly	Approx. 1995	$50/hr.	Additional for phone, copying; experts with court approval	7 attorneys on list.

30^th Ingham	Hourly and event	1998	Life offenses (not habituals): $60/hr. in and out of court, excluding arraignmt.	Long distance phone excluded; additional with court approval.
			10 yrs – life by event: basic fee: $105 or $130 Prelim.: $110 Prelim. waived: $55 Dist. Ct. pre-trial: $35 Dist. Ct. plea: $110 Circ. Ct. pretrial: $40 Circ. Ct. pretrial & plea: $90 Pros. motion: $40 Trial: $165 full, $85 half-day Sentencing: $60	Additional with court approval.	Extraordinary hours with court approval, max. of $35/hr.
			Under 10 yrs. by event: Basic fee: $75 or $105 Prelim.: $85 Prelim. waived: $40 Dist. Ct. pre-trial: $35 Dist. Ct. plea: $90 Circ. Ct. pretrial: $40 Circ. Ct. pretrial & plea: $80 Pros. motion: $40 Trial: $140 full, $70 half-day Sentencing: $50

31^st St. Clair	Hourly	1998	$69 per hour; reduced to $65 on 6-1-98	Additional with court approval.	36 attorneys on list.

32^nd Gogebic Ontonagon	Contract with 1 attny.	1998	$57,000 annual fee, covers district and circuit court excluding juv. delinquency, child neglect/abuse, appeals	Additional for witness and process fees. Investigator, deposition, transcript, medical and psych evals. only with court approval.	Overhead (including copying, postage) included in contract. Attorney has duty to advise court of non-privileged financial info. of clients relating to indigency claim. Costs of conflicts counsel offset against contract.

33^rd Charlevoix	Contract with 4 attnys.	1998-00, (3-year)	$132,900 for 1998 $137,400 for 1999 $141,900 for 2000	Most included, but additional for expert witnesses, polygraph exams, psychiatric exams and investigation, upon approval. Additional for long distance phone.	Includes misdemeanants facing jail, appeals to circuit court, probation violations, youthful trainee act, paternity, family or contempt facing jail, extradition, remands from higher courts. Consortium provides attny. for motion days, FOC show cause hearings. Consortium pays conflict attnys. from contract.

34^th Arenac	Hourly	Approx. 1985	$45/hr.	Additional, with court approval.
Ogemaw	Contract with 5 attnys.	1997-98 (2-year)	Monthly payments from $2560 to $6824		Includes abuse and neglect, prob. viol., paternity, lineups. Excludes homicide cases. Courts each responsible to pay 31.3% (circuit); 42.3 %(district); 26.4% (probate).
Roscommon	Contract with 5 firms	1998-1999 (2-year)	3 firms at $2060/month; 2 firms at $1545/month		Includes paternity, probation violation, contempt. Additional over contract for "services rendered" on murder case.

35^th Shiawassee	Hourly	Approx. 1995	$50/hour	Additional, with court approval. Phone, postage and mileage excluded.	6-8 attnys. on list.

36^th Van Buren	Hourly by crime type	1996	Mand. Life: $65/hr./trial time Base fee of $1,600		Pay at rate of crime originally charged. Trial time added to base fee and preparation time.
			Life, other mand., over 15 years: $55/hr./trial time Base fee of $550		Lineups at $50/hr. where no continuing representation.
36^th Van Buren continued			5 to 15 years: $50/hr./trial time Base fee of $375		Felonies not leaving district court: $175 flat fee.
			Under 5 years: $45/hr./trial time Base fee of $325		13 attnys. on 1998 list.
			Prep. time all crimes: $175

37^th Calhoun	Contracts with 12 attnys.	1996-99	6-attorney group does 750 cases/yr. for $17,625/month; 5 attorneys each do 200 cases/yr. for $4,700/month each; 1 attorney does 100 cases/yr. for $2350/month. Annual adjustment for under/overage based on $375 per case.	Additional for transcripts, witness fees, mileage for witnesses, service of process. Polygraphs, psych. exams for defendants, expert witnesses, upon court approval.	Attorneys absorb usual costs of maintaining a law office. Contracts each cover felonies, paternity, probation violation, lineups.
			In addition to per case payment, trial time paid at $450/day, $225/half-day.

38^th Monroe	Hourly	1991	$52/hr.	Additional for fees, postage, copying. Expert witnesses, investigators with court approval.	Approx. 40 attnys. on list

39^th Lenawee	Contract with 3 attnys.	1998	$2,060/month for each attny. Additional trial days over 2: $260/day, $130 half-day.	Additional for witness fees, long distance phone, mileage, transcripts.	List of 3 attnys. rotates in blind draw. Contract covers felonies, prob. viol., extradition, contempt, paternity.

40^th Lapeer	Event	1996	Base fee in felony: $175 Base fee in misd.: $125	Included for ordinary travel, phone; additional upon court approval.	No additional for motions heard during trial.
40^th Lapeer continued			Prelim: $150, plus $75 for each add'l. half day Prelim. waived: $35 AOI: $35; waiver: $20 Contested motions: $100 for first half day; $75 each add'l. half day Lineup: $100
			Plea: $35 at arraign.; $50 other than at arraign. Pre-trial (up to 3): $35
			Trial on capital case: $500 first day, $150 each add'l. half day Non-cap: $300/$100 Sentencing: $50
			Probation arraign. and plea: $35 each; trial at $100 first half-day, $75 each add'l. half day. Paternity hearings: $50/hr.; trial $300 first day, $100 each add'l. half day.

41^st Dickinson	Contract with 4 attnys.	1998	$11,759 each for 1998	Additional for investigators and experts only, upon application	No additional fees for substitutions. Judges to equalize work load.
Iron	Contract with 2 attnys.	1998	$9,455 each for 1998	same
Menominee	Contract with 4 attnys.	1998	$38,958 each for 1998	same

42^nd Midland	Contract with 1 attny. operating "consortium" of attnys.	1997-00 (3-year)	Total 3-year contract of $595,000 for circuit court level; $160,000 for district court level.		In 1997, 66 prob. viol. and 326 felony defendants (total of 392). Approx. $100 per pv and $563 per felony defendant. 8 trials in 1997.

43^rd Cass	Contract with 2 attorneys	1996-99 3-year	Monthly fee of $6,042, each	Additional for experts upon court approval.	Reserve fund of $50,000 for conflict assignments; split between contract attorneys if unused.

44^th Livingston 44^th Livingston continued	Contracts with 3 attorneys	1998	1 attorney for 400 cases @ $540/case; 2 attorneys for 50 cases each @ $560/case.	Additional for experts, testing depositions, transcripts, travel. Office expenses included.	Contracts include misdemeanors, felonies, prob. viol., response to pros. circuit court appeals. Additional for cases over contract limit: $180 each for prob. viol., $680 each for others.

45^th St. Joseph	Contract with 10 attnys.	1997-99 (3-year)	$200,000 for each year; covers misdemeanors, felonies, probation or parole violations, paternity, juveniles.	Additional for after hours or weekend lineups or interrogations, remands from appellate courts, with approval of prosecutor and county administrator. Other expenses included in contract.	Contract attorneys serve on list which rotates weekly. Attorneys charged with attempting to persuade clients to follow through with payback agreements (compensate county for attny. fees).

46^th Crawford Kalkaska Otsego	Contract with one firm	1997-98 (2-year)	Monthly fee of $24,167; covers felonies, juveniles, abuse & neglect, probation violation.		Court must approve subcontractors. Contract includes up to 10 appeals to circuit court.

47^th Delta	Hourly	Approx. 1990	$40/hr.	Additional for expert witnesses, office expenses, with court approval.

48^th Allegan	Hourly	1985	Primary attorney: $55/hr. Other attnys: $47.50/hr.	Additional with court approval.	Separate contract covers juvenile cases.

49^th Mecosta	Contract with 1 attny. (event-based)	1997 (1-yr)	Case resolved at dist. ct. level: $175 - $250 Case resolved at cir. ct. level: $300 – $400 Trial first day: $450 Trial subseq. days: $350 Research & brief prep.: $70/hr.	Additional for witness fees, long distance phone, copying, postage, annual administrative costs, up to 6 jail visits. Invest. and other services with court approval.	Hourly ($70) for prob. viol., paternity, contempt, etc. Switch to hourly ($70) if case takes more than 4 days in trial or if max. is life.
Osceola 49^th Osceola continued	Contract with 1 firm, 1 add'l. attny.	1997 (1-yr)	$85,000 annual for 180 felony and paternity cases	Additional for evaluations, blood tests, copying, transportation, investigation, long distance phone, experts, with court approval.	Switch to additional hourly ($70) if capital case takes more than 10 hours work.

50^th Chippewa	Public Defender Office (2 attorneys)	1997		Included in PD budget, additional for contract cases.	Conflicts cases pay $37.50/hr. for felonies; $50/hr. for prison cases. 6 attorneys on conflicts list, approx. 2 cases per month. PD handles misdemeanors & felonies.
Mackinac	Hourly	1998	$40/hr.	Additional	6 attorneys on assignment list.

51^st Lake	Contract with 3 attnys.	1998	$2250/month for each attny.	Contract includes "office costs."	Contracts cover misdemeanors, prob. viol., juv. delinquency, neglect and abuse, felonies.
Mason	Contract with 1 attny., 1 firm.	1998	Misdemeanors: $20,040/yr. Felonies: $27,000/yr. each to attny. & firm. Additional $250/day for each day of trial exceeding two.	Additional for out-of-pocket, such as long-distance phone (misdemeanors). Additional for experts, testing and diagnosis, with court approval; secretarial, investigative and office expenses excluded (felonies). Additional for transcripts and witness fees (felonies).	Contractors must reserve $1000 to pay conflicts attorneys.

52^nd Huron	Hourly	1996 or 1997	$50/hr.	Additional for investigation and witnesses, with court approval

53^rd Cheboygan	Hourly for capital cases	1994	$70/hr. for capital cases	Additional for witness fees, others upon petition.	Judge to determine if fees reasonable. Includes probation violation. 5 attorneys on list.
53^rd Cheboygan continued	Event for non-capital cases	1994	AOW or 1^st client conference: $70 Prelim. waived: $60 Prelim. held: $100 Dist. Ct. plea: $70 AOI: $70 Line-up: $70
			Trial prep.: $100 or $150 Hearing w/testimony: $100 Day of trial: $120 Sentencing: $70 Probation viol.: $100 Cir. Ct. plea: $70 Post-trial motion: $70

54^th Tuscola	Hourly	Approx. 1991	Out-of-court: $55/hr. In-court: $75	Additional, with court approval.

55^th Clare Gladwin	Event	Approx. 1997	Prep time if tried: $400 Trial: $300/day Assaultive crimes: $400 Non-ass. crimes: $300 CSC: $425	Additional, with court approval

56^th Eaton	Hourly	1978	All cases: $40/hr.	Additional	45 attnys. on 1997 list

57^th Emmet	Contract with 4 attnys.	1996-98 (3-year)	$155,000 for 1996; $160,000 for 1997; $165,000 for 1997. Covers felonies, misdemeanors, appeals to circuit court, prob. viol., paternity, contempt, lineups, showups, interrogation, extradition.	Additional for witness fees, polygraphs, psych. exams, investigator, photos, exhibits, phone, with court approval. Additional (without motion) for postage, transportation to some jails.	Conflicts attny. costs offset against contract. Consortium agrees to provide "sufficient hours of attorneys' work to perform the professional services required by this contract," with time records provided to county.