Current through Register Vol. XLI, No. 50, December 13, 2024
Section 89-1-6 - Timing of voucher submission6.1. Compensation will be paid at the conclusion of an eligible proceeding. An appeal will be considered the commencement of a separate eligible proceeding for this purpose. Proceedings after sentencing will be considered the commencement of separate proceedings from the original proceedings for this purpose.6.2. Panel attorneys may request compensation at the completion of a critical stage within a proceeding. A critical stage is when the jurisdiction of a matter may transfer from magistrate court to circuit court or from juvenile jurisdiction to adult jurisdiction. Further proceedings after that point will be considered the commencement of a separate proceeding. A proceeding which is "bound over" will not be considered at a critical stage and requests for compensation cannot be made until the indictment issues or the matter is dismissed or otherwise concluded. A critical stage is also when the prosecution of a matter is delayed pending the compliance of a defendant with certain conditions that may result in dismissal or reduction of charges.6.3. The panel attorney is required to submit the request for compensation within 90 days after the conclusion of an eligible proceeding. If the panel attorney elects to request compensation at a critical stage, the request must be made within 90 days after the completion of the critical stage.6.4. The panel attorney may submit a voucher to the agency before the conclusion of an eligible proceeding if the proceeding has been pending for more than six months. The executive director, in his or her discretion, may authorize periodic payments where ongoing representation extends beyond six months in duration.6.5. If an interim voucher is submitted, the panel attorney must submit all time expended before the date of the submission. A subsequent voucher cannot have dates of service included that could have been included in the preceding voucher. Subsequent vouchers in any instance relating to legal representation of the same client in the same eligible proceeding that include dates of services that are prior to the last date of service on a preceding voucher will be reduced by the amount of compensation requested for those services.6.6. If a voucher is submitted after the deadline provided in this section, the panel attorney must obtain an order of the presiding court stating that good cause has been shown for the untimely submission. Forms for such an order will be available on the website. The order approving this untimely submission must be uploaded with the voucher that is submitted to the agency by the panel attorney for compensation in the eligible proceeding to which the services related.