As amended through April 1, 2024
Rule 210 - Court Appointed Counsel, Fees, and Fee Petitions(A) The Court Administrator shall maintain lists of counsel available for appointment by the court to represent individuals in various matters. Separate lists of available counsel shall be maintained for criminal cases, civil cases, juvenile dependency cases, and juvenile delinquency cases. (1) At least annually, by the last day of June, the Court Administrator shall solicit requests for attorneys, with a principal office located in York County, who will accept cases by court appointment.(2) Those attorneys responding to the solicitation shall warrant that they have experience in the areas for which they seek appointment, and shall include a copy of their professional liability insurance declarations page, or other proof of professional liability insurance, now in effect, with the response.(3) An attorney who has previously been on a list for appointments shall also respond to the solicitation with updated information, or the attorney shall be removed from all lists for court appointments.(B) Appointment to represent an individual in a particular matter is limited to representation in that matter only to its conclusion, including proceedings on direct appeal, absent further order of court.(C) Fee petitions in cases in which an attorney has been appointed by the court shall be submitted, with supporting documentation and an original proposed order with sufficient copies to conform, to the Court Administrator for assignment to a judge. In criminal cases, the fee petition shall be assigned to the judge to whom the case was assigned.(D) General Requirements for All Fee Petitions:(1) Unless otherwise stated, all fee petitions must be presented to the Court Administrator for assignment to a judge within thirty (30) days of the date of last service rendered at the trial level, and within (30) days of final decision for any appeal.(2) The fee petition shall set forth the caption of the case, the manner of disposition of the case, and if disposed of by trial, the number of days spent in trial.(3) An itemized billing reflecting the dates, time spent, and nature of the services shall be included in or attached to the petition.(4) An appropriate hourly rate consistent with administrative orders in effect at the time the service was rendered shall be displayed, along with a subtotal of the dollar amounts for the services, and a final dollar total being requested.(5) Time spent by administrative assistants, paralegals, employees, or agents other than the appointed attorney may not be billed without leave of court. (6) Reimbursement may be sought, without leave of court, for travel time, except to and from the Judicial Center, long distance phone charges, printing, and extraordinary copying costs for preparation of exhibits and documents for appeals, extraordinary postage, extraordinary travel mileage, and, with prior court approval, expert fees for investigators and other experts. Routine expenses such as mileage, to the York County Prison, the Judicial Center, or to preliminary hearings, photocopying, telephone bills, postage, and other such expenses, may not be claimed for reimbursement.(E) Criminal Cases: Counsel appointed to represent individuals in criminal cases shall not represent the individual in any probation or parole proceedings unless reappointed by the Court to do so.(F) Complex Criminal Cases: All homicide cases, and other cases which will likely take a year or more or will require an inordinate amount of attorney time to resolve may be subject to interim fee petitions.(1) The petition shall set forth a brief statement asserting the grounds for considering the case for interim billing, and shall request that interim billing be permitted.(2) Interim fee petitions shall contain, in addition to the matters set forth in York R.C.P. 210(C) above, a recitation of the total of the preceding fee petition, the date when the preceding fee petition was submitted, the amount approved, and shall indicate whether the amount approved has been paid and the date paid.(G) Juvenile Dependency Proceedings: Fee petitions in juvenile dependency cases shall be submitted at least quarterly, and may be submitted monthly, and shall be for services rendered only in the preceding period. (1) The petitions may include requests for reimbursement in multiple cases, so long as each case is clearly identified by caption and number, and the supporting billing information only pertains to each individual case.(2) Such petitions, along with an original proposed order and sufficient copies to conform, shall be submitted to the Court Administrator for assignment to a judge.(3) The fee petitions shall contain, in addition to the matters set forth in York R.C.P. 210(C) above, a recitation of the total of the preceding fee petition, the date when the preceding fee petition was submitted, the amount approved, and shall indicate whether the amount approved has been paid and the date paid.(4) An additional appointment must be sought and approved before taking an appeal to any federal court, or undertaking representation before any governmental agency.Amended effective through 4/1/2024.