ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: JUDE DP 7-0-0-0 | 3^rd Read 27-1-0-2 House: JUD DP 7-0-0-2 | APPROP DPA 18-0-0-0

---

SB 1035: postconviction relief proceedings; hourly rate

Sponsor: Senator Kavanagh, LD 3

Caucus & COW

Overview

Allows counties to authorize higher payments to court-appointed counsel in capital postconviction proceedings.

History

A.R.S. § 13-4041 governs the compensation and appointment of legal counsel for indigent defendants in Arizona criminal proceedings on appeal or in postconviction relief proceedings. It requires counties to pay for court-appointed counsel unless representation is provided by a public defender or other publicly funded office. The Arizona Supreme Court sets compensation rates, establishes standards and maintains a list of qualified attorneys. If a defendant waives counsel or is no longer indigent, public funds cease. Counsel in capital postconviction proceedings may receive up to $100 per hour, provided certain filing conditions are met.

Provisions

1. Permits a county board of supervisors to approve an hourly rate above $100 per hour for court-appointed counsel in capital postconviction proceedings. (Sec. 1)

2. Makes a technical change. (Sec. 1)

Amendments

Committee on Appropriations

1. Limits the higher hourly rate, that a board of supervisors may approve, to no more than $200 per hour.

---------- DOCUMENT FOOTER ---------

                        SB 1035

Initials NM    Page 0 Caucus & COW

---------- DOCUMENT FOOTER ---------