ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE DP 7-0-0-0 | 3rd Read 27-1-0-2

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1035: postconviction relief proceedings; hourly rate

Sponsor: Senator Kavanagh, LD 3

Committee on Judiciary

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)

 

 

 

 

 

 

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                        SB 1035

Initials NM    Page 0 Judiciary

 

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