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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
postconviction relief proceedings; hourly rate
Purpose
Allows court appointed counsel of a capital defendant for state postconviction relief proceedings to receive compensation exceeding $100 per hour if the higher compensation rate has been approved by the county board of supervisors (BOS).
Background
The Arizona Supreme Court must establish and maintain a list of qualified persons to represent capital defendants in postconviction relief proceedings. Once the Arizona Supreme Court has affirmed a capital defendant's conviction and sentence, the Arizona Supreme Court, or if authorized, the presiding judge of the county from which the case originated must appoint counsel from the list of qualified persons to represent the capital defendant in the state postconviction relief proceeding. Counsel who is appointed to represent a capital defendant in state postconviction relief proceedings and who is not employed by a publicly funded office must be paid an hourly rate of up to $100 per hour and monies may only be paid to court appointed counsel if a petition is timely filed or a notice is timely filed stating that counsel has reviewed the record and found no meritorious claim. The trial court must compensate appointed counsel for postconviction relief proceedings from county funds. If counsel is appointed to represent an indigent capital defendant, the county must request reimbursement for fees incurred as a result of the appointment of counsel and the state must pay a portion of the fees incurred out of monies appropriated to the Arizona Supreme Court for this purpose (A.R.S. ยง 13-4041).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that counsel who is appointed to represent a capital defendant in state postconviction relief proceedings, as outlined, may be paid a compensation rate that exceeds $100 per hour if the higher rate has been approved by the county BOS.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
ZD/KS/ci