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local criminal rule 19

CRIMINAL RULE 19: ANCILLARY DEFENSE EXPENSES

A. SCOPE

B.    REQUIRED SUBMISSION

C.    REQUIRED DECLARATION

D.    TRAVEL EXPENSES

E.    EXPENSES FOR MEDICAL AND MENTAL HEALTH PROFESSIONALS

F.    ADDITIONAL FUNDING

G.    CLAIMS FOR THE PAYMENT OF ANCILLARY DEFENSE EXPENSES

 

 

A. SCOPE

This rule states that the requirements for the payment of reasonably necessary expenses that appointed counsel, retained counsel, and self-represented litigants incur in defending persons who are indigent.    This  rule  will  refer  to  these  reasonably  necessary expenses as “ancillary defense expenses.”  All funds expended for ancillary defense expenses must have prior approval by Court order. Funds  approved  for  a  specific  purpose,  moreover,  may  not  be expended for another use without prior Court approval.


B.    REQUIRED SUBMISSION

All initial applications for the authorization of ancillary defense expenses shall be submitted by ex parte motion to the clerk of the Criminal  Division Supervising Judge.   The application shall be accompanied by: (1) a completed and signed Defendant’s Financial Statement in Support of Ancillary Fees Request (Attachment CR-6089) OR a Declaration signed under penalty of perjury, which includes all of the information requested in Attachment CR-6089 and (2) a declaration with the information described in subdivision C below. The     application  and  supporting  declarations  shall  be  marked “Confidential,” and shall be kept in a confidential section of the Court file.

C.    REQUIRED DECLARATION

All applications for ancillary defense expenses shall be supported by a declaration setting forth:

(1)   A summary of the circumstances of the charged offense or facts that demonstrates why the funding of ancillary defense expenses is necessary in the interests of justice;

(2)   The status of the case;

(3)   The specific purpose for the funds, including the nature of the     services to be rendered and an explanation why those services     are reasonably necessary for the defense of the case; and

(4)   The  name  and  title  of  each  appointed  service  provider (investigator, expert, or other) for whom funds are being sought, the hourly rate and maximum amount expected to be charged for the service, travel-related expenses other than mileage,       and  any  other  special  expenses.    If  a  self- represented    defendant  has  not  suggested  a  particular investigator, the Court will select one from the rotational investigator list.  The maximum hourly billing rates, as well as the maximum initial authorizations, for all investigators and legal runners shall be set by the Presiding Judge of the Superior Court.  Legal runner services, when approved by the Court, are  limited  to  photocopying,  and  transporting materials, orders, and motions.  Visits and phone calls to the County’s detention centers must be associated with an allowable   billable activity, and will be subject to the Court’s discretion.


D.    TRAVEL EXPENSES

(1)   No  funds  may  be  expended  for  overnight  travel  by investigators,    experts,  or  others  without  prior  court approval.   Pre-approved hourly investigation expenses may not be applied  to  overnight  or  airline  travel  costs  unless expressly designated  by  the  court  for  travel  after  an appropriate request.

(2)   Applications that include a request for travel expenses to interview witnesses  must  contain,  in  addition  to  the requirements above, a declaration setting forth:

a.    The relevance and materiality of the witness’s proposed testimony;

b.    An  explanation  why  a  telephone  interview  or  an interview conducted through the Internet or other forms of electronic communication would not suffice instead of a face to face interview.

c.    An explanation why it would not be practical to utilize the services of an investigator in the area where the witness lives to conduct the interview;

d.    Whether it would be feasible to fly the witness to the San Jose airport for an interview, with a return flight the same day, to avoid the expense of overnight travel for the investigator; and

e.    A representation that the applicant has endeavored to secure the lowest possible airfare.

E.    EXPENSES FOR MEDICAL AND MENTAL HEALTH PROFESSIONALS

On initial applications for authorizing expenses for doctors, psychologists,  psychiatrists,  and  similar  experts,  the  maximum amount allowed by the court will be an amount sufficient to procure an initial written report form the expert. This report should describe the need, if any, for further services at an approved rate. The defense must endeavor to negotiate the lowest hourly rate. If the defense retains an expert from outside the Bay Area, the declaration shall explain in detail why local experts could not be employed to provide similar services. Expenses for supplemental reports by experts or investigators may not be paid by the Court without prior Court approval.


F.    ADDITIONAL FUNDING

After the initial funding approved by the declaration described in subsection C above has been exhausted, no additional work may be performed or compensated without first obtaining Court approval by submitting a supplemental funding request under this subsection. Each application for additional funding for a previously authorized service provider (investigator, expert, or other) shall state, in the heading of the pleading, that it is a supplemental request, and shall include a declaration setting forth:

(1)   The date and amount of previous funding authorizations for the service provider

(2)   The amount of any billings for services completed by the service provider and a general summary of those completed services;

(3)   The remaining balance from funds previously authorized for the service provider; and

(4) A detailed description of the services remaining to be performed. Any additional request for the services of an expert must be accompanied by a report or declaration of the expert explaining the need for the additional services.

G.    CLAIMS FOR THE PAYMENT OF ANCILLARY DEFENSE EXPENSES

Claims for the payment of ancillary defense expenses must have prior Court authorization as described above; without prior authorization, claims will not be paid.  Claims for payment of ancillary defense expenses shall be submitted to the Director, Independent Defense Counsel Office, 373 West Julian Street, Suite
300, San José, CA 95110, and shall comply with the requirements of that Office, including any requirements for supporting documents.


(Effective 1/1/2019)






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