General Order 2025-03 (Amended Feb. 25, 2025)

This General Order establishes revisions to the compensation rates for private appointed conflict public defenders, as set forth in Local Rules of Court, Rule 19.4. These revisions include amendments to subsections (a) and (b) and the addition of a new subsection (d). These changes set specific compensation rates for private appointed conflict defenders assigned by the Lassen Superior Court for representation during criminal arraignment calendars and revise the guidelines for travel compensation to ensure uniform application and reimbursement standards.

1. Amendment to Subsection (a)
   Subsection (a) of Rule 19.4 is amended to read:

    

   (a) Fees for Private Appointed Conflict Public Defenders. Private appointed indigent criminal defense and juvenile counsel assigned by the Lassen Superior Court for matters other than criminal arraignments shall be compensated as follows:

    

             For First Degree Murder defense: $125.00 per hour
             For “Three Strike” (25 to Life) defense: $115.00 per hour
             For all other Felony defense: $100.00 per hour
             For all Juvenile Delinquency defense: $90.00 per hour
             For all Misdemeanor defense: $90.00 per hour
             For Writs: $90.00 per hour
             For Civil Contempt: $90.00 per hour
             For Misdemeanor Appeals: $90.00 per hour
             For CARE Court: $90.00 per hour

    

   All counsel submitting fee claims shall give due regard in computing the time and amount thereof to the guidance of Penal Code § 987.2, where it is provided that an assigned attorney “… shall receive a reasonable sum for compensation and for necessary expenses, the amount of which shall be determined by the court…”

    

   Counsel accepting appointment under this rule shall do so with a clear understanding that the court will make an independent determination of the necessity and justification for hours spent; and may reduce a claim for hours or travel found not to be reasonably necessary for the representation of the defendant or spent on unfounded motions or procedures. In reviewing fee claims, the court will consider the time spent and amount claimed with reference to the following:

    

             1. Customary fees in the locality.
             2. Time reasonably required for the matter.
             3. Difficulty of the defense.
             4. Unusual legal issues dealt with.
             5. Degree of professional skill and experience required and exercised by counsel.
             6. The professional character, qualification, and standing of the attorney.

    

   Assigned counsel shall submit a COUNTY fee claim for that purpose, with all required supporting information requested thereon, only upon completion of the representation, unless prior court authorization for an incremental billing is obtained for good cause.

    

   All requests for travel, including but not limited to travel time and mileage, require pre-approval in writing form from the Presiding Judge. Under no circumstances will travel be paid for absent pre-approval in writing from the Presiding Judge. Assigned counsel traveling over 50 miles one way from their primary business office or residence for an in-person appearance may claim mileage reimbursement for the round-trip distance at the current federal mileage rate and up to 2 hours of total travel time per travel occurrence, at the applicable defense rate for the case type of the appointment. Travel time compensation is capped at 2 hours per day and cannot be billed separately for each case.

2. Amendment to Subsection (b)
   Subsection (b) of Rule 19.4 is amended to read:

    

   (b) Fees for Counsel Appointed to Represent Indigent Parties in Juvenile Dependency Proceedings. Court-appointed counsel, other than counsel employed by a public entity, for a parent or minor in any juvenile dependency proceeding shall be compensated as follows:

    

             $90.00 per hour

    

   Counsel accepting appointments in a juvenile dependency proceeding shall be in compliance with the Juvenile Dependency rules outlined in Rule 3 of the Local Rules of Court.

    

   Counsel accepting appointments under this rule shall do so with a clear understanding that the court will make an independent determination of the necessity and justification for hours spent and may reduce a claim for hours or travel found not to be necessary for the purpose of the appointment or spent on unfounded motions or procedures. In reviewing fee claims, the court will consider the time spent and amount claimed with reference to the following:

    

             1. Customary fees in the locality.
             2. Time reasonably required for the matter.
             3. Difficulty of the defense.
             4. Unusual legal issues dealt with.
             5. Degree of professional skill and experience required and exercised by counsel.
             6. The professional character, qualification, and standing of the attorney.

    

   Assigned counsel shall submit a COURT fee claim upon a form provided for that purpose by the Court, with all information requested thereon. Incremental billing on a monthly or quarterly basis following completion of services is preferred.

    

   Assigned counsel traveling over 50 miles one way from their primary business office or residence for an in-person appearance may claim mileage reimbursement for the round-trip distance at the current federal mileage rate and up to 2 hours of total travel time per travel occurrence, at the applicable defense rate for the case type of the appointment. Travel time compensation is capped at 2 hours per day and cannot be billed separately for each case.

3. Addition of Subsection (d):
   A new subsection (d) is added to Rule 19.4, which reads:

    

   (d) Fees for Private Appointed Conflict Public Defenders in Criminal Arraignments. Private appointed indigent criminal defense counsel assigned by the Lassen Superior Court for representation during the criminal arraignment calendars shall be compensated as follows:

    

             $200 per day

    

   Appointed counsel is expected to arrive at the Lassen County Adult Detention Facility (ADF) prior to the scheduled arraignment calendar with adequate time to meet with all indigent defendants, but no less than 30 minutes before the start of the calendar. If appointed counsel is unable to be physically present at the ADF, remote appearance may be permitted for both pre-arraignment meetings with indigent defendants and during arraignment proceedings, subject to prior approval and coordination with the Court and ADF.

    

   Assigned counsel shall submit a COUNTY fee claim with all required supporting information upon completion of the representation.

    

   Assigned counsel traveling over 50 miles one way from their primary business office or residence for an in-person appearance may claim mileage reimbursement for the round-trip distance at the current federal mileage rate and up to 2 hours of total travel time per travel occurrence, at the applicable defense rate for the case type of the appointment. Travel time compensation is capped at 2 hours per day and cannot be billed separately for each case.

The provisions of this General Order are intended to be incorporated into a future revision of the Superior Court of California, County of Lassen’s Local Rules of Court, effective July 1, 2025. Upon successful implementation into the Local Rules of Court, this General Order shall be deemed automatically revoked and rescinded.

This General Order does not preclude nor restrict the Court from adopting additional future changes to compensation rates or related provisions, whether by subsequent General Order or further amendments to the Local Rules of Court.

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