Appendix J, Appointed Counsel Fee Schedule

APPOINTED COUNSEL FEE SCHEDULE*

*Basic Fee, Hourly Rate, and Maximum Fee are defined in Mont. Co. C.P.R. 3.11(B)

Basic Fee $400
Hourly Rate
Trial Level Work in Death Penalty Specific Cases $125/hour
Post-Conviction and State Habeas Corpus Proceedings in Death Sentence Cases (in-court and out-of-court) $60/hour
All ot her Court appearances (trial level and post-conviction or habeas corpus proceedings) $75/hour
All other out-of-court work (trial and post-conviction or habeas corpus proceedings $75/hour
Maximum Fee – Trial Level Proceedings
Aggravated Murder
Death Penalty Specifications (subject to Sup. R. 20 and Mont. Co. C.P.R. 3.11(B)(1)(D))       No Maximum
No Death Penalty Specifications – 2 attorneys $25,000
No Death Penalty Specifications – 1 attorney $15,000
Murder $10,000
Felony
Possible Life Sentence $10,000
Repeat Violent Offender Specification $10,000
Major Drug Offender Specification $10,000
All other Felonies
First, Second, or Third Degree Felony $8,000
Third Degree Felony $5,000
Fourth of Fifth Degree Felony $3,500
Misdemeanors $2,000
Contempt of Court $500
Parole, Probation, and all other proceedings $750
Maximum Fee – Post-Conviction and Habeas Corpus Proceedings
Post-Conviction Proceeding
With Evidentiary Hearing $1,500
No Evidentiary Hearing $750
Habeas Corpus Proceeding
With Evidentiary Hearing $1,500
No Evidentiary Hearing $750
Aggravated Murder
Death Sentence       No Maximum
Felony
Life Sentence (Cumulative Minimum Sentence 25 Years) $8,000
All other Felonies
First or Second Degree Felony $5,000
 Third Degree Felony $3,500
 Fourth or Fifth Degree Felony
Misdemeanors $2,500
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