DCR 3.117 Court Appointed Attorney Fees/Guardian Ad Litem Fees

1. In Probate, Juvenile and Domestic Relations (including paternity) proceedings, except as noted below*, counsel appointed as attorney or guardian ad litem will be paid at the rate of $300 per appointment. Counsel should not request reappointment while the case or action is still pending. This rule contemplates the standard appointment fee to include up to six hours of time and all expenses. In extraordinary cases where it is necessary for counsel to expend more than 6 hours or where extraordinary expenses are incurred, payment will be approved at the hourly rate of $62 per hour for documented time exceeding 6 hours.

[This amount is based on a presumption that the "average" amount of time is approximately 5 hours in a case and that $62 per hour is a reasonable allowance considering the general nature of the work and the budget constraints being met by the courts. No time or expense records will need to be filed for cases falling within this applicable range.]

2. This standard fee rate shall be applicable in all cases where payment is made from public funds.

3. All orders (PDF)submitted to the Court for payment of attorney fees from public funds shall also make provision for reimbursement of those by assessment against one or more of the parties to the case as appropriate or for waiver of such reimbursement when that is appropriate.

*This schedule shall not apply to those cases designated generally as "care and treatment cases" where the presently published schedule shall remain in effect. Likewise, this schedule of fees shall not affect any fee contract for child in need of care and juvenile cases or attorneys appointed to represent obligors in child support contempt proceedings.

Adopted: February 19, 1998
Revised: September 19, 2007
Revised: July 17, 2013