Section 15-12-23

Appointment and compensation of counsel - Postconviction proceedings.

(a) In proceedings filed in the district or circuit court involving the life and liberty of those charged with or convicted of serious criminal offenses including proceedings for habeas corpus or other post conviction remedies, and in post-trial motions or appeals in the proceedings, the trial or presiding judge or chief justice of the court in which the proceedings may be commenced or pending may appoint counsel to represent and assist those persons charged or convicted if it appears to the court that the person charged or convicted is unable financially or otherwise to obtain the assistance of counsel and desires the assistance of counsel and it further appears that counsel is necessary in the opinion of the judge to assert or protect the right of the person.

(b) In proceedings filed in the district or circuit court involving juvenile offenses including proceedings for habeas corpus or other post conviction remedies, and in post-trial motions or appeals in the proceedings, the trial or presiding judge or chief justice of the court in which the proceedings may be commenced or pending may appoint counsel to represent and assist those juveniles so charged or convicted if it appears to the court that the juvenile charged or convicted is unable financially or otherwise to obtain the assistance of counsel and it further appears that counsel is necessary in the opinion of the judge to assert or protect the rights of the person, or court appointed counsel is otherwise required by law or rule of court.

(c) It shall be the duty of such counsel as provided in subsections (a) and (b) to represent and assist the person in the proceedings.

(d) The counsel appointed in the proceedings shall be entitled to receive for his or her services a fee to be approved by the judge appointing him or her. The amount of the fee shall be based on the number of hours spent by counsel in working on the proceedings and shall be computed at the rate of fifty dollars ($50) per hour for time expended in court and thirty dollars ($30) per hour for time reasonably expended in preparation of the proceedings. Effective October 1, 2000, the fee shall be computed at the rate of sixty dollars ($60) per hour for time expended in court and forty dollars ($40) per hour for time reasonably expended in preparation of the proceeding. The total fees to counsel for the proceedings shall not exceed one thousand dollars ($1,000).

(e) Claim for the fee shall be submitted, approved, and paid in the same manner as provided in subsection (e) of Section 15-12-22.

(Acts 1963, No. 526, p. 1136, §7; Acts 1971, No. 2420, p. 3851; Acts 1981, No. 81-717, p. 1204, §4; Act 99-427, p. 759, §1.)