WHEREAS, the Administrative Governing Board has issued a directive on counsel fees that modifies the Guaranteed Fee System;
WHEREAS, the Administrative Governing Board directive provides for no payment to counsel for a continuance, regardless of the reason for the continuance;
WHEREAS, the Guaranteed Fee System provided that delay caused by counsel will not be compensated;
WHEREAS, the American Bar Association Standards for Criminal Justice-- Providing Defense Services (3rd Edition, 1992) provides, in part, that assigned counsel be paid for all hours necessary to provide quality legal representation;
WHEREAS, standards of fairness would require that continuances in all cases (misdemeanors, felonies, delinquency, dependency) that are not requested nor the fault of defense counsel should be compensated;
NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association hereby opposes the directive provision of no payment for any continuances and proposes the following for consideration by the Administrative Governing Board:
- A per diem of $50 shall be paid to an attorney where the attorney is physically present in the courtroom up to one hour;
- A half-day per diem of $150 shall be paid to an attorney who is present in the courtroom for more than one (1) hour but less than three (3) hours;
- A full day per diem shall be paid to an attorney who is present in the courtroom for more than three (3) hours.
AND BE IT FURTHER RESOLVEDthat the Chancellor is empowered to take any and all action on behalf of the Philadelphia Bar Association that may be necessary and appropriate to implement the terms of this resolution.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: March 27, 1997