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Commissioner Ginn felt there was one statement that says it clearly: "State funding <br />for State courts - Vote `yes' on Revision 7." <br />NO ACTION REQUIRED. <br />U Resolution 98 -096 -Hourly Fee for Court Appointed Counsel in <br />Dependency Proceedings <br />The Board reviewed a Memorandum of September 14, 1998: <br />TO: Board of County Commissioners <br />FROM: Terrence P. O'Brien, Assiscint County Attorney Tp <br />DATE: September 14, 1998 <br />SUBJECT: Compensation of Court Appointed Counsel -1998 Legislation <br />The legislature has amended the manner in which counsel is compensated pursuant to a <br />court appointment in dependency proceedings. Under former law, the court could <br />pretty much determine the amount of compensation. Now the compensation shall be <br />established by each County. The pertinent section of the Florida Statutes reads as <br />follows: <br />Section 39.0134 Anointed counsel: compensation. <br />If counsel is entitled to receive compensation for representation <br />pursuant to a court appointment in a dependency proceeding pursuant <br />to this chapter, such compensation shall be established by each county. <br />There appears to be two approaches from the County's standpoint, (1) set a per hour <br />fee for in -court and out-of-court work, (2) enter into a contract, after bids, for a set <br />amount for each case. This latter procedure is what we now use in criminal uses <br />where an attorney is court appointed. <br />As an initial step and as an interim measure it is recommended that we establish an <br />hourly fee and then direct staff to try the contract approach and see what bids we <br />receive. <br />A $65.00 out-of-court and a $75.00 in -court per hour fee is recommended. This is the <br />same fee appointed attorneys in capital cases are paid. <br />A Resolution establishing this per hour fee is attached for consideration. <br />I have spoken to Chief Judge Ranarek on this matter and we agree that a committee <br />should be formed to make recommendations as to an hourly fee and to look into <br />contracting out services. A committee of the Chief Judge or his designee, myself and a <br />member of the Indian River County Bar Association is recommended The bar <br />member would be selected by President of the IRC Bar Association. <br />September 22, 1998 <br />21 <br />BOOK 107 PAGE 8 <br />