A. In every case in which the defendant is subject to the death penalty and an attorney or attorneys other than an attorney or attorneys employed by the Indigent Defense System are assigned to the case by the System to provide representation, an attorney must submit a claim in accordance with the provisions of the Indigent Defense Act in such detail as required by the System. Except as provided in subsection B of this section, total compensation for non-System attorneys who serve as lead counsel in capital cases shall not exceed Twenty Thousand Dollars ($20,000.00) per case. Total compensation for a non-System attorney who is co-counsel with a System or non-System attorney in a capital case shall not exceed Five Thousand Dollars ($5,000.00) per case.
B. The maximum statutory fee established in this section may be exceeded only upon a determination made by the Executive Director and approved by the Board that the case is an exceptional one which requires an extraordinary amount of time to litigate, and that the request for extraordinary attorney fees is reasonable.
Added by Laws 1991, c. 238, § 14, eff. July 1, 1991. Amended by Laws 1992, c. 303, § 10, eff. July 1, 1992; Laws 1992, c. 357, § 6, eff. July 1, 1992; Laws 1998, c. 201, § 3, emerg. eff. May 11, 1998; Laws 2001, c. 210, § 11, eff. July 1, 2001.
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