MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B; County Affairs

By: Representative Watson

AN ACT TO AMEND SECTION 99-15-17, MISSISSIPPI CODE OF 1972, TO INCREASE THE COMPENSATION ALLOWED FOR ATTORNEYS APPOINTED BY THE COURT TO REPRESENT INDIGENT DEFENDANTS IN CRIMINAL CASES; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 99-15-17, Mississippi Code of 1972, is amended as follows:

99-15-17. The compensation for counsel for indigents appointed as provided in Section 99-15-15 shall be approved and allowed by the appropriate judge, and in any one (1) case, such compensation shall be reasonable under the circumstances but shall not exceed Fifty Dollars ($50.00) per hour for representation in circuit court, whether on appeal or originating in the circuit court. * * * However, in a capital case, two (2) attorneys may be appointed, and the compensation shall be reasonable under the circumstances but shall not exceed Fifty Dollars ($50.00) per hour per case. If the case is appealed to the State Supreme Court by counsel appointed by the judge, the allowable fee for services on appeal shall not exceed Fifty Dollars ($50.00) per hour per case.

In addition, the judge shall allow reimbursement of actual expenses. The attorney or attorneys so appointed shall itemize the time spent in defending the indigents together with an itemized statement of expenses of such defense, and shall present same to the appropriate judge. The fees and expenses as allowed by the appropriate judge shall be paid by the county treasurer out

of the general fund of the county in which the prosecution was commenced.

SECTION 2. This act shall take effect and be in force from and after October 1, 1998.