House Bill 181

AN ACT TO AMEND SECTION 99-15-17, MISSISSIPPI CODE OF 1972, TO REVISE COMPENSATION FOR COUNSEL APPOINTED FOR INDIGENTS; 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. Counsel shall be paid at an hourly rate equal to eighty percent (80%) of the hourly rate allowed in the United States District Courts of the Northern and Southern Districts of Mississippi to attorneys appointed to represent defendants in similar cases. In addition, the judge shall allow reimbursement of actual expenses. The attorney or attorneys so appointed shall itemize the time spent in defending said indigents together with an itemized statement of expenses of such defense, and shall present same to the appropriate judge. The judge presiding in the court which handles the case may adjust the total requested payment to counsel in a case if the court finds that the number of hours claimed by counsel in that case is not reasonable. 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 July 1, 2011.