Cal. Code Regs. Tit. 2, § 1021.4 - Legal Expenses (Prosecution and Defense)

(a) Normal salaries and benefits for county employees are not reimbursable unless otherwise provided in Government Code Section 15202(b); overtime and fringe benefits actually paid for regular county employees may be reimbursable if such overtime is directly attributable to the case. The necessity, duration, and extent of the overtime must be fully explained and authorized by the appropriate supervisor in writing, and must be documented in accordance with written county personnel policies. Overtime documentation must be retained for audit examination.

(b) Assigned counsel fees, costs, or expenses may be reimbursable if such fees, costs or expenses are consistent with the provisions of Penal Code Section 987.2.

(c) With the exception of county employees, all attorneys and their support personnel must have a written contract indicating the rate of compensation, including that for trial work, overtime, costs, and expenses. The contract with non-county personnel shall specify the fee or rate of pay, and the treatment of overtime if applicable. Overtime will be as defined by the individual counties. County costs incurred pursuant to such contracts may be reimbursable.

(d) In order to be considered for reimbursement, charges for the services of outside contractors, including court appointed attorneys, must be supportable through adequate timekeeping records. Time charged must be approved by the appropriate contract supervisor or county official. Records maintained for billing purposes by court appointed attorneys, investigators, consultants, experts, and others shall be made available to the State Controller's Office, upon request, for examination. Such records will be reviewed to determine the reliability of timekeeping records submitted to the county.

(e) To be eligible for reimbursement, fees for court appointed attorneys, consultants, and experts, etc., must be determined by the trial judge. Reimbursement shall exceed neither the customary fees allowed by the courts for services in capital cases nor any fee limitation imposed by statute.

Notes

Cal. Code Regs. Tit. 2, § 1021.4

1. Amendment of subsections (a) and (e) filed 5-13-87; operative 5-13-87 (Register 87, No. 21).

Note: Authority cited: Section 15204, Government Code. Reference: Section 15201, Government Code; and Statutes of 1986, Chapter 186, Item 8180-101-001 (Budget Act of 1986 which expires after June 30, 1987).

1. Amendment of subsections (a) and (e) filed 5-13-87; operative 5-13-87 (Register 87, No. 21).