RULE 15.4
CLAIM FOR PAYMENT OF EXPENSE
FOR INDIGENT PARTY
(a) Conditions for Payment. The expenses for an indigent
party which are necessarily incident to review by an appellate
court will be paid from public funds only if:
(1) An order of indigency is included in the record on
review; and
(2) An order properly authorizes the expense claimed; and
(3) The claim is made by filing an invoice in the form and
manner provided by this rule and procedures established by the
Office of Public Defense.
The invoice of a court reporter may be submitted as soon as
the report of proceedings has been filed by the court reporter.
The invoice of a superior court clerk may be submitted as soon as
the expense has been incurred. Invoices of counsel, court
reporters, and superior court clerks must be filed within 20 days
after the filing of the decision terminating review or 30 days
after the denial of reconsideration, whichever is later.
(b) Reserved.
(c) Invoice of Counsel. An invoice submitted by counsel
representing an indigent party should be titled "Invoice of
Counsel for Indigent Party." All invoices shall be submitted and
certified in a form and manner consistent with policies adopted
and published by the Office of Public Defense.
(1) The invoice must include a copy of the brief, a statement
of the number of hours spent by counsel preparing the review, the
amount of compensation claimed, and the reasonable expenses
excluding normal overhead incurred by counsel for the review
including travel expenses of counsel incurred for argument in the
appellate court. Travel expenses may not exceed the amount
allowable to state employees for travel by private vehicle. The
invoice must include an affidavit of counsel stating that the
items listed are correct charges for necessary services rendered
and expenses incurred for proper consideration of the review.
(2) Providers who are under contract shall submit invoices in
accordance with the terms of their contract.
(d) Invoice of Court Reporter or Typist.
(1) An invoice submitted by the court reporter should be
titled "Invoice of Court Reporter or Typist--Indigent Case." The
invoice must state the number of pages transcribed and the
billing rate per page. The billing rate must be at the rate per
page or line page equivalent set by the Supreme Court for the
original and one copy of that portion of the report of
proceedings ordered by the superior court. Additional copies
which have been authorized and ordered from the reporter must be
charged for as though reproduced by the most economical method
available to the reporter. The superior court clerk shall certify
the reporter's invoice as follows:
I hereby certify that the amount claimed in this invoice is
for that portion of the verbatim report of proceedings
ordered by the trial court; that the typing of the report is
in accordance with appellate rule 9.2(e) and (g); and that
the bill is computed at the current rate per page set by the
Supreme Court for the original and one copy, namely $______
per page.
(e) Invoice of Superior Court Clerk. An invoice submitted by
the superior court clerk should be titled "Invoice of Superior
Court Clerk--Indigent Case." The invoice must itemize the clerk's
charges for the preparation of the record ordered by counsel for
the indigent or the trial court and list the actual expenses of
the clerk for transmittal of those portions of the record. The
superior court clerk shall certify the clerk's invoice as follows:
I hereby certify that the items listed in this invoice are
correct charges for the preparation of those portions of the
record ordered by counsel or the trial court and for the
actual expense of transmittal of those portions of the record.
[Amended June 6, 1996; May 29, 2001; November 25, 2003.]
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