RULE 15.6
RECOVERY OF PUBLIC FUNDS
If a case on review is returned to the trial court for further
proceedings and the case involves a claim for a money judgment for the
party on whose behalf public funds have been expended, the Clerk of the
Supreme Court will indicate the amount of public funds expended on behalf
of the party in the mandate or in a supplemental judgment. The amount
indicated in the mandate and supplemental judgment is a lien on any
settlement or judgment obtained by the party on whose behalf public funds
have been expended. This lien must be satisfied prior to the payment of any
other amounts to the party. If a judgment is entered, the judgment should
reflect the lien imposed by this rule. The amount of the lien must be paid
to the clerk of the superior court. The clerk of the superior court shall
forward all funds recovered to the director of the Office of Public
Defense, who will credit these funds to the Indigent Appeal Allotment.
References
Rule 14.3, Expenses Allowed as Costs, (c) Special rule for indigent
review.
Amended June 6, 1996
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