Trial Assigned Counsel Fees by Circuit
Circuit
Basis
Fee Set
Rate
Expenses
Comments
1st Hillsdale
Contract
with 3
firms
1998
Firm #1 (40%): $31,200
Firm #2 (40%): $31,200
Firm #3 (20%): $13,200
Additional for
expert witnesses,
transcripts,
subpoena and
witness fees,
costs of venue
change, upon
application.
More than 8 hours on life
offense: $65/hr.
2nd Berrien
Contract
with 11
attnys.
1998
Felonies,
misdemeanors,
paternity, nonsupport: $420,000
Drug cases: $72,000
Juveniles: $74,500
3rd Wayne
Event,
scaled to
max.
sentence
exposure
1994
Prelim.: $90 - $190
Arraignmt.: $40 - $90
Invest./prep.: $110 $250
Plea: $110 - $250
Motion: $60 - $130
Evid. Hrg.: $80 or $160
Cal. conf.: $50
Final conf.: $40 - $90
Trial, half-day: $90 $190
Trial, full-day: $180 $380
Sentencing: $60 - $130
Additional for
experts: $300
(interview and
eval.); $150 court
appearance
Jail visits: $50,
max. of 2 visits
in capital case
Show-ups:
$50/hr
New rules on assignments (AO
1998-7).
Limits placed on number of
assignments per attorney;
judges not to assign relatives.
4th Jackson
Contract/
Event
with 6
firms (10
1997-98,
two-year
Formula divides case
assignments, each firm
to get percentage of
murder, capital, non-
Additional for
transcripts,
witness fees,
mileage, service,
Includes paternity
determination, FOC contempt,
PPO defense.
Firms receive monthly draw
attnys)
4th Jackson
continued
capital and
miscellaneous
polygraph,
psychiatric
exams, with
court approval
(total of $27,500 for 5 firms), to
be applied against fees earned.
Receive additional over draw
upon court approval; refund
excess at contract end.
Event fees increase in
1998
Capital case: $805
Non-capital: $380
Trial fee: $205
Paternity, prob.
Violation, juvenile
review hearing,
habeas corpus: $170
PPO violation: $250
FOC nonsupport: $160
Additional for
mileage
Travel outside
county to
interview
defendant or
witness, with
approval: $115
Premium for prison cases: $175
Interloc. appeal by pros.: $620
Interloc. appeal by def.: $335
Oral arg.. on interloc.: $205
Additional for successful
defense motion resulting in
dismissal: $205.
No additional for habitual
offender.
5th Barry
Contract
with
attny.
group
1998
Approx. $7440/yr for
each of 9 attnys. on list
for serious cases;
$3720/yr for each of 5
attnys. on less-serious
list. Covers
misdemeanors,
felonies, non-support,
paternity, probation
viol.
Ordinary office
expenses
included;
additional for
experts, with
court approval.
List rotates with cases carrying
points according to offense
type, administrator balances
points among attorneys to
equalize annually. Time
actually spent on case does not
change points allocated.
6th Oakland
Event
1997
Felony disp. no
prelim., less than life:
$410
Felony disp.
w/prelim., less than
life: $500
Felony with life max.:
$710
Ordinary office
expenses
included;
additional for
experts, with
court approval.
No additional fee for motions,
pretrials, adjournments.
Day of trial, less than
life: $250
Day of trial, life max.:
$360
One-half the normal fee for
subsequent case of same
defendant.
7th Genesee
Event
1994
7th Genesee
continued
Jail visit, less than life
(one only): $65
Jail visit, life max. (up
to 6): $65
Lineups: $75
Probation violation: $100
Polygraph: $100
Extradition: $100
District Ct. Remand: $180
PPO Violation: $100
Day of hearing, less
than life: $250
Day of hearing, life
max.: $360
No extraordinary fees on noncapital cases. No more than
twice the schedule on capital
cases.
AOI, written brief, or
sentencing: $100
Guilty plea pre-trial:
$200
Guilty plea day of
trial: $50
Hearing on motion:
$75
Brief authorized by
judge: $100
Trial prep.: $200
Additional for
"extraordinary
services," with
court approval
Approx. 90 attorneys on list.
No max. fee per case.
Trial on cap. case:
$300/day
Trial on others:
$250/day
Jail visit: $50
8th Ionia
Montcalm
Hourly
1994
Inmate cases: $65/hr.
Non-inmate cases:
$60/hr
9th
Kalamazoo
Event/
hourly
contracts
with four
groups
1998
Contracts with
attorney groups
divided by offense
penalty (felony over 5
yrs., felony under 5
yrs., probation
violation and
paternity).
Over 5 yrs.: $648 base,
plus $505 for life
offense, plus $357 for
murder. $390 for full
Additional, with
court approval
Additional $39
per case for
investigation.
Additional
$150 for representing witness
claiming Fifth Amendment.
Attorneys pay postage and
photocopying (other than police
10th
Saginaw
Hourly
11th
Alger
Luce
Schoolcraft
Hourly
12th
Baraga
Houghton
Keweenaw
Hourly
13th
Event &
Approx.
1988
day of trial; $195 half
day. $299 for district
court disposition.
"reasonable
expenses" for
medical and
legal records,
filing fees,
copying of police
reports, expert
witness exams
and testimony
fees. Additional
for special
expenses (deps,
special
investigators)
reports).
No additional for evidentiary
hearings.
15 attorneys in group.
Under 5 yrs: $353
base, plus $282 for full
day of trial; $141 half
day. $190 for district
court disposition.
same
same
13 attorneys in two groups.
PV/paternity: $198
each case; $113 each
pv. involving only
sentencing.
$22 each case
assigned for
investigative
services.
4 attorneys in group.
Life offenses: $4050/hr. outside court;
$60/hr. in court; $500
per trial day; $250 per
half-day.
Additional for
office expenses
(postage,
copying, etc.);
experts with
court approval
Non-life offenses:
$35/hr.; $350 per trial
day; $175 per half-day.
same
$40/hr.
Additional for
mileage, phone,
copying, experts,
with court
approval
$45/hr.
1998
Interview and prep.:
Approx. 8 attorneys on list.
4 attorneys on list.
Additional, upon
$30/hr. for interlocutory appeal
Antrim
Grand
Traverse
Leelanau
Hourly
$200
Prelim. waived: $50
Prelim. held: $100
Pre-trial conf.: $50
Hearing on motion:
$100
Lineup: $50
approval, for
records, witness
fees,
photocopying
and photos,
filing and service
fees
Case definition includes
habitual offender and felony
firearm.
12 attorneys on list.
Contract covers felonies,
contempt.
Conflicts attnys. paid $40/hour,
paid from county's
miscellaneous contingency fund
(up to $40,000).
Plea: $150
First day of trial: $500
Each subseq. day: $150
Sentencing: $100
FOC show
cause/patern./prob.
viol.: $200
Capital cases at
$50/hr.
14th
Muskegon
Contract
with 4
attnys.
1997
Total contract of
$401,300, divided 4
ways ($193,000,
$92,500, $92,500,
$23,300)
Office expenses
included.
Additional for
subpoenas,
witness fees.
Additional for
experts with
approval of chief
attorney on
contract.
15th Branch
Contract
with 2
attnys.
1997-98
(2-year)
In 1997, $50,000/year
to each; in 1998,
$48,000/year to each.
Covers felonies,
misdemeanors,
lineups,
interrogations,
extradition, probation
violations, paternity;
excludes appeals, nonsupport, inmate cases.
Additional for
"all necessary
expenses"
including
witness fees,
transcripts,
mileage,
copying, phone.
Additional in life
offenses, when
hours over 15, at
hourly rate of
$50, with court
approval.
16th
Event
1993
Invest. and prep.: $100
Additional for
Hourly for extradition and
Macomb
Prelim. waiver: $50
Prelim. full day: $150
Prelim. half day: $100
Plea or dismissal: $100
AOI: $50
Pretrial conf.: $75
Motion prep.: $100
Motion arg:. $75
Evid. hearing: $100
investigator or
expert with court
approval.
misc.: $25/hr.
Paternity trial: $100 half-day,
$200 full-day.
PD Office (15 attnys.)
handles 60% of cases,
up to 2,500 nonmurder and 10
murder, for $1,355,150.
Prob viol: $100
Additional over 2,500
cases: $534.06 for nonmurder case, $2,000
for murder case.
Additional for
expert witnesses,
transcripts, with
court approval.
Approx. 40 attorneys holding
annual contracts.
Private attnys. contract
for up to 50 cases each
at $510 per case.
Lineup: $100
Additional for
investigation,
expert witnesses,
extra fees, with
court approval.
Guilty plea circ. ct.:
$250
Trial in cap. case:
$450/day
Trial other cases:
$300/day
Sentencing: $100
Prob. viol.: $75
17th Kent
Contracts
with
Public
Defender
and
private
attnys.
1998
18th Bay
Public
Defender
Office
1998
19th Benzie
Contract
with 4
attnys.
Contract
with 6
attnys.
1998
Manistee
1998
Conflicts cases pay $40-50/hr.
14 attorneys on conflicts list.
Approx. $465 per
felony.
Additional for
long dist. phone,
mileage,
transcripts, other
"out of pocket."
Includes felonies, paternity,
FOC contempt, PPOs, juvenile
delinquency and abuse or
neglect, probation violation.
Additional "reasonable"
payment for interlocutory
appeal.
Additional for trials exceeding
one week, with court approval.
20th Ottawa
Hourly
1994
Ranges from $50 $70/hr., depending on
attny.
21st
Isabella
Contract
with 6
attorneys.
1997-98
$250,000 per year.
Additional for
police reports,
med. records,
experts, deps.,
invest., med.
tests, transcripts,
mileage, filing,
witness and
service fees, with
court approval.
Contract cap of 1,250 cases
annually; $200 per case over
cap. Includes mental
commitments and local
speaking engagements.
22nd
Washtenaw
Public
Defender
Office. (13
attnys.)
Event
1998
PD has budget.
Fee schedule for
conflicts attnys.
Plea without prelim.:
$750
Plea with prelim.: $900
Trial up to 3 days:
$3000
Trial days after 3:
$450/day.
Reasonable and
actual expenses
over caps up to
$100; no travel
time. Includes
actual expenses
for out-of-county
visits.
45 attorneys on Class I conflicts
list.
23rd
Iosco
Contracts
with 3
attnys.
1997-98
$22,408 each
Additional, with
court approval.
Includes probation violations,
paternity and contempt actions,
all district court, lineups.
$2,000 premium for murder
case.
Oscoda
Hourly
1998
$45/hr.
Additional for
reasonable costs.
4 attorneys on assignment list.
24th Sanilac
Hourly
Approx.
$50/hr.
Included in
Approx. 13 attorneys on list.
16 attorneys on list.
1991
hourly rate;
additional for
experts with
court approval.
25th
Marquette
Hourly
1998
$40/hr.
26th
Public
Defender
Office (4
attnys.)
1998
County-budgeted
Alcona
Alpena
Montmor.
Presque Isle
Premium of $75/hr. for prison
cases.
26 attorneys on list (combined
trial and appellate).
Compensate only for highest
monetary event, if more than
one on scheduled appearance.
1998
Event (for
conflicts
cases)
Additional for
mileage and
other.
Arraignment: $55
Pre-exam visit (one
only): $50
Prelim. held: $150
Prelim. waived: $100
Invest. & prep. for
plea, capital: $250
Invest. & prep. for
plea, non-capital: $150
Invest. & prep. for
trial, capital: $500
Invest. & prep. for
trial, non-capital: $350
Written motion &
argument: $75
Hearing: $75
Day of trial, capital:
$225
Day of trial, noncapital: $150
Plea: $100
Non-frivolous motion for new
trial: $125
Sentencing: $75
27th
Newaygo
Contract
with 2
firms
1998
Firm #1 (50%): $36,360
Includes paternity, nonsupport,
juvenile abuse, neglect,
delinquency, guardianships,
mental health cases.
Firm #2 (50%): $36,360
Oceana
Firms to split unexpended
"contingency fund" of $7,364.
28th
Hourly
1998
$45/hr.
Additional
5 attorneys on list.
Contract
with 3
attnys.
1998
$31,521 each, divide
cases equally
Additional for
long-distance
phone, mileage,
appeal
transcripts.
May petition for more if trial or
hearing exceeds one day.
Hourly
1982
$50/hr.
Additional for
phone, copying;
experts with
court approval.
19 attorneys on list.
Gratiot
Hourly
Approx.
1995
$50/hr.
Additional for
phone, copying;
experts with
court approval
7 attorneys on list.
30th Ingham
Hourly
and event
1998
Life offenses (not
habituals): $60/hr. in
and out of court,
excluding arraignmt.
Long distance
phone excluded;
additional with
court approval.
10 yrs – life by event:
Additional with
Missaukee
Wexford
29th
Clinton
Contract includes probation
violations.
Extraordinary hours with court
basic fee: $105 or $130
court approval.
approval, max. of $35/hr.
Additional with
court approval.
36 attorneys on list.
Prelim.: $110
Prelim. waived: $55
Dist. Ct. pre-trial: $35
Dist. Ct. plea: $110
Circ. Ct. pretrial: $40
Circ. Ct. pretrial &
plea: $90
Pros. motion: $40
Trial: $165 full, $85
half-day
Sentencing: $60
Under 10 yrs. by
event:
Basic fee: $75 or $105
Prelim.: $85
Prelim. waived: $40
Dist. Ct. pre-trial: $35
Dist. Ct. plea: $90
Circ. Ct. pretrial: $40
Circ. Ct. pretrial &
plea: $80
Pros. motion: $40
Trial: $140 full, $70
half-day
Sentencing: $50
31st St. Clair
Hourly
1998
$69 per hour; reduced
to $65 on 6-1-98
32nd
Gogebic
Ontonagon
Contract
with 1
attny.
1998
$57,000 annual fee,
covers district and
circuit court excluding
juv. delinquency, child
neglect/abuse,
appeals
Additional for
witness and
process fees.
Investigator,
deposition,
transcript,
medical and
psych evals. only
with court
approval.
Overhead (including copying,
postage) included in contract.
Attorney has duty to advise
court of non-privileged
financial info. of clients relating
to indigency claim.
Costs of conflicts counsel offset
against contract.
33rd
Charlevoix
Contract
with 4
attnys.
1998-00,
(3-year)
$132,900 for 1998
$137,400 for 1999
$141,900 for 2000
Most included,
but additional
for expert
witnesses,
polygraph
exams,
psychiatric
exams and
investigation,
upon approval.
Additional for
long distance
phone.
Includes misdemeanants facing
jail, appeals to circuit court,
probation violations, youthful
trainee act, paternity, family or
contempt facing jail,
extradition, remands from
higher courts.
Consortium provides attny. for
motion days, FOC show cause
hearings.
Consortium pays conflict
attnys. from contract.
34th
Hourly
Approx.
1985
$45/hr.
Ogemaw
Contract
with 5
attnys.
1997-98
(2-year)
Monthly payments
from $2560 to $6824
Includes abuse and neglect,
prob. viol., paternity, lineups.
Excludes homicide cases.
Courts each responsible to pay
31.3% (circuit); 42.3 %(district);
26.4% (probate).
Roscommo
n
Contract
with 5
firms
1998-1999
(2-year)
3 firms at
$2060/month;
Includes paternity, probation
violation, contempt. Additional
over contract for "services
Arenac
2 firms at
Additional, with
court approval.
$1545/month
35th
Shiawassee
Hourly
Approx.
1995
$50/hour
rendered" on murder case.
Additional, with
court approval.
6-8 attnys. on list.
Phone, postage
and mileage
excluded.
36th
Van Buren
Hourly by
crime
type
1996
Mand. Life:
$65/hr./trial time
Pay at rate of crime originally
charged.
Base fee of $1,600
Trial time added to base fee and
preparation time.
Life, other mand., over
15 years: $55/hr./trial
time
Lineups at $50/hr. where no
continuing representation.
Base fee of $550
36th
5 to 15 years:
$50/hr./trial time
Van Buren
Felonies not leaving district
court: $175 flat fee.
Base fee of $375
continued
Under 5 years:
13 attnys. on 1998 list.
$45/hr./trial time
Base fee of $325
Prep. time all crimes:
$175
37th
Calhoun
Contracts
with 12
attnys.
1996-99
6-attorney group does
750 cases/yr. for
$17,625/month; 5
attorneys each do 200
cases/yr. for
$4,700/month each; 1
attorney does 100
cases/yr. for
Additional for
transcripts,
witness fees,
mileage for
witnesses,
service of
process.
Polygraphs,
Attorneys absorb usual costs of
maintaining a law office.
Contracts each cover felonies,
paternity, probation violation,
lineups.
$2350/month. Annual
adjustment for
under/overage based
on $375 per case.
psych. exams for
defendants,
expert witnesses,
upon court
approval.
In addition to per case
payment, trial time
paid at $450/day,
$225/half-day.
38th Monroe
Hourly
1991
$52/hr.
Additional for
fees, postage,
copying.
Approx. 40 attnys. on list
Expert
witnesses,
investigators
with court
approval.
39th
Lenawee
40th Lapeer
Contract
with 3
attnys.
Event
1998
$2,060/month for each
attny.
Additional trial days
over 2: $260/day, $130
half-day.
1996
Base fee in felony: $175
Base fee in misd.: $125
Prelim: $150, plus $75
for each add'l. half day
40th Lapeer
continued
Prelim. waived: $35
AOI: $35; waiver: $20
Contested motions:
$100 for first half day;
$75 each add'l. half
Additional for
witness fees,
long distance
phone, mileage,
transcripts.
List of 3 attnys. rotates in blind
draw.
Included for
ordinary travel,
phone;
additional upon
court approval.
No additional for motions
heard during trial.
Contract covers felonies, prob.
viol., extradition, contempt,
paternity.
day
Lineup: $100
Plea: $35 at arraign.;
$50 other than at
arraign.
Pre-trial (up to 3): $35
Trial on capital case:
$500 first day, $150
each add'l. half day
Non-cap: $300/$100
Sentencing: $50
Probation arraign. and
plea: $35 each; trial at
$100 first half-day, $75
each add'l. half day.
Paternity hearings:
$50/hr.; trial $300 first
day, $100 each add'l.
half day.
41st
Contract
with 4
attnys.
1998
$11,759 each for 1998
Additional for
investigators and
experts only,
upon application
Iron
Contract
with 2
attnys.
1998
$9,455 each for 1998
same
Menominee
Contract
with 4
attnys.
1998
$38,958 each for 1998
same
42nd
Midland
Contract
with 1
attny.
operating
"consortiu
m" of
attnys.
1997-00
(3-year)
Total 3-year contract
of $595,000 for circuit
court level; $160,000
for district court level.
Dickinson
No additional fees for
substitutions. Judges to
equalize work load.
In 1997, 66 prob. viol. and 326
felony defendants (total of 392).
Approx. $100 per pv and $563
per felony defendant. 8 trials in
1997.
43rd Cass
44th
Livingston
Contract
with 2
attorneys
1996-99
Contracts
with 3
attorneys
1998
3-year
Monthly fee of $6,042,
each
Additional for
experts upon
court approval.
Reserve fund of $50,000 for
conflict assignments; split
between contract attorneys if
unused.
1 attorney for 400
cases @ $540/case; 2
attorneys for 50 cases
each @ $560/case.
Additional for
experts, testing
depositions,
transcripts,
travel. Office
expenses
included.
Contracts include
misdemeanors, felonies, prob.
viol., response to pros. circuit
court appeals.
Additional for
after hours or
weekend lineups
or
interrogations,
remands from
appellate courts,
with approval of
prosecutor and
county
administrator.
Other expenses
included in
contract.
Contract attorneys serve on list
which rotates weekly.
44th
Livingston
Additional for cases over
contract limit: $180 each for
prob. viol., $680 each for others.
continued
45th St.
Joseph
46th
Crawford
Contract
with 10
attnys.
1997-99
(3-year)
$200,000 for each year;
covers misdemeanors,
felonies, probation or
parole violations,
paternity, juveniles.
Contract
with one
firm
1997-98
(2-year)
Monthly fee of
$24,167; covers
felonies, juveniles,
abuse & neglect,
probation violation.
Hourly
Approx.
1990
$40/hr.
Kalkaska
Court must approve
subcontractors. Contract
includes up to 10 appeals to
circuit court.
Otsego
47th Delta
Attorneys charged with
attempting to persuade clients
to follow through with payback
agreements (compensate county
for attny. fees).
Additional for
expert witnesses,
office expenses,
with court
approval.
48th Allegan
Hourly
1985
Primary attorney:
$55/hr.
Additional with
court approval.
Separate contract covers
juvenile cases.
Additional for
witness fees,
long distance
phone, copying,
postage, annual
administrative
costs, up to 6 jail
visits.
Hourly ($70) for prob. viol.,
paternity, contempt, etc.
Other attnys:
$47.50/hr.
49th
Mecosta
Contract
with 1
attny.
(eventbased)
1997
(1-yr)
Case resolved at dist.
ct. level: $175 - $250
Case resolved at cir. ct.
level: $300 – $400
Trial first day: $450
Trial subseq. days:
$350
Research & brief prep.:
$70/hr.
Osceola
49th Osceola
Contract
with 1
firm, 1
add'l.
attny.
1997
Public
Defender
Office (2
attorneys)
1997
(1-yr)
continued
50th
Chippewa
$85,000 annual for 180
felony and paternity
cases
Switch to hourly ($70) if case
takes more than 4 days in trial
or if max. is life.
Invest. and other
services with
court approval.
Additional for
evaluations,
blood tests,
copying,
transportation,
investigation,
long distance
phone, experts,
with court
approval.
Switch to additional hourly
($70) if capital case takes more
than 10 hours work.
Included in PD
budget,
additional for
contract cases.
Conflicts cases pay $37.50/hr.
for felonies; $50/hr. for prison
cases.
6 attorneys on conflicts list,
approx. 2 cases per month.
PD handles misdemeanors &
felonies.
Mackinac
Hourly
1998
$40/hr.
Additional
6 attorneys on assignment list.
51st
Contract
with 3
attnys.
1998
$2250/month for each
attny.
Contract
includes "office
costs."
Contracts cover misdemeanors,
prob. viol., juv. delinquency,
neglect and abuse, felonies.
Contract
with 1
attny., 1
firm.
1998
Misdemeanors:
$20,040/yr.
Additional for
out-of-pocket,
such as longdistance phone
(misdemeanors).
Additional for
experts, testing
and diagnosis,
with court
approval;
secretarial,
investigative and
office expenses
excluded
(felonies).
Additional for
transcripts and
witness fees
(felonies).
Contractors must reserve $1000
to pay conflicts attorneys.
52nd Huron
Hourly
1996 or
1997
$50/hr.
Additional for
investigation
and witnesses,
with court
approval
53rd
Cheboygan
Hourly
for capital
cases
1994
$70/hr. for capital
cases
Additional for
witness fees,
others upon
petition.
Lake
Mason
Felonies: $27,000/yr.
each to attny. & firm.
Additional $250/day
for each day of trial
exceeding two.
Judge to determine if fees
reasonable.
Includes probation violation.
5 attorneys on list.
53rd
Cheboygan
Event for
noncapital
cases
1994
AOW or 1st client
conference: $70
Prelim. waived: $60
Prelim. held: $100
continued
Dist. Ct. plea: $70
AOI: $70
Line-up: $70
Trial prep.: $100 or
$150
Hearing w/testimony:
$100
Day of trial: $120
Sentencing: $70
Probation viol.: $100
Cir. Ct. plea: $70
Post-trial motion: $70
54th Tuscola
55th
Hourly
Event
Clare
Approx.
1991
Out-of-court: $55/hr.
Approx.
1997
Prep time if tried: $400
Gladwin
In-court: $75
Trial: $300/day
Additional, with
court approval.
Additional, with
court approval
Assaultive crimes:
$400
Non-ass. crimes: $300
CSC: $425
56th Eaton
Hourly
1978
All cases: $40/hr.
Additional
45 attnys. on 1997 list
57th Emmet
Contract
with 4
attnys.
1996-98
(3-year)
$155,000 for 1996;
$160,000 for 1997;
$165,000 for 1997.
Additional for
witness fees,
polygraphs,
psych. exams,
investigator,
photos, exhibits,
phone, with
court approval.
Conflicts attny. costs offset
against contract.
Covers felonies,
misdemeanors,
appeals to circuit
court, prob. viol.,
Consortium agrees to provide
"sufficient hours of attorneys'
work to perform the
professional services required
by this contract," with time
paternity, contempt,
lineups, showups,
interrogation,
extradition.
Additional
(without motion)
for postage,
transportation to
some jails.
records provided to county.