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RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

ADMINISTRATIVE RULES 35 TO 59

Rule 48. Counsel Fees and Expenses -- Other Indigent Cases and Parental Notification Cases

The provisions of this rule shall apply only to preparation for and proceedings in all courts in which counsel is appointed to represent indigent persons, other than criminal defendants, and indigent witnesses in appropriate circumstances, and minors (whether or not indigent) in parental notification cases under RSA 132:34. This rule refers to, but is not limited to, juvenile cases in the district court, guardianships under RSA chapter 464-A, termination of parental rights (TPR) under RSA chapter 170-C, and involuntary admissions under RSA chapter 135-C in the probate court and district court.

(1) Itemization of Bills. All bills related to fees and expenses must be itemized as to the time spent and expenses incurred on each case, and there shall be no separate charge for overhead.  A copy of the Notice of Appointment of Counsel order on appointment or other supporting document must be attached to the bill with each submission.

(2) Fees. Maximum compensation is limited as follows:

    (a) Time properly chargeable to case: $60 per hour. The paralegal hourly rate shall not exceed $35.00 and shall be included with fees of counsel for the purposes of determining the maximum fee on any case. Travel time is not a compensable event unless expressly authorized by the court in advance for exceptional circumstances.

    (b) Maximum fee for all juvenile cases pursuant to RSA chapters 169-B, C, and D: $1,700.

    (c) De novo appeal of juvenile cases pursuant to RSA chapter 169-C: $1,400.

    (d) Maximum fee for guardianships under RSA chapters 463 or 464-A:

        (i) RSA chapter 463: $1,200;

        (ii) RSA chapter 464-A: $900.

    (e) Maximum fee for annual review hearings for guardianships: $300.

    (f) Maximum fee for TPR cases pursuant to RSA chapter 170-C: $1,700.

    (g) Maximum fee for involuntary admissions under RSA chapter 135-C: $600.

    (h) Appeals to the supreme court, other than parental notification cases, in all juvenile cases and any matters within the subject matter jurisdiction of the probate court: $2,000.

    (i) Maximum fee for court review hearings of juvenile cases pursuant to RSA 169-B and D: $300.

    (j) Maximum fee for parental notification cases pursuant to RSA 132:34, excluding any appeal to the supreme court: $1,000.

    (k)  Maximum fee for appeals to the supreme court in parental notification cases pursuant to RSA 132:34: $500.

Only upon express, written finding for good cause and exceptional circumstances by the court will the maximum fees be exceeded or will additional fees be authorized.

 In any case filed before July 12, 2011, any petition to exceed the maximum fee guidelines must be approved prior to the guidelines being exceeded; provided, however, that the court may waive the requirement for prior approval when justice so requires.

In any case filed on or after July 12, 2011, any petition to exceed the maximum fee guidelines must be approved prior to the guidelines being exceeded.  In any such case, fees in excess of the maximum compensation in this rule will be paid only if the administrative judge of the circuit court or the chief justice of the superior court, as the case may be, certifies the good cause and exceptional circumstances justifying the excess fees.

When counsel represents more than one client on any particular day, the hours spent shall be allocated accordingly. Representation of more than one client on the same day and in the same court shall be noted on the bills submitted. All bills shall be reviewed by the judge who presided over the case, if practicable.

The adequacy of the rates prescribed by this rule may, upon request of the supreme court, be reviewed periodically by the advisory committee on rules.

(3) Expenses - Reimbursable. Investigative, expert, or other necessary services may be compensated only upon a finding of necessity and reasonableness by a justice of the appropriate court, made prior to said expense being incurred.

    (a) Except for those services for which rates are established by the supreme court, the presiding justice may consider, but shall not be bound by, the prevailing rates or any rates established by a licensing agency or professional association in approving fees for services specified above.

    (b) Rates for stenographers and deposition services shall be established by the supreme court. The cost of copies of depositions and transcripts shall be fifty cents (.50) per page.

    (c) Rates for the services of interpreters for all parties and the court shall be established by the supreme court.

    (d) No cost for investigative, expert, or other necessary services as initially approved may be exceeded prior to a subsequent finding of necessity by a justice of the appropriate court.

    (e) All bills for investigative, expert, or other necessary services shall be reviewed by the judge who presided over the case, if practicable.

    (f) Attorneys shall be reimbursed for the mileage expenses incurred in representing their client at the standard mileage reimbursement rate currently allowed by the Internal Revenue Service.  Requests for reimbursement of mileage expenses shall specify the actual number of miles traveled.

    (g) The expense of telephone calls shall not be reimbursed.

    (h) In cases appealed to the supreme court, attorneys shall be reimbursed for the actual reasonable costs (not including labor) of reproducing and binding the notice of appeal or other appeal document, any appendix and briefs, whether done in-house or by an outside printer.

    (i)  No reimbursement will be paid for overhead expenses including photocopies (other than as provided in subdivision (3)(h) of this rule), postage, fax and secretarial services.

(4)  Deadline for Filing Bills with Court. All bills related to fees and expenses must be submitted no later than sixty days after the close of the case.  The court may allow late filing for good cause shown, when justice so requires.

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