J. B. MURPHY, JR., APPELLANT,
v.
ESCAMBIA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE STATE OF FLORIDA, APPELLEE
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A court-appointed attorney challenged the reasonableness of his fee ($1,085) for representing a criminal defendant in a first-degree murder case that resulted in a nolle prosequi. The trial court applied a county fee schedule capping fees at $1,000, but the appellate court held that rigid fee schedules violate statutory requirements for individualized reasonableness determinations and reversed for a new hearing.
The court reversed and remanded, holding that inflexible fee schedules violate the statutory requirement that court-appointed attorneys receive 'reasonable compensation as determined by the court' based on individualized analysis of each case. While appointed attorneys are not entitled to fees commensurate with private practice rates, the fee must be determined through a reasonableness inquiry considering all relevant factors, not through application of a rigid schedule.
[1] A court-appointed attorney is entitled to reasonable compensation for services rendered, not compensation commensurate with voluntary attorney-client relationships.
[2] Judicially-imposed, inflexible fee schedules for court-appointed attorneys are disfavored and contravene legislative intent to allow individualized analysis of fees.
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Join FLexlaw to unlock all legal intelligence“If the court appoints an attorney other than the public defender, the attorney shall be allowed reasonable compensation for representing the defendant, as determined by the court.”
Statutory language establishing the 'reasonable compensation' standard that requires individualized judicial determination rather than application of rigid schedules.
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Join FLexlaw to unlock all legal intelligenceAppellant Murphy, a court-appointed attorney, represented a defendant charged with first-degree murder in Escambia County. Murphy spent 51.5 hours on …
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PER CURIAM.
Appellant disputes here the reasonableness of a fee he received for his services as a court-appointed attorney to a criminal defendant charged with first degree murder in Escambia County. Appellant testified that he spent 51V2 hours in the representation of the client; and that his efforts produced a nolle prosequi of the charge against the defendant. Appellant’s experts, after reviewing the file on the case, estimated a reasonable fee to be between $5,000 and $7,000. The court awarded $1,085, apparently in accordance with a recommended schedule sent out by the Escam-bia County Administrative Judge which provided that fees in court-appointed cases were to be computed on the basis of $20 per hour for office and $30 per hour for court time, and that the maximum would be $1,000 “except in unusual circumstances.”
The relevant statute, Section 925.035, Fla. Stat. (1977), now provides:
“If the court appoints an attorney other than the public defender, the attorney shall be allowed reasonable compensation for representing the defendant, as determined by the court.”1
Appellant contends that his fee was not reasonable because (1) it did not match his experts’ testimony and (2) because it was set in accordance with a maximum fee schedule adopted arbitrarily by the Escam-bia County circuit judges without authorization from the Legislature. The county responds that the judge did not necessarily set the fee according to the schedule, since it was $85 over the recommended maximum. The county also points out that it was not given the opportunity to cross-examine appellant’s experts, or produce its own, because it was not given notice of the hearing on appellant’s fee and indeed did not come into the matter until appellant served his motion for rehearing on the county after the first hearing had already been held. Appellant served the State Attorney with notice of the original hearing but not the county.
We find merit in both parties’ arguments. The county was clearly denied due process when appellant failed to notify it of the original fee hearing. The State Attorney, with no responsibility for paying the fee, did not appear at the hearing; what resulted then was essentially an ex parte proceeding at which appellant presented the testimony of himself and his own experts.
Appellant was entitled to a “reasonable” fee, not one set in accordance with a judicially-imposed schedule. Inflexible fee schedules are not currently favored in the law. Goldfarb v. Virginia State Bar, 421 U.S. 773, 95 S.Ct. 2004, 44 L.Ed.2d 572 (1975). The Legislature in eliminating the maximum fee of $750 and providing that compensation in such cases be “reasonable ., as determined by the court” intended an individualized analysis of the appropriate fee by the trial judge in each particular case. To allow a schedule to dictate the fee would contravene this intent.
Nevertheless, “Attorneys rendering services pursuant to appointment by the court as assistant public defenders . should not expect, nor are they entitled as a matter of right to receive compensation in amounts commensurate with that which would normally be paid for similar services emanating from a voluntary attorney-client relationship.” Gant v. State, 216 So. 2d 44 (Fla. 1st DCA 1968). We therefore reverse the judgment and remand the case for a de novo hearing on a “reasonable” fee with proper notice to all interested parties and with proper consideration to all factors bearing on the question of “reasonable” compensation on the facts presented.
REVERSED and REMANDED.
MILLS, Acting C. J., and ERVIN and MELVIN, JJ., concur. . There was formerly a $750 maximum fee in court-appointed cases. Section 925.035, Fla. Stat. (1975). The change to a “reasonable” fee was made in Ch. 76-287, Laws of Florida, effective October 1, 1976.
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Olen W. Meredith v. ST. Johns Cnty., 365 So. 2d 740 (Fla. 1st DCA 1978)…us statutory maximum and the plea of appointed counsel that the fee awarded below, amounting to $11.12 per hour, is clearly unreasonable, and with both considerations in mind, including the recent decision of this Court in Murphy v. Escambia County, 358 So. 2d 903 (Fla. 1st DCA 1978), we hold that the sum of $6,500 for services at the trial level be awarded as an amount constituting the minimum fee that can be justified as reasonable under the facts here. Accordingly, the order sought to be reviewed is REVER…
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Brevard Cnty. v. Hammel, 575 So. 2d 772 (Fla. 5th DCA 1991)…d a motion for attorney’s fees, a copy of which was mailed to the county attorney. However, the day after the motion was filed and mailed, the trial court entered an order granting the motion without holding a hearing. In Murphy v. Escambia County, 358 So. 2d 903 (Fla. 1st DCA), cert. dismissed, 362 So. 2d 1052 (Fla.1978), the court held that the trial court erred in requiring a county to pay the attorney’s fees of an indigent defendant’s court-appointed attorney when the county was not given notice of the h…
Authorities Cited
- Goldfarb et ux. v. Va. State BAR (W.D. Pa. 1975)
- Gant v. State, 216 So. 2d 44 (Fla. 1st DCA 1968)