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Higher waiver available for juvenile court attorneys

As of July 1, court-appointed lawyers who defend juveniles in serious felony cases can receive an additional $650 for that representation.

Before legislation sponsored by Sen. Kenneth W. Stolle, R-Virginia Beach, and Del. Christopher K. Peace, R-Hanover, passed in this session of the General Assembly, the attorneys could be paid no more than $240 – the basic fee of $120 plus an additional $120 if the court granted a waiver because the case required additional time and effort – no matter how difficult or serious the charge.

The new legislation allows attorneys to get as much as $770 – the $120 basic fee plus $650 – in a case in which the possible punishment is 20 or more years.

Attorneys are paid $90 per hour up to the fee cap set by the legislature. In 2007, the General Assembly provided for waivers of up to $1,235 for the most serious felonies in circuit court and for an unlimited waiver in cases that required an extraordinary amount of time and effort.

Those waivers require more documentation than court-appointed attorneys were accustomed to providing, and proponents of higher pay for the representation of indigent defendants have been disappointed that more attorneys did not request the waivers during the 2008 fiscal year.

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