{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-163.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-163.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-163.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-163.html"}],"law_id":80860,"edition_id":1,"section_id":80860,"structure_id":15038,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","history":"Code 1950, \u00a7\u00a7 14.1-184, 14.1-184.1, 19.1-241.5, 19.1-241.11; 1964, cc. 386, 651, 657; 1968, c. 481; 1973, c. 316; 1975, c. 495; 1976, c. 553; 1980, c. 626; 1981, cc. 472, 486; 1985, c. 525; 1986, c. 425; 1987, c. 638; 1988, cc. 465, 472; 1989, c. 565; 1994, c. 451; 1995, cc. 571, 713; 1997, c. 492; 1998, cc. 440, 451; 2000, cc. 436, 448; 2001, c. 509; 2006, c. 332; 2007, cc. 938, 946; 2008, c. 760; 2009, c. 284; 2021, Sp. Sess. I, cc. 344, 345; 2023, cc. 228, 332; 2024, cc. 714, 770; 2025, cc. 73, 89.","full_text":"Upon submission to the court, for which appointed representation is provided, of a detailed accounting of the time expended for that representation, made within 30 days of the completion of all proceedings in that court, counsel appointed to represent an indigent accused in a criminal case shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia in a total amount not to exceed the amounts specified in this section, or other such amount as may be provided by law. Such amounts shall be allowed in any case wherein counsel conducts the defense of a single charge against the indigent accused through to its conclusion or a charge of violation of probation at any hearing conducted under \u00a7 19.2-306; thereafter, compensation for additional charges against the same accused also conducted by the same counsel shall be allowed on the basis of additional time expended as to such additional charges:\n\n1\n\nIn a district court, except as provided in subdivisions 2 and 3, (i) a sum not to exceed $330 or (ii) for a charge of violation of probation for any misdemeanor offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees provided under clause (i) or (ii) up to an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;2\n\nFor a misdemeanor charge in a district court for a violation of § 18.2-266, 18.2-266.1, 18.2-270, or 46.2-341.24, (i) a sum not to exceed $448 or (ii) for a charge of violation of probation for such a misdemeanor offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees provided under clause (i) or (ii) up to an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;3\n\nFor a juvenile charge in a district court, (i) a sum not to exceed $680 or (ii) for a charge of violation of probation for any offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees provided under clause (i) or (ii) up to (a) an additional $120 or (b) an additional $650 for an offense that would be a felony if committed by an adult that may be punishable by confinement in the state correctional facility for a period of more than 20 years or a charge of violation of probation for such offense when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;4\n\nIn a circuit court (i) to defend a Class 1 felony charge, compensation for each appointed attorney in an amount deemed reasonable by the court; (ii) to defend a felony charge that may be punishable by confinement in the state correctional facility for a period of more than 20 years or any felony violation of § 18.2-35, 18.2-36, 18.2-36.1, 18.2-41, 18.2-51, 18.2-67.3, 18.2-79, 18.2-80, 18.2-370, 18.2-370.1, or 18.2-371.1, a sum not to exceed $1,692, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees up to an additional $850 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver; (iii) to defend any other felony charge, except those described in clause (i) or (ii), a sum not to exceed $834, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees up to an additional $155 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver; (iv) for a charge of violation of probation for any felony offense, except Class 1 felonies, a sum not to exceed $445, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees up to (a) an additional $850 for a charge of violation of probation for any felony described in clause (ii) or (b) an additional $155 for a charge of violation of probation of any other felony when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver; (v) to defend a misdemeanor violation of § 18.2-266, 18.2-266.1, 18.2-270, or 46.2-341.24, a sum not to exceed $448 and to defend any other misdemeanor charge punishable by confinement in jail, a sum not to exceed $330; (vi) for a charge of violation of probation for any misdemeanor offense, a sum not to exceed $180; (vii) for a juvenile adjudication appealed from a district court, a sum not to exceed $680; or (viii) for a charge of violation of probation for any juvenile adjudication appealed from a district court, a sum not to exceed $180. In the event any case is required to be retried due to a mistrial for any cause or reversed on appeal, the court may allow an additional fee for each case in an amount not to exceed the amounts allowable in the initial trial. In the event counsel is appointed to defend an indigent charged with a felony that is punishable as a Class 1 felony, each attorney appointed shall continue to receive compensation as provided in this paragraph for defending such a felony, regardless of whether the charge is reduced or amended to a lesser felony, prior to final disposition of the case. In the event counsel is appointed to defend an indigent charged with any other felony, such counsel shall receive compensation as provided in this paragraph for defending such a felony, regardless of whether the charge is reduced or amended to a misdemeanor or lesser felony prior to final disposition of the case in either the district court or circuit court.\n\t\t\tCounsel appointed to represent an indigent accused in a criminal case, who are not public defenders, may request an additional waiver exceeding the amounts provided for in this section. The request for any additional amount shall be submitted to the presiding judge, in writing, with a detailed accounting of the time spent and the justification for the additional amount. The presiding judge shall determine, subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia, whether the request for an additional amount is justified in whole or in part, by considering the effort expended and the time reasonably necessary for the particular representation, and, if so, shall forward the request as approved to the chief judge of the circuit court or district court for approval. If the presiding judge determines that the request for an additional amount is not justified in whole or in part, such presiding judge shall provide to the requesting attorney, in writing, the reasons for such determination and shall, if such request has been approved in part, include a copy of such writing when forwarding the request as approved to the chief judge of the circuit court or district court for approval. If the chief judge of the circuit court or district court, upon review of the request as approved, determines, subject to the guidelines issued by the Executive Secretary of the Supreme Court of Virginia, that any part of the request for an additional amount is not justified, such chief judge shall provide to the requesting attorney and to the presiding judge, in writing, the reason for such determination.\n\t\t\tIf at any time the funds appropriated to pay for waivers under this section become insufficient, the Executive Secretary of the Supreme Court of Virginia shall so certify to the courts and no further waivers shall be approved.\n\t\t\tThe circuit or district court shall direct the payment of such reasonable expenses incurred by such court-appointed counsel as it deems appropriate under the circumstances of the case. Counsel appointed by the court to represent an indigent charged with repeated violations of the same section of the Code of Virginia, with each of such violations arising out of the same incident, occurrence, or transaction, shall be compensated in an amount not to exceed the fee prescribed for the defense of a single charge, if such offenses are tried as part of the same judicial proceeding. The trial judge shall consider any guidelines established by the Supreme Court but shall have the sole discretion to fix the amount of compensation to be paid counsel appointed by the court to defend a felony charge that is punishable as a Class 1 felony.\n\t\t\tThe circuit or district court shall direct that the foregoing payments shall be paid out by the Commonwealth, if the defendant is charged with a violation of a statute, or by the county, city, or town, if the defendant is charged with a violation of a county, city, or town ordinance, to the attorney so appointed to defend such person as compensation for such defense.\n\t\t\tCounsel representing a defendant charged with a Class 1 felony may submit to the court, on a monthly basis, a statement of all costs incurred and fees charged by him in the case during that month. Whenever the total charges as are deemed reasonable by the court for which payment has not previously been made or requested exceed $1,000, the court may direct that payment be made as otherwise provided in this section.\n\t\t\tWhen such directive is entered upon the order book of the court, the Commonwealth, county, city, or town, as the case may be, shall provide for the payment out of its treasury of the sum of money so specified. If the defendant is convicted, the amount allowed by the court to the attorney appointed to defend him shall be taxed against the defendant as a part of the costs of prosecution and, if collected, the same shall be paid to the Commonwealth, or the county, city, or town, as the case may be. In the event that counsel for the defendant requests a waiver of the limitations on compensation, the court shall assess against the defendant an amount equal to the pre-waiver compensation limit specified in this section for each charge for which the defendant was convicted. An abstract of such costs shall be docketed in the judgment docket and execution lien book maintained by such court. Notwithstanding any provision to the contrary, no person found indigent pursuant to § 19.2-159 who is represented by either a public defender or court-appointed counsel shall have fees assessed against him for his legal representation pursuant to this chapter in an amount greater than the amount such defendant would have owed if the assessment took place on or before June 30, 2024.\n\t\t\tAny statement submitted by an attorney for payments due him for indigent representation or for representation of a child pursuant to § 16.1-266 shall, after the submission of the statement, be forwarded forthwith by the clerk to the Commonwealth, county, city, or town, as the case may be, responsible for payment. Notwithstanding any provision to the contrary, if the court has determined such child’s parents or other persons responsible for his care to be indigent pursuant to § 19.2-159 and such child was represented by either a public defender or court-appointed counsel, no fee shall be taxed by the clerk against any such child in an amount greater than the amount the clerk would have taxed against such child if the assessment took place on or before June 30, 2024.\n\t\t\tFor the purposes of this section, the defense of a case may be considered conducted through to its conclusion and an appointed counsel entitled to compensation for his services in the event an indigent accused fails to appear in court subject to a capias for his arrest or a show cause summons for his failure to appear and remains a fugitive from justice for one year following the issuance of the capias or the summons to show cause, and appointed counsel has appeared at a hearing on behalf of the accused.\n\t\t\tEffective July 1, 2007, the Executive Secretary of the Supreme Court of Virginia shall track and report the number and category of offenses charged involving adult and juvenile offenders in cases in which court-appointed counsel is assigned. The Executive Secretary shall also track and report the amounts paid by waiver above the initial cap to court-appointed counsel. The Executive Secretary shall provide these reports to the Governor, members of the House Committee on Appropriations, and members of the Senate Committee on Finance and Appropriations on a quarterly basis.","order_by":null,"text":{"0":{"id":289846,"text":"Upon submission to the court, for which appointed representation is provided, of a detailed accounting of the time expended for that representation, made within 30 days of the completion of all proceedings in that court, counsel appointed to represent an indigent accused in a criminal case shall be compensated for his services on an hourly basis at a rate set by the Supreme Court of Virginia in a total amount not to exceed the amounts specified in this section, or other such amount as may be provided by law. Such amounts shall be allowed in any case wherein counsel conducts the defense of a single charge against the indigent accused through to its conclusion or a charge of violation of probation at any hearing conducted under \u00a7 19.2-306; thereafter, compensation for additional charges against the same accused also conducted by the same counsel shall be allowed on the basis of additional time expended as to such additional charges:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":289847,"text":"In a district court, except as provided in subdivisions 2 and 3, (i) a sum not to exceed $330 or (ii) for a charge of violation of probation for any misdemeanor offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees provided under clause (i) or (ii) up to an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":289848,"text":"For a misdemeanor charge in a district court for a violation of § 18.2-266, 18.2-266.1, 18.2-270, or 46.2-341.24, (i) a sum not to exceed $448 or (ii) for a charge of violation of probation for such a misdemeanor offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees provided under clause (i) or (ii) up to an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":289849,"text":"For a juvenile charge in a district court, (i) a sum not to exceed $680 or (ii) for a charge of violation of probation for any offense, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees provided under clause (i) or (ii) up to (a) an additional $120 or (b) an additional $650 for an offense that would be a felony if committed by an adult that may be punishable by confinement in the state correctional facility for a period of more than 20 years or a charge of violation of probation for such offense when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":289850,"text":"In a circuit court (i) to defend a Class 1 felony charge, compensation for each appointed attorney in an amount deemed reasonable by the court; (ii) to defend a felony charge that may be punishable by confinement in the state correctional facility for a period of more than 20 years or any felony violation of § 18.2-35, 18.2-36, 18.2-36.1, 18.2-41, 18.2-51, 18.2-67.3, 18.2-79, 18.2-80, 18.2-370, 18.2-370.1, or 18.2-371.1, a sum not to exceed $1,692, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees up to an additional $850 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver; (iii) to defend any other felony charge, except those described in clause (i) or (ii), a sum not to exceed $834, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees up to an additional $155 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver; (iv) for a charge of violation of probation for any felony offense, except Class 1 felonies, a sum not to exceed $445, provided that, notwithstanding the foregoing limitation, the court in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia may waive the limitation of fees up to (a) an additional $850 for a charge of violation of probation for any felony described in clause (ii) or (b) an additional $155 for a charge of violation of probation of any other felony when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver; (v) to defend a misdemeanor violation of § 18.2-266, 18.2-266.1, 18.2-270, or 46.2-341.24, a sum not to exceed $448 and to defend any other misdemeanor charge punishable by confinement in jail, a sum not to exceed $330; (vi) for a charge of violation of probation for any misdemeanor offense, a sum not to exceed $180; (vii) for a juvenile adjudication appealed from a district court, a sum not to exceed $680; or (viii) for a charge of violation of probation for any juvenile adjudication appealed from a district court, a sum not to exceed $180. In the event any case is required to be retried due to a mistrial for any cause or reversed on appeal, the court may allow an additional fee for each case in an amount not to exceed the amounts allowable in the initial trial. In the event counsel is appointed to defend an indigent charged with a felony that is punishable as a Class 1 felony, each attorney appointed shall continue to receive compensation as provided in this paragraph for defending such a felony, regardless of whether the charge is reduced or amended to a lesser felony, prior to final disposition of the case. In the event counsel is appointed to defend an indigent charged with any other felony, such counsel shall receive compensation as provided in this paragraph for defending such a felony, regardless of whether the charge is reduced or amended to a misdemeanor or lesser felony prior to final disposition of the case in either the district court or circuit court.\n\t\t\tCounsel appointed to represent an indigent accused in a criminal case, who are not public defenders, may request an additional waiver exceeding the amounts provided for in this section. The request for any additional amount shall be submitted to the presiding judge, in writing, with a detailed accounting of the time spent and the justification for the additional amount. The presiding judge shall determine, subject to guidelines issued by the Executive Secretary of the Supreme Court of Virginia, whether the request for an additional amount is justified in whole or in part, by considering the effort expended and the time reasonably necessary for the particular representation, and, if so, shall forward the request as approved to the chief judge of the circuit court or district court for approval. If the presiding judge determines that the request for an additional amount is not justified in whole or in part, such presiding judge shall provide to the requesting attorney, in writing, the reasons for such determination and shall, if such request has been approved in part, include a copy of such writing when forwarding the request as approved to the chief judge of the circuit court or district court for approval. If the chief judge of the circuit court or district court, upon review of the request as approved, determines, subject to the guidelines issued by the Executive Secretary of the Supreme Court of Virginia, that any part of the request for an additional amount is not justified, such chief judge shall provide to the requesting attorney and to the presiding judge, in writing, the reason for such determination.\n\t\t\tIf at any time the funds appropriated to pay for waivers under this section become insufficient, the Executive Secretary of the Supreme Court of Virginia shall so certify to the courts and no further waivers shall be approved.\n\t\t\tThe circuit or district court shall direct the payment of such reasonable expenses incurred by such court-appointed counsel as it deems appropriate under the circumstances of the case. Counsel appointed by the court to represent an indigent charged with repeated violations of the same section of the Code of Virginia, with each of such violations arising out of the same incident, occurrence, or transaction, shall be compensated in an amount not to exceed the fee prescribed for the defense of a single charge, if such offenses are tried as part of the same judicial proceeding. The trial judge shall consider any guidelines established by the Supreme Court but shall have the sole discretion to fix the amount of compensation to be paid counsel appointed by the court to defend a felony charge that is punishable as a Class 1 felony.\n\t\t\tThe circuit or district court shall direct that the foregoing payments shall be paid out by the Commonwealth, if the defendant is charged with a violation of a statute, or by the county, city, or town, if the defendant is charged with a violation of a county, city, or town ordinance, to the attorney so appointed to defend such person as compensation for such defense.\n\t\t\tCounsel representing a defendant charged with a Class 1 felony may submit to the court, on a monthly basis, a statement of all costs incurred and fees charged by him in the case during that month. Whenever the total charges as are deemed reasonable by the court for which payment has not previously been made or requested exceed $1,000, the court may direct that payment be made as otherwise provided in this section.\n\t\t\tWhen such directive is entered upon the order book of the court, the Commonwealth, county, city, or town, as the case may be, shall provide for the payment out of its treasury of the sum of money so specified. If the defendant is convicted, the amount allowed by the court to the attorney appointed to defend him shall be taxed against the defendant as a part of the costs of prosecution and, if collected, the same shall be paid to the Commonwealth, or the county, city, or town, as the case may be. In the event that counsel for the defendant requests a waiver of the limitations on compensation, the court shall assess against the defendant an amount equal to the pre-waiver compensation limit specified in this section for each charge for which the defendant was convicted. An abstract of such costs shall be docketed in the judgment docket and execution lien book maintained by such court. Notwithstanding any provision to the contrary, no person found indigent pursuant to § 19.2-159 who is represented by either a public defender or court-appointed counsel shall have fees assessed against him for his legal representation pursuant to this chapter in an amount greater than the amount such defendant would have owed if the assessment took place on or before June 30, 2024.\n\t\t\tAny statement submitted by an attorney for payments due him for indigent representation or for representation of a child pursuant to § 16.1-266 shall, after the submission of the statement, be forwarded forthwith by the clerk to the Commonwealth, county, city, or town, as the case may be, responsible for payment. Notwithstanding any provision to the contrary, if the court has determined such child’s parents or other persons responsible for his care to be indigent pursuant to § 19.2-159 and such child was represented by either a public defender or court-appointed counsel, no fee shall be taxed by the clerk against any such child in an amount greater than the amount the clerk would have taxed against such child if the assessment took place on or before June 30, 2024.\n\t\t\tFor the purposes of this section, the defense of a case may be considered conducted through to its conclusion and an appointed counsel entitled to compensation for his services in the event an indigent accused fails to appear in court subject to a capias for his arrest or a show cause summons for his failure to appear and remains a fugitive from justice for one year following the issuance of the capias or the summons to show cause, and appointed counsel has appeared at a hearing on behalf of the accused.\n\t\t\tEffective July 1, 2007, the Executive Secretary of the Supreme Court of Virginia shall track and report the number and category of offenses charged involving adult and juvenile offenders in cases in which court-appointed counsel is assigned. The Executive Secretary shall also track and report the amounts paid by waiver above the initial cap to court-appointed counsel. The Executive Secretary shall provide these reports to the Governor, members of the House Committee on Appropriations, and members of the Senate Committee on Finance and Appropriations on a quarterly basis.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":15038,"edition_id":1,"name":"Appointment of Attorney for Accused","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168341,"object_type":"structure","relational_id":15038,"identifier":"3","token":"19.2\/10\/3","url":"\/19.2\/10\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68516,"structure_id":15038,"section_number":"19.2-157","catch_line":"Duty of court when accused appears without counsel","url":"\/19.2-157\/","token":"19.2\/10\/3\/19.2-157","metadata":false},{"id":78329,"structure_id":15038,"section_number":"19.2-158","catch_line":"When person not free on bail shall be informed of right to counsel and amount of bail","url":"\/19.2-158\/","token":"19.2\/10\/3\/19.2-158","metadata":false},{"id":57328,"structure_id":15038,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","url":"\/19.2-159\/","token":"19.2\/10\/3\/19.2-159","metadata":false},{"id":59760,"structure_id":15038,"section_number":"19.2-159.1","catch_line":"Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth","url":"\/19.2-159.1\/","token":"19.2\/10\/3\/19.2-159.1","metadata":false},{"id":66760,"structure_id":15038,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","url":"\/19.2-160\/","token":"19.2\/10\/3\/19.2-160","metadata":false},{"id":69984,"structure_id":15038,"section_number":"19.2-160.1","catch_line":"Appointment of counsel in Class 1 felony cases or cases involving a felony punishable by a mandatory minimum term of confinement for life","url":"\/19.2-160.1\/","token":"19.2\/10\/3\/19.2-160.1","metadata":false},{"id":76242,"structure_id":15038,"section_number":"19.2-161","catch_line":"Penalty for false swearing with regard to statement of indigence","url":"\/19.2-161\/","token":"19.2\/10\/3\/19.2-161","metadata":false},{"id":61067,"structure_id":15038,"section_number":"19.2-162","catch_line":"Continuances to be granted if necessary","url":"\/19.2-162\/","token":"19.2\/10\/3\/19.2-162","metadata":false},{"id":80860,"structure_id":15038,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","url":"\/19.2-163\/","token":"19.2\/10\/3\/19.2-163","metadata":false}],"previous_section":{"id":61067,"structure_id":15038,"section_number":"19.2-162","catch_line":"Continuances to be granted if necessary","url":"\/19.2-162\/","token":"19.2\/10\/3\/19.2-162","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-163\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 25 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapters 386, 651, and 657; in 1968, chapter 481; in 1973, chapter 316; in 1975, chapter 495; in 1976, chapter 553; in 1980, chapter 626; in 1981, chapters 472 and 486; in 1985, chapter 525; in 1986, chapter 425; in 1987, chapter 638; in 1988, chapters 465 and 472; in 1989, chapter 565; in 1994, chapter 451<\/a>; in 1995, chapters 571<\/a> and 713<\/a>; in 1997, chapter 492<\/a>; in 1998, chapters 440<\/a> and 451<\/a>; in 2000, chapters 436<\/a> and 448<\/a>; in 2001, chapter 509<\/a>; in 2006, chapter 332<\/a>; in 2007, chapters 938<\/a> and 946<\/a>; in 2008, chapter 760<\/a>; in 2009, chapter 284<\/a>; in 2023, chapters 228<\/a> and 332<\/a>; in 2024, chapters 714<\/a> and 770<\/a>; in 2025, chapters 73<\/a> and 89<\/a>.<\/p>","references":[{"id":72205,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","order_by":null,"url":"\/16.1-267\/"},{"id":61806,"section_number":"16.1-69.48","catch_line":"Fees and fines","order_by":null,"url":"\/16.1-69.48\/"},{"id":76411,"section_number":"19.2-152.12","catch_line":"Compensation for required representation of respondents","order_by":null,"url":"\/19.2-152.12\/"},{"id":74060,"section_number":"19.2-163.4","catch_line":"Inapplicability of \u00a7\u00a7 17.1-606 and 19.2-163 where public defender offices established; exception","order_by":null,"url":"\/19.2-163.4\/"}],"refers_to":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":70478,"section_number":"18.2-35","catch_line":"How voluntary manslaughter punished","order_by":null,"url":"\/18.2-35\/"},{"id":78426,"section_number":"18.2-36","catch_line":"How involuntary manslaughter punished","order_by":null,"url":"\/18.2-36\/"},{"id":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":65049,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","order_by":null,"url":"\/18.2-371.1\/"},{"id":69785,"section_number":"18.2-41","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc., by mob","order_by":null,"url":"\/18.2-41\/"},{"id":72243,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","order_by":null,"url":"\/18.2-51\/"},{"id":85126,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":61666,"section_number":"18.2-79","catch_line":"Burning or destroying meeting house, etc","order_by":null,"url":"\/18.2-79\/"},{"id":54834,"section_number":"18.2-80","catch_line":"Burning or destroying any other building or structure","order_by":null,"url":"\/18.2-80\/"},{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":66441,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306\/"},{"id":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"}],"permalink":{"id":168375,"object_type":"law","relational_id":80860,"identifier":"19.2-163","token":"19.2\/10\/3\/19.2-163","url":"\/19.2-163\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-163\/","token":"19.2\/10\/3\/19.2-163","dublin_core":{"Title":"Compensation of court-appointed counsel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-163","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon submission to the court<\/span>, for which appointed representation is provided, of a detailed accounting of the time expended for that representation, made within 30 days of the completion of all proceedings in that court<\/span>, counsel<\/span> appointed to represent an indigent<\/span> accused<\/span> in a criminal case shall be compensated for his services on an hourly basis at a rate set by the Supreme Court<\/span> of Virginia in a total amount not to exceed the amounts specified in this section, or other such amount as may be provided by law<\/span>. Such amounts shall be allowed in any case wherein counsel<\/span> conducts the defense of a single charge against the indigent<\/span> accused<\/span> through to its conclusion or a charge of violation of probation<\/span> at any hearing<\/span> conducted under \u00a7 19.2-306<\/a>; thereafter, compensation for additional charges against the same accused<\/span> also conducted by the same counsel<\/span> shall be allowed on the basis of additional time expended as to such additional charges:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In a district court<\/span>, except as provided in subdivisions 2 and 3, (i) a sum not to exceed $330 or (ii) for a charge of violation of probation<\/span> for any misdemeanor<\/span> offense<\/span>, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court<\/span> in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court<\/span> of Virginia may waive<\/span> the limitation of fees provided under clause (i) or (ii) up to an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues<\/span>, or other circumstances warrant such a waiver<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a misdemeanor<\/span> charge in a district court<\/span> for a violation of § 18.2-266<\/a>, 18.2-266.1<\/a>, 18.2-270<\/a>, or 46.2-341.24<\/a>, (i) a sum not to exceed $448 or (ii) for a charge of violation of probation<\/span> for such a misdemeanor<\/span> offense<\/span>, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court<\/span> in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court<\/span> of Virginia may waive<\/span> the limitation of fees provided under clause (i) or (ii) up to an additional $120 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues<\/span>, or other circumstances warrant such a waiver<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For a juvenile charge in a district court<\/span>, (i) a sum not to exceed $680 or (ii) for a charge of violation of probation<\/span> for any offense<\/span>, a sum not to exceed $180, provided that, notwithstanding the foregoing limitation, the court<\/span> in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court<\/span> of Virginia may waive<\/span> the limitation of fees provided under clause (i) or (ii) up to (a) an additional $120 or (b) an additional $650 for an offense<\/span> that would be a felony<\/span> if committed by an adult that may be punishable by confinement in the state correctional facility for a period of more than 20 years or a charge of violation of probation<\/span> for such offense<\/span> when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues<\/span>, or other circumstances warrant such a waiver<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In a circuit<\/span> court<\/span> (i) to defend a Class 1 felony<\/span> charge, compensation for each appointed attorney in an amount deemed reasonable by the court<\/span>; (ii) to defend a felony<\/span> charge that may be punishable by confinement in the state correctional facility for a period of more than 20 years or any felony<\/span> violation of § 18.2-35<\/a>, 18.2-36<\/a>, 18.2-36.1<\/a>, 18.2-41<\/a>, 18.2-51<\/a>, 18.2-67.3<\/a>, 18.2-79<\/a>, 18.2-80<\/a>, 18.2-370<\/a>, 18.2-370.1<\/a>, or 18.2-371.1<\/a>, a sum not to exceed $1,692, provided that, notwithstanding the foregoing limitation, the court<\/span> in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court<\/span> of Virginia may waive<\/span> the limitation of fees up to an additional $850 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues<\/span>, or other circumstances warrant such a waiver<\/span>; (iii) to defend any other felony<\/span> charge, except those described in clause (i) or (ii), a sum not to exceed $834, provided that, notwithstanding the foregoing limitation, the court<\/span> in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court<\/span> of Virginia may waive<\/span> the limitation of fees up to an additional $155 when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues<\/span>, or other circumstances warrant such a waiver<\/span>; (iv) for a charge of violation of probation<\/span> for any felony<\/span> offense<\/span>, except Class 1 felonies, a sum not to exceed $445, provided that, notwithstanding the foregoing limitation, the court<\/span> in its discretion and subject to guidelines issued by the Executive Secretary of the Supreme Court<\/span> of Virginia may waive<\/span> the limitation of fees up to (a) an additional $850 for a charge of violation of probation<\/span> for any felony<\/span> described in clause (ii) or (b) an additional $155 for a charge of violation of probation<\/span> of any other felony<\/span> when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues<\/span>, or other circumstances warrant such a waiver<\/span>; (v) to defend a misdemeanor<\/span> violation of § 18.2-266<\/a>, 18.2-266.1<\/a>, 18.2-270<\/a>, or 46.2-341.24<\/a>, a sum not to exceed $448 and to defend any other misdemeanor<\/span> charge punishable by confinement in jail, a sum not to exceed $330; (vi) for a charge of violation of probation<\/span> for any misdemeanor<\/span> offense<\/span>, a sum not to exceed $180; (vii) for a juvenile adjudication appealed from a district court<\/span>, a sum not to exceed $680; or (viii) for a charge of violation of probation<\/span> for any juvenile adjudication appealed from a district court<\/span>, a sum not to exceed $180. In the event any case is required to be retried due to a mistrial<\/span> for any cause or reversed on appeal<\/span>, the court<\/span> may allow an additional fee for each case in an amount not to exceed the amounts allowable in the initial trial<\/span>. In the event counsel<\/span> is appointed to defend an indigent<\/span> charged with a felony<\/span> that is punishable as a Class 1 felony<\/span>, each attorney appointed shall continue to receive compensation as provided in this paragraph for defending such a felony<\/span>, regardless of whether the charge is reduced or amended to a lesser felony<\/span>, prior to final disposition<\/span> of the case. In the event counsel<\/span> is appointed to defend an indigent<\/span> charged with any other felony<\/span>, such counsel<\/span> shall receive compensation as provided in this paragraph for defending such a felony<\/span>, regardless of whether the charge is reduced or amended to a misdemeanor<\/span> or lesser felony<\/span> prior to final disposition<\/span> of the case in either the district court<\/span> or circuit<\/span> court<\/span>.\n\t\t\tCounsel<\/span> appointed to represent an indigent<\/span> accused<\/span> in a criminal case, who are not public defenders<\/span>, may request an additional waiver<\/span> exceeding the amounts provided for in this section. The request for any additional amount shall be submitted to the presiding judge, in writing, with a detailed accounting of the time spent and the justification for the additional amount. The presiding judge shall determine, subject to guidelines issued by the Executive Secretary of the Supreme Court<\/span> of Virginia, whether the request for an additional amount is justified in whole or in part, by considering the effort expended and the time reasonably necessary for the particular representation, and, if so, shall forward the request as approved to the chief judge<\/span> of the circuit<\/span> court<\/span> or district court<\/span> for approval. If the presiding judge determines that the request for an additional amount is not justified in whole or in part, such presiding judge shall provide to the requesting attorney, in writing, the reasons for such determination and shall, if such request has been approved in part, include a copy of such writing when forwarding the request as approved to the chief judge<\/span> of the circuit<\/span> court<\/span> or district court<\/span> for approval. If the chief judge<\/span> of the circuit<\/span> court<\/span> or district court<\/span>, upon review of the request as approved, determines, subject to the guidelines issued by the Executive Secretary of the Supreme Court<\/span> of Virginia, that any part of the request for an additional amount is not justified, such chief judge<\/span> shall provide to the requesting attorney and to the presiding judge, in writing, the reason for such determination.\n\t\t\tIf at any time the funds appropriated to pay for waivers<\/span> under this section become insufficient, the Executive Secretary of the Supreme Court<\/span> of Virginia shall so certify to the courts<\/span> and no further waivers<\/span> shall be approved.\n\t\t\tThe circuit<\/span> or district court<\/span> shall direct the payment of such reasonable expenses incurred by such court<\/span>-appointed counsel<\/span> as it deems appropriate under the circumstances of the case. Counsel<\/span> appointed by the court<\/span> to represent an indigent<\/span> charged with repeated violations of the same section of the Code of Virginia, with each of such violations arising out of the same incident, occurrence, or transaction, shall be compensated in an amount not to exceed the fee prescribed for the defense of a single charge, if such offenses<\/span> are tried as part of the same judicial proceeding. The trial<\/span> judge shall consider any guidelines established by the Supreme Court<\/span> but shall have the sole discretion to fix the amount of compensation to be paid counsel<\/span> appointed by the court<\/span> to defend a felony<\/span> charge that is punishable as a Class 1 felony<\/span>.\n\t\t\tThe circuit<\/span> or district court<\/span> shall direct that the foregoing payments shall be paid out by the Commonwealth, if the defendant<\/span> is charged with a violation of a statute<\/span>, or by the county, city, or town, if the defendant<\/span> is charged with a violation of a county, city, or town ordinance<\/span>, to the attorney so appointed to defend such person as compensation for such defense.\n\t\t\tCounsel<\/span> representing a defendant<\/span> charged with a Class 1 felony<\/span> may submit to the court<\/span>, on a monthly basis, a statement of all costs incurred and fees charged by him in the case during that month. Whenever the total charges as are deemed reasonable by the court<\/span> for which payment has not previously been made or requested exceed $1,000, the court<\/span> may direct that payment be made as otherwise provided in this section.\n\t\t\tWhen such directive is entered upon the order<\/span> book of the court<\/span>, the Commonwealth, county, city, or town, as the case may be, shall provide for the payment out of its treasury of the sum of money so specified. If the defendant<\/span> is convicted, the amount allowed by the court<\/span> to the attorney appointed to defend him shall be taxed against the defendant<\/span> as a part of the costs of prosecution<\/span> and, if collected, the same shall be paid to the Commonwealth, or the county, city, or town, as the case may be. In the event that counsel<\/span> for the defendant<\/span> requests a waiver<\/span> of the limitations on compensation, the court<\/span> shall assess against the defendant<\/span> an amount equal to the pre-waiver<\/span> compensation limit specified in this section for each charge for which the defendant<\/span> was convicted. An abstract of such costs shall be docketed in the judgment<\/span> docket<\/span> and execution lien<\/span> book maintained by such court<\/span>. Notwithstanding any provision to the contrary, no person found indigent<\/span> pursuant to § 19.2-159<\/a> who is represented by either a public defender<\/span> or court<\/span>-appointed counsel<\/span> shall have fees assessed against him for his legal representation pursuant to this chapter in an amount greater than the amount such defendant<\/span> would have owed if the assessment took place on or before June 30, 2024.\n\t\t\tAny statement submitted by an attorney for payments due him for indigent<\/span> representation or for representation of a child pursuant to § 16.1-266<\/a> shall, after the submission of the statement, be forwarded forthwith by the clerk to the Commonwealth, county, city, or town, as the case may be, responsible for payment. Notwithstanding any provision to the contrary, if the court<\/span> has determined such child’s parents or other persons responsible for his care to be indigent<\/span> pursuant to § 19.2-159<\/a> and such child was represented by either a public defender<\/span> or court<\/span>-appointed counsel<\/span>, no fee shall be taxed by the clerk against any such child in an amount greater than the amount the clerk would have taxed against such child if the assessment took place on or before June 30, 2024.\n\t\t\tFor the purposes of this section, the defense of a case may be considered conducted through to its conclusion and an appointed counsel<\/span> entitled to compensation for his services in the event an indigent<\/span> accused<\/span> fails to appear in court<\/span> subject to a capias<\/span> for his arrest<\/span> or a show cause summons<\/span> for his failure to appear and remains a fugitive from justice for one year following the issuance of the capias<\/span> or the summons<\/span> to show cause, and appointed counsel<\/span> has appeared at a hearing<\/span> on behalf of the accused<\/span>.\n\t\t\tEffective July 1, 2007, the Executive Secretary of the Supreme Court<\/span> of Virginia shall track and report the number and category of offenses<\/span> charged involving adult and juvenile offenders in cases in which court<\/span>-appointed counsel<\/span> is assigned. The Executive Secretary shall also track and report the amounts paid by waiver<\/span> above the initial cap to court<\/span>-appointed counsel<\/span>. The Executive Secretary shall provide these reports to the Governor, members of the House Committee on Appropriations, and members of the Senate Committee on Finance and Appropriations on a quarterly basis. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPENSATION OF COURT-APPOINTED COUNSEL (\u00a7 19.2-163)\n\nUpon submission to the court, for which appointed representation is provided, of\na detailed accounting of the time expended for that representation, made within\n30 days of the completion of all proceedings in that court, counsel appointed to\nrepresent an indigent accused in a criminal case shall be compensated for his\nservices on an hourly basis at a rate set by the Supreme Court of Virginia in a\ntotal amount not to exceed the amounts specified in this section, or other such\namount as may be provided by law. Such amounts shall be allowed in any case\nwherein counsel conducts the defense of a single charge against the indigent\naccused through to its conclusion or a charge of violation of probation at any\nhearing conducted under \u00a7 19.2-306; thereafter, compensation for additional\ncharges against the same accused also conducted by the same counsel shall be\nallowed on the basis of additional time expended as to such additional charges:\n\n1. In a district court, except as provided in subdivisions 2 and 3, (i) a sum\nnot to exceed $330 or (ii) for a charge of violation of probation for any\nmisdemeanor offense, a sum not to exceed $180, provided that, notwithstanding\nthe foregoing limitation, the court in its discretion and subject to guidelines\nissued by the Executive Secretary of the Supreme Court of Virginia may waive the\nlimitation of fees provided under clause (i) or (ii) up to an additional $120\nwhen the effort expended, the time reasonably necessary for the particular\nrepresentation, the novelty and difficulty of the issues, or other circumstances\nwarrant such a waiver;\n\n2. For a misdemeanor charge in a district court for a violation of §\n18.2-266, 18.2-266.1, 18.2-270, or 46.2-341.24, (i) a sum not to exceed $448 or\n(ii) for a charge of violation of probation for such a misdemeanor offense, a\nsum not to exceed $180, provided that, notwithstanding the foregoing limitation,\nthe court in its discretion and subject to guidelines issued by the Executive\nSecretary of the Supreme Court of Virginia may waive the limitation of fees\nprovided under clause (i) or (ii) up to an additional $120 when the effort\nexpended, the time reasonably necessary for the particular representation, the\nnovelty and difficulty of the issues, or other circumstances warrant such a\nwaiver;\n\n3. For a juvenile charge in a district court, (i) a sum not to exceed $680 or\n(ii) for a charge of violation of probation for any offense, a sum not to exceed\n$180, provided that, notwithstanding the foregoing limitation, the court in its\ndiscretion and subject to guidelines issued by the Executive Secretary of the\nSupreme Court of Virginia may waive the limitation of fees provided under clause\n(i) or (ii) up to (a) an additional $120 or (b) an additional $650 for an\noffense that would be a felony if committed by an adult that may be punishable\nby confinement in the state correctional facility for a period of more than 20\nyears or a charge of violation of probation for such offense when the effort\nexpended, the time reasonably necessary for the particular representation, the\nnovelty and difficulty of the issues, or other circumstances warrant such a\nwaiver;\n\n4. In a circuit court (i) to defend a Class 1 felony charge, compensation for\neach appointed attorney in an amount deemed reasonable by the court; (ii) to\ndefend a felony charge that may be punishable by confinement in the state\ncorrectional facility for a period of more than 20 years or any felony violation\nof § 18.2-35, 18.2-36, 18.2-36.1, 18.2-41, 18.2-51, 18.2-67.3, 18.2-79,\n18.2-80, 18.2-370, 18.2-370.1, or 18.2-371.1, a sum not to exceed $1,692,\nprovided that, notwithstanding the foregoing limitation, the court in its\ndiscretion and subject to guidelines issued by the Executive Secretary of the\nSupreme Court of Virginia may waive the limitation of fees up to an additional\n$850 when the effort expended, the time reasonably necessary for the particular\nrepresentation, the novelty and difficulty of the issues, or other circumstances\nwarrant such a waiver; (iii) to defend any other felony charge, except those\ndescribed in clause (i) or (ii), a sum not to exceed $834, provided that,\nnotwithstanding the foregoing limitation, the court in its discretion and\nsubject to guidelines issued by the Executive Secretary of the Supreme Court of\nVirginia may waive the limitation of fees up to an additional $155 when the\neffort expended, the time reasonably necessary for the particular\nrepresentation, the novelty and difficulty of the issues, or other circumstances\nwarrant such a waiver; (iv) for a charge of violation of probation for any\nfelony offense, except Class 1 felonies, a sum not to exceed $445, provided\nthat, notwithstanding the foregoing limitation, the court in its discretion and\nsubject to guidelines issued by the Executive Secretary of the Supreme Court of\nVirginia may waive the limitation of fees up to (a) an additional $850 for a\ncharge of violation of probation for any felony described in clause (ii) or (b)\nan additional $155 for a charge of violation of probation of any other felony\nwhen the effort expended, the time reasonably necessary for the particular\nrepresentation, the novelty and difficulty of the issues, or other circumstances\nwarrant such a waiver; (v) to defend a misdemeanor violation of § 18.2-266,\n18.2-266.1, 18.2-270, or 46.2-341.24, a sum not to exceed $448 and to defend any\nother misdemeanor charge punishable by confinement in jail, a sum not to exceed\n$330; (vi) for a charge of violation of probation for any misdemeanor offense, a\nsum not to exceed $180; (vii) for a juvenile adjudication appealed from a\ndistrict court, a sum not to exceed $680; or (viii) for a charge of violation of\nprobation for any juvenile adjudication appealed from a district court, a sum\nnot to exceed $180. In the event any case is required to be retried due to a\nmistrial for any cause or reversed on appeal, the court may allow an additional\nfee for each case in an amount not to exceed the amounts allowable in the\ninitial trial. In the event counsel is appointed to defend an indigent charged\nwith a felony that is punishable as a Class 1 felony, each attorney appointed\nshall continue to receive compensation as provided in this paragraph for\ndefending such a felony, regardless of whether the charge is reduced or amended\nto a lesser felony, prior to final disposition of the case. In the event counsel\nis appointed to defend an indigent charged with any other felony, such counsel\nshall receive compensation as provided in this paragraph for defending such a\nfelony, regardless of whether the charge is reduced or amended to a misdemeanor\nor lesser felony prior to final disposition of the case in either the district\ncourt or circuit court.\n\t\t\tCounsel appointed to represent an indigent accused in a criminal case, who\nare not public defenders, may request an additional waiver exceeding the amounts\nprovided for in this section. The request for any additional amount shall be\nsubmitted to the presiding judge, in writing, with a detailed accounting of the\ntime spent and the justification for the additional amount. The presiding judge\nshall determine, subject to guidelines issued by the Executive Secretary of the\nSupreme Court of Virginia, whether the request for an additional amount is\njustified in whole or in part, by considering the effort expended and the time\nreasonably necessary for the particular representation, and, if so, shall\nforward the request as approved to the chief judge of the circuit court or\ndistrict court for approval. If the presiding judge determines that the request\nfor an additional amount is not justified in whole or in part, such presiding\njudge shall provide to the requesting attorney, in writing, the reasons for such\ndetermination and shall, if such request has been approved in part, include a\ncopy of such writing when forwarding the request as approved to the chief judge\nof the circuit court or district court for approval. If the chief judge of the\ncircuit court or district court, upon review of the request as approved,\ndetermines, subject to the guidelines issued by the Executive Secretary of the\nSupreme Court of Virginia, that any part of the request for an additional amount\nis not justified, such chief judge shall provide to the requesting attorney and\nto the presiding judge, in writing, the reason for such determination.\n\t\t\tIf at any time the funds appropriated to pay for waivers under this section\nbecome insufficient, the Executive Secretary of the Supreme Court of Virginia\nshall so certify to the courts and no further waivers shall be approved.\n\t\t\tThe circuit or district court shall direct the payment of such reasonable\nexpenses incurred by such court-appointed counsel as it deems appropriate under\nthe circumstances of the case. Counsel appointed by the court to represent an\nindigent charged with repeated violations of the same section of the Code of\nVirginia, with each of such violations arising out of the same incident,\noccurrence, or transaction, shall be compensated in an amount not to exceed the\nfee prescribed for the defense of a single charge, if such offenses are tried as\npart of the same judicial proceeding. The trial judge shall consider any\nguidelines established by the Supreme Court but shall have the sole discretion\nto fix the amount of compensation to be paid counsel appointed by the court to\ndefend a felony charge that is punishable as a Class 1 felony.\n\t\t\tThe circuit or district court shall direct that the foregoing payments shall\nbe paid out by the Commonwealth, if the defendant is charged with a violation of\na statute, or by the county, city, or town, if the defendant is charged with a\nviolation of a county, city, or town ordinance, to the attorney so appointed to\ndefend such person as compensation for such defense.\n\t\t\tCounsel representing a defendant charged with a Class 1 felony may submit to\nthe court, on a monthly basis, a statement of all costs incurred and fees\ncharged by him in the case during that month. Whenever the total charges as are\ndeemed reasonable by the court for which payment has not previously been made or\nrequested exceed $1,000, the court may direct that payment be made as otherwise\nprovided in this section.\n\t\t\tWhen such directive is entered upon the order book of the court, the\nCommonwealth, county, city, or town, as the case may be, shall provide for the\npayment out of its treasury of the sum of money so specified. If the defendant\nis convicted, the amount allowed by the court to the attorney appointed to\ndefend him shall be taxed against the defendant as a part of the costs of\nprosecution and, if collected, the same shall be paid to the Commonwealth, or\nthe county, city, or town, as the case may be. In the event that counsel for the\ndefendant requests a waiver of the limitations on compensation, the court shall\nassess against the defendant an amount equal to the pre-waiver compensation\nlimit specified in this section for each charge for which the defendant was\nconvicted. An abstract of such costs shall be docketed in the judgment docket\nand execution lien book maintained by such court. Notwithstanding any provision\nto the contrary, no person found indigent pursuant to § 19.2-159 who is\nrepresented by either a public defender or court-appointed counsel shall have\nfees assessed against him for his legal representation pursuant to this chapter\nin an amount greater than the amount such defendant would have owed if the\nassessment took place on or before June 30, 2024.\n\t\t\tAny statement submitted by an attorney for payments due him for indigent\nrepresentation or for representation of a child pursuant to § 16.1-266\nshall, after the submission of the statement, be forwarded forthwith by the\nclerk to the Commonwealth, county, city, or town, as the case may be,\nresponsible for payment. Notwithstanding any provision to the contrary, if the\ncourt has determined such child’s parents or other persons responsible for\nhis care to be indigent pursuant to § 19.2-159 and such child was\nrepresented by either a public defender or court-appointed counsel, no fee shall\nbe taxed by the clerk against any such child in an amount greater than the\namount the clerk would have taxed against such child if the assessment took\nplace on or before June 30, 2024.\n\t\t\tFor the purposes of this section, the defense of a case may be considered\nconducted through to its conclusion and an appointed counsel entitled to\ncompensation for his services in the event an indigent accused fails to appear\nin court subject to a capias for his arrest or a show cause summons for his\nfailure to appear and remains a fugitive from justice for one year following the\nissuance of the capias or the summons to show cause, and appointed counsel has\nappeared at a hearing on behalf of the accused.\n\t\t\tEffective July 1, 2007, the Executive Secretary of the Supreme Court of\nVirginia shall track and report the number and category of offenses charged\ninvolving adult and juvenile offenders in cases in which court-appointed counsel\nis assigned. The Executive Secretary shall also track and report the amounts\npaid by waiver above the initial cap to court-appointed counsel. The Executive\nSecretary shall provide these reports to the Governor, members of the House\nCommittee on Appropriations, and members of the Senate Committee on Finance and\nAppropriations on a quarterly basis.\n\nHISTORY: Code 1950, \u00a7\u00a7 14.1-184, 14.1-184.1, 19.1-241.5, 19.1-241.11; 1964,\ncc. 386, 651, 657; 1968, c. 481; 1973, c. 316; 1975, c. 495; 1976, c. 553; 1980,\nc. 626; 1981, cc. 472, 486; 1985, c. 525; 1986, c. 425; 1987, c. 638; 1988, cc.\n465, 472; 1989, c. 565; 1994, c. 451; 1995, cc. 571, 713; 1997, c. 492; 1998,\ncc. 440, 451; 2000, cc. 436, 448; 2001, c. 509; 2006, c. 332; 2007, cc. 938,\n946; 2008, c. 760; 2009, c. 284; 2021, Sp. Sess. I, cc. 344, 345; 2023, cc. 228,\n332; 2024, cc. 714, 770; 2025, cc. 73, 89.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}