                                 CODE OF VIRGINIA

COMPENSATION OF COURT-APPOINTED COUNSEL (§ 19.2-163)

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 § 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:

1. 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;

2. For a misdemeanor charge in a district court for a violation of &#xA7;
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. 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;

4. 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 &#xA7; 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 &#xA7; 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.
			Counsel 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.
			If 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.
			The 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.
			The 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.
			Counsel 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.
			When 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 &#xA7; 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.
			Any statement submitted by an attorney for payments due him for indigent
representation or for representation of a child pursuant to &#xA7; 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&#8217;s parents or other persons responsible for
his care to be indigent pursuant to &#xA7; 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.
			For 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.
			Effective 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.

HISTORY: Code 1950, §§ 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.