Bill > SB1035

This bill amends Arizona state law regarding compensation for counsel appointed to represent capital defendants in postconviction relief proceedings. The key change modifies the existing hourly rate cap for appointed attorneys from $100 to a potential maximum of $200 per hour, but only if the county board of supervisors explicitly approves the higher rate. The bill maintains the existing framework for appointing counsel in capital cases, which includes specific qualification requirements such as being a member of the Arizona State Bar for at least five years, having at least three years of experience in criminal appeals or postconviction proceedings, and not having previously represented the defendant in the trial or direct appeal. The legislation also preserves provisions allowing defendants to waive counsel, requiring counties to seek state reimbursement for these legal expenses, and enabling attorneys to challenge compensation rates through a special action with the Arizona Supreme Court. The bill aims to ensure qualified legal representation for capital defendants while providing flexibility in compensation rates at the county level.

Budget and Finance, Justice

https://apps.azleg.gov/BillStatus/BillOverview/81649