Rule 29.9.Fees Paid to Lawyers Under a Panel Program
Rule 29. APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS · Not amended since adoption on record · Last verified July 17, 2026
Full Text of Rule 29.9
Plain-English Summary
Rule 29.9 puts fee-setting in local hands. The judge or judges of a multi-judge circuit decide how panel attorneys get paid, and each program has to prescribe minimum total fees for categories of cases, regardless of hours worked.
Those minimums are not set in a vacuum. The rule tells courts to weigh case complexity against what competent local bar members currently charge for similar privately retained work — the panel fee does not have to match that private rate, but it has to bear a reasonable relationship to it.
Capital cases get separate treatment. Compensation is pegged to the same hourly rate as other cases, but each capital case gets individual examination, with special attention to counsel’s continuing obligations after a conviction and death sentence. To administer all this, the rule lets the court set up a committee combining a designee of the chief judge, the local county government, and the local bar association to establish fee guidelines and approve fee requests.
Frequently Asked Questions
Who decides how panel attorneys get compensated?
The judge or judges of a multi-judge circuit determine the method of compensation to be paid under a panel program.
How are minimum fees set for different types of cases?
Each program prescribes minimum total fees by case category, taking into account case complexity and the fee currently obtained by competent local bar members for comparable privately retained representation.
Does the panel fee have to match what a private attorney would charge?
No, but there should be a reasonable relationship between the panel fee and the corresponding private fee.
How is compensation handled in death penalty cases?
Capital felony cases are compensated at the same hourly rate as other cases, but each case is individually examined, with special attention to continuing counsel obligations after conviction and imposition of the death penalty.
Can a committee help set and approve fees?
Yes. The court may establish a committee with a designee of the chief judge, the local county governing authority, and the local bar association to set fee guidelines and approve fees.