Appointed Counsel Voucher Check List

 

Revised January 3, 2017

The ON-LINE VOUCHER SYSTEM (OVS) went fully operational on April 2, 2012.  The OVS system lets attorneys easily create, submit and track court appointed vouchers electronically. Please sign up today if you are not using the OVS system.

Have questions and need answers? Please visit our Frequently Asked Questions site!

Please use PUBLIC DEFENDER SERVICES' (PDS) VOUCHER FORMS revised in July 2009. The Appointed Counsel Voucher consists of the following:

  • Order Approving Payment
  • Defense Counsel Voucher Information Page
  • Itemized Statement of Legal Services Page One
  • Itemized Statement of Expenses Page One
  • Itemized Statement of Legal Services Additional Page
  • Itemized Statement of Expenses Additional Page

Public Defender Services requires only one certified copy of the Appointed Counsel Voucher, and invoices (if applicable). Please fill out the pages of the voucher needed. To reduce the number of copies do not send blank pages of the voucher. For copies of the checklist and Appointed Counsel Voucher Form contact our office at (304) 558-3905 or our web site: http://www.pds.wv.gov.

To receive payment, a W-9 form must be on file in our office. The payee name and tax identification number on the voucher must match the name and number on the W-9. Please contact Sheila Coughlin by phone: (304) 558-3905 or email: Sheila.J.Coughlin@wv.gov The W-9 Form can be found on the IRS web site: http://www.irs.gov.

Beginning July 1, 2008 two time periods for submission of claims are in effect:

  1. For work completed on or before June 30, 2008, claims must be submitted prior to January 1, 2009.
  2.  For work completed on or after July 1, 2008, claims must be submitted 90 calendar days after the last date of service.

 For these purposes, signing the voucher and sending it to the court for approval is submission. W.Va. Code 29-21-13a(a)

 Juvenile or Child Abuse & Neglect cases can be billed after each Disposition Date (i.e., Improvement period). These vouchers are not supplemental to each other.

Six months after the date of appointment, the appointed attorney may submit an "interim voucher". If there has been an interim voucher paid on a case, the second voucher submitted MUST be the final voucher.

On and after September 15, 2006, time spent in MDT hearings will be compensated at out-of-court rate.

The voucher preparation does not constitute the "Last Date of Service" on a specific case.

PLEASE NOTE:

 When resubmitting vouchers returned (bucked back) for errors, please DO NOT redo the entire voucher OR use white out on the voucher. Every voucher received by PDS is audited and entered into our computer system which assigns the voucher an Invoice Number. The Invoice Number is the nine digit number listed at the top of the Order Approving Payment. In order to prevent duplication or further delay in processing of the voucher, please attach or correct what is requested on the letter and return the entire voucher along with the Buck Letter to PDS. The "bucked" vouchers are pulled from the regular mail and processed as soon as possible because they have already been through the system and do not require complete auditing and re-entering into the computer system.

ORDER APPROVING PAYMENT:

  • For Judicial Use Only: : Reason for appointment must be checked by the Judge.
  • Client's name and case number must be the same on all pages of the voucher and any invoices. List the client's state of residence.
  • Entered date must be a complete date (Month, Day, Year) and any changes to this date must be initialed.
  • Must have the Judge's signature.
  • Must have the embossed (raised) seal. The State Auditor will not accept photocopies.
  • Enter the payee's name and tax identification number as reported to the IRS. Changers in the payee's name or tax identification number must be provided to our agency.  Failure to do so will result in a delay of processing your vouchers.
  • Provide the Payee's Mailing Address.  Changes of address must be provided to our agency.  Failure to do so will result in a delay of processing your vouchers.  If you have sold your vouchers to a financial service, the mailing address must be the financial service's address.
  • Attorney's fees are limited to $3,000 unless otherwise ordered or life imprisonment applies. ( 29-21-23a(d) (3)).
  • If the dollar amount was altered or any written changes appear on the order, the changes must be initialed by the judge.

DEFENSE COUNSEL VOUCHER PAGE:

  • Type of proceeding must be on the voucher.
  • Disposition date must be on the voucher. The disposition date is a judicial proceeding in which a criminal defendant is sentenced or otherwise disposed of.
  • The specific criminal charge(s) must be listed for each case number. Please specify 1st, 2nd, or 3rd offense.
  • List the code citation.
  • Must have the attorney's signature with date.
  • Please provide the payee's telephone number, fax number, and email address.
  • Complete the Fee, Expense, and Total Claimed section.

ITEMIZED STATEMENT OF LEGAL SERVICES - Page One and Additional Page:

NOTE: When voucher time exceeds the specified twenty (20) entries on Page One of the Itemized Statement of Legal Services, please utilize the Additional Page (cuts down the number of copies).

  • Time must be in TENTHS of an hour. ( 29-21-13a(g)).
  • On and after September 15, 2006, time spent in MDT hearings will be compensated at out-of-court rate.
  • All entries must have complete date (Month, Day, Year) and must be in chronological order.
  • Time code is needed for each entry.
  • Complete "Total This Sheet" Section(s). This section is for total of court hours (in and out) per page.
  • Complete the "Grand Total" Section. This section is the grand total of court hours multiplied by the hourly rate of $45 or $65. Do not have multiple "grand totals" (i.e. one per page).

ITEMIZED STATEMENT OF EXPENSES - Page One and Additional Pages:

NOTE: When voucher time exceeds the specified thirty (30) entries on Page One of the Itemized Statement of Expenses, please utilize the Additional Page (cuts down the number of copies). The itemization listed below also applies to all service providers.

  • Any expense of $10.00 or more needs to be fully itemized and/or an itemized invoice must be attached.
  • The stand-in attorney fees are reimbursed at the hourly rates of $65 for in-court and $45 for out-of-court time. The stand-in attorney's fees and expenses may be claimed on the appointed attorney's time and expense pages, but must be identified as a stand-in attorney's entry. The stand-in attorney's name must be on the entry.
  • In house photocopies and faxes: $.10 per page maximum for copies and faxes.
  • Trial Supplies: PDS reimburses for expenses unique to the trial (i.e., exhibits). Supplies which are reusable for any purpose, like envelopes, pens, note pads, are considered office overhead and are not reimbursable.
  • NOTE: Travel and meal reimbursement are made according to the Governor's Travel Rules and Regulations authorized by Travel Management Office(TMO). Web site address for TMO: http://www.state.wv.us/admin/purchase/travel/.
  • Meal reimbursement: Allowable only on overnight stays. Must list the date and time of departure and date and time of return.
  • Mileage: Must be itemized (date, number of miles, rate per mile). The reimbursement rate for use of a personal vehicle is as follows:

 

Dates prior to August 16, 1990 $.20 per mile
August 16, 1990 - June 30, 1992 $.23 per mile
July 1, 1992 - December 31, 1992 $.26 per mile
January 1, 1993 - June 30, 1993 $.275 per mile
July 1, 1993 - December 31, 1993 $.28 per mile
January 1, 1994 - June 30, 1996 $.285 per mile
July 1, 1996 - January 11, 1998 $.31 per mile
January 12, 1998 - March 31, 1999 $.32 per mile
April 1, 1999 - December 31, 1999 $.31 per mile
January 1, 2000 - December 31, 2000 $.325 per mile
January 1, 2001 - December 31, 2001 $.345 per mile
January 1, 2002 - December 31, 2002 $.365 per mile
January 1, 2003 - December 31, 2003 $.36 per mile
January 1, 2004 - December 31, 2004 $.375 per mile
January 1, 2005 - September 13, 2005 $.405 per mile
September 14, 2005 - November 9, 2005 $.485 per mile
November 10, 2005 - July 25, 2006 $.405 per mile
July 26, 2006 - March 31, 2008 $.445 per mile
April 1, 2008 - January 19, 2009 $.505 per mile
January 20, 2009 - February 8, 2010 $.445 per mile
February 9, 2010 - January 14, 2011 $.405 per mile
January 15, 2011 - July 19, 2011 $.425 per mile
July 20, 2011 - June 30, 2015 $.47 per mile
​July 1, 2015 - December 31, 2015 $​.575 per mile
​January 1, 2016 - December 31, 2016 ​$.54 per mile
​January 1, 2017 - Until Revised ​$.535 per mile


 

  • Court Reporters: A complete itemized invoice on court reporter's letterhead (date of service; number of pages; rate per page; type of proceeding transcript, i.e. magistrate or circuit ) must be attached. Reimbursements are as follows:
  • Circuit Court Hearings:
    Grand Jury Transcripts:
    Depositions (In or Out of Court):
             $2.85 Per Page for Original
             $1.00 Per Page for Copy
             $25 Appearance Fee
                     Not allowed if there is a transcript
             No Mileage Allowed
    Magistrate Hearings:
    Preliminary Hearings:
    For Services Rendered On Or After July 1, 2008
              $1.00 Per Page
              No Copies
              $5.00 Fee for Tape
              No Appearance Fees Allowed
    For Services Rendered Between January 1, 2001 to June 30, 2008
              $1.60 Per Page for Expedited Typing
              $1.50 Per Page for Typing
              $0.50 Per Page for Copy
              No Appearance Fees Allowed
              $5.00 Fee for Tape
    See the Court Reporter Check List for additional information.
  • Investigative services: A complete itemized invoice on investigator's letterhead must be attached. Invoice must show dates of service, number of hours worked, rate per hour, mileage, rate per mile and a brief description of services rendered for each entry. Investigative services are reimbursable at a maximum of $30.00 per hour.
  • Expert witnesses: A complete itemized invoice on expert witness' letterhead. Invoice must show the date of service, service provided, hourly rate.
  • Paralegal Fees: PDS will reimburse paralegal services at their actual hourly rate, but cannot exceed $20.00 per hour. In order to be reimbursed for paralegal time, you must provide a fully itemized invoice on letterhead. The invoice should detail the dates of service, time, and brief description of activity in the same form that attorney time and services are detailed. The identity of the paralegal must be stated and a separate invoice must be prepared for each paralegal. The invoice must show the hourly wage of the paralegal. The paralegal, by statute, cannot bill for "in-court" time in any amount. Paralegal time is an expense on the appointed attorney's voucher and cannot be billed on a Direct Expense Voucher. See Paralegal Salary Conversion Chart and Paralegal Billing Guidelines.