Jamnik, In re, Docket No. 107084

• Citation: 440 N.W.2d 112,176 Mich.App. 827
• Decision Date: 05 June 1989
• Docket Number: Docket No. 107084
• Parties: In re Attorney Fees of Thomas JAMNIK. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Harold B. HUNTER, Defendant-Appellant. 176 Mich.App. 827, 440 N.W.2d 112
• Court: Court of Appeal of Michigan (US)

Page 112

440 N.W.2d 112

In re Attorney Fees of Thomas JAMNIK.

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Harold B. HUNTER, Defendant-Appellant.

Docket No. 107084.

176 Mich.App. 827, 440 N.W.2d 112

Court of Appeals of Michigan.

Submitted Oct. 19, 1988.

Decided May 1, 1989.

Released for Publication June 5, 1989.

[176 MICHAPP 828] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., Robert E. Weiss, Pros. Atty., and Donald A. Kuebler, Chief, Appellate Division, for plaintiff-appellee.

O'Dea & Jamnik, P.C. by Thomas Jamnik, Bloomfield Hills, for defendant-appellant.

Barbara R. Levine, Lansing, for amicus curiae Michigan Appellate Assigned Counsel System.

Frank D. Eaman, Detroit, for amicus curiae Criminal Defense Attorneys of Michigan.

Before MICHAEL J. KELLY, P.J., and MacKENZIE and MILLER, ^* JJ.

MILLER, Judge.

Thomas Jamnik appeals as of right from the trial court's order denying in substantial part his petition for payment of fees and expenses.

Defendant, Harold B. Hunter, was convicted of [176 MICHAPP 829] armed robbery by a jury in Genesee County and was sentenced to a prison term of six to twenty years. Thomas Jamnik was appointed by the trial court to represent the defendant on appeal. Mr. Jamnik visited the defendant at Kinross Correctional Facility in the Upper Peninsula, filed a claim of appeal and brief, and orally argued the case in the Court of Appeals. Defendant's conviction was affirmed and Mr. Jamnik petitioned the trial court for payment of $1,412.22 in fees and expenses. The particulars of that petition were:

                Services Rendered                       Hours
                Transcript review                         3.5
                Client visit                             13.0
                Brief on appeal                          12.8
                Oral argument                             4.0
                Research for brief                       14.4
                                                -------------
                                   Total Hours           47.7
                

                Fee requested--47.7 hours at $25 per hour      $1,192.50
                                                              ---------
                Actual Expenses
                Client visit     540 miles X $.30 per mile      $ 162.00
                Oral argument    120 miles X $.30 per mile         36.00
                Photocopying     196 pages X $.10 per page         19.60
                Postage                                  2.12  ---------
                                        Total Expenses          $ 219.72
                                                               ---------
                                    Total Amount Requested     $1,412.22
                                                               ---------
                

Genesee Circuit Court has an indigent attorney fee schedule which reads in pertinent part as follows:

Effective

January 1, 1981

GENESEE COUNTY CIRCUIT COURT

INDIGENT ATTORNEY FEE SCHEDULE

APPELLATE COURT

Basic rate of $30.00 per hour; attorney to furnish detailed verified petition specifying; the ultimate [176 MICHAPP 830] fee to be set by trial judge depending upon necessity and merit.

1. The date upon which claimed unit of time was expended.

2. The nature of the work done, (i.e., research, drafting brief, proofreading, conference with client, travel time, oral argument,

3. Hours to be computed to nearest 1/10th of an hour.

4. Time records must be accurate and based upon notations made at the time the work is done. Guessing and estimating when the work is completed will not be considered sufficient.

5. $350 maximum for appeal of guilty plea.

6. Travel time not to exceed $100 in consulting with clients incarcerated by the Department of Corrections in the lower peninsula of Michigan.

**Extraordinary Services (to be set by judge)

* All Fees and Expenses Subject to Review of the Court

In a written opinion and order, the trial court awarded Mr. Jamnik $87.50 for transcript review, $19.60 for photocopying, $2.12 for postage, and $300 for ten hours of research and briefing at $30.00 per hour. The total awarded by the trial court was $409.22.

The law pertinent to such cases is not particularly difficult or involved. M.C.L. Sec. 775.16; M.S.A. Sec. 28.1253 provides for court appointment or counsel for an indigent defendant charged with a felony. In part, it provides:

"The attorney appointed by the court shall be entitled to receive from the county treasurer, on the certificate of the chief judge that the services have been rendered, the amount which the chief judge considers to be reasonable compensation for the services performed."

[176 MICHAPP 831] The determination of the trial court as to reasonable compensation for services will not be disturbed on appeal absent an abuse of discretion, In the Matter of Attorney Fees of William J. Hayes, 55 Mich.App. 30, 34, 222 N.W.2d 20 (1974), lv. den. 394 Mich. 794 (1975).

We believe the following factors should be considered in determining reasonable compensation:

1. The complexity and difficulty of the case and the time and expense of counsel which can reasonably be justified.

2. The trial court's policy as to compensation.

3. The minimum standards for indigent criminal appellate defense services promulgated by the Michigan Supreme Court in Administrative Order 1981-7, 412 Mich lxxxiv-xci.

In this case, the trial judge considered the brief on appeal and the merit of the issues raised. He considered the amount of time necessary for research and...