State v. Allies
Decision Date | 24 April 1979 |
Docket Number | No. 14305,14305 |
Citation | 597 P.2d 64,36 St.Rep. 820,182 Mont. 323 |
Parties | STATE of Montana, Plaintiff and Respondent, v. Guy John ALLIES, Defendant and Appellant. |
Court | Montana Supreme Court |
Richter & Lerner, Billings, Frank Richter argued, Billings, for defendant and appellant.
Mike Greely, Atty. Gen., Helena, Mike McCarter argued, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, James D. Walen argued, Deputy County Atty., Billings, for plaintiff and respondent.
This case is now before the Court on a motion to fix attorney fees on appeal. Movants are a firm of attorneys appointed by the District Court of Yellowstone County to represent an indigent defendant in a major felony criminal case at public expense.
Guy John Allies, an indigent, was charged with four counts of deliberate homicide by the county attorney of Yellowstone County. A Billings law firm was appointed to represent him both in the District Court and upon appeal. For their services and expenses to the time of and through the trial stages, counsel were paid at the rate of $35.00 per hour for a total of $42,000 plus dollars. This sum has been paid by Yellowstone County and no issue is raised concerning this fee which covers the period from appointment March 14, 1977 to the end of trial on February 3, 1978.
Defendant was convicted after jury trial and he and his attorneys have initiated an appeal to the court. The District Judge, after allowing trial fees on February 3, 1978, noted on the claim that fees on the appeal would be limited to a flat $2,000 plus expenses. From this $2,000 the district judge deducted $525 for services at the sentencing which he considered as part of the appeal.
Defendant's attorneys have filed a motion in this Court seeking an order setting their rate of compensation for services on appeal at the rate of $40.00 per hour plus their expenses to be paid by Yellowstone County on a monthly basis for actual time and costs expended. They contend that the order of the district judge fixing their fee as heretofore set out is unreasonable and an abuse of discretion.
Section 95-1005, R.C.M.1947, now section 46-8-201 MCA, states:
State ex rel. Stephens v. District Court (1976), 170 Mont. 22, 27, 550 P.2d 385, 388.
"Elements of consideration in fixing fees include the amount of time and effort expended, the nature and extent of the services rendered, the fees paid for similar services in other jurisdictions, the traditional responsibilities of the legal profession, the amount of public funds made available for such purposes, and a judicious respect for the tax paying public as well as the needs of the accused." State v. Lehirondelle (1976), 15 Wash.App. 502, 550 P.2d 33, 34-35. See also Hill v. Superior Court, Humbolt County (1956), 46 Cal.2d 169, 293 P.2d 10; Bennett v. Davis County (1971), 26 Utah 2d 225, 487 P.2d 1271; State v. Horton (1961), 34 N.J. 518, 170 A.2d 1; 18 A.L.R.3d 1074.
Movants first contend that $40.00 an hour is a reasonable compensation for their services on appeal and that a flat fee of $2,000 is not. They argue that the overhead of their law firm amounts to about $20.00 per hour and that to date of hearing they have spent 413/4 hours reading a transcript of approximately 1,750 pages; 1041/2 hours in legal research and production of appellant's brief; and 81/4 hours in performing miscellaneous services.
Their argument is...
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State v. Beach
...voluntariness is the presence of timely and complete Miranda advisements prior to the incriminating statement, State v. Allies (1979) 182 Mont. 323, 112, 606 P.2d 1043, 1050. The record indicates that the defendant received ten Miranda warnings between January 4 and January 11. Eight of the......
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Okeechobee County v. Jennings
...Massachusetts and Montana have similar court rules. Edgerly v. Commonwealth, 379 Mass. 183, 396 N.E.2d 453 (1979); State v. Allies, 182 Mont. 323, 597 P.2d 64 (1979). Michigan, Iowa, and South Dakota statutes allow the trial judge to award a reasonable fee without limit. Matter of Burgess, ......
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State v. Boyken
...for such purposes, and a judicious respect for the tax paying public as well as the needs of the accused.' " State v. Allies (1979), Mont., 597 P.2d 64, 36 St.Rep. 820, citing State v. Lehirondelle (1976), 15 Wash.App. 502, 550 P.2d A court-appointed attorney must be awarded an amount that ......
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Petition to Adopt Rule Regarding Atty's. Fees, Costs & Investigation Expenses of Private Attys. Appointed to Defend Indigent Defendants, In re
...defense counsel. This is especially true if the crimes charged have a great public significance or gravity. In State v. Allies (1979), Mont., 597 P.2d 64, 66, 36 St.Rep. 820, 823, because of the plethora of cases coming to this Court involving disputed attorneys fees and costs for court-app......