SUPPORTING CONTINUATION OF THE GUARANTEED FEE SYSTEM

That the alternative indigent defense counsel fee structure as provided for by the Guaranteed Fee System be continued for a period of two years from the existing expiration date of July 1, 1994. In addition, the Joint Bench/Bar Counsel Fees Committee proposes that such continuation be subject to the following sunset agreement:

  • During the continuation period, the Committee will monitor the quality and cost of representation.
  • Bar representatives will independently determine the cost of comparable services provided under the hourly payment system.
  • Progress reports will continue to be generated on a semiannual basis
  • By the end of the two year continuation period, a formal evaluative report including any recommended changes will be issued by the Committee for review by the Supreme Court, the Board of Judges, and the Philadelphia Bar Association.

NOW, THEREFORE, BE IT RESOLVED that the Joint Bench/Bar Counsel Fees Committee shall remain empaneled for the two year continuation period and will continue to meet quarterly, at minimum, with additional meetings scheduled as necessary, to debrief experience;

AND BE IT FURTHER RESOLVED that, in order to ensure effective direction and management, including ongoing quality assurance and accountability, administration of the Guaranteed Fee System shall continue to be housed within the Office of the Executive Administrator, with ongoing fiscal control exercised through its Office of Budget and Fiscal Affairs;

AND BE IT FURTHER RESOLVED that, during the two year continuation period, there shall be conducted annually an examination of the pre-established compensation rate schedules. Such examination may include evaluation of the need for inflationary adjustments to the payment rates. If continuation of the Guaranteed Fee System is approved, the first such examination is tentatively scheduled to occur in September, 1994.

AND BE IT FURTHER RESOLVED that, if it becomes evident during the two year continuation period that continued use of the Guaranteed Fee System is operationally or fiscally impracticable, the Committee shall recommend to the Board of Judges the immediate abandonment of the payment system, and payments will thereafter be made under the standard hourly rate system.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: April 21, 1994