Bar News - May 6, 2005
Morning Mail: Increase in Assigned Counsel Rates Needed
By: L. Jonathan Ross
Congratulations to the Board of Governors for its support of an increase in the Indigent Assigned Counsel hourly rate from $60 per hour set 13 years ago to a modest new rate of $82 and its position favoring the changes to fee caps and other revisions proposed to New Hampshire Supreme Court Rules 47 and 48.
We are now more than 40 years post Gideon and are still challenged to provide effective assistance of counsel to all persons regardless of their ability to pay. Inadequate compensation for lawyers who do court appointed work, whether criminal or civil, reduces the number of those who will participate in the system and reduces the incentive to do all that is necessary for the client. As former chair of the ABA Standing Committee on Legal Aid and Indigent Defense, I moderated national hearings across the country on the status of Gideon. The results were appalling.[See: www.indigentdefense.org] New Hampshire fares better than most states but that is no reason for our state not to continue to do the right thing and to lead in the provision of adequate legal counsel to those in need in our system.
As a current member of the ABA Standing Committee on Pro Bono and Public Service, I recognize and support the professional responsibility of all lawyers to provide service to the poor. I do not believe that those who are asked to shoulder these burdens by court appointment should be required to lose money by doing so. The $60 per hour rate set more than a decade ago is neither adequate nor reasonable compensation. Good for the Bar for trying to do something about it.
Very truly yours, L. Jonathan Ross Manchester
|