First:
FEE INCREASE! Thank you to those who answered my question about compensation for appointed parents' counsel in TPR appeals to the COAV. It appears that most commonly, attorneys were paid a flat $750 fee and were reimbursed for
the cost of the transcript, which typically was several hundred dollars¡ªand
it took several months after the conclusion of the case to be paid, so people were often out of pocket for a year or more.
After the posting of new compensation rates for the by-right criminal appeals process in the COAV, and armed with the information from all of you, I reached out to the OES to ask if the new rates applied to appointed counsel in
parents' TPR appeals as well. The OES did not know, and reached out to the finance folks at COAV; they said no. But: a few days later, they changed their minds.
So, I am assuming this now applies to all TPR appointments in COAV:
"$1500 for misdemeanor appeals briefed and argued before the Court and $1300 for those cases that are not argued."
Please keep me apprised of your experiences in getting compensated for these cases in the COAV.
Second:
We have asked the VSB to take a position on the recommendations that have come out of the Legal Representation Workgroup (see report here
), similar to the role
they took in getting the fee cap waiver passed in criminal cases¡ªwhich was brought to my attention by former
delegate (now judge) Jeff Campbell.?
While initially reluctant, the Bar agreed to look into it when they learned about that effort. Yesterday, the Access to Legal Services Committee passed a resolution:
"That the Access to Legal Services Committee recommends to VSB
leadership that the Virginia State Bar supports the recommendations of the Virginia Child Dependency Legal Representation Workgroup, created by Senate Bill 396 in 2022, and continued by Senate Joint Resolution No. 241 in 2023, as convened by the Office of
the Children¡¯s Ombudsman, to improve the quality of legal representation in child dependency cases."
There are several recommendations; the compensation
recommendation is an increase to $445 per each stage of a foster care case, and $1235 for a TPR. The resolution will go before Bar Council at their next meeting. If you are on Bar Council, please support this resolution; if you know those who are, please ask
them to vote for it. If you need more information, or a one-page explainer, please let me know¡ªI'll
be happy to provide it!
Finally:?
The National Association of Counsel
for Children had its annual conference in Minneapolis last month. This month, the online version will be presented. I have always learned so much from their presentations (I have not tried to get Virginia CLE credit when I've attended). You can learn more
and register here:? ??
Also:
This CLE on October 4 is free for VBA members: "Helping the Helpers: Legal Assistance for Children and their Kinship Caregivers"??
Valerie
Virginia Coordinator, National Association of Counsel for
Children
Valerie L¡¯Herrou
Deputy Director, Center
for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile Line: (804) 351-5276
Fax: (804) 649-0974
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