Dear Valerie,
I am very interested in advocating for the fee cap increase.?
Also, has it been addressed what parents¡¯ counsel get paid in a Child Protective Order? It is horrible compared to a foster care case. While, both are the same fee cap ($120 per child), in a foster care case, the fee cap resets at each stage (ie foster care review, permanency planning, etc). In a Child Protective Order case, it is $120 per child for the entirety of the case (5-day hearing, adjudication, disposition and any review hearings). In my area (24th Judicial district), it is common to come back for at least one, if not two or possible three review hearings. Thus, by the end of a Child Protective Order case, per hour, I make less than minimum wage due to the $120 fee cap.
Cordially,
Katherine A. Decker, Esq.
Foundations Law, PLLC
P.O. Box 12002
Lynchburg, VA 24506-2002
Phone: (434) 841-9790
Fax: (434) 485-5415
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On Sep 18, 2023, at 10:47, Valerie L'Herrou < valerie@...> wrote:
Thanks for this question, Morgan!
Yes, it is anticipated that this issue will be put before the Bar Council at their next meeting, October 12/13.
If anyone is interested in advocating for this issue with the Bar Council, let me know! I am creating an advocacy information packet.
<Outlook-udu3kc3w.png> Valerie L¡¯Herrou Deputy Director, Center for Family Advocacy
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
Direct/Mobile: (804) 351-5276 Fax: (804) 649-0974
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Valerie,
Do you know when Bar Council is voting or has it already?happened?
Morgan A. Cox The Child Advocate Law Firm PLLC????? ? ? ? ? ? ? ? ??
1710 Allied Street, Suite 21
Charlottesville, VA 22903 Phone:? 434-282-4575 Fax:? 434-205-9200 Privilege and Confidentiality Notice:? This e-mail message, and any files or text attached, are intended only for the recipients named above in the message headers and contain information that may be attorney-client privileged and/or confidential information intended for the sole use of the named recipient(s) only. Any unauthorized review, use, copying, disclosure or distribution of this message is strictly prohibited. If you are not an intended recipient of this message (or authorized to receive for the recipient), please contact the sender by reply e-mail and destroy all soft and hard copies of the message and any attachments. Thank you for your cooperation.
On Fri, Sep 1, 2023 at 1:16?PM Valerie L'Herrou < valerie@...> wrote: 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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