Commonwealth, Department of Corrections v. Burke

CLAY, Commissioner.

This is an appeal from a judgment allowing an attorney’s fee of $1500 to appellee for representing an indigent criminal defendant, to be paid by the Commissioner of Corrections out of an appropriation made by the 1966 General Assembly. The Department of Corrections acknowledges the reasonableness of the allowance and recognizes the fairness of an attorney’s claim for such representation. However, appellant contends there is no statutory or other authority for the allowance of attorneys’ fees in such cases.

We are cognizant of the increasing demand made upon the members of…