O'Donnell v. Justice Administrative Commission

On Motion for Reconsideration

WARNER, J.

We grant respondent’s motion for reconsideration, withdraw our previously issued opinion and substitute the following in its place.

In ordering fees for private court-appointed counsel in a criminal case, the trial court failed to make any factual findings concerning the reasonable number of hours or hourly rate and improperly considered the court’s own budgetary issues in determining the fee to be set. Counsel petitions for certiorari review of the fee award.1 We grant the petition, agreeing that the court failed to make the necessary factual findings.

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