CHILD WELFARE

Fee Schedule for Counsel appointed to represent children in Child Welfare Court cases in El Paso County, Texas

Effective October 1, 2010

Per Texas Family Code sec. 107.015, the County and District Court Judges of El Paso County by formal action hereby adopt the following schedule of fees for Counsel Appointed in El Paso County to represent children in Child Welfare Court cases pending before the 65th Judicial District Court and the Associate Child Welfare Court:

Fixed rate for out of court work on a Child Welfare Court case $50.00 per hour.
Fixed rate for in court work on a Child Welfare Court case: $65.00 per hour.

If Counsel is handling a case involving more than one child, the fee schedule is the actual total time spent. Thus if Counsel attends a hearing involving some or all of the children and the total actual time spent at the hearing is thirty minutes, then counsel may only be paid once for the thirty minutes and not be paid for thirty minutes for each child.

The minimum and maximum hourly rates will be the set fixed rates as set forth above. The daily rate will be the fixed hourly rate set forth above multiplied by the number of hours worked in the day. The Judge presiding in the Court which handled the case may adjust the total requested payment to counsel in a case if the Court finds that the number of hours claimed by Counsel in that case is not reasonable.

Per Texas Family code sec. 107.015, the County and District Judges of El Paso County by formal action hereby adopt the following Schedule of Fees for Counsel appointed in El Paso County to represent children in Child Welfare Court cases on appeal from the Trial Courts:

Fixed rate for research, preparation, motions, and writing the brief: $60.00 per hour.

Fixed rate for oral arguments in the Court of Appeals and/or the Supreme Court of Texas : $75.00 per hour.

If Counsel is handling a case involving more than one child, the Fee Schedule is the actual total time spent. Thus if Counsel attends oral argument involving some or all of the children and the total actual time spent at the oral argument is thirty minutes, then Counsel may only be paid once for the thirty minutes and not be paid for thirty minutes for each child.

The minimum and maximum hourly rates will be the set fixed rates as set forth above. The daily rate will be the fixed hourly rate set forth above multiplied by the number of hours worked in the day. The Judge presiding in the Court which handles the case may adjust the total requested payment to Counsel in a case if the court finds that the number of hours claimed by Counsel in that case is not reasonable.

The above Fee Schedule is to take effect on October 1, 2010.

It is so approved by formal action of the District and County Judges having jurisdiction over civil matters this 10th day of October, 2010.

Judge Patrick M. Garcia, 384th D.C.
El Paso Council of Judges
Administrative Judge