Gilbert v. Superior Court

This petition, filed by a criminal defense attorney, challenges the trial court’s reduction of his compensation as appointed counsel. He was originally appointed at $75 per hour and $750 per day of trial, but after trial the court reduced his total compensation from approximately $78,000 to under $40,000. The final compensation was based upon a county bar association fee schedule for its criminal defense panel, rather than upon the original fees set by the court. We conclude that the court erred in reducing petitioner’s fees after he had performed his services.

John Robert Tapia, petitioner’s client, was charged by information filed May 6, 1981, with two counts of murder in the first degree and with four special circumstances. Jules F. Bonjour, Jr., was retained as his attorney. On February 8, 1982, the California Supreme Court filed its original version of Keenan v. Superior Court (1982) 30 Cal.3d 750 , modified May 6, 1982, 31 Cal.3d 424 [ 180 Cal.Rptr. 489 , 640 P.2d 108 ], finding an abuse of discretion in a trial court’s failure to appoint second counsel for a death penalty defendant.

Thereafter, Mr. Bonjour made an application for second counsel for Mr. Tapia. Mr.…