Smithson

This is a proceeding in mandamus to determine petitioner’s right to an allocation of public funds for the purpose of hiring a private investigator.

Because of a conflict with the public defender’s office, petitioner, an indigent criminal defendant, is represented by court-appointed counsel. (Pen. Code, § 987.2.) His counsel petitioned respondent court for an allocation of public funds to hire a private investigator. Respondent *34 granted the motion, by way of a written order, allowing a total of $750. Respondent orally advised counsel, however, that the $750 was not to be expended at a rate in excess of $12.50 an hour. Respondent further advised counsel that it had a list of investigators who would work at that hourly rate.

When counsel contacted the investigators, none would work at $12.50 an hour. Contact with investigators not on the list produced similar results. Counsel’s efforts to hire an investigator led him to conclude that the minimum rate at which he could do so was $20 an hour. He then petitioned the court for an order authorizing payment of $20 an hour. Respondent, having determined to its own satisfaction that the private investigators of Ventura County…