New Hampshire § 604-A:6 Services Other Than Counsel

New Hampshire Statutes

§ 604-A:6 — Services Other Than Counsel

New Hampshire·Title LIX PROCEEDINGS IN CRIMINAL CASES·Ch. 604-A ADEQUATE REPRESENTATION FOR INDIGENT DEFENDANTS IN CRIMINAL CASES

I.In any criminal case in which counsel has been appointed to represent a defendant who is financially unable to obtain investigative, expert, or other services necessary to an adequate defense in his or her case, counsel may apply therefor to the court, and, upon finding that such services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the defendant. The court may, in the interests of justice and upon finding that timely procurement of necessary services could not await prior authorization, ratify and approve such services after they have been obtained. The court shall determine reasonable compensation for the services and direct payment upon the filing of a claim for compensation

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I. In any criminal case in which counsel has been appointed to represent a defendant who is financially unable to obtain investigative, expert, or other services necessary to an adequate defense in his or her case, counsel may apply therefor to the court, and, upon finding that such services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the defendant. The court may, in the interests of justice and upon finding that timely procurement of necessary services could not await prior authorization, ratify and approve such services after they have been obtained. The court shall determine reasonable compensation for the services and direct payment upon the filing of a claim for compensation supported by an affidavit specifying the time expended, the nature of the services rendered, the expenses incurred on behalf of the defendant, and the compensation, if any, received in the same case for the same services from any other source.
II. The administrative judges of the circuit and superior court may designate classes of routine, necessary services, under $1,500 per service, that are not subject to the procedure above. Invoices classified as routine and necessary may be submitted directly to the judicial council for review and payment. These invoices shall include a certification by the attorney assigned to the case that the services were necessary to representation in the matter that the attorney was assigned to.
III. The executive director of the judicial council may, upon review of any particular invoice, decline to process such invoice without judicial review, and may direct the attorney to go through the process outline in paragraph I.
IV. Vendor invoices and certifications under this section will be retained by the judicial council.
V. Any indigent defendant appearing pro se may seek services as outlined in paragraph I.

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