13-4013. Counsel assigned in criminal
proceeding or insanity hearings; investigators and expert
witnesses; compensation
A. If counsel is appointed by the court and represents the defendant in either a
criminal proceeding or insanity hearing, counsel shall be paid by the county in which the
court presides, except that in those matters in which a public defender is appointed, no
compensation shall be paid by the county. Compensation for services rendered to the
defendant shall be in an amount that the court in its discretion deems reasonable,
considering the services performed.
B. If a person is charged with a felony offense the court may on its own initiative
and shall on application of the defendant and a showing that the defendant is financially
unable to pay for such services appoint investigators and expert witnesses as are
reasonably necessary to adequately present a defense at trial and at any subsequent
proceeding.
C. Compensation for investigators and expert witnesses who are appointed pursuant
to subsection B of this section shall be at such rates as the county contracts for such
services. If a necessary expert witness represents a discipline or has a skill that is
not then the subject of a county contract, the county may either promptly procure those
services pursuant to section 11-254.01 or ask the court to establish a reasonable fee for
that witness. If no investigator or expert witness who is under contract with the county
to provide services is available and the defendant is unable to obtain such services at
the county rate, the court shall establish a reasonable fee for the expert witness or
investigator providing the service.
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