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Subcommittee raises pay cap for special conflict prosecutors and staff to expand options for conflict cases
Summary
The panel approved a change to increase the hourly cap for outside conflict prosecutors to $250 and for staff to up to $110 to ensure qualified counsel are available for conflict appointments in complex or resource‑intensive cases.
The Judiciary Noncivil subcommittee approved a measure to raise pay caps for private attorneys appointed to handle conflict prosecutions when elected district attorneys or solicitors have ethical conflicts.
What the change does: The proposed statutory adjustment raises the permissible hourly rate for appointed outside special prosecutors to a maximum of $250 per hour and allows up to $110 per hour for additional staff, according to testimony. The sponsor said the adjustment would be an infrequent tool, used when locally available prosecutors are conflicted and the attorney general or neighboring offices cannot accept appointment.
Why it matters: Prosecutors and solicitors told the panel that current caps (cited as $66 per hour for private appointments) make it difficult to recruit experienced counsel for complex prosecutions and that higher rates and staff funding help ensure cases are prosecuted appropriately when the appointing office lacks capacity.
Vote: The subcommittee voted to report the bill do pass. The sponsor and prosecutors’ counsel said the change is rarely used but important as a backstop to preserve prosecutorial capacity and ethical responsibilities.
Ending: The bill advances to full committee with bipartisan support.
