3.38.040 Superior Court adult caseload limits and types of cases.
The caseload should allow each attorney to dedicate the time and effort necessary to ensure effective representation of each client. Caseload limits should be driven by the number and type of cases being assigned and consistent with the standards set forth below.
(1) Probation violations and partial representations (material witness, remand for disposition following appeal):
(a) One-third of a case up to five hours.
(b) Every three-hour increment beyond that an additional one-third of a case; e.g., eight hours equals two-thirds of a case, nine to 11 hours equals one full case, and 12 to 13 hours equals one and one-third cases.
(c) “Probation violations,” in addition to its ordinary meaning, is understood to include assigned representation for noncompliance hearings, community service reviews, diversion revocations and Drug Court remands.
(2) Exonerations: zero case credits (they will be absorbed in the “first appearances” formula).
(3) Case closed due to warrant status of 60-plus days and withdrawals/substitution of counsel after less than four hours: one-third case.
(4) Fugitive from justice:
(a) Two-thirds case up to first 15 hours.
(b) Additional one-third case for each additional five-hour increment.
(5) Drug Court: 0.20 caseloads (30 case credits per year).
(6) First appearances: 0.20 caseloads (30 case credits per year).
(7) Rules of Appeals of Decisions of Courts of Limited Jurisdiction (RALJ):
(a) One case up to first 25 hours.
(b) Additional one-third case for each additional eight-hour increment.
(8) Mental Health Court staffing: two case credits per year.
(9) New cases:
(a) One case up to the first 35 hours attorney time.
(b) Additional case for each extra 10-hour increment.
(10) Superior Court adult caseload general considerations:
(a) Individual attorney case credits should not exceed 150 per year.
(b) Representation on a “case” is understood to terminate upon entry of the final disposition and/or the matter being outstanding to warrant for 60 or more days.
(c) Final disposition includes judgment and sentence or disposition order (for probation violations), entry into Drug Court (upon expiration of the “opt-out” period), or 90 days following entry of a pre-trial diversion agreement.
(d) Residential drug offender sentencing alternative (DOSA) cases are to be closed upon completion of the residential treatment portion of the sentence. Motions to revoke residential DOSA, before or after the completion of the residential treatment portion of the sentence, are to be treated as probation violations. Post not guilty by reason of insanity (NGRI) proceedings outside of Mental Health Court staffing will be treated as probation violations. The standards set forth above presume supervisory attorney staffing.