Judge vows attempt to resolve Philly death-penalty lawyer pay

A Philadelphia judge Monday canceled further hearings on a challenge to the city's method of reimbursing lawyers who agree to represent the poor in death-penalty cases.

Common Pleas Court Judge Benjamin Lerner confirmed that he called off hearings set for Thursday and Dec. 9 so that he and President Judge Pamela Pryor Dembe could negotiate a fairer fee structure.

"Legal counsel, the court, and the president judge have agreed to attempt to resolve compensation and related issues without further litigation," Lerner said.

Lerner's order followed a hearing Nov. 19 ordered by Pennsylvania's Supreme Court to investigate claims by a nonprofit death-penalty defense group that Philadelphia's pay rate for lawyers appointed in capital cases is so low that it violates the clients' constitutional right to an effective defense.

Marc Bookman, executive director of the city-based Atlantic Center for Capital Representation, which filed the fee challenge, said he was "cautiously optimistic that a fair resolution can be found."

"We are pleased that the Philadelphia court administration has recognized the problems that have been caused by absurdly low resources committed to the defense of death-penalty cases," Bookman said.

Bookman said the flat-fee system "has resulted in a high number of reversals, a low level of defense practice, and a backed-up court system that is unfair to victims and defendants alike."

Bookman said he looked forward to taking part in the negotiations, but added that "we are intent on continuing this litigation if the resolution is not fair."

An analysis by The Inquirer this year found that scores of Philadelphia death-penalty cases had been overturned or sent back to court for new hearings because of serious errors by defense lawyers, many working on behalf of indigent clients at taxpayers' expense. Critics argue that the low fees are a key reason for that.

The center filed the fee challenge with the Supreme Court in June after twice being rebuffed on technical grounds by Common Pleas Court Administrative Judge D. Webster Keogh.

The high court appointed Lerner to conduct the inquiry into the center's claims.

Capital cases are among the most time-consuming and complex, commonly taking two years to come to trial and running three weeks or more from jury selection to verdict.

According to data in the Atlantic Center's original petition, Philadelphia pays court-appointed death-penalty lawyers less than "any remotely comparable jurisdiction in the country."

In Philadelphia, a lawyer who accepts a death-penalty case that goes to trial gets $2,000 for trial preparation.

After the first day of trial, the court-appointed lawyer gets a daily fee of $200 for less than three hours and $400 a day over three hours.

In other counties, the petition reads, lawyers who accept capital appointments are reimbursed at an hourly rate ranging from $50 in Allegheny County to $125 in Lycoming County.