It’s good news that an increase in the 18b hourly rate is under consideration. An increase is long overdue. But another aspect of the rate structure also requires attention. Under present law, presumptively, lawyers may be paid no more than $4,400 per case—that equates to 59 hours of work. The case caps make unjust convictions even more unjust by deterring lawyers from spending the time needed to investigate and prepare and thus represent their clients competently in plea negotiations and at trial.

For this reason, several states have held case caps unconstitutional. In fact, New York did too, in 2003. But that ruling, although never vacated, appears to have been abrogated by the subsequent stipulation that increased the rates but left the caps intact.

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