Commitment Appeal Panel Compensation and Reimbursement

Hourly Rates for Court-Appointed Attorneys

• $100.00 per hour attorney fees
• $50.00 per hour travel time

Attorney hourly fees should be billed in tenth-of-hour (six minute) increments. Attorneys do not need a separate Commitment Appeal Panel appointment if already appointed by the District Court. 

Hourly Rates for CAP-Appointed Examiners

• $175.00 per hour examiner fees (effective July 1, 2025)
• $50.00 per hour travel time

Examiner hourly fees should be billed in tenth-of-hour (six minute) increments. 

Effective Jan. 1, 2023, a maximum fee of $10,000.00 per case shall be paid for services performed in a CAP case (both SDP/SPP and MI&D CAP cases), not including travel compensation and related expenses, unless prior authorization has been obtained from the CAP to exceed the maximum fee. To obtain prior authorization to exceed the maximum fee, complete the Judicial Branch request form located at this web page (under the “Program Policies” tab) and submit it to the Chief Judge of the Panel

Reimbursement for Reasonable Expenses

• Mileage (IRS Rate): 70 cents per mile
• Photocopying: $ 0.15 per page
• Faxing: Reimbursement will be limited to the actual cost of long distance phone calls for outgoing documents.  The costs of a fax machine, its supplies and associated phone line are considered general office overhead expenses, which are not reimbursable.
• Long-Distance Telephone Charges: Actual cost
• Postage: Reimbursement will be made for the actual cost of case-related regular U.S. postage. 
• Computer-Based Research: Actual cost of case-related legal and internet research (must state issue researched). If no actual costs were incurred, compensation will be limited to time spent conducting the research. Pro rata subscription costs will not be reimbursed.  
• Parking: Actual cost 
• CAP Hearing Transcripts While Matter is Pending Before the Appeal Panel: Reimbursement is limited to one transcript for use between hearings or for preparing written closing arguments without preapproval.  Attorney pays for transcript and submits receipt for reimbursement as a litigation cost. Transcripts for appeals of CAP decisions to the Court of Appeals are a county responsibility (see below).

For reimbursement of reasonable expenses not listed above, court-appointed attorneys and examiners should seek preapproval by emailing the DHS Legal Services Coordinator at dhs.msopsrbcoordinator@state.mn.us.  

Expenses Not Covered

General office overhead such as expenses for personnel and administrative services, rent, general office equipment and supplies, and timekeeping and bill preparation are not covered expenses. Personal educational seminars are also not covered.  

Special Review Board Proceedings and Appeals of CAP Orders

Committed individuals are entitled to continuous representation by counsel during commitment proceedings and during all times the individual is under commitment.  See Comments to Minn. Commitment and Treatment Act Rule 9.  Minnesota Direct Care and Treatment (DCT) is responsible for compensation of court-appointed counsel for their work representing committed individuals during CAP proceedings.  Minn. Stat. § 253B.19, subd. 1.  The County of Financial Responsibility has payment responsibility for counsel fees and costs associated with representing committed individuals at other stages of the commitment and reduction in custody process—including fees and costs incurred before the Special Review Board and in appeals of CAP orders.  See In re Hefler, 378 N.W.2d 808, 811 (Minn. Ct. App. 1985);  see also Minn. Stat. §§ 253B.23, subd. 1, 253D.03.  

Accordingly, DCT is responsible for payment and the rates and reimbursement guidelines outlined in this document apply from the time any party files a petition for rehearing and reconsideration with the CAP until the CAP issues its final order.  

Before a petition for rehearing and reconsideration is filed with the CAP and after the CAP issues its final order, counsel should seek compensation and reimbursement from the county.  When a transcript is required for an appeal of a CAP order and the appellant is the committed person, this is a county expense and the court-appointed attorney is responsible for arranging county payment to the court reporter. 

Submitting Invoices to DCT for CAP Fees and Expenses

Invoices must include the following information: 

• MSOP Client Name
• AP File Number
• Description of the Service(s) Provided
• Date(s) of Service
• Appropriate Reimbursement Rate (see above)

Invoices should be submitted monthly during the course of a matter and a final invoice soon after the CAP’s dispositive order to ensure prompt payments by Direct Care and Treatment.  

All invoices must be emailed to dhs.msopsrbcoordinator@state.mn.us or mailed directly to Direct Care and Treatment at the following address: 

                                        ATTN: Melissa Simmons
                                        Direct Care and Treatment
                                        General Counsel’s Office
                                        PO Box 64992
                                        St. Paul, MN 55164-0992

Please note: You must be registered as a vendor with Minnesota Management and Budget (MMB) before the state can issue payment to you.  To register as a vendor, visit: www.mmb.state.mn.us/vendorresources.

Frequently Asked Questions

Q: Is the cost of subscription for research tools such as Westlaw or Lexis reimbursable?

No. Such costs are considered part of office overhead.

Q: May I charge for time associated with “travel to the copy center,” “photocopying,” or “binding?”

Generally, no. Time spent on these tasks is considered office overhead, not compensable legal work.

Q: May I charge for time associated with “closing a file” or “billing?”

Generally, no. Time spent on these tasks is considered office overhead, not compensable legal work. However, you can charge for your time in connection with your final closeout correspondence with your client. 

Q: Who should I contact with questions about compensation and/or reimbursement for my work on CAP cases?

Contact the DCT Legal Services Coordinator at dhs.msopsrbcoordinator@state.mn.us.