Direct Expense Checklist

Revised July 1, 2019

 

Please use PUBLIC DEFENDER SERVICES' (PDS) VOUCHER FORMS revised in July 2009. The Direct Expense Voucher consists of the following: Order Approving Payment, Defense Expense Voucher. Public Defender Services requires only one certified copy of the Direct Expense Voucher and invoices. For copies of the checklist and Direct Expense Voucher Form contact our office at (304) 558-3905 or our web site: http://www.pds.wv.gov.

To receive payment, a W-9 form must be on file in our office. The payee name and tax identification number on the voucher must match the name and number on the W-9. Please contact Lisa Knell by phone: (304) 558-3905 or email: Lisa.D.Knell@wv.gov. The W-9 Form can be found on the IRS web site: http://www.irs.gov.

NOTE: The direct expense invoice must be $200 or more to be eligible for the service provider to bill as a direct expense.

 

PLEASE NOTE:

When resubmitting vouchers returned (bucked back) for errors, please DO NOT redo the entire voucher OR use white out on the voucher. Every voucher received by PDS is audited and entered into our computer system which assigns the voucher an Invoice Number. The Invoice Number is the nine digit number listed at the top of the Order Approving Payment. In order to prevent duplication or further delay in processing of the voucher, please attach or correct what is requested on the letter and return the entire voucher along with the Buck Letter to PDS. The "bucked" vouchers are pulled from the regular mail and processed as soon as possible because they have already been through the system and do not require complete auditing and re-entering into the computer system.

ORDER APPROVING PAYMENT:

  • Client's name and case number must be the same on all pages of the voucher and any invoices. List the client's state of residence.
  • Entered date must be a complete date (Month, Day, Year) and any changes to this date must be initialed.
  • Must have the Judge's signature.
  • Must have the embossed (raised) seal. The State Auditor will not accept photocopies.
  • Enter the payee's name and tax identification number as reported to the IRS. Changes in the payee's name or tax identification number must be provided to our agency.  Failure to do so will result in a delay of processing your vouchers.
  • Provide the Payee's Mailing Address.  Changes of address must be provided to our agency.  Failure to do so will result in a delay of processing your vouchers.  If you have sold your vouchers to a financial service, the mailing address must be the financial service's address.
  • If the dollar amount was altered or any written changes appear on the order, the changes must be initialed by the judge.

DIRECT EXPENSE VOUCHER:

  • Type of proceeding must be on the voucher.
  • The specific criminal charge(s) must be listed for each case number. Please specify 1st, 2nd, or 3rd offense.
  • List the code citation.
  • Must have the attorney's signature with date.
  • Must have the payee's telephone number, fax number, and email address.
  • Expense totals: Include only those for the appointed attorney submitting the direct expense voucher. Do not include expenses claimed by another attorney appointed to the same case.

INVOICE REQUIREMENTS:

  • Any expense of $10.00 or more needs to be fully itemized and/or an itemized invoice must be attached.
  • In house photocopies and faxes: $.10 per page maximum for copies and faxes.
  • Trial Supplies: PDS reimburses for expenses unique to the trial (i.e., exhibits). Supplies which are reusable for any purpose, like envelopes, pens, note pads, are considered office overhead and are not reimbursable.
  • NOTE: Travel and meal reimbursement are made according to the Governor's Travel Rules and Regulations authorized by Travel Management Office. Web site address: http://www.state.wv.us/admin/purchase/travel/.
  • Meal reimbursement: Allowable only on overnight stays. Must list the date and time of departure and date and time of return.
  • Mileage: Must be itemized (date, number of miles, rate per mile). 
  • Court Reporters: A complete itemized invoice on court reporter's letterhead (date of service; number of pages; rate per page; type of proceeding transcript, i.e. magistrate or circuit ) must be attached. Reimbursements are as follows:
  • Circuit Court Hearings:
    Grand Jury Transcripts:
    Depositions (In or Out of Court):
          $2.85 Per Page for Original
          $1.00 Per Page for Copy
          $25 Appearance Fee
                   Not allowed if there is a transcript
          No Mileage Allowed
    Magistrate Hearings:
    Preliminary Hearings:
    For Services Rendered on or After July 1, 2008:
          $1.00 Per Page 
          No copies
          $5.00 Fee for Tape
          No Appearance Fees Allowed
    For Services Rendered Between January 1, 2001 to June 30, 2008:
          $1.60 Per Page for Expedited Typing
          $1.50 Per Page for Typing
          $0.50 Per Page for Copy
          No Appearance Fees Allowed
          $5.00 Fee for Tape
  • Investigative Services:  A complete itemized invoice on expert witness' letterhead must be attached. Invoice must show dates of service, number of hours worked, rate per hour, mileage, rate per mile and a brief description of services for each entry. Investigative services are reimbursable at a maximum of $30.00 per hour.
  • Paralegal Fees: PDS will reimburse paralegal services at $20.00 per hour. In order to be reimbursed for paralegal time, you must provide a fully itemized invoice on letterhead. The invoice should detail the dates of service, time, and brief description of activity in the same form that attorney time and services are detailed. The identity of the paralegal must be stated and a separate invoice must be prepared by each paralegal. The paralegal, by statute, cannot bill for "in-court" time unless approved by the court. The maximum compensation for in-court paralegal services is $1,000.00. Paralegal time is an expense on the appointed attorney's voucher and cannot be billed on a Direct Expense Voucher.
  • Expert Witnesses: A complete invoice on expert witnesss' letterhead. Invoice must show the date of service, service provided and the hourly rate.