EN BANC
1999-AD-00001

Administrative Orders, IN RE: Disposition: On Court's own motion and until further order of this Court, the appointment and compensation of counsel in post- conviction proceedings for persons under sentence of death and the allowance of litigation expenses shall be provided in accordance with the following guidelines and considerations : (1) A single attorney can be expected to represent a party seeking post-conviction relief in death sentence cases. However, upon motion, the trial court may make a determination as to whether two attorneys are appropriate, due to unusual circumstances or the complexity of the proceeding, and, if so, order the appointment of two attorneys. (2) In determining compensation for counsel appointed in such matters the trial court shall, in the absence of other applicable statutory or rule provision, consider the provisions of Miss. Code Ann. Section 99-15-17 providing for compensation of trial and appellate counsel in death penalty cases and guidance found in Wilson v. State, 574 So. 2d 1338 (Miss. 1990). The trial court may retain jurisdiction of such question in order to reconsider and adjust compensation of counsel in the light of statutory or rule provision for compensation of death penalty post-conviction counsel as may be enacted or adopted during the pendency of the proceeding. (3) Prior to the approval of expenses for litigation, the defendant shall present to the trial court, with notice to the State and an opportunity for the State to be heard, a request estimating the amount of such expenses as will be necessary and appropriate in the matter, and the court will determine and allow such expenses as are justified upon hearing of the request for expenses. In requesting such expenses, the defendant shall make a preliminary showing that such expenses are necessary to the presentation of his case and that they relate to positions which may reasonably be expected to be beneficial. To the extent that the court may find that the disclosure of identity of experts or other factual matters may hinder a fair preparation of the defendant's case, the disclosure thereof may be presented in camera without disclosure to the State. All orders initially allowing litigation expenses shall be subject to review and reconsideration from time to time as the court may find necessary, and payment under such orders will be approved only upon the submission of specific detailed invoices and review by the court. Should the court find that such invoices contain information which if disclosed to the State would unfairly disclose confidential information detrimental to the defendant's fair presentation of his case, the court shall consider those portions in camera without disclosure to the State. McRae, J., dissents. Order entered.