Magnus v. Jackson

Opinion

FRANSON, J.

Appellant appeals from an order of the superior court denying his petition in mandate to compel respondent to pay him $1,616.91 for-legal services rendered in representing two indigent criminal defendants.

Appellant, an attorney, was appointed by the superior court on two occasions to represent indigent criminal defendants. He handled each case through sentencing. By reason of “inadvertence and neglect” he did not file with the court a statement of his services until approximately

4½

months after completion of his services. The court fixed the reasonable value thereof in the amounts of $746.91 and $870. Upon presentation to respondent of his claims for payment, the claims were rejected on the

[401]

ground that they were not timely filed within the one-year period as provided in Government Code section 911.2.

The question is whether appellant is entitled to payment from the county for his services as fixed by the court, even though he failed to file his claims with the county within one year from the date of the last service performed. We hold that he is.

Government Code section 911.2 provides that a claim relating to any cause of action (other than for death or for injury to person or to personal property or growing crops) shall be presented to the public entity

“not later than one year after the accrual of the cause of action.”

(Italics added.)

Penal Code section 987.2 (formerly Pen. Code, § 987a) provides that assigned counsel “shall receive a reasonable sum for compensation and for necessary expenses

the amount of which shall be determined by the court,

to be paid out of the general fund of the county.” (Italics added.)

Penal Code section 987.2 does not require a court order for payment of services, but only that the amount shall be fixed by the court.