§5108.4.  Attorney Fee Review Board

A.  The Attorney Fee Review Board, hereinafter "the board", is hereby established to review and set the hourly rates for legal fees for which the state may be liable pursuant to  R.S. 13:5108.3.  The board shall consist of all of the following members:

(1)  The chief justice of the Louisiana Supreme Court or his designee, who shall serve as chairman.

(2)  The speaker of the House of Representatives or his designee.

(3)  The president of the Senate or his designee.

(4)  The chairman of the Committee on Civil Law and Procedure for the House of Representatives or his designee.

(5)  The chairman of the Committee on Judiciary A for the Senate or his designee.

(6)  The chairman of the House Committee on Appropriations or his designee.

(7)  The chairman of the Senate Committee on Finance or his designee.

(8)  One representative from the Louisiana Trial Lawyer's Association or his designee.

(9)  One representative from the Louisiana Association of Criminal Defense Lawyers or his designee.

(10)  One representative from the Louisiana District Attorneys Association or his designee.

(11)  Attorney general or his designee.

B.(1)  The board shall meet on the first business day of October of every odd-numbered year, beginning in 2001, and shall establish reasonable hourly rates for legal fees for which the state may be liable pursuant to R.S. 13:5108.3.  The rates established shall be sufficient to accommodate matters of varying complexity, as well as work of persons of varying professional qualifications.  The rates shall become effective on the first day of January of the year immediately following the meeting of the board and shall remain effective until and including the last day of December following the next meeting of the board.

(2)  The hourly rates for legal fees established by the board pursuant to Subsection B of this Section shall be published in the December issue of the Louisiana Bar Journal immediately following the October meeting of the board.

C.(1)  The board shall also meet as needed to review any cases presented to it by a state official, officer, or employee who meets the criteria for payment or reimbursement for payment of legal fees provided in R.S. 13:5108.3(B)(1).  The board shall review the legal fees and expenses for such cases and shall provide a written determination to the legislature as to the reasonableness of such fees and expenses with respect to accepted legal practice and standards for investigation and trial of matters of such complexity, and a determination of whether the fees are in accordance with the hourly rates for legal fees for such matters as established by the board.

(2)  The office of the chief justice of the Supreme Court of Louisiana shall receive the requests for board review of individual cases  and shall administer and coordinate the review of each case.  The board shall conclude its review and make its determination with respect to any such case so that the matter may be addressed by the legislature.

Acts 2001, No. 208, §1, eff. June 1, 2001; Acts 2002, 1st Ex. Sess., No. 52, §1, eff. April 18, 2002.