D.I. v. Gibson

D.I. was committed for treatment as a dangerous sex offender under the Sex Offender Commitment Act (SOCA). The Supreme Court upheld the commitment. The Douglas County public defender’s office represented D.I. during the SOCA proceedings. Thereafter, D.I. filed a pro se petition for writ of habeas corpus seeking immediate release from his commitment. At some point, attorney Ryan Stover began to represent D.I. and represented him for the remainder of the proceedings before the district court and the Supreme Court. The district court dismissed D.I.’s petition, and the Supreme Court affirmed. Stover subsequently filed an application for an order fixing attorney fees and expenses. The district court ordered Madison County to pay Stover’s fees and expenses in the amount of $6,259. The Supreme Court affirmed, holding (1) statutes authorize the payment of attorney fees incurred by court-appointed counsel representing an indigent subject challenging his custody or treatment under the SOCA via a habeas petition; and (2) Stover’s fees were for services apparently performed in that capacity, and therefore, the district court properly ordered payment of attorney fees in this case. View "D.I. v. Gibson" on Justia Law