The judge or judges of a multi judge circuit shall determine the method of compensation to be paid under a panel program.

Each program shall prescribe minimum fees to be paid as a total fee, regardless of hours, in certain categories of cases, governed by these rules. In prescribing such minimums, the court shall take into consideration the complexity of the case categories and the corresponding fee that is presently being obtained by competent members of the local bar for such representation where privately retained. While the fee paid under the panel program need not equate that of a corresponding fee obtained by a private practitioner, there should be a reasonable relationship.

Compensation for a capital felony case in which the death penalty is sought shall be at the same hourly rate as other cases, but each case should be examined by the court and the fee total should be based on a complete examination of the individual case. Special attention should be given to continuing counsel obligations in death penalty cases when conviction and imposition of the death penalty occur.

The court may establish a committee composed of a designee of the chief judge, the local county governing authority and the local bar association to perform the functions of establishing fee guidelines and approval of fees.