Free CJA Payment in Non-Capital Cases/Time and Expense Worksheets - Federal

PAYMENT OF COUNSEL APPOINTED UNDER THE CRIMINAL JUSTICE ACT COMPENSATION Aggregate Limits: For direct criminal appeals, appeals from the denial of habeas corpus or § 2255 relief, and civil forfeiture appeals, a $6,100 limitation, exclusive of expenses, applies to attorney compensation. For interlocutory appeals, appeals from orders dismissing an indictment, appeals from post-judgment motions, bail appeals, commitment appeals, appeals from probation revocation proceedings, extraordinary writs, and motions for authorization to file successive petitions, an $1,800 limit applies. These limitations apply per defendant in a consolidated matter. If another attorney is substituted during the appeal, the limitations apply to joint compensation. Attorneys seeking compensation in excess of these limits must submit a separate, detailed memorandum demonstrating that the case is more complex or time consuming than the average case and that excess payment is necessary to provide fair compensation. Hourly Rates: A $110 hourly rate applies to in-court and out-of-court work. Worksheet Breakdown of Attorney Time: Attorney time must be documented on the attached worksheet or like form. The attached worksheet includes an automatic calculation function that expedites completion of the voucher and reduces mathematical errors. Time must be broken down according to date, description of services, amount of time in hours and tenths of an hour, and according to the following categories established for payment under the CJA: (a) interviews and conferences; (b) obtaining and reviewing records; (c) legal research and brief writing; (d) travel time; and (e) investigative and other work. Use of the enclosed worksheet facilitates the court's review of counsel's request for compensation, but billing records may be submitted in place of the worksheet so long as all hours claimed are assigned to one of the five CJA categories and the totals for each category are listed on the face of the voucher. What Time May Be Claimed: Counsel may claim in this court all time spent representing the client on appeal, after filing of the notice of appeal through preparation of a petition for writ of certiorari. Counsel's obligation upon appointment on appeal extends through advising the client of the right to file a petition for writ of certiorari and filing such a petition if requested. If counsel believes that a petition for writ of certiorari would be frivolous, counsel may, in lieu of filing the petition, file a motion to withdraw in this court. Claims seeking excess compensation which include work performed on a petition for writ of certiorari must be supported with a copy of the petition. Whose Time May Be Claimed: Court-appointed counsel may claim compensation for their own time as well as for the time of a partner or associate in their firm by separately identifying the provider of each service on appointed counsel's time worksheet. If appointed counsel has obtained prior authorization from the court for assistance from an attorney outside counsel's firm and the attorney authorized by the court has entered an appearance as co-counsel, appointed counsel may also claim compensation for that attorney's time. The limits on compensation set by the Act apply to all compensation claimed. Compensation may not be claimed for work performed by non-attorneys. However, a CJA Form 21 may be used to pay for services provided by paralegals at an hourly rate of $35, and for services provided by law clerks at an hourly rate of $50, if such services will result in greater efficiency and lower costs for the CJA program. If the total cost of such services will exceed $500, advance authorization is required. Secretarial services are not reimbursable. 1 Rev. 06/17/2009

EXPENSES Expense Worksheet: The attached expense worksheet automatically totals expenses to expedite voucher preparation and reduce mathematical errors. Travel Expenses: The only travel expenses subject to reimbursement are those incurred by appointed counsel. The Court will not pay travel expenses for non-appointed co-counsel or student counsel. Counsel traveling to Richmond to present oral argument should request a Travel Authorization from the clerk's office promptly after receiving notice that the case has been scheduled for argument. The Travel Authorization entitles counsel to obtain government travel rates and authorizes counsel to make plane and train reservations through Omega World Travel (Omega). If reservations are made through Omega, the clerk's office will make payment directly to the carrier after verifying that counsel used the reservation. If plane or train reservations are not made through Omega, counsel should claim reimbursement for the plane or train ticket on the CJA 20 voucher. If the ticket was more expensive than the government rate that could have been obtained through Omega, reimbursement will be limited to the government rate. Mileage expenses of 55 cents per mile may be claimed by itemizing on the enclosed expense worksheet the date, destination, and number of miles traveled. Court-appointed counsel are eligible for government hotel rates, but should make their reservations directly with the hotel rather than through Omega. One night's lodging and meals while on travel will be reimbursed at an actual expense rate not in excess of $294 for travel to Richmond. Subsistence expenses for travel to present argument at locations other than Richmond will likewise be reimbursed within limitations applicable to federal employees. All travel expenses (lodging, meals, parking, ground transportation) must be supported by receipts. Receipts for meals and lodging must be sufficiently detailed to establish that reimbursement is not being sought for alcoholic beverages, safe deposit boxes, in-room movies or other expenses which are not reimbursable under the CJA. For this reason, the hotel or restaurant bill, rather than a credit card receipt must be submitted. Reimbursement for significant travel other than for argument will be made only if counsel obtained leave of court before incurring the expense, upon a showing of specific need for the travel and the expenses to be incurred. Counsel traveling to a location for more than one representation must maintain their records in a manner that prevents submission of duplicate travel reimbursement claims. Record and Copying Expenses: CJA counsel are not required to pay court copy charges in CJA cases. The district court's PACER docket and electronic documents are accessible through a link to the district court docket from the appellate docket. The "View multiple documents" option for running a PACER docket report enables counsel to select which documents to combine into a single record for printing or saving. Counsel should use a fee exempt PACER account when accessing electronic documents in CJA cases, rather than seeking reimbursement for such charges. A separate, fee exempt PACER account can be obtained for use in CJA cases by faxing a completed registration form to the PACER Service Center with a notation that the account is for fee exempt CJA work. Transcripts may be requested from the court reporter in either paper or electronic form. Upon receiving the transcript, counsel is responsible for requesting redaction of any private or sensitive data before the transcript is made publicly available on the district court's electronic docket, in accordance with the Judicial Conference Policy on Privacy and Public Access to Electronic Case Files. Presentence reports, if not available from the district clerk, may be requested from the probation office for the appeal.

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Counsel may obtain reimbursement for in-house copying of documents at a rate not to exceed $.15 per page by itemizing on the enclosed expense worksheet the dates, number of copies, and cost per page. Counsel may claim reimbursement for copying portions of the record for the defendant, up to $75, and for providing defendant with a copy of the briefs and joint appendix. For photocopying of briefs and appendices by commercial printers, reimbursement for actual expenses not to exceed $.35 per sheet may be obtained by submitting a receipt detailing what was copied, number of copies, and cost per copy. Double-sided copying must be used for appendices prepared by commercial printers. Under Local Rule 32(a), no appendix in a courtappointed case may exceed 500 pages (or 250 double-sided sheets if commercial copying is used) absent advance permission from the court. Unless counsel has obtained leave to file an oversize appendix, reimbursement will be limited to the pages allowable under Local Rule 32(a). In addition, counsel may be required to bear any additional costs associated with resubmitting corrected briefs and appendices in cases where counsel did not follow the court's rules in the initial submission. If a commercial printer prepares the briefs and appendix, a separate application may be made on CJA Form 21 for direct payment of printing bills, in excess of $100, to the printer. Petitions for rehearing must be copied in-house. Because Rule 14(1)(i) of the Supreme Court Rules requires only a limited appendix to accompany a petition for writ of certiorari, copying costs for petitions for writs of certiorari and accompanying appendices shall not exceed $300 absent advance permission of the court of appeals. Long Distance Telephone Calls and Facsimile Charges: Counsel may claim reimbursement for long distance phone calls and facsimile charges by itemizing on the enclosed expense worksheet the date and amount of the long distance charge. If the amount exceeds $50, a copy of the bill is required. Any other charge associated with use of counsel's phone or fax equipment is considered non-reimbursable office overhead. Postage and Courier Charges: Delivery charges may be claimed by itemizing on the enclosed expense worksheet the date, description of expense, and cost. Any expense in excess of $50 must be supported by a detailed receipt. Briefs and appendices are deemed filed upon first-class mailing or dispatch to a commercial courier for delivery within three days, and counsel should minimize the use of special services such as same day or overnight delivery. Computer Assisted Legal Research: The cost of use by appointed counsel of computer assisted legal research equipment may be allowed as a reimbursable expense, provided that the amount claimed is reasonable. Claims for reimbursement for computer assisted legal research must be supported with a copy of the bill and receipt for the use of the legal research services or an explanation of the precise basis of the charge (e.g., indicating the extent to which it was derived by proration of monthly charges or by charges identifiable to the specific research). If the amount claimed is in excess of $500 or if it includes costs for downloading or printing, counsel should include a brief justification. Payment for research services performed by employees of a computer legal research firm is made on a CJA Form 21, upon a showing that the total amount charged for the services is reasonable. If the total cost of such services will exceed $500, advance authorization is required. Interpreter and Translation Services: Counsel requiring interpreter services to communicate with a client should contact the district court for a listing of interpreters and request advance authorization from the court of appeals, setting forth the cost based on the estimated number of hours at a rate not in excess of $54 per hour. Counsel requiring translation services to translate court briefs, transcripts, or other documents should contact the district court for a listing of 3 Rev. 06/17/2009

interpreters and request advance authorization from the court of appeals, setting forth the cost based on the estimated number of words at a rate not in excess of $155 per 1,000 words. Counsel filing an Anders brief must arrange for translation of the brief, Anders letter, essential portions of the record, and any supplemental brief the Anders defendant wishes to file. CLAIM PROCEDURE When to Apply: The court will send counsel a CJA 20 pay voucher along with instructions when judgment is entered. The completed voucher must be filed within 60 days of entry of judgment, denial of a petition for rehearing, or the grant or denial of a petition for certiorari, whichever is later. Vouchers must be carefully reviewed prior to submission to ensure that they do not contain errors, duplicate claims, or other improper charges. Vouchers are filed in paper form, not in electronic form. What to Submit: Counsel must submit the CJA 20 pay voucher, the worksheets itemizing counsel's services and expenses, and all receipts. Receipts are required for all travel expenses, non-office copying services, and any other expense in excess of $50. Hotel and restaurant bills are required for lodging and meal expenses. If counsel is seeking reimbursement for a plane or train ticket that was not purchased through Omega Travel, counsel must submit a copy of the ticket or receipt and the Travel Authorization obtained from the clerk's office and must include a statement that the ticket cost less than the government rate available through Omega. If counsel purchased a plane or train ticket through Omega Travel, Omega will submit the claim to the Court and receive direct payment. If counsel is claiming time in excess of the aggregate limits, counsel must attach a detailed memorandum demonstrating that the case was unusually extended or complex and that excess payment is necessary for fair compensation; counsel must also submit a copy of the petition for writ of certiorari if one was filed. If counsel is seeking payment for services performed by a legal research firm, paralegal, legal assistant, law student, or law clerk, a CJA Form 21 (available at http://www.ca4.uscourts.gov) must be completed. Records: Counsel must maintain contemporaneous time and expense records for all work performed and expenses incurred. The records must be maintained by counsel for three years because the Criminal Justice Act makes vouchers subject to audit for three years after approval of payment. Any overpayments are subject to collection, including deduction from amounts due on future vouchers. Public Disclosure: CJA Form 20 vouchers filed by counsel are subject to public disclosure unless disclosure should be limited based upon: (1) protection of any person's Fifth Amendment right against self-incrimination; (2) protection of the defendant's Sixth Amendment right to effective assistance of counsel; (3) the defendant's attorney-client privilege; (4) the work-product privilege of defendant's counsel; (5) the safety of any person; or (6) any other interest that justice may require. If counsel wishes to request redaction or non-disclosure of any portion of the voucher based upon one of these interests, counsel should seek such relief by motion at the time the voucher is filed. Absent such a motion, the voucher is available to the public upon request. Questions: Payment of attorneys appointed under the Criminal Justice Act is governed by the court's Plan in Implementation of the Criminal Justice Act and Volume VII of the Guide to

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Judiciary Policies and Procedures, both of which are available at www.ca4.uscourts.gov. Questions regarding compensation, reimbursable expenses, or record keeping should be addressed to Patty Layne in the clerk's office at 804-916-2727.

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Case No. Voucher No.

OUT-OF-COURT HOURLY WORKSHEET - ALL TIM E M UST BE SUBM ITTED IN TENTH (1/10th) HOUR INCREM ENTS
Date Brief Description of Services Interviews and Conferences Obtaining Records and Reports Legal Research and Writing Travel Time Investigative and Other Work

PAGE TOTAL SUB TOTAL I declare under a penalty of perjury that the foregoing is true and correct.
Attorney Date Submitted

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OUT-OF-COURT HOURLY WORKSHEET - ALL TIM E M UST BE SUBM ITTED IN TENTH (1/10th) HOUR INCREM ENTS
Date Brief Description of Services Interviews and Conferences Obtaining Records and Reports Legal Research and Writing Travel Time Investigative and Other Work

PAGE TOTAL SUB TOTAL I declare under a penalty of perjury that the foregoing is true and correct.
Attorney Date Submitted

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OUT-OF-COURT HOURLY WORKSHEET - ALL TIM E M UST BE SUBM ITTED IN TENTH (1/10th) HOUR INCREM ENTS
Date Brief Description of Services Interviews and Conferences Obtaining Records and Reports Legal Research and Writing Travel Time Investigative and Other Work

PAGE TOTAL SUB TOTAL I declare under a penalty of perjury that the foregoing is true and correct.
Attorney Date Submitted

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OUT-OF-COURT HOURLY WORKSHEET - ALL TIM E M UST BE SUBM ITTED IN TENTH (1/10th) HOUR INCREM ENTS
Date Brief Description of Services Interviews and Conferences Obtaining Records and Reports Legal Research and Writing Travel Time Investigative and Other Work

PAGE TOTAL SUB TOTAL I declare under a penalty of perjury that the foregoing is true and correct.
Attorney Date Submitted

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Case Number: Voucher Number:

EXPENSE WORKSHEET Date Brief Explanation Mileage Parking Meals Lodging Copying Postage Toll Calls Telegrams Other

TOTAL AMOUNT PER ITEM
I declare under penalty of perjury that the foregoing is true and correct. Signature

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