INSTRUCTIONS FOR PREPARATION OF COURT-ASSIGNED COUNSEL VOUCHER When to file. The Court requires that the Court-Assigned Counsel Voucher be filed within 60 days of final disposition of the case. Depending on the course of the case, this may be 60 days from (1) the date of judgment; (2) denial of rehearing; or (3) the grant or denial of a petition for writ of certiorari by the Supreme Court. Where to file. Submit the voucher to the attention of Patty Layne in the Clerk's Office. DISCLOSURE. Vouchers filed by assigned 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 will be made available to the public upon request. What to file. An explanation of the voucher and required supporting documentation follows: Appeals Docket No. through Date of Assignment. The Clerk's Office has completed this information on the voucher; however, you should check that the information is correct. The compensation check is mailed to the address shown on the voucher. Social Security Number/Employer Identification Number. Payment will be made directly to you. Where applicable, you are required to furnish your social security number or law firm's employer identification number so that the Court may file information returns with the Internal Revenue Service. Claimed Compensation Attorney Time. Attorney time is compensated at the rate of $92 per hour for work done on or after January 1, 2006, at the rate of $94 per hour for work done on or after May 20, 2007, at the rate of $100 for work done on or after January 1, 2008, and at the rate of $110 for work done on or after March 11, 2009.
A $750 limitation, exclusive of expenses, applies to the compensation payable to assigned attorneys. If compensation is sought in excess of the limitation, a memorandum outlining the extended or complex nature of the case must be attached to the voucher. If another attorney is substituted during the appeal, joint compensation is limited to $750. Unless assigned as counsel by the Court or acting with prior authorization of the Court, followed by an entry of appearance in this case, co-counsel or associate attorneys may not be compensated. However, assigned counsel may claim compensation for services furnished by a partner or associate in assigned counsel's law firm within the maximum compensation allowed, separately identifying the provider of each service. The limitations on total compensation apply per consolidated matter. Claimed Expenses Travel. All travel expenses must be supported with detailed receipts. The Court does not reimburse counsel for alcoholic beverages, safe deposit boxes, in-room movies, etc. or for lodging and/or expenses for anyone other than court-assigned counsel. For this reason, the hotel or restaurant bill, rather than a credit card receipt, must be submitted. Automobile travel will be reimbursed at a rate of 48.5 cents per mile for travel on or after February 1, 2007, 50.5 cents per mile for travel on or after March 19, 2008, 58.5 cents per mile for travel on or after August 1, 2008, and 55 cents per mile for travel on or after February 1, 2009. An itemized statement containing the date of travel, destination, number of miles and rate per mile must be submitted to document this expense. Other Expenses. Insert the total other expenses in "Other." Record and Copying Expenses. Assigned counsel may obtain a fee exempt PACER account for use in accessing electronic documents in court-assigned cases by faxing a completed registration form to the PACER Service Center with a request for a fee exempt account and a copy of the Court's assignment order. Copying services performed in your office will be reimbursed as out-of-pocket expense, not to exceed $.15 per copy and must be supported with an itemized statement containing the date, number of copies and cost per page. For photocopying and other services in preparation of briefs and appendices by commercial printers, reimbursement shall not exceed $.35 per copy. If a commercial printer prepared the briefs and appendix and printing costs exceed $100, the printer may make separate application for direct payment for the costs incurred. If commercial printing costs of less than $100 were incurred, counsel may request reimbursement by submitting a copy of the printer's invoice with counsel's voucher. Petitions for rehearing should have been copied in-house as the Court does not reimburse commercial printers for such costs. 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.
Computer Assisted Legal Research. 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 may be made 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. Paralegal or Law Clerk. Claims for reimbursement of charges for legal research performed by a paralegal or law clerk, within counsel's firm, must be supported with a brief statement setting forth the issue or issues that were the subject matter of the research. The hourly rate for a paralegal is $35. The hourly rate for a qualified law student or law clerk is $50. Long Distance Telephone Calls and Facsimile Charges. An itemized statement containing the date and cost of each long distance phone call or fax charge must be attached to the voucher. If the amount exceeds $50, a copy of the bill must also be attached. Any other charge associated with use of counsel's phone or fax equipment is considered non-reimbursable office overhead. Miscellaneous Other Expenses. Postage, courier services, etc. must be supported by an itemized statement containing the date, brief description of the service rendered and why, as well as the cost of each individual service. If the expense exceeds $50, a detailed receipt must also be attached. Claimant's Certification. You must fill in the date on which representation began and ended. You must sign and date the voucher. Approved for Payment. The Chief Judge, or his delegate, completes this section of the voucher form. A copy will be returned to you along with a memorandum explaining the decision. Every claim for compensation for services rendered and/or reimbursement for expenses incurred must be reviewed for both reasonableness and compliance with the Court's prescribed limits. Careful preparation and documentation of the voucher will facilitate this review. Any questions regarding compensation, reimbursable expenses or preparation of vouchers should be directed to Patty Layne in the Clerk's Office, (804) 916-2727.
United States Court of Appeals for the Fourth Circuit
Court-Assigned Counsel Worksheet- Services Date Brief Description of Services
Hours and Tenths of Hours
United States Court of Appeals for the Fourth Circuit
Court-Assigned Counsel Worksheet - Expenses Date Brief Explanation of Expenses Travel Lodging Meals Other Travel Expenses Copying Postage Toll Calls
Other Misc. Expenses