United States Court Of Appeals For The Sixth Circuit CJA Form 20 Submission Instructions
TO INSURE PROPER SUBMISSION OF CLAIMS, PLEASE FOLLOW THESE INSTRUCTIONS CAREFULLY. IT IS IMPERATIVE THAT ALL NECESSARY SUPPORTING MEMORANDA, RECEIPTS AND OTHER DOCUMENTS BE ATTACHED TO THE CJA FORM 20 UPON SUBMISSION FOR PAYMENT. IF YOU HAVE ANY QUESTIONS, CONTACT THE COURT OF APPEALS CJA DEPUTY AT (513) 564-7000. PLEASE REVIEW THESE INSTRUCTIONS BEFORE INCURRING TIME AND EXPENSES WHICH MAY NOT BE REIMBURSABLE UNDER THE CRIMINAL JUSTICE ACT.
TABLE OF CONTENTS
A. B. C. C.1. C.2. C.3. C.4.
Forms Submitting Claim Reimbursable Expenses Transportation Meals and Lodging Legal Research Assistance Overhead
C.5 C.6 C.7 D. E. F. G.
Communications Copying and Printing Services Miscellaneous Expenses not Covered Reimbursement for Attorney Time Writ of Certiorari Interim Payments Substitution of Counsel
THE CJA FORM 20, APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL, (CJA Form 20) issued to counsel by this Court should be used to apply for compensation for services provided pursuant to 18 U.S.C. § 3006A, Criminal Justice Act (the Act). Counsel should read and follow the instructions contained on the cover sheet of that document.
SUBMITTING A CLAIM.
Unless good cause for delay is shown, claims for fees and expenses are to be submitted within 45 days after final judgment has been entered. However, the form should not be submitted until the Court has denied any pending motion for reconsideration or until any petition for certiorari has been filed. See 6th Cir. R. 101. When you have completed the CJA Form 20 in accordance with these instructions, sign and date it and return it to: CJA Deputy United States Court Of Appeals For The Sixth Circuit 540 Potter Stewart U.S. Courthouse 100 East Fifth Street Cincinnati, Ohio 45202-3988
The Court will notify you of its disposition concerning your claim. Payment will be mailed from the Administrative Office of the U.S. Courts in Washington, D.C..
Counsel's expenses should be listed in §§ 15 through 18 of CJA Form 20. It may be necessary to itemize expenses on a separate sheet of paper and enter the totals in §§ 15 through 18. Each section below explains what types of expenses may be reimbursed and gives examples of how these should be listed and documented. (The amounts shown in the examples provided are used solely for illustration.)
The act provides for reimbursement for actual expenses incurred in traveling to and from the Court for Oral Argument. Items covered include air fare, airport limousine fees, taxi fees, baggage transfer charges, tips, and when an automobile is used, mileage, parking fees and tolls. Currently, travel funds are extremely limited for other purposes, such as visiting the client (prisoner). Automobile travel is reimbursed on the basis of actual mileage at the current government rate of $44.5 per mile. Automobile trips to the airport are considered reimbursable and are calculated in the same manner as other automobile travel. When a third party takes counsel to and from the airport, two round trips may be reimbursed. A Government Travel Account (GTA) has been established for the purpose of providing a vehicle for CJA appointed attorneys to obtain government rate airfare and hotel accommodations. Attorneys must now utilize the services of Omega World Travel to obtain airline reservations as well as hotel accommodations to assure more favorable government rates are received. When a case is scheduled for Oral Argument, a travel authorization will be issued authorizing the attorney to contact Omega World Travel at 866-450-0401 to book airfare and hotel accommodations at the prevailing government rate. Airfare will be paid directly by the Court whereas hotel accommodations will be paid on a reimbursement basis only. Counsel should be aware that the Court will make reimbursements for airfares other than through Omega, but only up to the rate which could have been obtained through Omega. Any unused tickets must be returned to the Circuit Clerk's Office. Where possible, original receipts should be submitted as documentation for actual travel expenses. This includes airline tickets. For trips booked through Omega, a copy of the travel authorization letter should also be submitted. Airfare should be listed on the voucher only if the trip was booked other than through Omega. Where receipts are unavailable, such as for tips or tolls, an itemized list indicating the type of charge and amount is usually acceptable. When Counsel takes an indirect route or interrupts his or her travel for reasons of personal convenience, he or she must bear the extra expense incurred. Expenses of family members traveling with counsel are not reimbursable under the Act. EXAMPLES, ITEMIZATION OF TRAVEL EXPENSES 1/6/03 1/6/03 1/6/03 Airport parking fee (receipt attached) Mileage to and from airport, 14 miles at 44.5¢ per mile Airport Limousine Service, Cincinnati $4.75 $6.23 $8.00
Meals And Lodging
Actual expenses for meals and lodging, up to a maximum of $142.00 per day, but in no event exceeding $40 per day for meals alone, will be reimbursed when counsel travels to Court for Oral Argument providing that those expenses are supported with proper documentation. However, such a trip must entail travel from beyond the Greater Cincinnati metropolitan area. Furthermore, expenses for meals will be reimbursed only if counsel requires overnight accommodations. Hotel accommodations booked through Omega will be charged to the attorney for later reimbursement within the limitations established for expenses. Reimbursement will be made at the time the CJA 20 voucher is submitted and approved for payment. Documentation for lodging requires the original hotel/motel bill. Meals, up to two per day, must be itemized by listing the meal, name of the restaurant and actual cost. Counsel's family members are not covered by the Act; therefore if family members are staying with counsel, the bill for lodging should reflect the cost of one person staying in the room and the additional amount should be deducted from counsel's claim for expenses. EXAMPLES, ITEMIZATION OF MEAL AND LODGING EXPENSES 1/5/03 1/5/03 1/5/03 One night's lodging, The Crowne Plaza (Original Bill Attached) Dinner, LaNormandie Restaurant Breakfast, Hotel Restaurant $75.00 $20.00 $ 5.95
Legal Research Assistance
Computer Assisted Legal Research (CALR) may be reimbursed as an out-of-pocket expense, provided it does not exceed the amount for which counsel would have been reimbursed had the same research been performed manually. When claiming such reimbursement, counsel should submit an affidavit containing a list of the issues researched, an estimate of the number of hours required to perform the research manually, and the actual cost of the CALR. The estimated hours for manual research should be multiplied by the rate of compensation allowed for out-of-court work and compared with the actual cost of the CALR. The smaller amount should be requested. The affidavit should also include the explanation of how the CALR billing was done and a cost itemization of the billing. CALR performed by a service, other than the appointed counsel, must be approved by the Court in advance. Such approval is sought by filing a motion supported by a memorandum containing the same information as required by the affidavit discussed in the previous paragraph, except that the cost of the CALR must be estimated. As with CALR performed by appointed counsel, the actual cost of the CALR should be compared to the estimated costs of performing the research manually, and the smaller amount should be requested. Research performed by law students and law clerks will be reimbursed on the same basis as the CALR discussed above. The same documentation should be submitted; however, advance court approval is not necessary. Expenses of law students and law clerks (such as meals) cannot be reimbursed under the Act.
Office overhead, such as rent, utilities, secretarial services, etc., is generally considered part of an attorney's fee; therefore, such expenses are not reimbursed under the Act even though, for example, a secretary must be hired specifically to perform work on this assignment. In extremely rare instances, office overhead may be reimbursed for an unusual expenditure which would normally be charged to a paying client (such as a particular book which is purchased solely for use in the representation of one client). Reimbursement for this type of expense must be approved in advance of the expenditure and by motion before the Court. Such a motion should be supported by a memorandum describing the unusual expenditure and explaining why it should not be treated as part of office overhead.
Long distance telephone calls may be reimbursed where it is determined that the calls were reasonable and necessary for proper handling of the case, except that the cost of telephone calls to the client will be reimbursed only where they have been authorized by the court in advance. In any event, funds are not available to cover either counsel's time or expenses for more than three telephone conferences with the client. Requests for reimbursement of such expenses should be submitted in the form of an itemized list indicating the date of each call, the charge for the call and the purpose of the call. Postage is also considered a reimbursable expense and should be submitted as a lump sum charge showing total items mailed and total postage required. A certified mail charge may also be reimbursed, where certified mail was required for the service of a particular document. Certified mail charges should be listed separately, indicating the number of documents, charge for certification and reason for using certified mail. The court strongly disfavors the use of expedited U.S. mail or private courier services. Papers should be sent to the court via regular U.S. Mail; keep in mind that briefs and appendices are deemed filed when placed in the mail, so that actual receipt after the due date will not prejudice the filing of those documents which were mailed in time. Even if you choose a more expensive delivery option, however, you will be reimbursed only the cost of regular U.S. Mail. Charges for special deliveries and communications, such as express mail, courier services and telegrams, will be allowed on rare occasions where it can be demonstrated that such services were necessary and could not be avoided. Counsel requesting reimbursement for this type of service must justify the need for using the service. Dilatory conduct of counsel is not a justifiable reason for reimbursing such services. EXAMPLES, ITEMIZATION OF CHARGES FOR TELEPHONE AND POSTAGE 10/22/02 12/22/02 Telephone Call to the Court of Appeals re: Oral argument scheduling Ten Letters re: Total Postage $1.29 $3.30
Copying and Printing Services
The actual cost of copying briefs, the joint appendix or other documents will be reimbursed at a reasonable rate, however, any claim for document reproduction expenses in excess of $500 must be approved in advance by the Court. Counsel should submit a list which indicates the type of document copied, the number of pages, the cost per page, the number of copies and the total cost. If copying is done by an agency (such as a quick print service), counsel should also submit the original receipt. Copying expenses for services provided by a vendor who specializes in brief and joint appendix preparation will be paid directly by the Court, at a rate not to exceed 20 cents per page, if counsel sends a letter to the CJA Deputy verifying that the document(s) was prepared to counsel's satisfaction, and submitting the original receipt. These copying expenses should be omitted from the final voucher submitted which reflects counsel's out-of-pocket expenditures. Charges for standard printing of documents cannot be reimbursed under the Act, regardless of the process used. EXAMPLES, LISTING OF COPYING CHARGES -Appellant Brief - 10 copies (27 pages per copy @ 20 Cents per page)
7. Miscellaneous Expenses Not Covered Filing Fees - Because counsel represents a client who has been granted pauper status by the Court, filing fees are not required. Therefore, counsel should not advance and pay these fees, and any fees so advanced and paid will not be reimbursed under the Act. Transcript - Payment for reproduction of the transcript in this type of representation is the responsibility of the government; therefore, as with filing fees, counsel should not pay this expense. Court reporters may present their claims directly to the government on a special court form designed for this purpose. Personal Expenses of Client - Expenses for personal items, such as clothing, meals or haircuts, and services, such as charges for the disposition of personal property, cannot be reimbursed under the Act. Guardian ad Litem - Fees for and expenses of a guardian ad litem are not covered under the Act.
REIMBURSEMENT FOR ATTORNEY TIME.
Representation in connection with post-trial motions made after the entry of judgment, a probation revocation proceeding, a parole revocation proceeding, or a proceeding to seek relief under 28 USC § 2241, 2254, 2255, l8 USC § 4245, or other representation, including civil contempt proceedings, is subject to a maximum compensation of $5,000 for attorney time. Hourly rates of compensation have changed from time-to-time over the years, thus requiring attention to dates of service to capture the appropriate rate of compensation. At the present time, the hourly rate of compensation for representation in the above proceedings is $94.00 for both in-Court and out-of-Court time.
Attorney time must be reported in tenths of an hour. Reasonable and necessary travel time actually spent in transit may be compensated under the Act, but travel time to and from Court for the place where the service was rendered may not be claimed as attorney time if the round-trip time is less than one hour. Documentation of attorney hours depends upon the amount claimed and the maximum amount allowable for a particular type of case. Where "lump sum" listings are permitted, they should be entered on CJA Form 20, §§ 15 through 18. When itemizations are required, as explained below, they should be attached and the total entered on the corresponding lines of CJA Form 20. In some instances where counsel can demonstrate that the case was extended or complex, the Court may approve reimbursement for attorney time in excess of the maximum. However, if more than the maximum is claimed, counsel must not only supply the above documentation but must also submit a motion for additional compensation, supported by a memorandum justifying the additional fee by demonstrating that the case was extended or complex and that the excess payment is necessary in order to provide fair compensation. TO SUPPLEMENT THIS MOTION, COUNSEL SEEKING COMPENSATION BEYOND THE STATUTORY MAXIMUM MUST SUBMIT A NARRATIVE STATEMENT OUTLINING TIME SPENT, THE REASONS FOR THE TIME SPENT, AND THE ACTIVITIES COVERED IN THAT TIME, SO THAT THE COURT MAY DETERMINE THE EXTENT OR THE COMPLEX NATURE OF THE CASE WHICH WARRANTS THE ADDITIONAL COMPENSATION REQUIRED.
In some extraordinary cases, interim payments may be made to cover out-of-pocket expenses which have already been advanced by counsel. Interim payments are never made for Attorney time. Counsel should seek such reimbursement by filing a motion supported by a memorandum which lists the expense in the same manner as it would be on the CJA Form 20 and demonstrates the need for such interim payment.
SUBSTITUTION OF COUNSEL.
If an attorney is substituted for an attorney previously appointed for a defendant in the same case, the total compensation which may be paid both attorneys shall not exceed the statutory maximum for one defendant, unless the case involves extended or complex representation. In such cases, vouchers for attorney's services shall not be approved by a judicial officer until the conclusion of the case so that the judicial officer may make such apportionment between the attorneys as may be just.
WRIT OF CERTIORARI.
Sixth Circuit Rule 101(g) requires counsel appointed under the Criminal Justice Act to file a petition for writ of certiorari, if the client requests it and if, in counsel's considered judgment, there are grounds for seeking Supreme Court Review.
Time For Filing
The petition must be filed within ninety (90) days of the entry of judgment in the Court of Appeals. If a petition for rehearing is timely filed, the time runs from the date of the denial of that petition. Time for filing does not run from the issuance of the mandate.
A docket fee of $300, or a motion for leave to proceed in forma pauperis, with appropriate affidavit, must accompany the petition.
Form Of Petition Number of Copies
On 8½ x 11 paper Original Petition plus 10 Copies
Supreme Court Rules
The rules of the United States Supreme Court are contained in Title 28 of the United States Code.
Specific information may be obtained from: Clerk of the Supreme Court of the United States One First Street, N.W. Washington, D.C. 20543 Telephone: (202)479-3000 Office Hours are 9:00 a.m. to 5:00 p.m., Monday - Friday
Time and expenses in connection with the filing of a petition for writ of certiorari should be included on the CJA Form 20 submitted to the Court of Appeals.
Revised and Updated :5/23/2007