Free CJA Instructions and Information Form - January 2009 - Mississippi

INSTRUCTIONS AND INFORMATION FOR COUNSEL APPOINTED TO DEFEND INDIGENT CRIMINAL DEFENDANTS UNDER THE CRIMINAL JUSTICE ACT (18 U.S.C. § 3006A) March 11, 2009 1.CJA 20 and 21 Vouchers. The court gave you a CJA Form 20, Appointment of and Authority to Pay Court Appointed Counsel, and a CJA Form 21, Authorization and Voucher for Expert and other Services, at the time of your appointment. These forms and the documentation supporting your time and expense entries constitute your vouchers for services and reimbursement for expenses. 2. Filing Deadline. Your completed vouchers, together with the supporting time-andexpense worksheets, must be filed with the Federal Public Defender's (FPD) Office within 45 days following the completion of your representation. If you want to file your vouchers beyond the 45-day limit, you should submit for consideration to the presiding judge a proposed Order Granting Leave to File CJA Voucher Out of Time. Your motion should justify the untimeliness for filing your vouchers. File the motion in accordance with the court's Administrative Procedures Governing Electronic Case Filing. Attach the judge's order to your voucher. 3. Submission. Mail the vouchers and the worksheets (and, if applicable, the judge's Order Granting Leave to File CJA Voucher Out of Time) to: Federal Public Defender's Office 200 S. Lamar St., Suite 200-N Jackson, Mississippi 39201 4. Review by FPD and the Presiding Judge. The FPD Office staff will audit your vouchers to ensure that the claims are allowable under the Criminal Justice Act [CJA] and the Guidelines for the Administration of the Criminal Justice Act [Guidelines] adopted by the Judicial Conference of the United States. The presiding judge will review your claims for reasonableness and will set the amount of your compensation, consistent with the compensation ceilings appearing in paragraph 7, below.

5. Compensation Rates: You may bill for your professional time at rates up to the following limits: In-Court Time: Out-of-Court Time: $110 per hour* $110 per hour*

*on or after 03/11/2009. See Attached for history of rates prior to 03/11/2009. 6. Time Reporting Standard. The Criminal Justice Act and the Guidelines require you to report your time in tenth-of-hour increments (e.g., 6 minutes = 0.1 hour). Do not report your time in hundredths-of-hours or in quarter-hour increments--such reports usually will be rounded-down during the audit processes. 7. Compensation Limits. You are limited by the CJA and the Guidelines to the following maximum charges for professional services (in-court time and out-of-court time), excluding your out-of-pocket expenses: For cases in which you provided any CJA compensable work on or after March 11, 2009: $8600 Felonies ($3500 in felony guilty plea cases), with exceptions for extended or unusually complex cases. $2400 Misdemeanors and petty offenses. $1800 Proceedings to revoke supervised release or probation, for material witness in custody proceedings, for civil or criminal contempt proceedings (where person faces loss of liberty), for mental condition examinations under 18 U.S.C. § 313, for international extradition proceedings under 18 U.S.C. § 209, and other proceedings required or authorized by the Criminal Justice Act. For cases in which an investigator, expert, or other provider of allowable services performed any CJA compensable work on or after December 8, 2004: $1600. If you seek payments exceeding these limits, you must submit with your CJA 20 a memorandum, motion, or letter addressed to the presiding judge stating that your -2-

representation was in an extended or unusually complex case and that the excess payment is necessary to provide reasonable compensation. These are terms of art. The prudent attorney will draft a supporting document that incorporates these terms where appropriate, consistent with the following considerations: If the legal or factual issues in a case are unusual, thus requiring the expenditure of more time, skill, and effort than would normally be required in an average case, the case is complex. If more time is reasonably required for total processing than would be required by the average case, including pre-trial and post-trial proceedings and traveling to the court's divisions (your travel time is allowable as out-of-court professional time), the case is extended. In reviewing claims for compensation in excess of the limits, the trial judge will consider, among other factors, the responsibilities involved as measured by the magnitude and importance of the case; the manner in which your duties were performed; the knowledge, skill, efficiency, professionalism, and judgment required of and used by you; the nature of your practice and any injury thereto; any extraordinary pressure of time or other factors under which representation was rendered; and any other circumstances relevant and material to a determination of a fair and reasonable fee. The following topics are offered to assist you in drafting a document supporting and justifying your claims that the case was extended or complex and that the excess payment is necessary to provide fair compensation: O Length of appointment to case: total number of in-court hours, specifying pre-trial hearings, trial, sentencing hearings, and other proceedings; and total number of out-of-court hours. O Offense(s) charged; number of counts charged; and other pending cases of defendant during the representation. O Number of co-defendants. O Sentencing guideline range found by the court and whether a mandatory minimum was found or at issue at sentencing. -3-

O Discovery materials (nature and volume) and/or discovery practices. O Motions, legal memoranda, jury instructions, and sentencing documents, or legal research not resulting in such, which were drafted originally for this case. O Investigation and case preparation (e.g., number and accessibility of witnesses interviewed, record collection, document organization). O Use of investigative, expert, or other expert services (CJA 21 voucher). O Communications with client, with client's family, language difficulties, accessibility of client, other. O Any expense over $500. O Any other noteworthy circumstances regarding the case and the representation provided to support this compensation request. Include, if applicable, negotiations with the U.S. Attorney's staff or law enforcement agencies; complexity or novelty of legal issues and factual complexity; responsibilities involved measured by the magnitude and importance of the case; manner in which duties were performed and knowledge, skill, efficiency, professionalism, and judgment required of and exercised by you; nature of your practice and hardship or injury resulting from the representation; any extraordinary pressure of time or other factors under which services were rendered. Claims-in-excess of the statutory limits approved by the presiding judge will be submitted to the Chief Judge of the United States Court of Appeals for the Fifth Circuit (or the circuit judge designated by the chief judge) for final approval. 8. Mileage Allowances: 55¢ per mile for travel performed after February 1, 2009; 58.5¢ per mile for travel performed after August 1, 2008; 50.5 ¢ per mile for travel performed after March 19, 2008; 48.5¢ per mile for travel performed after February 1, 2007; 44.5¢ per mile for travel performed between January 1, 2006 and January 31, 2007; 48.5¢ per mile for travel performed between September 1 and December 31, 2005. -4-

9. Other Reimbursable Expenses. Lodging and Subsistence. Per diem in lieu of subsistence is not allowed. The CJA provides for reimbursements of out-of-pocket expenses for meals and lodging when such are reasonable and necessary. You must attach to your CJA 20 voucher copies of hotel bills; the bills should clearly disclose the single-occupancy rate. Telephone Tolls. Charges for necessary long-distance telephone calls are reimbursable. Your claims must be itemized to show the date of the call(s), the person(s) called, and the charges. Photocopying. Claims for necessary photocopying must be itemized to show the date of the copy work, the total number of copies made, the charge per page (not to exceed 25¢ per page), and the total charge. Non-itemized photocopying claims will be stricken. Claims for commercial photocopying--but not for commercially-printed briefs--are reimbursable if necessary, if itemized as above, and a paid receipt is attached. Computer-Assisted Legal Research [CALR]. The cost of CALR services, may be allowed as a reimbursable out-of-pocket expense, provided that the amount claimed is reasonable. Whenever appointed counsel incurs charges for CALR, counsel should attach to the compensation voucher 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 statement of justification. 10. Claims Not Allowed. This is not an exhaustive, all-inclusive catalog of claims not allowed. It is offered as guidance. O Fees and expenses, including travel, of fact witnesses. O Court filing fees and expenses for service of subpoenas. O Gasoline, oil, and other transportation expenses.

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O Personal expenses of counsel and clients, including haircuts, laundry and drycleaning, assisting the defendant in the disposition of his or her property or making arrangements for the care of the defendant's child or other family members, assisting the defendant in executing the conditions of his or her release, or otherwise providing legal assistance in matters unrelated to the litigation of the case although incidental to the defendant's arrest. O Counsel's travel in transporting the client to and from court. O Costs of commercially printed briefs--photocopying expenses only are recoverable. O Courier charges and charges for private deliveries, such as Federal Express and UPS, except in extraordinary situations when an overnight delivery is required by the exigencies and importance of the event; counsel must justify the claim in documentation supporting his or her CJA 20 voucher. O General office overhead. O Time spent preparing the CJA 20 voucher and supporting documents. 11. Special Instructions Governing CJA 21 Vouchers. Prior authorization from the trial judge (or magistrate judge) must be obtained for all investigative, expert, or other services where the cost (excluding reimbursement for reasonable expenses) will exceed $500. Failure to obtain prior authorization will result in the disallowance of claims in excess of $500, unless the trial judge finds that, in the interest of justice, timely procurement of necessary services could not await prior authorization. Compensation for investigative, expert, or other authorized services may not exceed $1600, excluding reasonable expenses, unless the excess amount is certified by the trial judge as necessary to provide fair compensation for services of an unusual character or duration, and the amount exceeding the statutory limit is approved by the Chief Judge of the United States Court of Appeals for the Fifth Circuit. If prior authorization is obtained for investigative, expert, or other services and later it is determined that the cost of the service will exceed the initial estimate, you should seek, from the trial judge, further prior authorization for the additional amount. 12. Review Your Claims. Most errors on CJA 20 vouchers arise from inattention to details and from claims for expenses not allowable. Examine your claims carefully; review the extensions and footings and ensure that all entries comport with the time and expense entries on your worksheets.

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13. Public Disclosure of Amounts Paid to Appointed Counsel. Under 18 U.S.C. § 3006A(d)(4), the amounts paid to appointed counsel under the Criminal Justice Act are disclosable to the public, subject to considerations and limitations appearing in the statute. 14. Prompt Claims Processing. The FPD Office will audit and submit your voucher promptly. To expedite this process please ensure that your voucher and supporting documentation are complete, correct, legible, signed, and dated. 15. Call for Assistance. If you have questions not answered by these instructions or those on the CJA 20 voucher, please call the FPD Office, in Jackson, at (601) 948-4284.

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IN-COURT HOURLY WORKSHEET

CASE NUMBER ____________________
Time & Services (Report all Time in Tenth of Hour Increments (e.g., 6 mins. = 0.1 hr.)) Arraignment or Plea Motions and Requests Bail Hearings Sentencing Hearings Revocation Hearing

Date

Brief Description of Services

Trial

Other

Page Total Grand Total

Page _____ of _____

OUT-OF-COURT HOURLY WORKSHEET

CASE NUMBER ____________________
Time & Services (Report all Time in Tenth of Hour Increments (e.g., 6 mins. = 0.1 hr.)) Interviews and Conferences Obtaining and Reviewing Records Legal Research and Brief Writing Investigative Time and Other Work

Date

Brief Description of Services

Travel Time

Page Total Grand Total

Page _____ of _____

OTHER EXPENSES WORKSHEET

CASE NUMBER ____________________

Amount Per Item Long Distance Telephone

Date

Brief Description of Expense

Mileage

Parking

Lodging

Photocopying

Postage

Other

Total for Each Item

Page _____ of _____

History of Criminal Justice (CJA) Rates
Non-Capital Hourly Rates If services were performed between... 3/11/2009 to present 1/1/2008 through 3/10/2009 5/20/2007 through 12/31/2007 1/1/2006 through 5/19/2007 5/1/2002 through 12/31/2005 Capital Hourly Rates If services were performed between... 3/11/2009 to present 1/1/2008 through 3/10/2009 5/20/2007 through 12/31/2007 1/1/2006 through 5/19/2007 2/1/2005 through 12/31/2005 4/24/1996 through 1/31/2005 The hourly rate maximum is... $175 $170 $166 $163 $160 $125 The hourly rate maximum is... $110 $100 $94 $92 $90