Home | Resources | CJA Attorney Information | Richmond CJA

 

Norfolk / Newport News Criminal Justice Act Panel

 


 

General Information:

 

  • Composition of the Panel
  • Eligibility Requirements
  • Removal from the Panel

  •  

    For Attorneys on the Panel:

     

  • Forms for Downloading
  • Completing the CJA 20 Voucher
  • Recordkeeping Requirements
  • Time Calculations
  • Non-Reimbursable Time
  • In-Court Payment Rates
  • Out-of-Court Payment Rates
  • Maximum Compensation per Case
  • Prorating Claims for Compensation
  • Expenses
  • Computer-Assisted Legal Research Expenses
  • Subpoenas
  • Transcripts
  • Ex Parte Applications
  • Approval and Payment of Claims
  • Public Disclosure of Final Compensation
  • Who to Contact if You Have Questions
  •  

     


     

    Composition of the Panel

     

    When an attorney meets the eligibility requirements, his/her name is added to the Norfolk / Newport News CJA Panel List.  When a Judge approves and orders the appointment of an attorney for an indigent defendant, the Clerk’s Office makes a selection from the CJA Panel List.  At that time, a CJA Form 20 (or CJA Form 30 for capital appointments) and worksheets are prepared by the Clerk’s Office and mailed to the attorney.

     

    Once selected, the CJA panel attorney must personally handle the case. CJA panel attorneys are not permitted to refer the case to a colleague in their law firm without prior approval of the Judge assigned to the case.

     

    Top

     


     

    Eligibility Requirements

     

    CJA Panel Attorneys are required to:

     

    • Be a member of the Virginia State Bar in good standing.
    • Be admitted to practice before the Eastern District of Virginia.
    • Be certified for electronic case filing (mandatory 03/01/2009).


    Once appointed to the CJA Panel List, attorneys are required to:

     

    • Attend the annual Sentencing Guidelines and Continuing Legal Education Program and/or the Frank Dunham Federal Criminal Defense Conference sponsored by the Federal Public Defender’s Office for the Eastern District of Virginia (for more information, please contact the Federal Public Defender’s Office at (757) 457-0800).
    • Promptly notify the Clerk's Office in writing with regard to change of law firm, mailing address, telephone number, or IRS reporting status. 

     

    Top

     

     


     

     

    Removal from the Panel

     

    Attorneys can be removed from the panel if :

     

    • They submit their resignation in writing.
    • They retire from practicing law.
    • Their bar license is suspended or revoked.

     

    Top

     

     


     

    Forms for Downloading

     

    CJA 20, 21, 24, 30 and 31 forms are prepared and distributed by the Clerk's Office and must be obtained from the Clerk’s Office.  Instructions for completing the forms are available as set forth in the following chart (click on available formats to download instructions).


    In order to view a form in PDF, you must download Adobe Acrobat Reader to your personal computer.  For more information, please visit the company's website. (Disclaimer: the Judiciary neither endorses Acrobat Reader, nor exercises any responsibility over Acrobat Reader.)

     

     

    Form
    Available Formats
    CJA Plan -- Eastern District of Virginia's Plan governing the appointment of CJA attorneys PDF
    Fourth Circuit Judicial Council Order 113 -- Rules governing appointment of counsel in Eastern District of Virginia death penalty cases PDF
    Application for admission to the Norfolk / Newport News Division CJA Panel
    PDF
    Instructions for filling out CJA Form 20 -- Appointment of and Authority to Pay Court Appointed Counsel Web Page
    Instructions for filling out CJA Form 21 -- Authorization and Voucher for Expert and Other Services Web Page
    Instructions for filling out CJA Form 24 -- Authorization and Voucher for Payment of Transcript Web Page
    Instructions for filling out CLA Form 30 -- Death Penalty Proceedings: Appointment of and Authority to Pay Court Appointed Counsel Web Page
    Instructions for filling out CJA Form 31 -- Death Penalty Proceedings: Ex Parte Request for Authorization and Voucher for Expert and Other Services Web Page
    Hourly In-Court Worksheet PDF
    Hourly Out-of-Court Worksheet PDF
    Other Expenses Worksheet PDF
    CJA Form 26 --- Supplemental Information Statement for a Compensation Claim In Excess of the Statutory Case Compensation Maximum: District Court
    CJA Form 26A --- Guidance to Attorneys in Drafting the Memorandum Required for a Compensation Claim in Excess of the Case Compensation Maximum: District Court

     

     

    Top

     

     

     


     

    Completing the CJA Form 20 Voucher

     

    The CJA Form 20 must be completed and returned to the Clerk's Office for processing within 45 days of completion of all work at the District Court level.  Interim vouchers may be submitted only with prior approval from the Judge assigned to the case.


    Line-by-line instructions for completing the CJA Form 20 are provided to court-appointed counsel. When applicable, sections 15, 16, 17, 18, 19, and 22 must be completed.

     

    The CJA Form 20 will be returned to the court-appointed attorney if it is incomplete or does not include the court-appointed attorney’s original signature.

     

    Law firm computerized billing sheets are allowed, provided the time and expense entries are listed separately and categorized in the same way as they appear on the CJA Form 20.

     

    Please note that the CJA Form 20 is prepared by the Clerk’s Office and includes the original signature of the appointing court officer.  The court-appointed attorney should contact the Clerk’s Office if the original CJA Form 20 has been misplaced.  A copy of the CJA Form 20 will not be accepted.

     

    Top

     

     


     

    Recordkeeping Requirements

     

    Attorneys must maintain contemporaneous time and attendance records for all work performed including:

     

    • Work performed by associates, partners and support staff.
    • Expense records.

     

    Please note:

     

    • Worksheets are provided to assist counsel and are available on the Court’s website.
    • Counsel's time and attendance records are subject to audit and must be retained for three years after the final voucher for the appointment has been approved.

     

    Top

     

     


     

    Time Calculations

     

    Time calculations must be in tenths of hours, as indicated on the following table.

     

     

    Minutes
    1-6
    7-12
    13-18
    19-24
    25-30
    31-36
    37-42
    43-48
    49-54
    55-60
    Tenths
    .1
    .2
    .3
    .4
    .5
    .6
    .7
    .8
    .9
    1.0

     

     

    Top

     

     


     

    Non-Reimbursable Time

     

    Non-Reimbursable time includes, but is not limited to the following:

     

    • Time spent preparing the CJA Form 20 voucher.
    • Meal breaks.
    • Legal research in subject areas with which counsel should be familiar.
    • Travel time to and from the Norfolk or Newport News courthouse.
       

     

    Top

     

     


     

    In-Court Payment Rates

     

    Court-appointed counsel will be paid at the following rates for in-court time:

     

     

    Work Performed
    In-Court Rate Per Hour
    Prior to January 1, 2000
    $65
    After January 1, 2000
    $70
    After April 1, 2001
    $75
    After May 1, 2002
    $90
    After January 1, 2006
    $92
    After May 20, 2007
    $94
    After January 1, 2008
    $100
    After March 11, 2009
    $110
    After January 1, 2010
    $125
    After September 1, 2013 $110
    After March 1, 2014 $126

     

     

     

    In-court time is defined as:

     

    • Time counsel are actually talking with a judicial officer, whether in the courtroom, in chambers, or by telephone.
    • Waiting for a hearing to commence.
    • Court recesses (excluding lunch breaks, except during jury deliberations).
    • Jury deliberations.

     

    Top

     

     


     

    Out-of-Court Payment Rates

     

    Court-appointed counsel will be paid at the following rates for out-of-court time:

     

     

    Work Performed
    Out-of-Court Rate per Hour
    Prior to January 1, 2000
    $45
    After January 1, 2000
    $50
    After April 1, 2001
    $55
    After May 1, 2002
    $90
    After January 1, 2006
    $92
    After May 20, 2007
    $94
    After January 1, 2008
    $100
    After March 11, 2009
    $110
    After January 1, 2010
    $125
    After September 1, 2013 $110
    After March 1, 2014 $126

     

     

    Examples of out-of-court services include:

     

    • Interviews and conferences with counsel, client and witnesses, including during court recesses.
    • Travel time, excluding travel time to and from the Norfolk or Newport News courthouse.
    • Legal research, brief writing, and preparation of correspondence.
    • Investigative and other approved work.

     

    Top

     

     


     

    Maximum Compensation per Case

     

    Please see 18 U.S. C. Section 3006A(d)(2) for an outline of the cse compensation maximums allowed for various types of representations.  The case compensation maximums only apply to in-court and out-of-court time claimed.

     

    Effective March 1, 2014, the case compensation maximums allowed are:

     

     

    If the case involves...
    The case maximum is...
    Felonies (except for capital prosecutions)

    $9,800 for trial court level

    $7,000 for appeal

    Misdemeanors (including petty offenses (class B or C Misdemeanors or infractions as set forth in 18 U.S.C. § 3006A(a)(2)(A))

    $2,800 for trial court level

    $7,000 for appeal

    Pre-Trial Diversion

    $9,800 if offense alleged by the U.S. Attorney is a felony

    $2,800 if offense alleged by the U.S. Attorney is a misdemeanor

    Non-Capital Post-Conviction Proceedings under 28 U.S.C. §§ 2241, 2254, 2255

    $9,800 for trial court level

    $7,000 for appeal

    Proceedings under 18 U.S.C. § 983 (for services provided by counsel appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial civil forfeiture proceedings)

    $9,800 for trial court level

    $7,000 for appeal

    Proceedings to Protect Federal Jurors Employment under 28 U.S.C. § 1875

    $9,800 for trial court level

    $7,000 for appeal

    Other Representations Required or Authorized by the CJA including:

    Probation Violation;

    Supervised Release Hearing (for persons charged with a violation of supervised release or facing modification, reduction, or enlargement of a condition or extension or revocation of a term of supervised release);

    Parole Proceedings under 18 U.S.C. chapter 311 (repealed);

    Material Witness in Custody;

    Mental Condition Hearings under 18 U.S.C. chapter 313 (except for hearings under 18 U.S.C. § § 4241 and 4244, which are considered part of the case in chief with no separate compensation maximums applying;

    Civil or Criminal Contempt (where the person faces loss of liberty);

    Witness (before a Grand Jury, a court, the Congress, or a federal agency or commission which has the power to compel testimony, where there is no reason to believe either before or during testimony, that the witness could be subject to a criminal prosecution, a civil or criminal contempt proceeding or face loss of liberty); and International Extradition (under 18 U.S.C. chapter 209).

    Note:  Please contact the Clerk's Office for questions concerning other representations not listed above.

    $2,100 for trial court level

    $2,100 for each level of appeal

     

     

     

    If the court-appointed attorney submits a claim where all services were performed prior to January 1, 2010, the former case compensation maximum for that time period would apply.

     

     

     

     

    If the amount of compensation (excluding expenses) claimed exceeds the case compensation maximum, the voucher must be approved by the Judge assigned to the case and the Chief Judge of the Fourth Circuit.  Court-appointed counsel may also be required to complete a CJA Form 26.

     

    Top

     

     


     

    Prorating Claims for Compensation

     

    There may be occasions when proration of claims is appropriate and necessary, particularly when the court-appointed attorney represents the same defendant named in more than one case.  The following guidelines apply:

     

    • Time spent while representing a defendant named in more than one case must be prorated.  For example, if the defendant appears at one hearing for a sentencing in one case and a Supervised Release Violation in another case, the in-court time for  both hearings must be prorated.
    • Case numbers must be cross-referenced on each voucher.
    • Exclusive time spent on any one case can be claimed for that case only.

     

    Following is a table outlining appropriate prorations:

     

     

    If
    Whether or not
    Then
    And under (d)(2) of CJA
    A defendant is charged in one indictment with severable counts The counts are severed for trial One voucher would be submitted for all counts. One maximum is applied.
    A defendant is charged in two or more indictments The indictments are consolidated for trial (other than a Superseding Indictment or Criminal Information) A separate voucher would be submitted for each case. A separate maximum is applied for each case.

     

     

    Top

     

     


     

    Expenses

     

    Reimbursement of expenses will be allowed for actual (not estimated) expenses. Supporting documentation, such as receipts, must be submitted for single item expenses in excess of $50.00 (e.g., telephone bills, copy charges, etc.).

     

    Before undertaking extraordinary travel or any travel involving an overnight stay related to CJA representation, the court-appointed attorney must file a motion and receive prior approval from the Judge assigned to the case.

     

    Court-appointed counsel will be reimbursed the following mileage rates:

     

     

    Dates of Travel
    Rate per Mile
    January 1, 2004 - February 3, 2005
    $0.375
    February 4, 2005 - August 31, 2005
    $0.405
    September 1 , 2005 - December 31, 2005
    $0.485
    Effective January 1, 2006
    $0.445
    Effective February 1, 2007
    $0.485
    Effective March 19, 2008
    $0.505
    Effective August 1, 2008
    $0.585
    Effective February 1, 2009
    $0.55
    Effective January 1, 2010
    $0.50
    Effective January 1, 2011 $0.51
    Effective April 17, 2012 $0.555
    Effective January 1. 2013 $0.565
    Effective January 1, 2014 $0.56

     

     

    Paralegal services must be claimed on a CJA Form 21.  The court-appointed attorney must seek prior approval from the Judge assigned to the case by filing a motion or submitting the CJA Form 21 after completing sections 12, 13, and 14.

     

    Top

     

     


     

    Computer-Assisted Legal Research Expenses

     

    Computer-assisted legal research may be an allowable expense, provided the total amount approved for computer-assisted legal research does not exceed the total amount of attorney compensation that reasonably would have been approved if counsel had performed the research manually.

     

    Any voucher including a request for reimbursement of computer-assisted legal research expense must include all of the following:

     

    • A brief statement setting forth the issue or issues that were the subject matter of the research.
    • An estimate of the number of hours of attorney time that would have been required to do the research manually.
    • A copy of the bill and receipt for the use of the equipment or an explanation of the precise basis of the charge.

     


    Top

     

     


     

    Subpoenas

     

    Court-appointed attorneys are required to file a motion for the issuance of a witness subpoena or subpoena duces tecum.  Once the motion is granted, the Clerk's Office will prepare the subpoena and forward it to the U.S. Marshals Service for process of service.

     

    The Clerk's Office will not issue subpoenas that require witnesses to travel in excess of 100 miles, or pay for the travel expenses for a witness, unless the court-appointed attorney seeks prior approval from the Judge assigned to the case.

     

    Top

     

     


     

    Transcripts

     

    The CJA Form 20 cannot be used to request reimbursement for the cost of transcripts. Court-appointed attorneys must either file a motion or complete a CJA Form 24.  The CJA Form 24 must be obtained from the Clerk’s Office and court-appointed counsel must complete sections 12, 13, and 15.  Please consult CJA Form 24 instructions when completing the form.

     

     

    Top

     

     


     

    Ex Parte Applications

     

    Counsel is not required to serve opposing counsel with ex parte applications.  Therefore, a Certificate of Service is not required.  The ex parte application will not be placed under seal without an order entered by the Judge assigned to the case.

     

    Top

     

     


     

    Approval and Payment of Claims

     

    Upon receipt by the Clerk's Office, complete and accurate vouchers, with appropriate worksheets and receipts, will be:

     

    • Reviewed for accuracy and completeness, which must also include the court-appointed attorney’s original signature.
    • Reviewed by the Judge assigned to the case.
    • Reviewed by the Chief Judge of the Fourth Circuit, if the amounts claimed exceed the statutory maximums.
    • Processed and entered into the CJA payment system.

     

    A copy of the processed CJA Form 20 will be mailed to the court-appointed attorney.  The check will be issued by Administrative Office of the U.S. Courts in Washington, D.C., and will include the docket number and name of the defendant.

     

    Top

     

     


     

    Public Disclosure of Compensation

     

    Compensation and expenses paid to court-appointed attorneys are never disclosed without a court order. If an order is issued, the CJA attorney will be notified prior to the release of any  information.

     

    Top

     

     


     

    Who to Contact if You Have Questions

     

    CJA Forms, Procedures, or Payment issues:


    Angela Routh, Supervising Deputy Clerk           (757) 222-7215
    Lisa Tyree, Financial Deputy Clerk                      (757) 222-7253

     

    Top