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Richmond Criminal Justice Act Panel

 


 

General Information:

 

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

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    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
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    Composition of the CJAPanel

     

    An attorney's name is added to the Richmond CJA Attorney Panel List when certain eligibility requirements are met, including the submission of the Application for Admission to the Richmond CJA Panel. When a Judge approves and orders the appointment of a panel attorney for an indigent defendant, the Clerk's Office will make a selection from the CJA Panel Attorney List. Once the appointment is accepted, the Clerk's Office will record the appointment into CJA eVoucher, which will allow the panel attorney to create vouchers. CJA Panel Attorneys must personally represent the defendant. They are not permitted to refer the case to another attorney without prior approval of the presiding Judge. The presiding judge maintains discretion to adjust all vouchers in any category as deemed appropriate.

     

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    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).
    • Submit the Application for Admission to RIchmond CJA Attorney Panel to Lisa Garrett in the Richmond Clerk's Office.


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

     

    • Register for CJA eVoucher
    • 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 additional information, contact Fran Pratt, Office of the Federal Public Defendant, (703-600-0800) or visit: www.vae.fd.org>cjaresources>training.
    • Promptly notify the Clerk's Office in writing with regard to change of law firm, mailing address, telephone number, or IRS reporting status. 

     

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    Removal from the Panel

     

    Panel Attorneys who wish to remove themselves from the Richmond CJA Panel Attorney List must submit a letter request to the Clerk's Office.

     

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    CJA Information and Forms for Downloading

     

    CJA 20, 21, 30, 31, AUTH (expert requests) and AUTH-24 (transcript requests) vouchers are a accessible through CJA eVoucher. Instructions for completing each voucher are available on the CJA eVoucher Resource page.


    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 Richmond Division CJA Panel 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

     

     

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    Completing the CJA Form 20 Voucher

     

    The CJA Form 20 voucher must be submitted through CJA eVoucher 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.

     

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    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:

     

    • 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.

     

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    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

     

     

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    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 Richmond courthouse.
       

     

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    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
    After January 1, 2015 $127
    After January 1, 2016 $129
    After May 5, 2017 $132

     

     

     

    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.

     

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    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
    After January 1, 2015 $127
    After January 1, 2016 $129
    After May 5, 2017 $132

     

     

    Examples of out-of-court services include:

     

    • Interviews and conferences with counsel, client and witnesses, including during court recesses.
    • Travel time to and from a jail facility (effective: 04/28/2014).
    • Legal research, brief writing, and preparation of correspondence.
    • Investigative and other approved work.

     

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    Maximum Compensation per Case

     

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

     

    Effective January 1, 2015, the case compensation maximums allowed are:

     

     

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

    $10,300 for trial court level

    $7,300 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)))

    $2,900 for trial court level

    $7,300 for appeal

    Pre-Trial Diversion

    $10,300 if offense alleged by the U.S. Attorney is a felony

    $2,900 if offense alleged by the U.S. Attorney is a misdemeanor

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

    $10,300 for trial court level

    $7,300 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)

    $10,300 for trial court level

    $7,300 for appeal

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

    $10,300 for trial court level

    $7,300 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.

    $2,200 for trial court level

    $2,200 for each level of appeal

     

    If the amount of compensation (excluding expenses) claimed exceeds the case compensation maximum, the voucher must be approved by the presiding Judge assigned to the case and the Chief Judge of the Fourth Circuit. Panel attorneys are required to complete the CJA Form 26 (see CJA Information and Forms for Downloading) and submit it as a supporting document (pdf. version) through CJA eVoucher.

     

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    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.
    • 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.

     

     

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    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
    Effective January 1, 2015 $0.575
    Effective January 1, 2016 $0.54
    Effective January 1, 2017 $0.535

     

     

    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.

     

    If paralegal services are required, panel attorneys may be required to file a motion. For further information on filing requirements, please contact CJA eVoucher Help Desk for the court where the case is assigned. Panel attorneys are required to submit an AUTH for approval and submit the CJA 21 voucher for compensation through CJA eVoucher.

     

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    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.

     


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    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.

     

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    Transcripts

     

    If the case is pending before the District Court, panel attorneys may be required to file a motion for transcripts. For further information, please contact the CJA eVoucher Help Desk for the court where the case is assigned. Panel Attorneys and Appellate Attorneys are required to submit one AUTH-24 request through CJA eVoucher, regardless of the number of transcripts requested or Official Court Reporters responsible for preparing the transcripts. Upon approval by the Court, the official Court Reporter will submit the CJA 24 voucher for compensation through CJA eVoucher. For additional information, please visit: http://www.vaed.uscourts.gov/cja/evoucher/index.html

     

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    Ex Parte Applications

     

    Counsel are 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.

     

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    Approval and Payment of Claims

     

    Upon receipt by the Clerk's Office, through the CJA eVoucher system, 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.

     

    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.

     

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    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.

     

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    Who to Contact if You Have Questions

     

    CJA Policies, Procedures, Payment issues ad CJA eVoucher:


    Lisa Garrett, Deputy Clerk                 804-916-2237
    Robert L. Walker, Deputy Clerk        804-916-2232


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