U.S. Court of Appeals for the Fourth Circuit

Appointed Counsel

CJA PAYMENT MEMORANDUM

1. BUDGETING EXTRAORDINARY CASES

2. ATTORNEY COMPENSATION CLAIMED ON CJA 20 VOUCHER

3. ATTORNEY EXPENSES CLAIMED ON CJA 20 VOUCHER

4. EXPERT SERVICES CLAIMED ON CJA 21 VOUCHER

5. TRANSCRIPTION SERVICES CLAIMED ON CJA 24 VOUCHER

6. CLAIM PROCEDURE

7. PUBLIC DISCLOSURE OF FEES

8. QUESTIONS

9. WORKSHEETS

 

1.	BUDGETING EXTRAORDINARY CASES

 

a.	When Required: A budget is required for cases in which the time expended for the representation exceeds 300 hours.

 

b.

Budget Authorization Requests: As soon as counsel anticipates that the required time will exceed 300 hours, counsel must submit a budget authorization request (BUDGETAUTH) through CJA eVoucher. The budget authorization request will be reviewed by the CJA Budgeting Attorney and the Chief Judge, and counsel will be notified of the amount authorized.

 

c.	Budget Forms and Information: Contact the CJA Budgeting Attorney, Larry Dash, at 804-916-2177, for budget forms and information.

 

2.	ATTORNEY COMPENSATION CLAIMED ON CJA 20 VOUCHER

 

a.	Case Compensation Maximums

 

i.	An $9,100 limit, exclusive of expenses, applies to attorney compensation in the following types of cases ($8,800 if all work was completed between January 1, 2022, and December 31, 2022):

 

o	Felony appeal (TD representation code)

o	Misdemeanor appeal (TD representation code)

o	28 U.S.C. § 2241, 2254, or 2255 appeal (HA representation code)

o	18 U.S.C. § 983 civil asset forfeiture appeal (AF representation code)

 

ii.	A $2,700 limit, exclusive of expenses, applies to attorney compensation in these "other" case types ($2,600 if all work was completed between January 1, 2022, and December 31, 2022):

 

o	Interlocutory appeal (CA representation code)

o	Bail appeal (CA representation code)

o	Civil commitment appeal (CA representation code)

o	Probation or supervised release revocation appeal (CA representation code)

o	Appeal from order dismissing indictment (CA representation code)

o	Appeal from post-judgment criminal motion (CA representation code)

o	Appeal from sentence reduction motion under § 3582(c) (CA representation code)

o	Extraordinary writ (CA representation code)

o	Motion for authorization to file successive petition (CA representation code)

 

iii.	Earlier case compensation maximums are available in the Guidelines for Administering the CJA and Related Statutes.

 

iv.	These limitations apply per defendant in a consolidated matter. If another attorney is substituted during the appeal, the limitations apply to joint compensation.

 

v.

Attorneys seeking compensation in excess of these limits must submit a separate, detailed memorandum demonstrating that the case is more complex or time consuming than the average case and that excess payment is necessary to provide fair compensation. A CJA 27 Excess Compensation Form may be used for this purpose. The excess compensation memorandum or form must be uploaded as a PDF document to CJA eVoucher for submission with the CJA 20 voucher.

 

b.	Hourly Rates

 

i.	The maximum hourly rate for work performed on or after January 1, 2023, is $164.

 

ii.	The maximum hourly rate for work performed between January 1, 2022, and December 31, 2022, is $158.

 

iii.	The maximum hourly rate for work performed between January 1, 2021, and December 31, 2021, is $155.

 

iv.	The maximum hourly rate for work performed between January 1, 2020, and December 31, 2020 is $152.

 

v.	Earlier rates are available in the Guidelines for Administering the CJA and Related Statutes. The CJA eVoucher program automatically applies the applicable hourly rate to each date of service.

 

c.	Scope of Representation

 

i.	Counsel may claim in this court all time spent representing the client on appeal, after filing of the notice of appeal through preparation of a petition for writ of certiorari.

 

ii.

Counsel’s obligation on appeal extends through advising the client of the right to file a petition for writ of certiorari and filing such a petition if requested. If counsel believes that a petition for writ of certiorari would be frivolous, counsel may, in lieu of filing the petition, file a motion to withdraw in this court.

 

iii.	Counsel should not file their voucher until they have completed their representation through the certiorari stage and filed the Certiorari Status Form.

 

iv.	The start and end dates for counsel's services must be entered in the Claim Status tab of CJA eVoucher before the voucher is submitted. The start date is the earliest date entered for any services or expenses, and the end date is the latest date entered for services or expenses.

 

d.	Description of Services

 

i.	Attorney time must be recorded by date in hours and tenths of an hour for in-court service and for each category of out-of-court service: (a) interviews and conferences; (b) obtaining and reviewing records; (c) legal research and brief writing; (d) travel time; and (e) investigative and other work.

 

ii.

Individual narrative entries should provide a precise description of each service and its relevance to the proceeding, i.e., specific topics researched or transcript pages reviewed. Services must be described with enough specificity for the court to determine whether the time billed is reasonable and necessary to the representation. Entries such as "record review-6 hours," "research-4 hours," or "brief preparation-5 hours" do not provide sufficient detail for the court to determine the reasonableness of the time billed.

 

e.	Associate Time

 

i.

Appointed counsel may use the assistance of associate counsel to reduce the costs of the representation or comply with time limits. Associate counsel is not a substitute for appointed counsel, and appointed counsel remains responsible for all representation provided in the case and must sign all filings. Oral argument may not be presented by associate counsel without leave of court and filing of an appearance form as a bar member and an oral argument acknowledgment form by associate counsel. Associate time spent learning the case or the law should not be billed if it duplicates or exceeds the time required for appointed counsel to perform the same work.

 

ii.	The associate counsel rate for non-death penalty cases is $95 per hour ($90 for work performed before January 1, 2020).

 

iii.	If appointed counsel wishes to use the services of an associate attorney, appointed counsel should email a completed CJA Authorization Request—Associate Counsel form to 4cca-cja@ca4.uscourts.gov. If the court grants the request, the associate will be added to the appointment.

 

iv.

Once associate counsel has been added to the appointment, the associate will appear as a drop-down selection on appointed counsel’s CJA 20 voucher, and appointed counsel can assign the associate “edit” privileges (associate counsel can enter his or her own time and services) or “no edit” privileges (appointed counsel enters the associate’s time and services).

 

v.	Payments are made in accordance with appointed counsel’s billing information. If appointed and associate counsel are in different firms, appointed counsel is responsible for issuing a 1099 form to report any income paid to associate counsel.

 

f.	Secretarial and Clerical Services

 

i.	Secretarial and clerical services are considered non-reimbursable office overhead.

 

ii.	Clerical functions include saving and printing documents from CM/ECF. Time spent reading the documents should be aggregated each day to avoid over-billing for document review.

 

 

3.	ATTORNEY EXPENSES CLAIMED ON CJA 20 VOUCHER

 

a.	Travel Expenses

 

i.

Travel expenses for court-appointed counsel to attend oral argument are reimbursable under the CJA without prior approval. For overnight travel other than to attend oral argument, counsel must request prior approval by completing the CJA Authorization Request—Travel form and uploading it to a TRAVEL request in CJA eVoucher.

 

ii.	CJA attorneys are eligible for reduced government travel rates.

 

o

To make plane or train reservations through the National Travel Service (NTS) for direct payment by the court, CJA counsel completes the CJA Authorization Request—Travel form and uploads it to a TRAVEL request in CJA eVoucher. Counsel bases their estimated airfare on the GSA City-Pair Government Coach Airfares (refer to YCA rate).

o	Upon the court’s approval of the TRAVEL request through CJA eVoucher, notification is sent to counsel and NTS that the travel has been approved. Counsel should then contact NTS (800-445-0668) to make coach-class reservations at the government rate.

o	CJA counsel may also make their own plane or train reservations, but reimbursement of counsel’s plane fare will be limited to the YCA rate shown on the GSA City-Pair Government Coach Airfares site.

 

iii.

Automobile mileage expenses for authorized travel may be claimed by entering the date, destination, and number of miles traveled in CJA eVoucher. Mileage for travel by privately-owned automobile is reimbursed at the rate in effect for federal employees at the time of travel, plus parking fees and tolls. The CJA eVoucher program automatically applies the correct mileage rate based upon the date of travel. Current mileage reimbursement rates may be found at https://www.gsa.gov/travel/plan-book/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates, and archived mileage rates may be found at https://www.gsa.gov/travel/plan-book/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-rates/pov-mileage-rates-archived.

 

iv.

Expenses for lodging plus meals and incidental expenses for authorized travel will be reimbursed in accordance with prevailing limitations imposed on federal judiciary employees by government travel regulations. Per diem is not allowable, since the CJA provides for reimbursement of expenses actually incurred. Court-appointed counsel are eligible for government hotel rates and should request the lowest available rate when making their hotel reservations.

 

v.	See https://www.uscourts.gov/rules-policies/judiciary-policies/judiciary-staff-travel-regulations for judiciary travel regulations. For government rates for lodging and meals, see https://www.gsa.gov/travel/plan-book/per-diem-rates.

 

vi.

All travel expenses (lodging, meals, parking, ground transportation) must be supported by receipts. Upload all receipts using the Documents tab in CJA eVoucher. Receipts for meals and lodging must be sufficiently detailed to establish that reimbursement is not being sought for alcoholic beverages, safe deposit boxes, in-room movies or other expenses which are not reimbursable under the CJA. For this reason, the hotel or restaurant bill, rather than a credit card receipt must be submitted.

 

vii.	Counsel traveling to a location for more than one representation must maintain their records in a manner that prevents submission of duplicate travel reimbursement claims.

 

b.	Computer Assisted Legal Research Expenses

 

i.	The cost of use of computer assisted legal research equipment may be allowed as a reimbursable expense, provided that the amount claimed is reasonable.

 

ii.	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. Upload the bill using the Documents tab in CJA eVoucher.

 

iii.	If the amount claimed is in excess of $500 or if it includes costs for downloading or printing, counsel should include a brief justification.

 

c.	Copy Expenses

 

i.

CJA counsel are not required to pay PACER fees or court copy fees in CJA cases, and such fees are therefore not reimbursable under the CJA. Counsel should contact the PACER Service Center at pacer@psc.uscourts.gov to have their CJA privileges added to their PACER account. The district court’s PACER docket and electronic documents are accessible through a link to the district court docket from the appellate docket. The “Create appendix” option for running a PACER docket report enables counsel to select which documents to include in the appendix.

 

ii.	Counsel may obtain reimbursement for necessary and actual copy expenses at a rate not to exceed $.15 per page by itemizing the dates, number of copies, and cost per page. A copy of the bill must be uploaded to the Documents tab in CJA eVoucher if a commercial copy charge exceeds $50.

 

iii.	Unless leave of court is granted when the appendix is filed, copy expenses for an appendix in excess of 500 pages is subject to reduction absent a showing of need when the voucher is filed.

 

iv.

Costs for providing the defendant with copies of the briefs and appendices are reimbursable expenses of the representation. Copy costs for providing the defendant with the district court record are fully reimbursable in an Anders case. Copy costs for providing the defendant with the district court record in a non-Anders case are reimbursable up to $300; record copy costs in excess of $300 will be reimbursed if leave of court was granted in advance or if the expense is determined to be necessary when the voucher is filed.

 

d.	Long Distance Telephone Calls and Facsimile Charges

 

i.	Counsel may claim reimbursement for long distance phone calls and facsimile charges by itemizing the date and amount of the long distance charge. If the amount exceeds $50, a copy of the bill is required and should be uploaded using the Documents tab in CJA eVoucher.

 

ii.	Any other charge associated with use of counsel’s phone or fax equipment is considered non-reimbursable office overhead.

 

e.	Postage and Courier Charges

 

i.	Delivery charges may be claimed by itemizing the date, description of expense, and cost. Any expense in excess of $50 must be supported by a detailed receipt uploaded to the Documents tab in CJA eVoucher.

 

ii.	Since briefs, appendices, and petitions for certiorari are generally deemed filed upon first-class mailing or dispatch to a commercial courier for delivery within three days, counsel should minimize the use of special services such as same day or overnight delivery.

 

4.	EXPERT SERVICES CLAIMED ON CJA 21 VOUCHER

 

a.	Computer Assisted Legal Research Services

 

i.	Payment for computer research services performed by employees of a legal research firm is made on a CJA 21 voucher, upon a showing that the total amount charged for the services is reasonable.

 

ii.	If the cost of such services will exceed $900 for the appeal, counsel must complete the CJA Authorization Request—Law Clerk and CALR Services form.

 

o

Counsel may submit the form for approval by uploading it to an AUTH request in CJA eVoucher. After the court approves the AUTH in CJA eVoucher, counsel may submit a CJA 21 voucher by selecting “Use Previous Authorization,” selecting the previously approved AUTH, entering the services and expenses, uploading the invoice, and submitting the CJA 21 through CJA eVoucher.

 

o

Alternatively, counsel may submit the form for approval by emailing it to 4cca-cja@ca4.uscourts.gov. After the court returns the approved form, counsel may submit a CJA 21 voucher by selecting “No Authorization Required,” entering the services and expenses, uploading the invoice and the approved form, and submitting the CJA 21 through CJA eVoucher.

 

b.	Interpreter Services

 

i.	Interpreter services to communicate with a non-English-speaking client may be necessary to the representation.

 

ii.	Use of a certified interpreter is not required for services provided on appeal. Contact information for interpreters may be obtained from the district court or through the online database maintained by the National Association of Judiciary Interpreters and Translators.

 

iii.	Current federal court interpreter rates and classifications are available at this link: Federal Court Interpreters | United States Courts (uscourts.gov). Counsel may use Language Skilled, Professionally Qualified, or Federally Certified Court Interpreters for services provided on appeal.

 

iv.	If the cost of such services will exceed $900 for the appeal, counsel must complete the CJA Authorization Request—Interpreter and Translator Services form.

 

o

Counsel may submit the form for approval by uploading it to an AUTH request in CJA eVoucher. After the court approves the AUTH in CJA eVoucher, counsel may submit a CJA 21 voucher by selecting “Use Previous Authorization,” selecting the previously approved AUTH, entering the services and expenses, uploading the invoice, and submitting the CJA 21 through CJA eVoucher.

 

o

Alternatively, counsel may submit the form for approval by emailing it to 4cca-cja@ca4.uscourts.gov. After the court returns the approved form, counsel may submit a CJA 21 voucher by selecting “No Authorization Required,” entering the services and expenses, uploading the invoice and the approved form, and submitting the CJA 21 through CJA eVoucher.

 

c.	Translator Services

 

i.	Translator services to communicate with a non-English-speaking client may be necessary to the representation, particularly in an Anders case.

 

ii.	Translators are paid at a rate not in excess of $180 per 1,000 words. Contact information for translators may be obtained through the online database maintained by the American Translators Association.

 

iii.	If the cost of such services will exceed $900 for the appeal, counsel must complete the CJA Authorization Request—Interpreter and Translator Services form.

 

o

Counsel may submit the form for approval by uploading it to an AUTH request in CJA eVoucher. After the court approves the AUTH in CJA eVoucher, counsel may submit a CJA 21 voucher by selecting “Use Previous Authorization,” selecting the previously approved AUTH, entering the services and expenses, uploading the invoice, and submitting the CJA 21 through CJA eVoucher.

 

o

Alternatively, counsel may submit the form for approval by emailing it to 4cca-cja@ca4.uscourts.gov. After the court returns the approved form, counsel may submit a CJA 21 voucher by selecting “No Authorization Required,” entering the services and expenses, uploading the invoice and the approved form, and submitting the CJA 21 through CJA eVoucher.

d.	Paralegal and Law Clerk Services

 

i.	Services provided by paralegals may be claimed at an hourly rate of $55 ($35 per hour for services before January 1, 2020). Services provided by law clerks may be claimed at an hourly rate of $25.

 

ii.	If the cost of such services will exceed $900 for the appeal, counsel must complete the CJA Authorization Request—Paralegal Services form (for paralegal services) or the CJA Authorization Request—Law Clerk and CALR Services form (for law clerk services).

 

o

Counsel may submit the form for approval by uploading it to an AUTH request in CJA eVoucher. After the court approves the AUTH in CJA eVoucher, counsel may submit a CJA 21 voucher by selecting “Use Previous Authorization,” selecting the previously approved AUTH, entering the services and expenses, uploading the invoice, and submitting the CJA 21 through CJA eVoucher.

 

o

Alternatively, counsel may submit the form for approval by emailing it to 4cca-cja@ca4.uscourts.gov. After the court returns the approved form, counsel may submit a CJA 21 voucher by selecting “No Authorization Required,” entering the services and expenses, uploading the invoice and the approved form, and submitting the CJA 21 through CJA eVoucher.

 

e.	Litigation Support Services from Printers

 

i.

Several legal printing services provide expert assistance for compilation, formatting, printing, and filing of briefs and appendices in accordance with the court’s local rules and bill for these services in accordance with the court’s CJA policies. Please confirm with your printer before any work is done that the printer’s billing practices are consistent with the court’s CJA policies.

 

ii.	The court pays $85 per hour for expert services in assembling, compiling, formatting, printing, and filing briefs and appendices in compliance with the court’s rules. The court pays copy expenses at a rate of $.15 per page.

 

iii.	If the cost of expert services (excluding copy expenses) exceeds $900 for the appeal, counsel must complete the CJA Authorization Request—Litigation Support Services form.

 

o

Counsel may submit the form for approval by uploading it to an AUTH request in CJA eVoucher. After the court approves the AUTH in CJA eVoucher, counsel may submit a CJA 21 voucher by selecting “Use Previous Authorization,” selecting the previously approved AUTH, entering the services and expenses, uploading the invoice, and submitting the CJA 21 through CJA eVoucher.

 

o

Alternatively, counsel may submit the form for approval by emailing it to 4cca-cja@ca4.uscourts.gov. After the court returns the approved form, counsel may submit a CJA 21 voucher by selecting “No Authorization Required,” entering the services and expenses, uploading the invoice and the approved form, and submitting the CJA 21 through CJA eVoucher.

 

5.	TRANSCRIPTION SERVICES CLAIMED ON CJA 24 VOUCHER

 

a.	Transcript Orders

 

i.

CJA authorization for all transcript needed for appeal is requested by submitting an AUTH-24 in the district eVoucher system in accordance with the district’s eVoucher procedures. New appellate counsel must contact district eVoucher staff for appointment to the underlying district court case in order to submit the AUTH-24 request for district judge approval. See District eVoucher Contacts for Transcript Authorization and Payment.

 

ii.

CJA counsel ordering preparation of transcript must also submit a Transcript Order Form to the court reporter and district court and file the same in the court of appeals with counsel’s Docketing Statement. Upon filing of the Transcript Order Form, the court of appeals will set deadlines for filing of all transcript.

 

iii.	If a transcript has already been ordered by a co-defendant, counsel may request a copy from co-defendant’s counsel or the court reporter ($.15 per page copy rate applies) or may ask the district court to provide appointed counsel with the transcript.

 

iv.	Counsel is responsible for requesting redaction of any private or sensitive data before a transcript is made publicly available on the district court’s electronic docket, in accordance with the Judicial Conference Policy on Privacy and Public Access to Electronic Case Files.

 

v.	For assistance in obtaining access to the district court transcripts, contact the Fourth Circuit appointments deputy, Lisa McFarland, at 4cca-cja@ca4.uscourts.gov.

 

b.	Transcript Payments

 

Once the court reporter has provided the transcript to counsel, counsel creates and submits a CJA 24 voucher in district eVoucher for payment of the court reporter in accordance with the district’s eVoucher procedures.

 

6.	CLAIM PROCEDURE

 

a.	CJA eVoucher

 

i.	CJA 20 and 21 vouchers are filed through CJA eVoucher at: https://evadweb.ev.uscourts.gov/CJA_c04_prod/CJAeVoucher/Logon.aspx.

 

ii.	Complete instructions on using CJA eVoucher are available in the Fourth Circuit’s CJA eVoucher Attorney Manual.

 

b.	CJA 20 Vouchers

 

i.

Counsel must submit the completed CJA 20 voucher within 60 days of final disposition of the case, unless good cause is shown. Because the representation continues through the petition for certiorari stage, the 60-day period runs from counsel’s filing of a certiorari petition or filing of a certiorari status form indicating that no petition will be filed. Counsel should not file their voucher until they have completed their representation through the certiorari stage and filed the certiorari status form.

ii.	In cases requiring substitution of CJA counsel, the statutory maximum applies to the combined compensation paid to both attorneys. Therefore, both attorneys submit their vouchers after final disposition of the appeal.

 

In cases in which extraordinary expenses and case delay create undue financial hardship, counsel may request interim payment by submitting an interim voucher through CJA eVoucher and setting forth a detailed justification for issuance of interim payment.

 

iii.	The start and end dates entered by counsel under the Claim Status tab must encompass all service and expense dates claimed on the voucher.

 

iv.	Vouchers must be carefully reviewed prior to submission to ensure they do not contain errors, duplicate claims, or other improper charges.

 

v.

Upload an excess compensation statement if you are requesting compensation in excess of the maximum compensation limit. Upload all travel receipts, computer-assisted legal research receipts, and receipts for expenses in excess of $50. See Checklist for CJA 20 and 30 Vouchers for a list of items that must be submitted with the CJA 20 voucher.

 

vi.	Click on the “Audit Assist” button at the bottom of the voucher screen to check the voucher prior to submission.

 

vii.	The combination of counsel’s eVoucher user name and password serves as counsel’s signature for documents and forms submitted to the CJA eVoucher system. Counsel is responsible for securing the password against unauthorized use and for notifying the clerk’s office of suspected misuse.

 

c.	CJA 21 Vouchers

 

i.	Counsel creates and approves the CJA 21 voucher for expert payment and submits it to the court upon completion of the expert’s services. Prior authorization is required for services in excess of $900.

 

ii.

Legal printing services are set up to enter their services and expenses and upload their invoice to CJA eVoucher. When creating a CJA 21 voucher for a printer, counsel should change the voucher assignment to “Expert” to enable the printer to enter their services and expenses and upload their invoice. Counsel then approves the CJA 21 voucher in CJA eVoucher for submission to the court.

 

iii.

For other types of experts, counsel must enter the expert’s services and expenses and upload the invoice. After completing the entry step for the expert’s services and expenses, counsel returns to the home screen, reopens the CJA 21 voucher, and approves it, which submits the voucher to the court for payment.

 

iv.	The date and description for all expert services must be entered under the Services tab, and the following rates used to calculate compensation:

 

o	Paralegal services: $55/hour ($35/hour for services prior to January 1, 2020)

o	Law clerk services: $25/hour

o	Interpreter services: Current federal court interpreter rates and classifications are available at this link: Federal Court Interpreters | United States Courts (uscourts.gov).

o	Translator services: $180/1,000 words

o	Litigation support services from printers: $85/hour

 

7.	PUBLIC DISCLOSURE OF FEES

 

a.

After completion of the appeal, the voucher (though not the supporting documentation) will be made available in response to a public request unless counsel requested, at or before the time the voucher was filed, that public disclosure be limited to the amounts approved for payment in order to (1) protect any person's Fifth Amendment right against self-incrimination, (2) protect the defendant's Sixth Amendment right to effective assistance of counsel; (3) protect the defendant's attorney-client privilege; (4) protect counsel's work product privilege; (5) protect the safety of any person; or (6) protect any other interest that justice may require.

 

b.	For further information, see CJA 19 Notice to Court-Appointed Counsel of Public Disclosure of Attorney Fee Information.

 

8.

QUESTIONS

 

a.	For budgeting questions, contact CJA Budgeting Attorney Larry Dash at 804-916-2177.

 

b.	For payment questions, contact CJA Administrator Patty Layne at the CJA Help Desk, 804‑916-2703, or via email at 4cca-cja@ca4.uscourts.gov .

 

9.	WORKSHEETS

 

a.	Counsel may enter their time and services in CJA eVoucher on an ongoing basis or track their time and services outside CJA eVoucher for entry at the close of the case.

 

b.	The court’s CJA 20 Worksheets may be used to record services and expenses for later entry of data into CJA eVoucher. CJA 20 Worksheets (PDF) CJA 20 Worksheets (Excel)