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updated: 11/18/08
 
Criminal Justice Act
Hourly Rates of Compensation as imposed by Congress:

  In-Court

Out-of-Court

Current $100

$100

01/01/08 $100

$100

05/20/07 - 12/31/07 $94

$94

01/01/06 - 05/19/07 $92

$92

05/01/02 - 12/31/05 $90

$90

04/01/01 - 04/30/02 $75

$55

01/01/00 - 03/31/01 $70

$50

01/01/96 - 12/31/99 $65

$45


Claims for compensation must be supported with an itemized statement of the time spent on the appeal. (Please use CJA Form 20 Worksheets.) The itemized statement must show a brief description of the services rendered broken down into the categories listed in Items 15 and 16 under the Claim for Services and Expenses section of the CJA 20 voucher.

If counsel intends to seek compensation in excess of the statutory maximum, a detailed memorandum demonstrating exactly how the appeal was extended or complex and why all the hours of work were necessary to provide fair compensation should be attached. The memorandum should detail services in narrative and statistical form indicating the nature of the service rendered, the date the service was rendered and the time expended in rendering the service. Services predating the filing of the notice of appeal are not reimbursable; services prior to that date should be submitted for payment in the district court. Also, please note that all time submitted must be done in one tenth of an hour increments.

A $5,600 limitation, exclusive of expenses, applies to the compensation payable to appointed attorneys in direct criminal appeals and appeals from the denial of habeas corpus relief. For all other appointments under the Criminal Justice Act, a $1,700 limit applies.

To obtain current per diem rate, please go to: http://www.gsa.gov/perdiem. Automobile travel will be reimbursed at a rate of 58.5 cents per mile for travel after August 01, 2008. An itemized statement containing the date of travel, destination, number of miles and rate per mile must be submitted to document this expense.

Past years - automobile rates are as follows:
Effective Date
Rate
August 01, 2008 $0.585
March 19, 2008 $0.505
February 01, 2007 $0.485
January 01, 2006 $0.445
September 01, 2005 $0.485
February 04, 2005 $0.405
January 01, 2004 $0.375
January 01, 2003 $0.360
January 21, 2002 $0.365
January 22, 2001 $0.345
January 14, 2000 $0.325
April 01, 1999 $0.310

[ Privately Owned Vehicle (POV) Mileage Reimbursement Rate information, which includes current and past per diem rates, may be found at: http://www.gsa.gov. ]

All reimbursable expenses must be itemized on a work sheet, indicating the date and expense incurred. Counsel should minimize travel expenses and, if air travel is warranted from remote geographical areas of the circuit, contact the Criminal Justice Act Clerk at the phone number listed below for authorization to obtain governmental travel rates. This authorization should enable counsel to obtain government rates at hotels as well. Counsel should use regular U.S. Mail if it is less expensive than Federal Express or other private messenger services.

Computerized legal research and paralegal research are reimbursable.

The cost of use, by appointed counsel, of computer-assisted legal research services, may be allowed as a reimbursable out-of-pocket expense, provided that the amount claimed is reasonable. Whenever appointed counsel incurs charges for computer-assisted legal research, 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.

Also, please be aware that any services rendered and expenses incurred in preparing a petition for writ of certiorari to the United States Supreme Court are compensable. Receipts are required for any expense exceeding $50.

Copying services performed in your office will be reimbursed as an out-of-pocket expense and must be supported with an itemized statement containing the date, number of copies and cost per page.

Of particular interest to court-appointed counsel is the website for the U.S. Court of Appeals for the Seventh Circuit (http://www.ca7.uscourts.gov). The section entitled: Federal Defenders includes a manual on "Possible Issues for Review in Criminal Appeals," as well as current and back issues of "The Back Bencher," a publication of the Seventh Circuit Federal Defenders. The website also includes the current edition of the court's "Practitioner's Handbook" which contains a copy of the Seventh Circuit's Criminal Justice Act Plan. Access to the website is free of charge.

If you have questions concerning the CJA Forms and the instructions, you may contact the Criminal Justice Act Clerk at the Seventh Circuit Court of Appeals: (312) 435-5860 or the Duty Day Attorney in the Defender Services Division at (202)-502-3030.


Send completed
CJA forms to
:



Criminal Justice Act Clerk
SEVENTH CIRCUIT COURT OF APPEALS
219 South Dearborn Street
Room 2722
Chicago, Illinois 60604