Alexandria Division Criminal Justice Act Panel
General Information:
Composition of the Panel
Eligibility Requirements
How to Apply for the Panel
Removal from the Panel
For Attorneys on the Panel:
Forms for Downloading
Client's Financial Affidavit
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
The Alexandria Division's Criminal Justice Act (CJA) Panel is composed of 100 attorneys in private practice who have indicated they wish to be appointed to represent indigent defendants in criminal cases.
From that master list, two lists of 50 attorneys have been randomly selected to handle cases during each quarter of the year. The first list of 50 attorneys are appointed to cases during the months of January, February, March, July, August, and September. The second list of attorneys are appointed to cases during the months of April, May, June, October, November, and December. When a judge orders that an attorney be appointed for a indigent defendant, the Clerk's Office selects at random an attorney from that quarter's list. Once selected, the attorney will not be considered for another case during that quarter until all the attorneys in that quarter's list have been selected.
A separate list of 21 attorneys serve as CJA lawyers for defendants in capital cases. These attorneys have met the Fourth Circuit's qualifications for representing defendants facing the death penalty, as set forth in the Fourth Circuit Judicial Council Order 113. The same random selection procedure is used to assign counsel in death penalty cases. Attorneys on the death penalty CJA panel may also participate in the regular CJA panel.
District judges may also appoint attorneys who are not on the CJA Panel to represent indigent defendants if such an appointment is "in the interest of justice, judicial economy or continuity of representation or [for] other good cause," according to the Eastern District of Virginia's CJA Plan.
When selected for a case, CJA panel members must personally handle the case. They may not refer the case to another lawyer in their firm without leave of the court.
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Eligibility Requirements
Attorneys on the CJA Panel must:
Be members in good standing of the Virginia State Bar.
Be admitted to practice before the Eastern District of Virginia.
Have practiced law for at least two years.
Have represented defendants in at least six felony cases and 12 misdemeanor cases in state or federal court.
Once appointed to the Panel, attorneys must:
Attend "Introduction to the Federal Court," an annual continuing legal education program sponsored by the Northern Virginia Chapter of the Federal Bar Association. This program only need be attended once.
Attend an annual training seminar and an annual sentencing guidelines continuing legal education program sponsored by the Federal Public Defender's Office of the Eastern District of Virginia.
Attend an annual continuing legal education program about sentencing guidelines.
Update the Clerk's Office whenever their office address, telephone number or name changes.
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How to Apply for the Panel
Counsel will be added to the panel only when a panel member resigns or is
removed. New CJA panel members will be selected from a waiting
list in the order in which they applied. To add your name to
the waiting list, please submit an application.
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Removal from the Panel
Attorneys can be removed from the panel if they:
Resign from the panel
Retire from the practice of law
Do not meet the panel training requirements
Refer a case to another lawyer in their firm without leave of the court.
Refuse three appointments without valid excuses
Valid excuses include:
Travel outside the Eastern District of Virginia during the case
Handling another case, the time requirements of which preclude taking on a CJA assignment
Conflicts under the Virginia Rules of Professional Conduct
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Forms for Downloading
CJA forms 20, 21, 24, 30 and 31 may be obtained only from
the Clerk's Office, which must fill out portions of the forms.
Instructions for these forms appear below. Click on the formats
to download the forms.
To download the Adobe Acrobat Reader required to view PDF
format forms, please visit the company's web
site. (Disclaimer: The Judiciary neither endorses Acrobat
Reader, nor exercises any responsibility over Acrobat Reader.)
When you click on any form below stored in the WordPerfect format,
you must select "Save" from the popup and save the
document to your PC. Then, you must open WordPerfect and open
the document that was downloaded.
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 Alexandria Division CJA Panel |
WordPerfect
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 |
CJA
Form 23 -- Client's Financial Affidavit |
WordPerfect
PDF |
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 |
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Client's Financial
Affidavit
Your client must fill out a CJA Form 23
- Client's Financial Affidavit prior to his or her first appearance
in court.
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Completing the CJA Form
20 Voucher
You must complete CJA Form 20 and return it to the Clerk's
Office for processing within 45 days of the completion of all
work at the District Court level. Vouchers may be submitted
while the case is ongoing only with the judge's permission.
Line-by-line instructions for filling
out CJA Form 20 are provided to CJA counsel. You are responsible
for completing items 15 thru 22, if applicable to your case.
A voucher may not be processed if items 15 and 16, concerning
your in-court and out-of-court time, are incomplete.
You may attach computerized billing sheets, provided the time
and expense entries are listed separately and categorized in
the same way as they are on CJA Form 20.
Counsel should note the date of appointment in the form's
item 13. If time is claimed for a date prior to the appointment
date, a motion for appointment nunc pro tunc must be filed.
Please note that all vouchers must have the original signature
of the appointing officer. If an original has been misplaced,
contact the Clerk's Office.
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Recordkeeping Requirements
Counsel 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
Counsel's time and attendance records are subject to audit and must be retained for three years after approval of the final voucher for an appointment
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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
Among the kinds of time spent by court-appointed counsel that are not allowable are:
Time spent preparing the CJA Form 20 voucher
Lunch breaks
Legal research in subject areas with which counsel should be familiar
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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 |
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
The in-court rate for these examples is premised upon counsel's unavailability to perform work on anything other than the CJA case for which the attorney is required to be at the courthouse.
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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 |
Some examples of out-of-court rates include time spent:
Conferring with counsel, client or witnesses during court breaks
Travel time
Research
Preparation of pleadings and correspondence
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Maximum Compensation per Case
See 18 U.S. C. Section 3006A(d)(2) for an outline of the maximum compensation allowed for various types of representations. Maximum compensation amounts do not include allowable expenses.
Effective March 11, 2009 the maximums allowed at the District Court
level are:
Felonies |
$8,600 |
Misdemeanors |
$2,400 |
Appellate Court Case |
$6,100 |
U.S. Parole Commission Appeal |
$5,000 |
All Others |
$1,800 |
If all services were performed in a case prior to December 8, 2004, the former
statutory maximums apply. However, in a case that commenced prior to December
8, 2004, if any services were performed after that date, the above-listed
case maximums apply to the case.
Examples of representations falling into the category of "All Others" include:
Petty Offenses
Revocation
Rule 40
Bail proceedings
Material/grand jury witness
2254/2255 Petitions
Pre-indictment consultations
Probation violation
Supervised release hearing
If the amount of compensation claimed (not including expenses) exceeds the statutory maximum, amounts paid in excess of the maximums must be approved by both the judge handling your case and the Chief Judge of the Fourth Circuit.
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Prorating Claims for Compensation
There may be times when proration of claims is appropriate. Whenever appointed counsel submit separate vouchers:
Time spent in common on more then one indictment or case must be prorated among the indictments or cases on which the time was spent
Each indictment or case must be cross-referenced on the vouchers
Time spent exclusively on any one indictment or case may properly be charged on the voucher for that indictment or case.
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 |
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
information) |
a separate voucher should be submitted |
a separate maximum is applied for each indictment. |
A single counsel is appointed to represent multiple defendants |
-- |
Separate vouchers should be submitted for each defendant represented |
A separate
maximum is
applied for
each
defendant. |
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Expenses
Reimbursement will be allowed for actual (not estimated) expenses. Supporting documentation, such as receipts, must be submitted for single item expenses in excess of $50 (e.g. telephone bills, copy charges, etc.).
Before undertaking extraordinary travel or any travel involving an overnight stay related to CJA representation, the judge handling your case must grant a motion filed by counsel.
Travel within the division to court hearings is not reimbursed.
Mileage rates are as follows:
Dates
of Travel |
Rate
per Mile |
June
7, 1996 - September 7, 1998 |
$0.310 |
September
8, 1998 - March 31, 1999 |
$0.325 |
April
1, 1999 - January 13, 2000 |
$0.310 |
January
14, 2000 - January 21, 2001 |
$0.325 |
January
22, 2001 - January 21, 2002 |
$0.345 |
January
22, 2002 - December 31, 2002 |
$0.365 |
January
1, 2003 - December 31, 2003 |
$0.360 |
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 |
Effectvie
February 1, 2007 |
$0.485 |
Effective March 19, 2008 |
$0.505 |
Effective August 1, 2008 |
$0.585 |
Effective February 1, 2009 |
$0.55 |
Paralegal expenses must be billed on a CJA Form 21. The judge handling your case must approve the expenses by signing Section 15 of the form before it is submitted for payment.
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Computer-Assisted Legal Research Expenses
Computer-assisted legal research may be an allowable expense, provided that 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
Payment for service of subpoenas is not allowable under CJA. Attorneys must fill out the U.S. Marshal's Form 285 - Process, Receipt and Return Form, which is available from the Clerk's Office. The Clerk's Office will issue the subpoena and give it, along with Form 285, to the U.S. Marshals Service.
The Clerk's Office will not issue subpoenas that require witnesses to travel 100 miles or more, or pay for the travel expenses for a witness, unless an order is first issued by the judge handling your case.
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Transcripts
The CJA Form 20 should not be used to request reimbursement for the cost of transcripts. Attorneys must request a transcript using the CJA Form 24 for authorization and payment of a transcript . Please consult CJA Form 24 instructions when filling out the form. The judge handling your case must approve the expenses by signing Section 16 of the form before it is submitted for payment.
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Ex Parte Applications
Counsel is not required to serve opposing counsel with ex parte applications. The application will not be placed under seal without an order of the court.
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Approval and Payment of Claims
Upon receipt by the Clerk's Office of a fully complete and accurate CJA Form 20 voucher, with appropriate attachments, the vouchers are:
Reviewed for accuracy and completeness
Approved by the District Court judge
Approved by the Chief Judge of the Fourth Circuit, if amounts requested exceed the statutory maximums
Processed and entered into the CJA computer system
Checks are issued to counsel by the Administrative Office of the U.S. Courts in Washington, D.C., and will include the docket number and name of the defendant. If the amount of compensation paid is less than that requested, the reason for the reduction will be included on the check.
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Public Disclosure of Compensation
Compensation and expenses paid to CJA attorneys are not disclosed without a court order. If an order is issued, the CJA attorney will be notified prior to the information being disclosed.
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Who to Contact if You Have Questions
CJA Forms & Procedures:
Clerk's Office Criminal Division
703-299-2102
Payment Issues:
Ramona Johnson, Financial Clerk
U.S. District Court
401 Courthouse Square
Alexandria, VA 22314-5798
(703) 299-2100
Ramona_Johnson@vaed.uscourts.gov
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