|
INSTRUCTIONS
FOR CJA FORM 30
DEATH PENALTY PROCEEDINGS
APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL
- The CJA Form 30 should
be used for all death eligible cases, regardless of whether the
death penalty is authorized, not-authorized, or de-authorized.
-
-
Read
these instructions carefully before completing the form. Accuracy
and thoroughness will aid in the prompt payment of the
claim. If possible, use a typewriter to complete the form; otherwise,
write legibly with a ball point pen (preferably black or dark
blue ink). If the form is generated from the automated system,
Items 1-11 and 13 will be preprinted on the form. Attach an itemized
statement of the services provided and expenses incurred. Give
the date and the number of hours claimed for each service provided.
Provide dates for, a description of, and the purpose for any expenses
incurred. For additional guidance, refer to the Guidelines
for the Administration of the Criminal Justice Act and Related
Statutes (CJA Guidelines), Volume VII, Guide to Judiciary
Policies and Procedures, which is available for reference
in the Clerk's Office.
-
Appointed
counsel may obtain investigative, expert, and other services necessary
for adequate representation in accordance with the procedures
set forth in subsection (e) of the Criminal Justice Act (as amended),
codified in part at 18 U.S.C. §3006A (CJA) and subsection
(q)(9) and (10)(B) of the Anti Drug Abuse Act, 21 U.S.C. §
848. Prior authorization from the presiding judicial officer is
required for all such services where the cost, excluding reimbursable
out-of-pocket expenses, will exceed $300. Failure to obtain prior
authorization will result in the disallowance of any amount claimed
unless the presiding judicial officer, in the interest of justice,
finds that timely procurement of necessary services could not
await prior authorization. Payment for these services should be
claimed directly by the service provider on the CJA Form 31.
-
Vouchers
shall be submitted no later than 45 days after the final disposition
of the case, unless good cause is shown (paragraph 2.21A, cja
guidelines). All payments made pursuant to this claim are
subject to post-audit; contemporaneous time and attendance records,
as well as expense records must be maintained for three years
after approval of the final voucher (paragraph 2.32, cja guidelines).
any overpayments are subject to collection, including deduction
of amounts due from future vouchers.
| Item
1. |
CIR./DIST./DIV.
CODE: This four-character location code is the circuit
or district, and divisional office codes for the court where
the proceedings whom the person represented are held. |
|
|
| Item
2. |
PERSON REPRESENTED:
Give the full name of the person whom you were appointed
to represent. |
|
|
| Items
3-6. |
DOCKET NUMBERS:
Provide the case number assigned by the court. Enter the
number using the last two digits of the calendar year (YY),
the sequential number assigned by the court (NNNNNN), and
the defendant number (DDD), as shown in the indictment or
charging document. Thus, the format of the docket number
is YY-NNNNNN-DDD. Note: If two or more cases are
heard or tried together for the person represented, complete
a separate voucher for each case in which representation
is provided (i.e., for each docket number listed). Prorate
the total time among the cases. On the supporting documentation,
cross reference the voucher number of all related claims
for which costs are prorated. |
|
|
| Item
7. |
IN CASE/MATTER
OF (CASE NAME): In criminal cases, enter U.S. vs.
Defendant's Name. If it is a multiple defendant case,
give the case cite as provided on the indictment (e.g.,
U.S. vs. Lead Defendant's Name, et al). If this is
a habeas corpus proceeding, enter the Name of the Petitioner
vs. the Name of the Respondent and include the respondent's
title. |
|
|
| Item
8. |
TYPE PERSON
REPRESENTED: Check the box that defines the legal status
of the person represented. |
|
|
| Item
9. |
REPRESENTATION
TYPE: Check one of the following types of representations:
D1
Habeas corpus (capital) petition pursuant to 28 U.S.C.
§ 2254, seeking to vacate or set aside a state death
sentence and Appeals;
D2 Federal capital prosecution, either trial
or direct appeal;
D3 Habeas corpus (capital) petition pursuant
to 28 U.S.C. § 2255 seeking to vacate or set aside
a federal death sentence and appeals; or
D4 Death penalty prosecution in federal
court under a state statute or any authority other than
the United States Code, and appeals.
|
|
|
| Item
10. |
OFFENSE(S)
CHARGED: If the case is a capital prosecution in federal
court, cite the U. S. Code, title and section, or other
code citation of all charges up to five. List all death-eligible
charges first. If the case is a direct appeal of a federal
prosecution, list all offenses for which the defendant was
convicted. |
|
|
| Item
11/13 |
ATTORNEY'S
NAME AND MAILING ADDRESS AND NAME AND MAILING ADDRESS
OF LAW FIRM: Complete Item 11 with
the legal name and address of the attorney appointed to
represent the person whose name is shown in Item 2. If prior
to your appointment for representation, you had a pre-existing
agreement with a law firm or corporation, including a professional
corporation, indicating that CJA earnings belong to the
law firm or corporation, rather than to the court-appointed
attorney/payee, provide the Name and Mailing address of
that law firm or corporation in Item 13. This information
will allow earnings to be reported to the Internal Revenue
(IRS) on a 1099 Statement as earnings of the law firm or
corporation and not as the earnings of the attorney appointed.
(Note: Information about a pre-existing agreement, including
the Taxpayer Identification Number (TIN) of the law firm
or corporation, should be provided to the court staff when
the attorney is admitted to the panel or at initial appointment
to a case.) |
|
|
| Item
12. |
COURT ORDER:
Check the box that describes the type of counsel appointed.
If appointed as a substitute counsel, give the name of the
previous counsel and the appointment date. If appointed
as a "Standby Counsel," attach the court order establishing
this type of appointment in accordance with paragraph 2.17
of the CJA Guidelines. Specific qualifications are
required for all counsel appointed to provide representation
in death penalty cases. See 21 U.S.C. § 848 (q)(5)-
(7) and 18 U.S.C. § 3005. The remaining portion of
the Item will be completed by the clerk of court or other
court-designated person.
If the court
approves interim payments because of the conditions stated
in Box "D," the court should check this box. The presiding
judicial officer or clerk of court must sign and date
this court order to validate the appointment. Check statement
"E," if full or partial repayment was ordered by the court
from the person represented at the time of the appointment.
If services were provided prior to court appointment,
the presiding judicial officer can ratify the previous
service by indicating a "nunc pro tunc" date that covers
the services prior to appointment. No other court order
is necessary.
|
|
|
| Item
14. |
STAGE OF
PROCEEDING: Check the box that corresponds to the stage
of proceeding for services claimed in Item 15 even if it
is anticipated that the work will be used in connection
with a later stage of the proceeding. CHECK ONLY ONE BOX.
Submit a separate voucher for each stage of proceeding.
NOTE: The stage noted as "Other" under "Other Proceeding"
should be used only for a petition for presidential pardon
or clemency, or other proceeding that cannot fit within
the other described categories. |
|
|
| Item
15. |
CLAIM FOR
SERVICES--CATEGORIES FOR HOURS AND COMPENSATION: On
the applicable lines "a" through "j" enter the actual time
spent in hours and tenths of hours. Total the number of
hours in out-of-court categories "b" - "j" and enter the
total in the "HOURS CLAIMED" column where required. Multiply
the total hours for in-court and out-of-court time by the
allowable compensation rate. Enter the amount claimed in
the "TOTAL AMOUNT CLAIMED" column for category "a", and
for categories "b" - "j." NOTE: Indicate "Other Dispositive
Motions" only for work related to a motion to dismiss, motion
for summary judgment, or similar motion to end the entire
habeas corpus proceeding. If services included in-court
hearings of one hour each on separate dates, enter two hours
on the form and attach a sheet indicating one hour for each
of the two dates.
Any mathematical
or technical adjustments to your claim during the judicial
approval process or an additional review will be indicated
in the columns provided on the form under the heading
"FOR COURT USE ONLY."
|
|
|
| Item
16. |
TRAVEL EXPENSES:
Travel related expenses that are incidental to the representation
(e.g., transportation, lodging, meals, car rental, parking,
bridge, road and tunnel tolls, etc.) must be itemized on
a separate sheet, indicating dates the expense was incurred.
Attach supporting documentation (receipts, canceled checks,
etc.) for all travel expenses. Travel expenses by privately
owned automobile, motorcycle, or aircraft should be claimed
at the rate in effect for federal employees at the time
of travel. For overnight travel, reasonable expenses for
lodging and meals will be reimbursed on an actual expense
basis; per diem is not allowed. Counsel should be guided
by prevailing limitations for travel and subsistence expenses
of federal employees. The clerk of court can advise you
on applicable rates and federal government travel regulations. |
|
|
| Item
17. |
OTHER EXPENSES:
Itemize all reimbursable out-of-pocket expenses incidental
to the representation. Provide dates and a brief description
of the expense. Submit supporting documentation (a receipt,
canceled check, etc.) for single item expenses in excess
of $50. Reimbursable expenses may include, in some circumstances,
payments to a law student or law clerks for research and
assistance, and the cost of computer assisted legal research
(CALR) when conducted by counsel. See paragraph 2.31 and
3.15 of the CJA Guidelines for an explanation. Fees
and expenses for expert attorney and other consultants in
death penalty cases should be authorized and claimed on
a CJA Form 31. The following are not reimbursable expenses,
and should not be claimed:
1.
General office overhead, such as rent, telephone services,
and secretarial services.
2. Expenses
for items of a personal nature for the client (e.g.,
clothes, haircuts).
3. The cost
of printing briefs. However, the cost of photocopying
or similar copying service is reimbursable.
4. Fact witness
fees, witness travel costs, and expenses for service
of subpoenas. These expenses are not paid out of the
CJA appropriation, but instead are paid by the Department
of Justice pursuant to Fed. R. Crim. P. 17 and 28 U.S.C.
§ 1825. Contact the United States Marshal for payment
procedures. See paragraph 3.13 of the CJA Guidelines
for guidance on payment of witness fees generally.
5. Filing
fees. These fees are waived for persons proceeding under
the CJA.
6. The cost
of allowable investigative, expert, or other services.
(See Chapters III and VI of the CJA Guidelines)
such services should be requested using a CJA Form 31.
7. Compensation
taxes. Taxes paid on attorney compensation, whether
based on income, sale, or gross receipts, are not reimbursable
expenses.
Totals. Enter
the "Grand Total" where required by adding the total amount
claimed for "in-court," "categories b - j," "Travel Expenses,"
and "Other Expenses." |
|
|
| Item
18. |
CERTIFICATION
OF ATTORNEY/PAYEE FOR PERIOD OF SERVICE: The person
appointed by the court must certify dates of service for
the representation. Indicate where required, the date range
for the services claimed on the voucher. |
|
|
| Item
19. |
APPOINTMENT
TERMINATION DATE, IF OTHER THAN CASE COMPLETION: If
the appointment is discontinued by order of the court (i.e.,
substituted counsel or reasons other than disposition of
the defendant's case such as fugitive defendant, appointment
of a public defender, or retention of counsel by defendant),
give the effective date for termination of appointment. |
|
|
| Item
20. |
CASE DISPOSITION:
Indicate case disposition for the person represented. Select
applicable code from the table below.
| |
Type
of Disposition
|
Code |
District
Court Criminal and Other Proceedings
|
Dismissed |
1 |
| Acquitted
by court, or government motion for judgment of acquittal
granted |
2 |
| Acquitted
by jury |
3 |
| Convicted/final
plea guilty |
4 |
| Convicted/final
plea nolo |
5 |
| Convicted/court
trial |
8 |
| Convicted/jury
trial |
9 |
| Mistrial |
C |
| Not
Guilty/insane/court trial |
E |
| Guilty/insane/court
trial |
F |
| Not
guilty/insane/jury trial |
G |
| Guilty/insane/jury
trial |
H |
| Other
(PTD matters, other reps. Transfers ,etc) |
X |
| Appeals |
Affirmed |
A |
| Reversed |
R |
| Remanded |
0 |
| Reversed
in Part/Affirmed in Part |
RA |
| Affirmed
in Part/Reversed in Part |
AR |
| Dismissed |
1 |
| Habeas/Petitions/Writs |
Granted |
GR |
| Denied |
DE |
|
|
|
| Item
21. |
CLAIM STATUS:
Indicate, by checking the appropriate box, whether the voucher
is (1) the final payment for the services, (2) an interim
payment, or (3) a supplemental payment (an additional claim
submitted after a final payment is made). If an interim
payment, indicate the payment number. Complete the remaining
portion of Item 21, and sign and date the affirmation statement
before submitting the claim for court approval. |
|
|
| Items
22-27a. |
APPROVED
FOR PAYMENT--COURT USE ONLY: The presiding judicial
officer will indicate the amount approved for each major
category. These amounts will reflect mathematical or technical
adjustments to your claim. The total amount approved for
payment of the claim, less any amounts withheld for interim
payment, is reflected in the "TOTAL AMOUNT APPROVED."
The "SIGNATURE OF THE PRESIDING JUDICIAL OFFICER"
is required to effect payment of the claim. The JUDGE
CODE will be provided by the court staff. |
<< Top
of Page >>
|