INSTRUCTIONS FOR CJA FORM 20
APPOINTMENT AND AUTHORITY TO PAY COURT APPOINTED COUNSEL
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 system
generated, Items 1 through 12 and 14 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 and a description
of the expenses incurred. For additional guidance, see 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 (CJA), 18 U.S.C. §3006A. Prior
authorization from the presiding judicial officer is required
for all such services where the cost, excluding expenses, will
exceed $300. Failure to obtain prior authorization will result
in the disallowance of any amount claimed for compensation in
excess of $300, 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
a CJA Form 21, "Authorization and Voucher for Expert and Other
Services."
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 of the court where the proceedings
for the person represented are held. |
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| Item
2. |
PERSON REPRESENTED: Give
the full name of the person whom you were appointed to
represent. |
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| Items
3-6. |
DOCKET NUMBERS: Provide
the case file or miscellaneous 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 on 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 supporting documentation,
cross reference all related claims for which costs are
prorated. |
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| 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 or information
(e.g., U. S. vs. Lead Defendant's Name, et al). If
the person represented is not a defendant (e.g., material
witness), enter the first named defendant in the court's
recording of the case. If this is a civil case (e.g.,
habeas corpus), enter the Name of the Petitioner vs.
the Name of the Respondent and include the respondent's
title. If other than a civil or criminal case (i.e.,
miscellaneous matters), enter "In the Matter of" followed
by the Name of the Person Represented. |
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| Item
8. |
PAYMENT CATEGORY: Check
the appropriate box that establishes the statutory threshold
for representation in this case type. If "Other" payment
category is checked, specify the category within the scope
of the CJA. See paragraph 2.22 B(2) of the CJA Guidelines. |
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| Item
9. |
TYPE PERSON REPRESENTED: Check
the box that defines the legal status of the person represented. |
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| Item
10. |
REPRESENTATION TYPE: From
the list below, select the code that describes the type
of representation:
CC
A defendant charged in a criminal case with an offense(s)
that is a felony, misdemeanor, or petty offense under
the United States Code, or an assimilated crime under
a state code including ancillary matters.
NT A new trial either directed from the
court of appeals on remand or as a result of a mistrial
MA Motion attacking a sentence (28 U.S.C. § 2255)
MC Motion to correct or reduce sentence
(Fed. R. Crim. P. 35)
HC Habeas corpus, non-capital (28 U.S.C. § 2254)
BP Bail Presentment
WI Material Witness (in custody)
WW Witnesses (Grand Jury, a Court, the
Congress, a Federal Agency, etc.)
PR Probation Revocation
PA Parole Revocation
SR Supervised Release Hearing
EW Extraordinary Writs ( Prohibition,
Mandamus)
CH Mental Competency Hearings (see Chapter
313 of Title 18 U.S. Code)
PT Pretrial Diversion
EX Extradition Cases (Foreign)
OT Other types (e.g., line ups, consultations,
prisoner transfer, etc.)
TD Appeal of a Trial Disposition
CA Other Types of Appeals
AP Appeal From Magistrate's Decision
CF Civil Asset Forfeiture
AF Appeal of Civil Asset Forfeiture
FOR DEATH PENALTY CASES,
USE THE CJA FORM 30 AND APPLICABLE TYPE OF REPRESENTATION
CODES |
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| Item
11. |
OFFENSE(S) CHARGED: Cite
the AO Code for the U.S. Code, with title and section,
or other code citation of the offense or offenses
(list up to five) with which the person represented is
charged. Example: The AO code for 18:922(g) is 18:922G.F.
If other than a federal code is cited, state the statutory
maximum period of confinement authorized for the offense.
The manual listing the AO Codes can be accessed at: (provide
link). If a civil matter, such as a habeas corpus representation
or a motion attacking sentence, cite 28 U.S.C. § 2254
or 28 U.S.C. § 2255, respectively. For direct appeals
from a case disposition, cite the major offense (U.S. Code,
title and section) for which the defendant was convicted. |
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| Items
12/14 |
ATTORNEY'S NAME AND MAILING
ADDRESS and NAME AND MAILING ADDRESS OF LAW FIRM: Complete
Item 12 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 14. This information will allow earnings to be
reported to the Internal Revenue Service (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.) |
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| Item
13. |
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," check "Other" and attach a court
order establishing this type of appointment in accordance
with paragraph 2.17 of the CJA Guidelines. Also
check "Other" if counsel is appointed pursuant to 28 U.S.C. § 1875(d)(1)
to protect a juror's employment rights, and attach the
court order appointing counsel for this purpose. The remaining
portion of this item will be completed by the clerk of
court or other court-designated person. The presiding judicial
officer or clerk of court must sign and date this court
order to validate the appointment. If services were provided
prior to court appointment, the presiding judicial officer
may wish to ratify the previous service by indicating a "nunc
pro tunc" date that covers the services prior to appointment.
No other court order is necessary. Indicate whether the
court orders full or partial repayment of the cost for
representation from the person represented at the time
of appointment by checking "Yes" or "No." |
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| Item
15. |
IN-COURT SERVICES: Enter
the total number of hours claimed (in hours and tenths
of an hour) for each applicable in-court service category.
To support the totals entered in each category, attach
to the voucher an itemization of services, by date, and
indicate the number of hours for each service. Enter the
total in-court hours where required on the form, and multiply
the total number of in-court hours claimed by the hourly
rate in effect for the place of holding court in which
the representation is provided or the attorney maintains
his or her principal office. If the case is an appeal to
the court of appeals, enter the higher of the rates per
hour in effect for the place of holding court in which
the attorney maintains his or her principal office or the
place of holding court out of which the case arose. Enter
the total amount claimed in the appropriate box on the
form. |
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| Item
16. |
OUT-OF-COURT SERVICES: Complete
according to the instructions above for in-court time,
using the applicable out-of-court hourly rate of compensation.
NOTE: The "FOR
COURT USE ONLY" column will reflect any mathematical
or technical adjustments to the claim during the
judicial approval process or changes during a required
additional review of the chief judge of the court
of appeals (or delegate). |
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| Item
17. |
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 of applicable rates and federal government
travel regulations. |
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| Item
18. |
OTHER EXPENSES: Itemize
all reimbursable out-of-pocket expenses incidental to representation.
Provide dates and a brief description of the expense. Enter
the total claimed where required on the form. Submit supporting
documentation (receipts, canceled checks, etc.) for single
item expenses in excess of $50. Reimbursable expenses may
include, in some circumstances, payments to law students
or law clerks for legal research and assistance and the
cost of computer assisted legal research (CALR) when conducted
by counsel. See paragraphs 2.31 and 3.15 of the CJA
Guidelines for an explanation. 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
Chapter III of the CJA Guidelines). Such
services should be requested using a CJA Form 21.
7. Compensation taxes.
Taxes paid on attorney compensation, whether based
on income, sales or gross receipts are not reimbursable
expenses.
Totals. Enter the Grand Totals where required
by adding "in-court" and "out-of-court" totals, "travel" and "other
expenses."
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| Item
19. |
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. |
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| Item
20. |
APPOINTMENT TERMINATION
DATE, IF OTHER THAN CASE COMPLETION: If the appointment
is discontinued by order of the court (i.e., substitute
counsel or reasons other than disposition of the defendant's
case, such as fugitive defendant, appointment of federal
defender, or retention of counsel by a defendant), give
the effective date for termination of appointment. |
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| Item
21. |
CASE DISPOSITION: Indicate
case disposition for the person represented (e.g., dismissed,
convicted/final plea guilty, probation revoked, other,
etc.). Select a code from the table below.
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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) |
X |
| Appeals |
Affirmed |
A |
| Reversed |
R |
| Remanded |
0 |
| Reversed
in Part/Affirmed in Part |
RA |
| Affirmed
in Part/Reversed in Part |
AR |
| Dismissed |
1 |
| Probation/Parole/
Supervised
Release |
Revoked |
RV |
| Restored |
RS |
| Habeas/Petitions/Writs |
Granted |
GR |
| Denied |
DE |
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| Item
22. |
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 interim payment number. Complete
the remaining portion of Item 22, and sign and date the
affirmation statement before submitting the claim for court
approval.
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| Items
23-28a. |
APPROVED FOR PAYMENT: The
presiding judicial officer will indicate the amount approved
for payment in each category (Items 23 - 26). These amounts
will reflect any mathematical and technical adjustments
to your claim. The "TOTAL AMOUNT APPROVED/CERTIFIED" for
payment equals the amount approved in the major categories,
less any amounts withheld for an interim payment.
SIGNATURE OF THE PRESIDING
JUDICIAL OFFICER: If the total amount approved
for payment (both in-court and out-of-court), not
including expenses, is less than or equal to the
statutory limitation, the claim will be processed
for payment. The presiding judicial officer will
sign and date the voucher indicating approval of
the amount to be paid in Item 27. If compensation
exceeds the statutory threshold for the representation,
submit a detailed memorandum, supporting and justifying
that the representation was provided in a complex
or extended case and that the claim for the excess
amount is necessary to provide fair compensation.
Upon preliminary approval of the claim, the presiding
judicial officer will (1) signify approval by circling
the word "cert" (for word certified) in Item 27 and
(2) forward the voucher to the chief judge of the
court of appeals (or delegate) for approval of the
excess amount. The JUDGE CODE will be provided
by the court staff.
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| Item
29-33. |
APPROVED FOR PAYMENT: For
payments in excess of the statutory limitation, the chief
judge for the court of appeals (or delegate) will indicate
the amount approved for payment in Items 29 - 32. This
amount will reflect any adjustments in your claim resulting
from additional technical or mathematical review by the
chief judge (or delegate). The chief judge of the court
of appeals (or delegate) will indicate the TOTAL AMOUNT
APPROVED for payment of the claim, less any amounts
withheld for an interim payment in Item 33. |
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| Item
34. |
SIGNATURE OF CHIEF JUDGE,
COURT OF APPEALS (OR DELEGATE): Before the claim
is paid for the excess amount, the chief judge of the
appeals court (or delegate) must sign and date Item 34,
approving payment for compensation that exceeds the statutory
threshold. If approval is not granted, compensation will
be limited to the statutory maximum for the representation
and expenses as approved. The JUDGE CODE will
be provided by the court staff. |
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