Claims for compensation must be supported with an itemized statement of the time spent on the appeal. 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 hourincrements.
A $8,800 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.
To obtain current per diem rate, please go to: http://www.gsa.gov/perdiem . 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
|
| January 01, 2025 |
$0.70 |
| January 01, 2024 |
$0.67 |
| January 01, 2023 |
$0.655 |
| January 01, 2022 |
$0.585 |
| January 01, 2021 |
$0.56 |
| January 01, 2020 |
$0.575 |
| January 01, 2019 |
$0.58 |
| January 01, 2018 |
$0.545 |
| January 01, 2017 |
$0.535 |
| January 01, 2016 |
$0.54 |
| January 01, 2015 |
$0.575 |
| January 01, 2014 |
$0.56 |
| January 01, 2013 |
$0.565 |
| April 17, 2012 |
$0.555 |
| January 01, 2011 |
$0.510 |
| January 01, 2010 |
$0.500 |
| January 01, 2009 |
$0.550 |
| 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 |
[ Privately Owned Vehicle (POV) Mileage Reimbursement Rate information may be found on the GSA web site: https://www.gsa.gov/travel/plan-a-trip/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-mileage-reimbursement and past mileage reimbursement rates can be found under: POV Mileage Rates (Archived). ] |
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 website includes the current edition of the court's " Practitioner's Handbook " and a copy of the Seventh Circuit's Criminal Justice Act Plan . Access to the website is free of charge.
The Federal Public Defender website ( http://ilc.fd.org/ ) includes a manual on " Possible Issues for Review in Criminal Appeals ," a publication of the Seventh Circuit Federal Defenders.
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.
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