CJA Appointment

The plan for the implementation of the Criminal Justice Act of 1964 as Amended provides that a panel of private attorneys who are eligible and willing to be appointed to provide representation be maintained by the Clerk of Court. Applications for placement on the panel are available upon request from the Clerk of Court. Completed applications should be returned to the Clerk of Court who will present them to the CJA Panel Committee. The Committee meets to consider the applications and recommend to the court those attorneys qualified for placement on the panel. The court then approves attorneys for membership on the panel.

The CJA Panel Committee consists of one district judge, one magistrate judge, one attorney who has served at least two years as a member of the CJA Panel, and the Federal Public Defender. Attorneys will be notified upon approval for placement on the panel. The list of attorneys on the panel is maintained by the Clerk of Court with copies furnished to the district judges and magistrate judges.

The following information is provided for the guidance of privately practicing attorneys appointed, pursuant to the Criminal Justice Act (18 U.S.C. 3006A), to represent a person financially unable to obtain adequate representation.

Duties of Appointed Counsel

1. Counsel named in the Order of Appointment Form CJA 20 must personally appear at all proceedings. Counsel shall not delegate his or her responsibility to other counsel (except for emergencies with approval of the court and consent of defendant). Counsel who is unable to personally fulfill his or her obligation to a defendant because of health or other good reason should immediately so notify the court or magistrate judge in writing.
2. Counsel is required to secure the appearance of the defendant at all pretrial conferences and at all other proceedings requiring the appearance of the defendant.
3. Counsel shall fulfill his or her professional responsibility as an officer of the court, and the limited amount of compensation accruing in no respect diminishes such responsibility.
4. Counsel appointed by the magistrate judge shall continue to serve until his or her representation is terminated by the provisions of the plan of the court, adopted pursuant to the Criminal Justice Act of 1964, as amended by Public Law 91-447, or by court order.

5. Counsel shall report, to the court or a magistrate judge, any change in the financial status of the person he or she was appointed to represent which indicates the ability of the person to finance all or part of the representation.

Termination of Appointment

1. Representation of a defendant in a criminal case shall terminate with the imposition of sentence following the acceptance of a plea of guilty, a plea of nolo contendere, or the finding of a guilty verdict.
2. Counsel shall, following the imposition of sentence in a criminal case where the defendant has been found guilty after trial or entered a plea of guilty, advise the defendant of his or her right to appeal and of his or her right to counsel on appeal. If requested to do so by the defendant, counsel shall file a timely Notice Of Appeal. Counsel on appeal shall be appointed by the Court of Appeals.
3. Representation in all other proceedings shall terminate when the purpose of the appointment is accomplished or when terminated by court order.

Compensation

1. Counsel shall be compensated at a rate not exceeding $100.00 per hour for time expended in court or before a magistrate judge and for time reasonably expended out of court, and shall be reimbursed for expenses reasonably incurred.



Compensation Rates
Effective Dates	In-Court	Out-Of-Court
01/01/2008	$100.00	$100.00
05/20/2007	$94.00	$94.00
01/01/2006	$92.00	$92.00
05/01/2002	$90.00	$90.00
04/01/2001	$75.00	$55.00
01/01/2000	$70.00	$50.00
01/06/1996	$65.00	$45.00
Death Penalty Cases Effective 01/01/2008: $170.00
Death Penalty Cases Effective 05/20/2007: $166.00
Death Penalty Cases after 01/01/2006 but prior to 05/20/2007: $160.00
Death Penalty Cases after 02/04/2005 but prior to 01/01/2006: $160.00
Death Penalty Cases Prior to 02/04/2005: $125.00




2. The maximum allowance permitted by 18 U.S.C. 3006A for representation of a person before a magistrate judge and in the District Court, or both, is:

Felony Case	$7,000.00
Misdemeanor Case	$2,000.00
Post-Trial Motion	$1,500.00 (made after entry of judgment)
Probation Revocation	$1,500.00
Motion to Vacate	$1,500.00
Habeas Corpus	$1,500.00 (except Death Penalty cases)
Parole Revocation	$1,500.00
Material Witness	$1,500.00
Mental Competency (18 USC 4245)	$1,500.00
Civil or Criminal Contempt	$1,500.00
Grand Jury Witness	$1,500.00

3. The maximum allowance, permitted by 18 U.S.C. 3006A, For representation of a person in an appellate court is $3,700.00.
4. Payment in excess of any maximum amount provided in paragraph "B" herein immediately above may be made for extended or complex representation whenever the district judge before whom the representation was rendered, or the magistrate judge if the representation was furnished exclusively before him, certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the Chief Judge of the Circuit or his delegate.

Actual Expenses Other than for Expert or Other Services

1. Counsel shall be reimbursed for reasonable actual expenses incurred in the representation of a defendant.
2. In determining whether actual expenses incurred are "reasonable," counsel shall be guided by the prevailing limits placed upon travel and subsistence of federal judiciary employees. Therefore, reimbursement for counsel appointed to represent a defendant before a magistrate judge or the United States District Court for the District of South Carolina shall be limited as follows:
   1. Actual subsistence, not to exceed the maximum daily allowance for the particular area for employees of the judiciary as fixed by the Director of the Administrative Office of the United States Courts. Lodging, meals, and all other allowable items of expense shall be itemized, and furnished with the Form CJA 20.

   2. Actual travel expenses shall not exceed:
      1. Round-trip coach air fare.
      2. Round-trip taxi or public transit fare from office to airport, train station, or bus depot, and from airport to courthouse.
      3. Private automobile mileage at the rate allowed for employees of the judiciary as fixed by the Director of the Administrative Office of the United States Courts, not to exceed the amount of round-trip coach air fare.

Authorization for obtaining Expert or Other Services

1. Prior authorization of the court should be obtained before obtaining investigative, expert, or other services (e.g. reporter's transcript, interpreter, investigator, psychiatrist, psychologist, or other expert services). The maximum allowance, permitted by 18 U.S.C. 3006A, is $1,600.00.
2. Investigative, expert, or other services may be obtained, where it is not possible to seek prior authorization, subject to later review. The maximum allowance, permitted by 18 U.S.C. 3006A, where prior authorization is not obtained, is $500.00.
3. The request for prior authorization to obtain investigative, expert, or other services shall be made on Form CJA 21 entitled "Authorization & Voucher for Expert or Other Services," which may be obtained from the Clerk of the Court. The Form CJA 21 shall be filled in by counsel and presented to the judge for approval. After the investigative, expert, or other services have been obtained, the completed CJA 21 shall be submitted to the Clerk of Court.

Forms Obtainable from the Clerk of the Court

1. Form CJA 20 entitled Appointment of and Authority to Pay Court Appointed Counsel after appointment is made by the court.
   
2. Instructions for filling in Form CJA 20, Appointment of and Authority to Pay Court Appointed Cousel after appointment is made by the court.
3. Form CJA 21 entitled Authorization & Voucher for Expert or Other Services.
4. Instructions for filling in Form CJA 21, Authorization & Voucher for Expert or Other Services.

Preparation and Submission of Voucher for Services

1. Form CJA 20 entitled Appointment of and Authority to Pay Court Appointed Counsel, which is furnished by the Clerk's Office, is to be completed by counsel. All necessary supporting documentation must be attached to the voucher prior to submission for payment (including receipts for expenses over $50.00). All time should be reported in one-tenth increments, which can easily be converted to percentages, i.e., .1, .3, .5, for purposes of entering the data into our automated system.
2. A claim for more than the maximum provided in 18 U.S.C. 3006A will delay the processing of the claim as it will require approval of the Circuit as well as the District Court Judge.

Death Penalty Cases

Attorneys appointed in Death Penalty cases should contact the CJA Liaison for the District of South Carolina at (803) 765-5789.