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 CJA Panel Selection Committee. Applications for placement on the panel are available upon request from the Committee Liaison by calling (803)765-5067. Completed applications should be returned to the CJA Panel Committee address at 901 Richland Street, Columbia, South Carolina, 29212. The Committee meets to review the applications and recommend to the full United States District Court those attorneys qualified for appointment to the Panel. The District Court appointed attorneys are then notified in writing by the CJA Committee of membership on the Panel.
The CJA Panel Committee consists of one district judge, one magistrate judge, the Federal Public Defender, one attorney who has served at least two years as a member of the CJA Panel, and an appointed panel representative. The CJA Panel Attorneys List is maintained and updated by the CJA Committee Liaison with copies distributed to the District Judges, Magistrate Judges, and Clerk's Office personnel.
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
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
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.
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.
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.
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
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.
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.
Representation in all other proceedings shall
terminate when the purpose of the appointment is accomplished
or when terminated by court order.
Counsel shall be compensated at
a rate not exceeding $125.00 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
| Death Penalty Cases
Effective 01/01/2010: $178.00
| Death Penalty Cases
Effective 03/11/2009: $175.00
| 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:
The maximum allowance permitted
by 18 U.S.C. 3006A for representation of a defendant before
a magistrate judge and in the District Court, or both, effective January 1, 2010
||$2,100.00 (made after entry
|Motion to Vacate
||$2,100.00 (except Death Penalty cases)
|Mental Competency (18 USC 4245)
|Civil or Criminal Contempt
|Grand Jury Witness
The maximum allowance, permitted
by 18 U.S.C. 3006A, For representation of a person in
an appellate court is $6,900.00.
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
Counsel shall be reimbursed for reasonable
actual expenses incurred in the representation of a defendant.
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:
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.
- Actual travel expenses shall not exceed:
- Round-trip coach air fare.
- Round-trip taxi or public transit fare from office to airport,
train station, or bus depot, and from airport to courthouse.
- 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
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 $2,400.00, effective 05/27/10.
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 $800.00, effective 05/27/10.
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
Form CJA 20 entitled Appointment
of and Authority to Pay Court Appointed Counsel after
appointment is made by the court.
- Form CJA 21 entitled Authorization & Voucher for
Expert or Other Services.
- Instructions for filling in Form CJA 21, Authorization & Voucher for Expert or Other Services.
Preparation and Submission of Voucher for Services
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.
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
Counsel shall submit CJA vouchers to the Panel Administrator of the Office of the Federal Public Defender. The Panel Administrator reviews vouchers for compliance with 18 U.S.C. 3006A and the Guide to Judiciary Policies and Procedures
. The District Court of South Carolina remains the final arbiter of compensation and reimbursement. For questions concerning CJA vouchers, please contact:
Claire Woodward, Panel Administrator
Office of the Federal Public Defender
1901 Assembly Street, Suite 200
Columbia, SC 29201
Death Penalty Cases
in Death Penalty cases should contact the CJA Liaison
for the District of South Carolina at (803) 765-5067.
Applications for appointment to the Death Penalty Attorney Panel should be submitted to the CJA Liaison as indicated on the form.
Travel Information for Court Appointed Counsel
Counsel appointed under the Criminal Justice Act are eligible for reduced government travel rates pursuant to Section 702 of the Federal Courts Administration Act of 1992, Public Law 102-572, 106 Stat. 4506.
Travel Management Center will obtain government rate plane tickets for you and charge them to the Court's account. Alternatively, you may make your own travel arrangements; however, if you do so, reimbursement for air travel will be limited to the government rate that could have been obtained through Travel Management Center.
(1) Upon learning of required commercial airline travel contact the Judge assigned to the case to obtain travel approval.
(2) When approval is granted notify the CJA Panel Administrator.
(3) Contact Travel Management Center at 1-800-445-0668 to obtain government rate airline tickets for coach section seating to be charged to the Court's account. Advise Travel Management Center that you are an attorney providing CJA representation in the District Court of South Carolina.
(4) As counsel appointed under the Criminal Justice Act, you are eligible for government hotel rates. When making reservations with the hotel, identify yourself as CJA counsel and request the government rate.
(5) Subsistence expenses for travel will be reimbursed within limitations applicable to federal employees. Contact the Finance Office of the District Court (803)253-3474 to obtain the per diem rate for your destination. Detailed receipts for hotel, food, and ground transportation MUST be submitted with your CJA voucher in order to receive reimbursement.
(6) The Court will pay directly for airline tickets charged through Travel Management Center to the Court's account and will verify the charges with you to ensure that payment is proper.
(7) If counsel is seeking reimbursement for an airline ticket that was not purchased through Travel Management Center, counsel must submit a copy of the ticket or receipt with their voucher and include a statement that the ticket price was less than the government rate available through Travel Management Center.