Notice
2023 Certification forms are due on or before February 1, 2024. Failure to timely respond will result in your removal from the CJA panel.
Signed and completed forms should be returned to the Committee via US Mail or email to the attention of Dep. Clerk Amanda Hilley, CJA
at CJA_Liaison@scd.uscourts.gov.
At a minimum, each CJA Panel Attorney must complete six (6) hours of training each year on these topics to remain eligible for CJA Panel appointments.
Any panel attorney who accumulates in excess of the six (6) hours credit in an annual reporting period may carry forward those excess hours only
to the next annual reporting period. Additionally, should you no longer wish to remain on the CJA Panel or your contact information has changed since last year,
please indicate on the form and return.
Appointed Counsel
Preparation of CJA vouchers and documents
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 here and 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, 29201. 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
in writing.
-
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.
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.
Please click here to review current Judiciary Staff Travel Regulations before making your travel plans.
You can obtain government rate plane tickets from National Travel 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 National Travel.
(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 National Travel at 1-800-445-0668 to obtain government rate airline tickets for coach section seating to be charged to the Court's account. Advise National Travel 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 National Travel 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 National Travel, 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 National Travel.
Compensation
-
Counsel shall be compensated at
a rate not exceeding $172.00 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 |
01/01/2024 |
$172.00 |
$172.00 |
01/01/2023 |
$164.00 |
$164.00 |
01/01/2022 |
$158.00 |
$158.00 |
01/01/2021 |
$155.00 |
$155.00 |
01/01/2020 |
$152.00 |
$152.00 |
02/15/2019 |
$148.00 |
$148.00 |
03/23/2018 |
$140.00 |
$140.00 |
05/05/2017 |
$132.00 |
$132.00 |
01/01/2016 |
$129.00 |
$129.00 |
01/01/2015 |
$127.00 |
$127.00 |
03/01/2014 |
$126.00 |
$126.00 |
09/01/2013 |
$110.00 |
$110.00 |
01/01/2010 |
$125.00 |
$125.00 |
03/11/2009 |
$110.00 |
$110.00 |
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 | 01/01/2024 | $220.00 |
Effective | 01/01/2023 | $210.00 |
Effective | 01/01/2022 | $202.00 |
Effective | 01/01/2021 | $197.00 |
Effective | 01/01/2020 | $195.00 |
Effective | 02/15/2019 | $190.00 |
Effective | 03/23/2018 | $188.00 |
Effective | 05/05/2017 | $185.00 |
Effective | 01/01/2016 | $183.00 |
Effective | 01/01/2015 | $181.00 |
Effective | 03/01/2014 | $180.00 |
Effective | 09/01/2013 | $163.00 |
Effective | 01/01/2010 | $178.00 |
Effective | 03/11/2009 | $175.00 |
Effective | 01/01/2008 | $170.00 |
Effective | 05/20/2007 | $166.00 |
after 01/01/2006 but prior to | 05/20/2007 | $160.00 |
after 02/04/2005 but prior to | 01/01/2006 | $160.00 |
Death Penalty Cases Prior to | 02/04/2005 |
$125.00 |
-
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, 2024
is:
Felony Case |
$13,400.00 |
Misdemeanor Case |
$3,800.00 |
Post-Trial Motion |
$2,900.00 (made after entry
of judgment) |
Probation Revocation |
$2,900.00 |
Motion to Vacate |
$13,400.00 |
Habeas Corpus |
$13,400.00 (except Death Penalty cases) |
Parole Revocation |
$2,900.00 |
Material Witness |
$2,900.00 |
Mental Competency (18 USC 4245) |
$2,900.00 |
Civil or Criminal Contempt |
$2,900.00 |
Grand Jury Witness |
$2,900.00 |
-
The maximum allowance, permitted
by 18 U.S.C. 3006A, for representation of a person in
an appellate court is $9,600.00.
-
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.
eVoucher: Preparation and Submission of Voucher for Services
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.
Mileage
Rates |
Effective
Dates |
Rate |
01/01/1995 |
$0.30 |
06/06/1996 |
$0.31 |
09/08/1998 |
$0.325 |
04/01/1999 |
$0.31 |
01/14/2000 |
$0.325 |
01/22/2001 |
$0.345 |
01/21/2002 |
$0.365 |
01/01/2003 |
$0.36 |
01/01/2004 |
$0.375 |
02/04/2005 |
$0.405 |
09/01/2005 |
$0.485 |
01/01/2006 |
$0.445 |
02/01/2007 |
$0.485 |
03/19/2008 |
$0.505 |
08/01/2008 |
$0.585 |
02/01/2009 |
$0.55 |
01/01/2010 |
$0.50 |
01/01/2011 |
$0.51 |
04/17/2012 |
$0.555 |
01/01/2013 |
$0.565 |
01/01/2014 |
$0.56 |
01/01/2015 |
$0.575 |
01/01/2016 |
$0.54 |
01/01/2017 |
$0.535 |
01/01/2018 |
$0.545 |
01/01/2019 |
$0.58 |
01/01/2020 |
$0.575 |
01/01/2021 |
$0.56 |
01/01/2022 |
$0.585 |
07/01/2022 |
$0.625 |
01/01/2023 |
$0.655 |
01/01/2024 |
$0.67 |
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 $3,000.00, effective 01/01/2024.
-
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 $1,000.00, effective 01/01/2024.
-
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.
|