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. Please type or print clearly in blue or black ink. If the form is system-generated, Items 1 through 12 and 14 will be preprinted on the form. Attach an itemized statement specifying the date and a description of the services provided and expenses incurred. For additional guidance, see the Guidelines for Administering the CJA and Related Statutes (CJA Guidelines) Volume 7A, Guide to Judiciary Policy, which is available at www.uscourts.gov.
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 the limitations listed in § 310.20.30(a). Failure to obtain prior authorization will result in the disallowance of any amount claimed for compensation in excess of those limits, unless the presiding judicial officer, in the interest of justice, finds that timely procurement of necessary services could not await prior authorization. See 18 U.S.C. § 3006A(e)(2) and CJA Guidelines, § 310.20.30(b). 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 should be submitted no later than 45 days after the final disposition of the case, unless good cause is shown
(CJA Guidelines § 230.13(a)). 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 (CJA Guidelines § 230.76). 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 code of the court where the proceedings for the person represented are held. These codes are entered automatically by the payment system or manually by court staff.|
|Item 2.||PERSON REPRESENTED:Give the full name of the person represented.|
|Items 3-6.||DOCKET NUMBERS: Provide the case 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. 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.|
|Item 7.||IN CASE/MATTER OF (CASE NAME): In criminal cases, enter U.S. v. Defendant’s Name. If it is a multiple defendant case, give the case caption as provided on the indictment or information (e.g., U.S. v. Lead Defendant’s Names, 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 v. 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.|
|Item 8.||PAYMENT CATEGORY: Check the appropriate box that establishes the statutory maximum for representation in this case type. If “Other” payment category is checked, specify the category within the scope of the CJA. See 18 U.S.C. § 3006A(a) and CJA Guidelines § 230.23.20.|
|Item 9.||TYPE PERSON REPRESENTED: Check the box that defines the legal status of the person represented.|
|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.
FOR DEATH PENALTY CASES, USE THE CJA FORM 30 AND APPLICABLE TYPE OF REPRESENTATION CODES
|Item 11.||OFFENSE(S) CHARGED: Cite 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. If a statute outside of the federal code is cited, state the statutory maximum period of confinement authorized for the offense. For a civil matter, such as a habeas corpus representation or a motion attacking a sentence, cite 28 U.S.C. § 2254 or 28 U.S.C. § 2255, respectively. For direct appeals, cite the major offense (U.S. Code, title and section) for which the defendant was convicted.|
|Items 12/14||NAME AND MAILING ADDRESS OF ATTORNEY LAW FIRM: Please list the appointed attorney’s legal name and address in Item 12. If prior to appointment, the attorney 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 Employee Identification Number (EIN) 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),.|
|Item 13.||COURT ORDER: Check the box that describes the type of counsel appointed. If appointed as substitute counsel, give the name of the previous counsel and the appointment date. See § 220.55 of the CJA Guidelines. 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. See CJA Guidelines, §§ 210.20.60, 210.20.30(c)(5), and 230.23.20. 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 repayment of the cost of representation (either full or partial) is ordered by the court from the person represented by checking “Yes” or “No.”|
|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, attach an itemization of services, by date, and indicate the number of hours claimed 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 at the time of service. Enter the total dollar amount claimed in the appropriate box on the form.|
|Item 16.||OUT-OF-COURT SERVICES: Complete this section referring to the instructions above for in-court time.
NOTE: The "FOR COURT USE ONLY" column will reflect any mathematical or technical adjustments to the claim during the judicial approval process or changes made during a required additional review by the chief judge of the court of appeals (or delegate).
|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) must be itemized on a separate sheet, indicating the date the expense was incurred. Attach supporting documentation (e.g., receipts, canceled checks) 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 provide advice about applicable rates and federal government travel regulations. See CJA Guidelines, §§ 230.46, 230.60, 230.63.40.|
|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 dollar amount claimed where required on the form. Submit supporting documentation (e.g., receipts and/or canceled checks,
See Guideline § 230.63) for single item expenses in excess of $50.
The following are not reimbursable expenses and should not be claimed (see Guideline § 230.66)
1. General office overhead, such as rent, telephone services, and secretarial services.Totals. Enter the Grand Totals where required by adding "in-court" and "out-of-court" totals, "travel" and "other expenses."
|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.|
|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.|
|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.
|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.
|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.
|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.|
|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.|