A BRIEF INTRODUCTION TO THE CJA ACT

The Sixth Amendment provides that "In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." A defendant's need for a lawyer is nowhere better stated than in the moving words of Mr. Justice Sutherland in Powell v. Alabama, 287 U.S.68, "The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence."

As part of it’s obligation to comply with such constitutional mandates Congress enacted the Criminal Justice Act, 18 U.S.C. 3006A. The same provides for the appointment of competent counsels to represent indigent defendants at no cost for the accused.

The CJA is administered under the Guidelines for the Administration of the CJA and Related Statutes, pursuant to approval of the Judicial Conference of the United States. These guidelines are published in Volume VII of the Guide to Judiciary Policies and Procedures, available in the Clerk's office or in the Federal Public Defender's office (FPD).

As part of it’s mission, the FPD’s helps CJA attorneys in providing quality representation to their clients. Panel attorneys are invited to consult with the FPD on any aspect of a CJA case. Inquiries may be directed by telephone or e-mail to individual attorneys, or to First Assistant Carlos Vazquez for assignment to an attorney.

Law Library

The FPD has a full federal criminal practice law library including statute services, case reporters, manuals, and treatises. Panel attorneys may use these library materials by appointment for research and preparation in a CJA case. Materials may not be removed from the library.

Brief Bank

The FPD has a Brief Bank, containing filings made by our attorneys. The Brief Bank is updated constantly as new issues are raised and new arguments made. We welcome the opportunity to include briefs written by panel attorneys.

Federal Defender Training Group

The Federal Defender Training Group in Washington, D.C., provides support to panel attorneys in CJA cases. The Group has special expertise in guideline sentencing issues. The telephone number is 800-788-9908.

CJA Panel Attorney Representative

Each federal judicial district has a CJA panel attorney representative. As the representative of all panel attorneys in the district, the CJA panel representative acts as the point of contact between panel members and other components of the judicial branch (Court, Federal Public Defender, Administrative Office of the United States Courts) with respect to the CJA program.

The CJA panel attorney representative for this District is Francisco Rebollo, Esq., who may be reached at (787) 724-1212.

The CJA Act provides funding not only for the payment of the attorney, but also for the various expenses related to a competent representation. However, there are specific procedures to follow.

Under Federal Rule of Criminal Procedure 17(b), a defendant who is unable to pay witness fees may apply ex parte to the Court for issuance of a subpoena at government expense. The application must show that "the defendant is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense." Id. Counsel appointed under the CJA may make an affidavit of a defense witness’s appearance, pursuant to a court-approved subpoena, which will provide a basis for a Clerk’s certificate authorizing the U.S. marshal to pay witness fees. 28 U.S.C. § 1825; but see 28 U.S.C. § 1922 (1948) (limitation on taxation of witness fees "in the examination of any criminal case" before a U.S. magistrate judge).

Obtaining Expert or Other Services. Under subsection (e) of the Act, "[c]ounsel for a person who is financially unable to obtain investigative, expert, or other services necessary for adequate representation may request them in an ex parte application." 18 U.S.C. § 3006A(e). The application must show that the person is financially unable to obtain the services, and must show with particularity why they are necessary for adequate representation. To avoid the risk that the Court will disapprove payment for subsection (e) expenses already incurred, counsel should apply for Court authorization of those services in advance. The applications for authorizations of these services are made on form CJA 21, Authorization and Voucher for Expert and Other Services, available in the Clerk’s office.

a. The court may approve payment for subsection (e) services without prior authorization, upon a showing that the services were "necessary for adequate representation." 18 U.S.C. §§ 3006A(e)(2)(A). Except as provided in 18 U.S.C. §§ 3006A(e)(2)(B), the total cost of services so obtained may not exceed $300 and expenses reasonably incurred.

b. The court may also approve payment for subsection (e) services in excess of $300 without prior authorization if it is in the interest of justice, but only "upon the finding that timely procurement of necessary services could not await prior authorization." 18 U.S.C. §§ 3006A(e)(2)(B).

c. Compensation paid to a person or organization for subsection (e) services may not exceed $1,000 per person covered under the Act, plus reasonable expenses, unless excess compensation is certified by the court and approved by the chief judge of the circuit or his delegate. 18 U.S.C. § 3006A(e)(3).

d. As has been often repeated, death is different. Procedures for investigative, expert, or other reasonably necessary services in capital defense and capital habeas corpus are governed by different procedure, set out in 18 U.S.C. § 848(q)(9)––(10).

An attorney claiming compensation under the Act shall file a separate claim for each individual client representation, "specifying the time expended, services rendered, and expenses incurred . . . and the compensation and reimbursement applied for or received in the same case from any other source." 18 U.S.C. § 3006A(d)(5). Claims for compensation and reimbursement are made on form CJA 20, Appointment of and Authority to Pay Court Appointed Counsel, available in the Clerk’s office. Vouchers should be submitted to the Clerk as soon as possible after completion of services, and must be submitted within 45 days after final disposition of the case, unless good cause for later submission is shown. Guidelines, para. 2.21, at 12. Remember that "No appointed attorney shall accept a payment from or on behalf of the person represented without authorization by a United States district or circuit judge or magistrate on CJA Form 7." Guidelines, para. 2.22(E), at 20. Any payment so approved "shall be deducted from the fee to be approved by the court under subsection (d) of the Act."

Upon a finding that it is necessary and appropriate, the court may arrange for periodic or interim payments to counsel. Guidelines, para. 2.30, at 25; Appendix E. Upon the same finding, the court may arrange for interim reimbursement of "extraordinary and substantial" expenses. Id., para. 2.27(C), at 23.

Reasonably incurred out-of-pocket expenses, such as telephone toll calls and copying, may be reimbursed if they are itemized and reasonably documented on the voucher. (Costs of subsection (e) services must be claimed as such, and not as out-of-pocket expenses.) Guidelines, para. 2.27, at 22. Any necessary transcripts should be requested from the court on form CJA 24, Authorization and Voucher for Payment of Transcript, but an attorney may pay out-of-pocket for court-authorized transcripts and claim reimbursement on the same form. Id. Travel by private automobile may be claimed at the rate prescribed for federal judiciary employees (currently 34.5 cents per mile), and reasonable costs of other modes of transportation may be claimed on an actual-expense basis. Id. at 23. When they are necessary to the representation, actual and reasonable travel costs for meals and lodging in connection with overnight travel may be claimed, and attorneys may be guided as to what actual expense is "reasonable" by consulting current regulations applicable to federal judiciary employees, available in the Clerk’s office. Id. The cost of computer-assisted legal research may be reimbursable, under criteria set out in Guidelines, para. 2.31(B), at 26.

Reimbursement is not allowed for general office overhead, items and services of a personal nature, filing fees (which should not be charged to a person proceeding under the Act), printing of briefs, or service of process (which is governed by Federal Rule of Criminal Procedure 17(b) and 28 U.S.C. §§ 1825). Guidelines, para. 2.28, at 24.

"Appointed counsel must maintain contemporaneous time and attendance records for all work performed, including work performed by associates, partners, and support staff, as well as expense records. Such records, which may be subject to audit, must be retained for three years after approval of the final voucher for an appointment." Guidelines, para. 2.32, at 27.

Subject to certain conditions, the amounts paid under 18 U.S.C. § 3006A(d) for representation in any case shall be made available to the public upon the court’s approval of the payment. 18 U.S.C. § 3006A(d)(4), as amended by Pub. L. No. 105-119, §§ 308, 111 Stat. 2440, 2493––94 (Nov. 26, 1997) (see Appendix).

Attorneys appointed under the CJA who require further assistance in complying with Criminal Justice Act procedures should contact the Clerk’s office, at 772-3000.