Desk Reference for Panel Attorneys A Guide to Voucher Preparation

Dedicated to providing effective, quality legal representation. Desk Reference for Panel Attorneys A Guide to Voucher Preparation Published by: THOMAS P. McNAMARA Federal Public Defender Edited by: DONNA A. STILES Panel Administrator (919) 857-9085 150 Fayetteville Street Mall Raleigh, North Carolina 27601 (919) 856-4236 Updated: April 10, 2013

Desk Reference For Panel Attorneys A Guide to Voucher Preparation (Revised April 10, 2013)

Table of Contents Chapter I General Information........................................... I-1 A. Purpose............................................... I-1 B. When is a voucher required?............................... I-1 C. Origination of a Voucher.................................. I-1 D. Submission of Vouchers for Payment........................ I-1 E. Statutory Fee Limits...................................... I-2 F. Review Process......................................... I-3 G. Proration of Claims...................................... I-3 H. Substitution of Counsel................................... I-3 I. Interim Vouchers........................................ I-3 J. Supplemental Vouchers................................... I-4 K. Resolving Scheduling Conflicts............................. I-4 L. Questions on Preparation of Vouchers/Attachments............. I-4 M. In-Court and Out-of-Court Hourly Rates...................... I-4 Chapter II CJA Form 20................................................ II-1 A. Date of Order/Nunc Pro Tunc Date (Block 13)................. II-1 B. Personal Appointment.................................... II-1 C. Claims for Services - General Information..................... II-1 1. In-Court Time (Lines 15a-h).......................... II-2 i

2. Out-of-Court Time (Lines 16a - e)..................... II-2 a. Change of Rate Worksheet..................... II-3 3. Expenses (Blocks 17 and 18)......................... II-3 a. Travel Expenses (Block 17)..................... II-3 b. Other Expenses (Block 18)..................... II-4 c. Non-Reimbursable Expenses................... II-5 4. Grand Total Claimed............................... II-6 5. Certification of Attorney/Payee (Block 19)............... II-6 6. Appointment Termination Date (Block 20)............... II-6 7. Case Disposition (Block 21).......................... II-6 8. Claim Status (Block 22)............................. II-6 Chapter III CJA Form 21............................................... III-1 Chapter IV CJA Form 24............................................... IV-1 Chapter V Chapter VI CJA Forms 30 and 31......................................... V-1 Fact Witness Information...................................... VI-1 Chapter VII Chapter VIII Disclosure Requirements...................................... VII-1 Appeals.................................................. VIII-1 ii

Appendix CJA 20 Appointment of and Authority to Pay Court Appointed Counsel........ A-1 CJA 20 Instruction Sheet........................................... A-2 In-Court Hourly Worksheet.......................................... A-3 Out-of-Court Hourly Worksheet...................................... A-4 Expense Worksheet............................................... A-5 CJA 21 Authorization and Voucher For Expert and Other Services........... A-6 CJA 21 Instruction Sheet........................................... A-7 CJA 24 Authorization and Voucher For Payment of Transcript............... A-8 CJA 24 Instruction Sheet........................................... A-9 CJA 25 Notice to CJA Panel Attorneys Regarding Availability of Investigative, Expert and Other Services...................... A-10 Notice to Court Appointed Counsel of Public Disclosure of Attorney Fee Information.................................................. A-11 Notice to Fact Witness Subpoenaed on Behalf of Indigent Defendant - Panel Attorney......................................... A-12 Guidelines for Resolving Scheduling Conflicts.......................... A-13 Justification Letters in Cases Exceeding the Statutory Maximum............ A-14 CJA 26 Supplemental Information Statement for a Compensation Claim in Excess of the Statutory Case Compensation Maximum: District Court.............................................. A-15 CJA 26 Guidance to Attorneys in Drafting the Memorandum Required For a Compensation Claim in Excess of the Case Compensation Maximum: District Court..................................... A-16 Worksheet for Work that Spans the Rate Increase....................... A-17 iii

Chapter I GENERAL INFORMATION A. Purpose The purpose of this manual is to provide guidance and instruction for obtaining and completing CJA 20, CJA 21 and CJA 24 forms for payment of fees and reimbursement of expenses incurred in the representation of clients in federal court in the Eastern District of North Carolina. B. When is a voucher required? When to submit a voucher is sometimes confusing. The following are examples of when a voucher is required. Each of the following are separate cases and require separate vouchers, even though they may have the same docket number and the same defendant: 1. A bank robbery. 2. A Rule 35 for that same bank robbery. 3. A violation of supervised release for that same defendant. 4. An appeal of any motion in that bank robbery. 5. The appeal of the conviction/sentence through filing of the certiorari petition in that bank robbery. 1 6. A witness/grand jury witness representation for your client. 7. Any proceedings on remand. 8. An Evidentiary Hearing for the defendant. 9. A Crack Retroactivity Issue for the defendant. C. Origination of a Voucher Once you have accepted assignment of a case, we complete all applicable items in Blocks 1-14 of the CJA Form 20, then forward the voucher to the Clerk of Court for signature. After the Clerk signs the voucher, it is sent to you, where it remains until the completion of your representation of the client. You will receive confirmation from this office, along with all available case-related documents. You will receive a copy of these documents by mail, but, we may also send certain documents to you by facsimile especially when there is a hearing scheduled soon. D. Submission of Vouchers for Payment Vouchers should be completed and submitted within 45 days after the case is disposed of at the district court level, or representation concludes for any other reason. Submit vouchers for payment to: 1 See Chapter VIII for specific information regarding Appeals. I-1

Office of the Federal Public Defender ATTN: Donna A. Stiles, Panel Administrator 150 Fayetteville Street, Suite 450 Raleigh, NC 27601 In accordance with the Guide to Judiciary Policies and Procedures Appointment of Counsel vouchers not submitted within 45 days after the final disposition of the case may not be processed unless good cause is shown. Final disposition in a felony case refers to either acquittal or sentencing (time spent preparing and filing of a Notice of Appeal can be included here as well). Claims that are submitted outside the 45-day period should include a separate statement outlining the reasons for the delay. The following attachments must accompany each CJA Form 20 submitted for payment: the In-Court, Out-of-Court, and Expense worksheets together with any necessary supporting documentation, and a letter of explanation, if required. E. Statutory Fee Limits A letter of explanation should be submitted along with the voucher if the amount of attorney fees being claimed, (In-Court time plus Out-of-Court time only) exceeds the statutory limits set forth in Title 18, United States Code, Section 3006A, as follows: Felony $ 9,700 Misdemeanor $ 2,800 All other representations $ 2,100 This letter should address the reasons why the case was either complex or extended, or both. If the legal or factual issues in a case are unusual, thus requiring the expenditure of more time, skill and effort than would normally be required in an average case, the case could be considered complex. If more time is reasonably required for total processing than the average case due to a lengthy trial, including pretrial and post-trial hearings, the case could be considered extended. See A-14, A-15 and A-16 for specific information regarding the requirements for a letter of explanation in extended and/or complex cases in order to provide fair compensation. Please note that all correspondence in connection with the voucher should come to this office and should not be sent directly to either the judge or clerk. Sending either an original letter, or a copy of your letter, to the judge or clerk serves only to create confusion and delay. All of the paperwork is kept at this office until it is complete. At that time, it will be forwarded to the judge. After we process your voucher, we will forward it together with all supporting documentation and correspondence to the judge. I-2

F. Review Process Upon submission to our office, the claim is audited for mathematical errors, non-reimbursable expenses, completeness of attachments, and eligibility. Further, the Federal Public Defender will review each voucher for the reasonableness of the claim and will make appropriate recommendations regarding compensation to the Court. When all these matters have been addressed, a cover memo is then prepared and the claim is submitted to the District Judge or Magistrate Judge assigned to the case. The final award determination is made by the Court and the claim is forwarded to the Clerk s Office for payment. If the approved claim is over the statutory limit, it must be sent to the Chief Judge of the Fourth Circuit for final approval, prior to submission for payment. G. Proration of Claim When a defendant is charged in one indictment with severable counts, one voucher should be submitted, whether or not the counts are severed for trial. When a defendant is charged in two or more indictments, a separate voucher should be submitted for each indictment, whether or not the indictments are consolidated for trial. Whenever appointed counsel submits separate vouchers, time spent in common on more than one indictment or case must be prorated among the indictments or cases; and each indictment or case must be cross-referenced on the vouchers. Time spent exclusively on any one indictment or case may properly be charged on the voucher for that indictment or case. If at all possible, crossreferenced vouchers should be submitted together. H. Substitution of Counsel When an attorney believes a substitution of counsel is needed, he or she must bring the problem to the attention of the Court and seek substitution. We cannot effectuate a substitution without an order signed by the Court. Even in cases where substitute counsel is appointed, the statutory fee limits apply per case, not per attorney. Therefore, in cases that involve extended or complex representation, all attorneys vouchers should be submitted to the Judge for approval at the same time to help ensure proper apportionment between counsel. We will hold vouchers submitted by the first attorney until the voucher from the substitute attorney is received absent specific need. I. Interim Vouchers To classify a payment as interim, the court must be petitioned, and a decision rendered. Generally, interim payments are allowed only to help relieve financial hardships in extended and complex cases. I-3

J. Supplemental Vouchers Occasionally, additional work is done on a case for which appointed counsel has already been compensated. In this situation, it is the appointed counsel s responsibility to request a supplemental CJA voucher from the Federal Public Defender s Office. A statement which outlines the reasons for which additional time was expended or expenses incurred as a result of the appointment is required to be submitted with the voucher. If the supplemental voucher causes the total fee compensation (for In-Court and Out-of-Court fees) to exceed the statutory maximum for the specific representation, a letter will be required. See A-14, A-15 and A-16 for guidance. K. Resolving Scheduling Conflicts Included in the Appendix is a copy of the Guidelines for Resolving Scheduling Conflicts [A-13], adopted by the State-Federal Judicial Counsel of North Carolina on June 20, 1985. If you have further questions in this regard, please feel free to contact the Federal Public Defender or First Assistant Federal Public Defender for guidance. L. Questions on Preparation of Vouchers/Attachments In addition to the instructions and information provided herein, we have included in the Appendix copies of the instruction sheets for the CJA 20, CJA 21 and CJA 24 forms. Should you have further questions or require further explanation, please call the Panel Administrator, Donna Stiles, at (919) 857-9085. M. In-Court and Out-of Court Hourly Rates In-Court Hourly Rates Out-of-Court Hourly Rates 5/1/02 to 12/31/05 $90.00 $90.00 1/1/06 to 5/19/07 $92.00 $92.00 5/20/07 to 12/31/07 $94.00 $94.00 1/1/08 to 12/31/09 $100.00 $100.00 1/1/10 to date $125.00 $125.00 I-4

Chapter II CJA FORM 20 Following are instructions for completing specific portions of the CJA Form 20, Appointment of and Authority to Pay Court Appointed Counsel. Included in the Appendix hereto are copies of the CJA 20 Form [A-1] and Instruction Sheet [A-2]. Please note that these instructions pertain only to claims filed as a result of representation at the federal district court level. We will complete Blocks 1-14 for you, with the following exception: a voucher may only have the Magistrate docket number (i.e. a consultation or target letter) when it is initially assigned. In misdemeanor offenses, this will not change. However, if the case proceeds to indictment or is assigned a criminal docket number after the initial referral, please fill in both the district court docket number, with the judge s initials, in Block 4, and the first U.S.C. citation from the Criminal Complaint or Count One of the Indictment (i.e. 21:846), in Block 11. A. Date of Order/Nunc Pro Tunc Date (Block 13) The date the court ordered appointment of counsel for the defendant is entered for you on the Date of Order line. This is the official date you can begin claiming time for the case. If there is a delay of some kind in the issuance of a voucher, or in the case of Rule 35 proceedings, the actual date from which you can claim time will be entered on the Nunc Pro Tunc line. If you feel that you have a legitimate claim for time and/or expenses incurred before the date(s) entered in Block 13, please write a letter of explanation and submit it, along with the original voucher and supporting documentation, to this office If you are making a motion to the Court to be appointed in a case, you may request the appointment to be Nunc Pro Tunc. If the judge grants your motion, a letter of explanation will not be necessary. However, a copy of the Order should be provided. B. Personal Appointment CJA appointments are made to a specific attorney. Therefore, representation of the client is solely the responsibility of the appointed attorney, regardless of the attorney s association with a firm. However, payment to the firm, on behalf of the appointed attorney, can be arranged as noted below. C. Claim for Services - General Information All attorney time must be reported in tenths of hours. Each tenth hour is equal to six (6) minutes. Time should be recorded as.1,.2,.3, etc. Your math may II-1

be rounded up to the nearest tenth. It is important to note that although we can adjust minor errors, we reserve the right to return any voucher that is not submitted in tenth of hours. You must attach a separate, itemized worksheet for In-Court hours, Out-of- Court hours, and Expenses. Copies of these worksheets are included in the Appendix at A-3, A-4 and A-5. These sheets list the dates on which services were performed, a brief description of the type of service, and the amount of time expended. You may use the worksheets provided by us, or similar ones produced by your office, as long as the categories are the same and in the same order. 1. In-Court Time (Lines 15a-h) In-Court time directly related to the district court case should be claimed in this portion of the form. In-Court time is when your presence at the courthouse is required. Time spent waiting for your case to be called, after the time set on the calendar, can be considered In-Court time. However, the time spent waiting due to your early arrival at the courthouse is not considered In-Court time. Transfer the grand totals from the In-Court Worksheet to the appropriate lines on the voucher. Add them together and multiply the total hours by the current In- Court hourly rate and indicate the total claimed for In-Court compensation. 2. Out-of-Court Time (Lines 16a-e) Out-of-Court time expended on a case should be claimed in this portion of the form. The period for which time may be claimed includes the interval between and including the date of the appointment (indicated in Block 13) and the conclusion of the district court case. You may not claim time spent preparing the voucher. Please be careful to break activities into the proper categories, especially if these activities were completed on the same day. For example, if you spoke with your client for.2 hours, the AUSA for.2 hours, and spent.4 hours writing a letter to the defendant, your Out-of-Court Worksheet should show.4 hours under Interviews and Conferences (for the telephone calls), and.4 under Investigative and Other Work (for the letter writing time). (See Example 2-1.) If you do not properly break down your time, it may result in an inordinate amount of time showing in one category which could result in a reduction of your voucher. Date Brief Description Int & Conf Obtaining & Reviewing Records Research & Writing Travel Time Inv & Other 10/07/xx Telephone call w/client; Telephone call w/ausa; Letter to client.4.4 Example 2-1 II-2

If you feel that a case had unusual circumstances, even if the total fees do not exceed the statutory limits, it is advisable that you submit a letter of explanation along with your voucher. Remember that all correspondence to the court concerning a voucher, must be sent to this office along with the voucher. We will forward your voucher together with any attachments to the court for final processing. Out-of-Court Worksheet entries involving time spent traveling should indicate the date of travel, all cities traveled between and the number of hours for the round trip. If the round trip encompassed two days you may wish to break it down and show two separate one-way entries. Mileage should be recorded on the Expense Worksheet, as discussed below. Transfer the grand totals from the Out-of-Court Worksheet to the appropriate lines on the voucher. Add them together and multiply the total hours by current Outof-Court hourly rate and indicate the total claimed for Out-of-Court compensation. a. Change of Rate Worksheet When the hourly fee rate changes, we will provide you with a Worksheet to use when your time spans more than one hourly rate period. See A-17. The totals from this worksheet should be entered on the green CJA 20 voucher. 3. Expenses (Blocks 17 and 18) Itemizations of expenses on the appropriate worksheet should be accompanied by any receipts obtained for the expenses incurred. Expenses are either reimbursable (travel expenses and other expenses) or non-reimbursable. These categories are fully explained below. Reimbursable expenses should be itemized on the Expense Worksheet and category totals entered onto the voucher in Blocks 17 and 18. a. Travel Expenses Block 17 The total of all Travel Expenses should be entered in Block 17. Travel expenses include mileage, parking, meals, lodging, car rental, etc. Travel by personal automobile is reimbursable at the following rates: Travel 1/1/11 to 4/16/12 Travel 4/17/12 to 12/31/12 Travel 1/1/13 to date $. 51 per mile $.555 per mile $.565 per mile Travel entries on the Expense Worksheet should indicate all cities traveled between and the total number of miles. For example: Greenville-Elizabeth City- Greenville 198 miles x $.51 = $100.98. Although you will enter your travel time and list the cities you travel between on the Out-of-Court Worksheet (see above), you II-3

are also required to indicate the cities traveled between, along with the mileage, on the Expense Worksheet. Only the actual cost of your lodging is reimbursable. Video rentals, alcoholic beverages, and other sundries are not reimbursable. Please check your receipts carefully. Even when meals are taken at the hotel, and show up on one receipt with the room charge, they should be entered in separate categories on the Expense Worksheet. b. Other Expenses - Block 18 The total of all Other Expenses should be entered in Block 18. i ii iii Long distance phone charges. Calls must be itemized on Other Expenses Worksheet by date, person called, and amount. We will not accept one single entry for all calls during a case. All photocopy charges incurred outside of your office are required to have a receipt. All photocopies made in your office should be claimed at the reasonable standard rate of billing for copies used by your office. An indication of the number of copies made and the cost per copy is required. (Example: 15 pages @ $.10 per page = $1.50.) Expenses related to computer assisted legal research (LEXIS, WESTLAW) will be reimbursed only if they meet the following requirements: (a) (b) (c) a brief statement on the issue or issues that were the subject matter of the research; an estimate of the number of hours of attorney time that would have been required to do the research manually; and a copy of the bill and receipt for the use of equipment or an explanation of the precise basis of the charge (e.g., indicating the extent to which it was derived by proration of monthly charges, or by charges identifiable to the specific research). iv Payment for law clerks and/or paralegals who assist appointed counsel in legal research in preparation of the case are NOT allowable reimbursements. However, they can be paid directly for their services by using a CJA 21 Voucher. (See Chapter III). II-4

v Any postage or express mail expenses are allowable. Include receipts for any unusual mailings or for delivery services. c. Non-Reimbursable Expenses The following are not reimbursable expenses and should not be included on the CJA 20: i ii iii iv v General Office Overhead. This includes expenses which would normally be reflected in the fee charged to the client. Expenses such as personnel costs, rent, telephone services, internet connection/services, and secretarial help (whether regularly or specially employed, performing normal, overtime, or supplemental work, and even if counsel has no regularly employed secretary) are not reimbursable. Items and Services of Personal Nature. The cost of items of a personal nature purchased for or on behalf of the client, such as new clothing, haircuts, cigarettes, candy or meals, etc. is not reimbursable. Filing Fees. Attorneys should not be required to pay a filing fee in a CJA case inasmuch as such payment and reimbursement thereof is tantamount to the government billing itself to accomplish a transfer of appropriate funds into the General Fund of the Treasury. If a filing fee is paid by an attorney who is subsequently appointed in the case, he or she should petition the district court for a refund of that fee. Printing of briefs is not reimbursable; however, the cost of photocopying briefs is reimbursable. Service of Process. Witness fees, travel costs and expenses for service of subpoenas on fact witnesses, are not payable out of the CJA appropriation but are governed by Rule 17, Federal Rules of Criminal Procedure and Title 28, United States Code, Section 1825. The U.S. Marshals will serve subpoenas free of charge for appointed counsel if you obtain an order from the Judge or Magistrate. If you hire your own investigator, they can be paid out of the CJA funds for serving subpoenas only if they also interview the person served at the time of service (see 6. below). vi Cost of investigative and expert services are allowable under Title 18, United States Code, Section 3006A(3). The organization or person providing the service should file a claim on a CJA Form 21. If the cost of this service exceeds $800 (with a statutory limit of $2,400.00), prior approval must be obtained from the Court, and the resulting order II-5

attached to the CJA 21. CJA 21 forms may be obtained from our website. See Chapter III herein regarding CJA 21. vii viii Transcripts. Generally, court reporters or reporting services which furnish court authorized transcripts in CJA cases claim and receive compensation for their services on the CJA Form 24. This form is available on the Clerk s Office website and will be filed online. Depositions. The cost of transcribing depositions in criminal cases is the responsibility of the Department of Justice pursuant to Rule 17, Federal Rules of Criminal Procedure (but when the witness is an expert, then the Administrative Office of the U.S. Courts will pay out of CJA funds.) Contact the District Court Clerk s Office for information regarding expert witness depositions. 4. Grand Total Claimed Add Blocks 15 (Total In-Court Compensation), 16 (Total Out-of-Court Compensation), 17 (Total Travel Expense) and 18 (Total Other Expense), and enter the total in the Grand Total Claimed box. 5. Certification of Attorney/Payee (Block 19) Indicate the dates between which services were performed by appointed counsel. 6. Appointment Termination Date IF Other Than Case Completion - (Block 20) If your representation ends for a reason other than the completion of a case (e.g. the client retains counsel or you find you have a conflict and must withdraw) enter the date of the terminating event in Block 20. 7. Case Disposition (Block 21) Enter the case disposition code. A chart of these codes can be found on page 6 of the CJA 20 Instructions in the Appendix at A-2. 8. Claim Status (Block 22) Check the applicable claim status box in Block 22. Answer the questions and SIGN and DATE the voucher. Blocks 23 through 34a should be left blank as they are for the Court s use. II-6

Please retain a copy of the green CJA 20 for your records and forward the completed form along with the worksheets and supporting documentation to: Office of the Federal Public Defender ATTN: Donna A. Stiles, Panel Administrator 150 Fayetteville Street, Suite 450 Raleigh, NC 27601 II-7

Chapter III CJA FORM 21 Following are instructions for completing the CJA Form 21, Authorization and Voucher for Expert and Other Services. If you use an expert in your defense, such as an investigator, interpreter, ballistics expert and so forth, each must be submitted on a separate CJA 21 voucher. These forms are available on our website. Included in the Appendix hereto are sample copies of the CJA 21 Form [A-6], Instruction Sheet [A-7] and CJA 25, Notice to CJA Panel Attorneys Regarding Availability of Investigative, Expert and Other Services [A-10]. Payment for services rendered by an expert or other service will be made directly to the individual or company rendering the service. You should not pay these charges and then claim reimbursement for them on a CJA 20. Like a CJA 20, expert services are cumulative and generally will be submitted at the end of the case. For all CJA 21 vouchers, Blocks 1-11 will be completed for you. You will need to complete Blocks 12-14, 16 and 18. The expert should provide a statement or invoice that shows a breakdown of their time and expenses (including receipts or additional documentation) which will be attached to the voucher when submitted. The fee, expense, and grand totals from the statement or invoice should be transferred to the CJA 21 voucher in Blocks 16a, 16b, and 16c. The expert must complete and sign the form in Block 17. use: Please note that the following fee limitations are imposed for each expert you No prior authorization is required for expert vouchers up to $800.00 (exclusive of reasonable expenses). Expert vouchers over $800.01 and up to $2,400.00 (exclusive of reasonable expenses) require prior approval from the judge. Upon your ex parte motion for excess expense, the judge may either enter a separate order (which must be attached to the voucher) or sign the voucher directly in Block 15. A motion for an expert fee in excess of $2,400.00 (exclusive of reasonable expenses) will, even if approved by the district judge, still require the approval of the Chief Judge of the Fourth Circuit Court of Appeals. Submit CJA 21 vouchers, with supporting documentation, for payment to: Office of the Federal Public Defender ATTN: Donna A. Stiles, Panel Administrator 150 Fayetteville Street, Suite 450 Raleigh, NC 27601 III-1

Chapter IV CJA FORM 24 CJA 24 Forms must be obtained and filed on the Clerk s Office website. You must complete Blocks 12-15 and contact the Court Reporter directly. Included in the Appendix are sample copies of a sample CJA 24, Authorization and Voucher for Payment of Transcript [A-8], and the Instruction Sheet [A-9]. Completed CJA 24 forms should be filed through CM/ECF. Any other questions relating to the obtaining of transcripts should also be directed to the Clerk s Office at (919) 645-1700. IV-1

Chapter V CJA 30 and CJA 31 Forms CJA Form 30, Death Penalty Proceedings: Appointment and Authority to Pay Court Appointed Counsel, and CJA Form 31, Death Penalty Proceedings: Authorization and Voucher for Expert and Other Services are available as necessary and will be provided when a case is certified as a death penalty eligible case. With death penalty cases, be sure to follow the judge s specific instructions regarding submitting vouchers for auditing purposes. Judges set up plans on a case-by-case basis. V-1

Chapter VI FACT WITNESSES Included in the Appendix is a Notice to Fact Witness Subpoenaed on Behalf of Indigent Defendant - Panel Attorney [A-12]. This notice must be provided to each fact witness you subpoena. Fact witnesses are paid for their time and necessary expenses by the U.S. Marshals Service. The form necessary to effectuate payment of a fact witness (Fact Witness Voucher [OBD-3]) is available from the U.S. Marshals Service. Any questions regarding the information necessary to complete this form should be directed to either: OR Paddi Rollins, Senior Paralegal in our office. Paddi has extensive knowledge about fact witness procedures. You are encouraged to contact her at (919) 857-9067 with any questions in this regard. The U.S. Marshals Service at (919) 856-4153. VI-1

Chapter VII DISCLOSURE REQUIREMENTS Fiscal Year 1998 Judiciary Appropriations Act, Public Law 105-119, adds new disclosure requirements regarding CJA panel attorney fee information for cases filed on or after January 25, 1998. Under the new law, codified at 18 U.S.C. 3006A(d)(4), the court must make a copy of a voucher, either redacted or unredacted, available to the public upon judicial approval of a payment claim. The law also requires that attorneys be given reasonable notice prior to disclosure, in order to allow them to request redaction of information to protect the interests of their clients. The Notice to Court Appointed Counsel of Public Disclosure of Attorney Fee Information is included in the Appendix at A-11, and is considered notice. The disclosure law applies only to the voucher form and not to any supporting information attached to the voucher. Therefore, the supporting information and any attachments to the voucher do not have to be made available to the public, even when unredacted copies of the voucher forms are released. VII-1

Chapter VIII APPEALS If you have been appointed in a case in district court and the client wants to appeal, you must file a notice of appeal. The notice of appeal is filed in district court. If you have a conflict of interest or do not want to do the appeal, you must file a motion to withdraw in the Court of Appeals for the Fourth Circuit after you have filed the notice of appeal. Once the notice of appeal is filed, the district court has no jurisdiction to determine which attorney will handle the appeal. If you handle the appeal, you must obtain a new appointment voucher for the appeal. To obtain the appointment voucher, contact: Patricia S. Connor, Clerk of Court United States Court of Appeals for the Fourth Circuit United States Courthouse Annex, Room 501 1100 East Main Street Richmond, VA 23219 Telephone: (804) 916-2700 VIII-1

Appendix A-1 CJA 20 - Appointment of and Authority to Pay Court Appointed Counsel A-2 CJA 20 - Instruction Sheet A-3 In-Court Hourly Worksheet A-4 Out-of-Court Hourly Worksheet A-5 Expense Worksheet A-6 CJA 21 - Authorization and Voucher For Expert and Other Services A-7 CJA 21 - Instruction Sheet A-8 CJA 24 - Authorization and Voucher For Payment of Transcript A-9 CJA 24 - Instruction Sheet A-10 CJA 25 - Notice to CJA Panel Attorneys Regarding Availability of Investigative, Expert and Other Services A-11 Notice to Court Appointed Counsel of Public Disclosure of Attorney Fee Information A-12 Notice to Fact Witness Subpoenaed on Behalf of Indigent Defendant - Panel Attorney A-13 Guidelines for Resolving Scheduling Conflicts A-14 Justification Letters in Cases Exceeding the Statutory Maximum A-15 CJA 26 Supplemental Information Statement for a Compensation Claim in Excess of the Statutory Case Compensation Maximum: District Court A-16 CJA 26 Guidance to Attorneys in Drafting the Memorandum Required For a Compensation Claim in Excess of the Case Compensation Maximum: District Court A-17 Worksheet for Work that Spans the Rate Increase