INSTRUCTIONS FOR CJA FORM
DEATH PENALTY PROCEEDINGS
APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL
The CJA Form
30 should be used for all death eligible cases, regardless of whether
the death penalty is authorized, not-authorized, or de-authorized.
Read these instructions
carefully before completing the form. Accuracy and thoroughness
will aid in the prompt payment of the claim. If possible, use
a typewriter to complete the form; otherwise, write legibly with a
ball point pen (preferably black or dark blue ink). If the form is
generated from the automated system, Items 1-11 and 13 will be preprinted
on the form. Attach an itemized statement of the services provided
and expenses incurred. Give the date and the number of hours claimed
for each service provided. Provide dates for, a description of, and
the purpose for any expenses incurred. For additional guidance, refer
to the Guidelines for the Administration of the Criminal Justice
Act and Related Statutes (CJA Guidelines), Volume VII, Guide
to Judiciary Policies and Procedures, which is available for reference
in the Clerk's Office.
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 (as amended), codified
in part at 18 U.S.C. §3006A (CJA) and subsection (q)(9) and (10)(B)
of the Anti Drug Abuse Act, 21 U.S.C. § 848. Prior authorization
from the presiding judicial officer is required for all such services
where the cost, excluding reimbursable out-of-pocket expenses, will
exceed $300. Failure to obtain prior authorization will result in
the disallowance of any amount claimed unless the presiding judicial
officer, in the interest of justice, finds that timely procurement
of necessary services could not await prior authorization. Payment
for these services should be claimed directly by the service provider
on the CJA Form 31.
be submitted no later than 45 days after the final disposition of the
case, unless good cause is shown (paragraph 2.21A, cja guidelines).
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
(paragraph 2.32, cja guidelines). any overpayments are subject
to collection, including deduction of amounts due from future vouchers.
CODE: This four-character location code is the circuit
or district, and divisional office codes for the court where
the proceedings whom the person represented are held.
REPRESENTED: Give the full name of the person whom you
were appointed to represent.
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 in the indictment
or charging document. Thus, 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 the supporting documentation, cross reference
the voucher number of all related claims for which costs are
CASE/MATTER OF (CASE NAME): In criminal cases, enter U.S.
vs. Defendant's Name. If it is a multiple defendant case,
give the case cite as provided on the indictment (e.g., U.S.
vs. Lead Defendant's Name, et al). If this is a habeas
corpus proceeding, enter the Name of the Petitioner vs.
the Name of the Respondent and include the respondent's
PERSON REPRESENTED: Check the box that defines the legal
status of the person represented.
TYPE: Check one of the following types of representations:
Habeas corpus (capital) petition pursuant to 28 U.S.C. §
2254, seeking to vacate or set aside a state death sentence
D2 Federal capital prosecution, either trial or direct appeal;
D3 Habeas corpus (capital) petition pursuant to 28 U.S.C.
§ 2255 seeking to vacate or set aside a federal death
sentence and appeals; or
D4 Death penalty prosecution in federal court under a state
statute or any authority other than the United States Code,
CHARGED: If the case is a capital prosecution in federal
court, cite the U. S. Code, title and section, or other code
citation of all charges up to five. List all death-eligible
charges first. If the case is a direct appeal of a federal
prosecution, list all offenses for which the defendant was
NAME AND MAILING ADDRESS AND NAME AND MAILING ADDRESS OF LAW
FIRM: Complete Item 11 with the legal name and address
of the attorney appointed to represent the person whose name
is shown in Item 2. If prior to your appointment for representation,
you 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 13.
This information will allow earnings to be reported to the
Internal Revenue (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 Taxpayer Identification Number (TIN)
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.)
ORDER: Check the box that describes the type of counsel
appointed. If appointed as a substitute counsel, give the
name of the previous counsel and the appointment date. If
appointed as a "Standby Counsel," attach the court order establishing
this type of appointment in accordance with paragraph 2.17
of the CJA Guidelines. Specific qualifications are
required for all counsel appointed to provide representation
in death penalty cases. See 21 U.S.C. § 848 (q)(5)- (7)
and 18 U.S.C. § 3005. The remaining portion of the Item
will be completed by the clerk of court or other court-designated
If the court approves interim payments
because of the conditions stated in Box "D," the court should
check this box. The presiding judicial officer or clerk
of court must sign and date this court order to validate
the appointment. Check statement "E," if full or partial
repayment was ordered by the court from the person represented
at the time of the appointment. If services were provided
prior to court appointment, the presiding judicial officer
can ratify the previous service by indicating a "nunc pro
tunc" date that covers the services prior to appointment.
No other court order is necessary.
OF PROCEEDING: Check the box that corresponds to the stage
of proceeding for services claimed in Item 15 even if it is
anticipated that the work will be used in connection with
a later stage of the proceeding. CHECK ONLY ONE BOX. Submit
a separate voucher for each stage of proceeding. NOTE:
The stage noted as "Other" under "Other Proceeding" should
be used only for a petition for presidential pardon or clemency,
or other proceeding that cannot fit within the other described
FOR SERVICES--CATEGORIES FOR HOURS AND COMPENSATION: On
the applicable lines "a" through "j" enter the actual time
spent in hours and tenths of hours. Total the number of hours
in out-of-court categories "b" - "j" and enter the total in
the "HOURS CLAIMED" column where required. Multiply the total
hours for in-court and out-of-court time by the allowable
compensation rate. Enter the amount claimed in the "TOTAL
AMOUNT CLAIMED" column for category "a", and for categories
"b" - "j." NOTE: Indicate "Other Dispositive Motions"
only for work related to a motion to dismiss, motion for summary
judgment, or similar motion to end the entire habeas corpus
proceeding. If services included in-court hearings of one
hour each on separate dates, enter two hours on the form and
attach a sheet indicating one hour for each of the two dates.
Any mathematical or technical adjustments
to your claim during the judicial approval process or an
additional review will be indicated in the columns provided
on the form under the heading "FOR COURT USE ONLY."
EXPENSES: Travel related expenses that are incidental
to the representation (e.g., transportation, lodging, meals,
car rental, parking, bridge, road and tunnel tolls, etc.)
must be itemized on a separate sheet, indicating dates the
expense was incurred. Attach supporting documentation (receipts,
canceled checks, etc.) 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 advise you on
applicable rates and federal government travel regulations.
EXPENSES: Itemize all reimbursable out-of-pocket expenses
incidental to the representation. Provide dates and a brief
description of the expense. Submit supporting documentation
(a receipt, canceled check, etc.) for single item expenses
in excess of $50. Reimbursable expenses may include, in some
circumstances, payments to a law student or law clerks for
research and assistance, and the cost of computer assisted
legal research (CALR) when conducted by counsel. See paragraph
2.31 and 3.15 of the CJA Guidelines for an explanation.
Fees and expenses for expert attorney and other consultants
in death penalty cases should be authorized and claimed on
a CJA Form 31. The following are not reimbursable expenses,
and should not be claimed:
General office overhead, such as rent, telephone services,
and secretarial services.
Enter the "Grand Total" where required by adding the total
amount claimed for "in-court," "categories b - j," "Travel
Expenses," and "Other Expenses."
2. Expenses for items of a personal nature
for the client (e.g., clothes, haircuts).
3. The cost of printing briefs. However,
the cost of photocopying or similar copying service is
4. Fact witness fees, witness travel
costs, and expenses for service of subpoenas. These expenses
are not paid out of the CJA appropriation, but instead
are paid by the Department of Justice pursuant to Fed.
R. Crim. P. 17 and 28 U.S.C. § 1825. Contact the
United States Marshal for payment procedures. See paragraph
3.13 of the CJA Guidelines for guidance on payment
of witness fees generally.
5. Filing fees. These fees are waived
for persons proceeding under the CJA.
6. The cost of allowable investigative,
expert, or other services. (See Chapters III and VI of
the CJA Guidelines) such services should be requested
using a CJA Form 31.
7. Compensation taxes. Taxes paid on
attorney compensation, whether based on income, sale,
or gross receipts, are not reimbursable expenses.
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.
TERMINATION DATE, IF OTHER THAN CASE COMPLETION: If the
appointment is discontinued by order of the court (i.e., substituted
counsel or reasons other than disposition of the defendant's
case such as fugitive defendant, appointment of a public defender,
or retention of counsel by defendant), give the effective
date for termination of appointment.
DISPOSITION: Indicate case disposition for the person
represented. Select applicable code from the table below.
Court Criminal and Other Proceedings
by court, or government motion for judgment of acquittal
(PTD matters, other reps. Transfers ,etc)
in Part/Affirmed in Part
in Part/Reversed in Part
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 payment number. Complete the remaining
portion of Item 21, and sign and date the affirmation statement
before submitting the claim for court approval.
FOR PAYMENT--COURT USE ONLY: The presiding judicial officer
will indicate the amount approved for each major category.
These amounts will reflect mathematical or technical adjustments
to your claim. The total amount approved for payment of the
claim, less any amounts withheld for interim payment, is reflected
in the "TOTAL AMOUNT APPROVED." The "SIGNATURE OF
THE PRESIDING JUDICIAL OFFICER" is required to effect
payment of the claim. The JUDGE CODE will be provided
by the court staff.