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CJA Compensation Maximums

Instructions to Determine the Appropriate Case Compensation Maximums for Panel Attorneys

 

Current Attorney Case Compensation Maximums
If the case is a... the case maximum is...
(a) Felony (except federal capital prosecutions)  $10,900 for trial court level
$7,800 for appeal 
(b) Misdemeanors (including petty offenses (class B or C misdemeanors or infractions) as set forth in )
18 U.S.C. § 3006A(a)(2)(A))) (link is external)
$3,100 for trial court level
$7,800 for appeal 
(c) Proceedings under 18 U.S.C. § 4106A (link is external) (in connection with paroled prisoners transferred to the United States)  $2,300 for representation before the U.S. Parole Commission
$7,800 for appeal 
(d) Proceedings under 18 U.S.C. § 4107 (link is external) or § 4108 (link is external) (for counsel and guardians ad litem providing services in connection with prisoner transfer proceedings).
Note: For information on appointment of counsel or guardians ad litem under 18 U.S.C. § 4109 (link is external), see: Guide, Vol 7B (International Prisoner Transfer Proceedings)
$3,100 for each consent verification proceeding 
(e) Pre-Trial Diversion  $10,900 if offense alleged by the U.S. attorney is a felony
$3,100 if offense alleged by the U.S. attorney is a misdemeanor 
(f) Proceedings under 18 U.S.C. § 983 (link is external) (for services provided by counsel appointed under 18 U.S.C. § 983(b)(1) (link is external) in connection with certain judicial civil forfeiture proceedings)  $10,900 for trial court level
$7,800 for appeal 
(g) Non-Capital Post-Conviction Proceedings under 28 U.S.C. § 2241 (link is external), § 2254 (link is external) or § 2255 (link is external) $10,900 for trial court level
$7,800 for appeal 
(h) Proceedings to Protect Federal Jurors Employment under 28 U.S.C. § 1875 (link is external) $10,900 for trial court level
$7,800 for appeal 
(i) Other Representations Required or Authorized by the CJA 

 

$2,300 for trial court level
$2,300 for each level of appeal 
Note: This category includes but is not limited to the following representations:

 

(1) probation violation;

(2) supervised release hearing (for persons charged with a violation of supervised release or facing modification, reduction, or enlargement of a condition or extension or revocation of a term of supervised release);

(3) parole proceedings under 18 U.S.C. chapter 311 (repealed) (link is external) (but see: note at Guide, Vol 7A, § 210.20.10(a)(5)).

(4) material witness in custody;

(5) mental condition hearings under 18 U.S.C. chapter 313 (link is external) (except for hearings under 18 U.S.C. § 4241 (link is external) and § 4244 (link is external), which are considered part of the case in chief with no separate compensation maximums applying. (For a chart detailing the treatment for the purpose of compensation of representation at each hearing under 18 U.S.C. chapter 313 (link is external), see: Guide, Vol7A, § 220.30(f));

(6) civil or criminal contempt (where the person faces loss of liberty);

(7) witness (before a grand jury, a court, the Congress, or a federal agency or commission which has the power to compel testimony, where there is a reason to believe either before or during testimony, that the witness could be subject to a criminal prosecution, a civil or criminal contempt proceeding, or face loss of liberty); and

(8) international extradition (under 18 U.S.C. chapter 209 (link is external)). 

 

Instructions to Determine the Appropriate Case Compensation Maximums for Panel Attorneys following the Amendment to the Omnibus Appropriations Act, Fiscal Year 2018

With the enactment of increased case compensation maximums for panel attorneys under paragraph (d)(2) of the CJA, effective November 13, 2000, courts must determine whether compensation claims submitted on a CJA Form 20 (Appointment and Authority to Pay Court Appointed Counsel) are governed by the new maximums or by the former maximums. The key rules are:

  • If any representational services were provided on or after March 23, 2018, the new case maximums apply to the entire representation, including services performed before March 8.
  • If all representational services were completed before March 23, 2018, the former case maximums apply.

The person responsible for reviewing, processing or approving claims should look at Item 19 ("Certification of Attorney/Payee for the Period of Service") of the CJA Form 20 to determine whether the attorney provided any representational services on or after March 23, 2018. If so, the new case compensation maximums apply to the entire representation: felony $10,900; misdemeanor $3,100; appeal $7,800; 18 U.S.C. 4106A parole proceeding $2,300/ appeal $7,800; and other representations $2,300. The maximum amount for representation in non-capital habeas proceedings is revised to match the felony limit ($7,000) for district court representation and the appeal limit ($5,000) for appellate court representation.

If, on the other hand, all services were performed before March 23, 2018, the former case compensation maximums apply: felony $10,300; misdemeanor $2,900; appeal $7,800; 18 U.S.C. 4106A parole proceeding $2,200/ appeal $7,200; and other representations $2,200. The maximum amount for representation in non-capital habeas proceedings is subject to the $1,200 limit at each level of the proceeding. (PLEASE NOTE: If the voucher is entered into the CJA payment system after December 8, 2004, the warning message indicating that circuit approval is required will not activate at the former case maximum levels, even when they apply. The warning messages are only being generated based on the new case compensation maximums.)