Instructions to Determine the Appropriate Case Compensation Maximums for Panel Attorneys following the Amendment to the Omnibus Appropriations Act, Fiscal Year 2005
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 December 8, 2004, the new case maximums apply to the entire representation, including services performed before December 8.
- If all representational services were completed before December 8, 2004, 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 December 8, 2004. If so, the new case compensation maximums apply to the entire representation: felony $7,000; misdemeanor $2,000; appeal $5,000; 18 U.S.C. 4106A parole proceeding $1,500/ appeal $5,000; and other representations $1,500. 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 December 8, 2004, the former case compensation maximums apply: felony $5,200; misdemeanor $1,500; appeal $3,700; 18 U.S.C. 4106A parole proceeding $1,200/ appeal $3,900; and other representations $1,200. 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.)