Frequently Asked Questions
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My case is now on appeal. Do I continue to submit my vouchers to the District Court for processing?
No. Vouchers for all appellate work should be mailed to the U. S. Court of Appeals for the Second Circuit, 40 Foley Square, New York, NY 10007.
My client was involved in two separate cases. Can I submit one voucher including both case numbers?
No. Separate vouchers/worksheets are required for each case.
I was retained through sentencing, my client has run out of money and I need to be appointed CJA. What do I do?
Pursuant to Rule 24 of the F.R.A.P., you should make a motion to proceed IFP in the district court, then move to be appointed CJA at the circuit level once the IFP is granted. If the district denies the application for IFP, you may make the motion at the USCA.
I discovered that my client has some assets and I want to be retained. What do I do?
Pursuant to the Guide to Judiciary Policies and Procedures, Vol. VII, Section 2.22 E., no appointed attorney shall accept a payment from or on behalf of the person represented without authorization by the court on a CJA 7 Form. If your client wants to retain you, you must file a motion with the court to be allowed to do this. Your client may also be expected to repay the CJA fund for costs associated with your representation prior to being retained.
My client needs clothes, a haircut and personal items so s/he looks presentable when appearing at court. I already purchased them and would like to be reimbursed. Can I claim these as expenses on my voucher?
No. These are items of a personal nature and are not reimbursable under the Criminal Justice Act.
Do I have to submit a memorandum in support of my voucher?
If your voucher exceeds the statutory maximum for the type of representation, you must submit a CJA 26 Supplemental Information Statement explaining why the claim is an excess claim. If you do not submit this form, your voucher will be returned to you unprocessed. If the claim is under the statutory limits, there is no need for a CJA 26.
How long is it going to take for me to get my money?
We are required to audit all claims, which involves going through every expense and compensation claim. If your voucher is fairly simple, it will take less time to process. The more complicated the voucher, the more time it will take to audit. Claims can take from a few weeks to several weeks to be paid, depending on the complexity and on whether or not the voucher has to be sent to the circuit for additional approval (all excess compensation claims).
Where do I claim mileage and parking expenses on the CJA voucher?
Both mileage and parking are to be claimed as travel expenses.
Do I have to supply my social security number?
Yes. To process a voucher for payment, the Administrative Office must have your social security number (16B). The taxpayer or law firm ID number (16C) is required only if you checked "Yes" in 16A. All checks will be made out to you, not the law firm. If your firm is incorporated (16A), a 1099 will be provided to the firm, not to you.
What is the current pay rate for CJA Attorneys?
The hourly CJA compensation rates are determined by the date and the type of work performed.