cja25 Notice to CJA Panel Attorney Regarding Availability of Investigative, Expert and Other Services
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CJA 25 (Rev. 08/16)NOTICE TO CJA PANEL ATTORNEYS REGARDING AVAILABILITY OF INVESTIGATIVE, EXPERT AND OTHER SERVICES All attorneys appointed to provide representation under the Cr iminal Justice Act (CJA), 18 U.S.C. § 3006A, may request, under subsection (e) of the Act, authorization to obtain i nvestigative, expert, and other services necessary for adequate representation to be paid from funds appr opriated for the administration of the CJA. In death penalty cases (federal capital prosecutions and capital post-conviction proceedings), 18 U.S. C. § 3599 provides additional statutory authority to appoint counsel (also see 18 U.S.C. § 3005) and authorize investigative, expert, and other services (referred to as “subsection (e) services,” below). In addition to investigators, psychiatrists, psychologists, and reporters, services other than counsel may include, but not necessarily be limited to, interpreters, computer systems and automation litigation support personnel and experts, paralegals and legal assistants, including law students, neurologists, and laboratory experts in the areas of ballistics, fingerprinting, and handwriting. Requests for authority to obtain subsection (e) services shoul d be made to the presiding judge or magistrate judge (see cautionary note below). In order to prevent the possibility th at an open hearing concerning a request for subsection (e) services may cause a defendant to reveal his or her defense, these requests should be made by ex parte application. The Guidelines for Administering the CJA and Related Statutes (CJA Guidelines), Volume 7A, Guide to Judiciary Policy, provide that the ex parte applications must be heard in camera and must not be revealed without the consent of the defendant. The CJA Guidelines further state that such app lications must be placed under seal until the final disposition of the case in the trial court, subject to final order of the c ourt. In death penalty cases, 18 U.S.C. § 3599 provides that couns el must make a proper showing concerning the need for confidentiality. CAUTIONARY NOTE There are, however, limitations that apply to the obtaining of these services. PRIOR AUTHORIZATION SHOULD BE SECURED from the presiding judicial officer for all subsection (e) services, in a non-death or death penalty representation, where the total cost (exclusive of reimbursement for expen ses) of all services combined will exceed $800. In addition to prior authorization, once the services have been provided, th e claims for compensation must be approved by the presiding judicial officer. The limitation of $800 may be waived if the presiding judicial officer, in the interest of justice, finds th at timely procurement of necessary services could not await prior authorization. In ad dition, in non-death penalty proceedings, claims for compensation by a service provider in a representation in excess of $2,500 (ex cludin g reimbursement for expenses) may be paid when the presiding judicial officer certifies that payment in excess of the amount is necessary to pro vide fair compensati on fo r services of an unusual character or d uration , and the amount of the excess payment is ap proved by the chief judge of the circu it (or the active or senior circuit judge to wh om the ch ief judge has delegated excess compen sation appro val au thority). In death penalty cases, there is a differen t waiv ab le limit of $7, 500 (the $2,500 amount does not apply). The $7,5 00 limit applies to the total payments (inclu ding expenses) for all investigative, expert, and other services combined in a representation, not to each type of service or service provider individually. For payments in excess of $7,500, the presidin g judicial officer must certify the payments as necessary to p rovide fair compensation for services of an unusual character or d uration. Payment for subsection (e) services should be claimed directly by the service provider on the CJA Form 21, “Authorization and Voucher for Expert and Other Services,” or, in deat h penalty proceedings, on the CJA Form 31, “Death Penalty Proceedings: Ex Parte Request for Authorization and Vouche r for Expert and Other Services.” Counsel should review both the Criminal Justice Act and the CJA Guidelines, which are accessible through www.uscourts.gov.Relevant article from our knowledge database
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