cja26a Guidance to Attorneys in Drafting the Memorandum for a Claim in Excess of the Case Compensation Maximum (District Court)
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CJA 26 (Rev. 03/12) SUPPLEMENTAL INFORMATION STATEMENT FOR A COMPENSATION CLAIM IN EXCESS OF THESTATUTORY CASE COMPENSATION MAXIMUM: DISTRICT COURT THIS FORM PROVIDES INFORMATION TO SUPPORT COUNSEL’S CLAIM THAT THE REPRESENTATION GIVEN WAS IN AN EXTENDED OR COMPLEX CASE, AND THAT THE EXCESS PAYMENT IS NECESSARY TO PROVIDE FAIR COMPENSATION. SECTION 230.23.40 OF THE GUIDELINES FOR ADMINISTERING THE CJA AND RELATED STATUTES, IN THE GUIDE TO JUDICIARY POLICY, VOLUME 7, PART A, CHAPTER 2, DEFINES THE TERMS “EXTENDED” AND “COMPLEX,” AND SUGGESTS CRITERIA FOR DETERMINI NG “FAIR COMPENSATION.” THIS FORM SERVES AS COUNSEL’S MEMORANDUM REQUIRED BY SECTION 230.30(b)(1) OF THOSE GUIDELINES, AND DOES NOT RE PLACE ANY OTHER DOCUMENTATION REQUIRED TO SUPPORT THE PAYMENT REQUEST. IF EXTRA SPACE IS NEEDED, ATTACH ADDITI\ ONAL SHEETS OF PAPER. ATTORNEY NAME: CASE NAME: DOCKET NUMBER: DEFENDANT NUMBER: VOUCHER NUMBER: 1 PERIOD OF APPOINTMENT (DATES): TO TOTAL NUMBER OF IN-COURT HOURS: SPECIFYING: PRETRIAL HEARINGS TRIAL SENTENCING HEARINGS ALL OTHER IN-COURT TOTAL NUMBER OF OUT-OF-COURT HOURS: 2 OFFENSES CHARGED: NUMBER OF COUNTS CHARGED: NUMBER OF CO-DEFENDANTS: OTHER PENDING CASES (DOCKET NUMBERS) OF DEFENDANT DURING REPRESENTATIO\ N: IF APPLICABLE, SENTENCING GUIDELINE RANGE FOUND BY THE COURT FOR SENTENC\ ING: WAS A MANDATORY MINIMUM FOUND OR AT ISSUE AT SENTENCING? YES NO 3 DESCRIBE DISCOVERY MATERIALS (NATURE AND VOLUME) AND/OR DISCOVERY PRACTICES WHICH ARE A NOTEWORTHY FACTOR IN THE NUMBER OF HOURS CLAIMED: 4 LIST AND DESCRIBE MOTIONS, LEGAL MEMORANDA, JURY INSTRUCTIONS, AND SENTENCING DOCUMENTS, OR LEGAL RESEARCH NOT RESULTING IN SUCH, WHICH ARE A NOTEWORTHY FACTOR IN THE NUMBER OF HOURS CLAIMED AND WHICH WERE DRAFTED ORIGINALLY FOR THIS CASE (DO NOT INCLUDE STANDARDIZED MOTIONS, ETC., UNLESS CONTENT WAS MODIFIED SIGNIFICANTLY): 5 SUMMARIZE INVESTIGATION AND CASE PREPARATION (E.G., NUMBER AND ACCESSIBILITY OF WITNESSES INTERVIEWED, RECORD COLLECTION, DOCUMENT ORGANIZATION) WHICH ARE A NOTEW ORTHY FACTOR IN THE NUMBER OF HOURS CLAIMED: – CONTINUED ON REVERSE SIDE – CJA 26 (Rev. 03/12) (REVERSE) 6 EXPLAIN, IF NOTEWORTHY, IMPACT ON THE NUMBER OF HOURS CLAIMED OF INVESTIGATIVE, EXPERT, OR OTHER SERVICES USED (CJA 21 VOUCHER): 7 CHECK WHETHER ANY OF THE FOLLOWING CLIENT CONSIDERATI ONS ARE A NOTEWORTHY FACTOR IN THE NUMBER OF HOURS CLAIMED AND EXPLAIN EACH: COMMUNICATI ON WITH CLIENT/FAMILY LANGUAGE DIFFERENCE ACCESSIBILITY OF CLIENT OTHER 8 EXPLAIN ANY EXPENSE (ITEMS 17 AND 18 OF THE CJA 20 VOUCHER) GREATER TH\ AN $500: 9 EXPLAIN ANY OTHER NOTEWORTHY CIRCUMSTANCES REGARDING THE CASE AND THE REPRESENTATION PROVIDED TO SUPPORT THIS COMPENSATION REQUEST: INCLUDE, IF APPLICABLE: (A) NEGOTIATIONS WITH U.S. ATTORNEY’S OFFICE OR LAW ENFORCEMENT AGENCY; (B) COMPLEXITY OR NOVELTY OF LEGAL ISSUES AND FACTUAL COMPLEXITY; (C) RESPONSIBILITIES INVOLVED MEASURED BY THE MAGNITUDE AND IMPORTANCE OF THE CASE; (D) MANNER IN WHICH DUTIES WERE PERFORMED AND KNOWLE DGE, SKILL EFFICIENCY, PROFESSIONALISM, AND JUDGMENT REQUIRED OF AND USED BY COUNSEL; (E) NATURE OF COUNSEL’S PRACTICE AND HARDSHIP OR INJURY RESULTING FROM THE REPRESENTATION; AND (F) ANY EXTRAORDINARY PRESSURE OF TIME OR OTHE R FACTORS UNDER WHICH SERVICES WERE RENDERED. SIGNATURE OF APPOINTED ATTORNEY: DATE:Relevant article from our knowledge database
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