Requests for compensation in excess of the amounts below are considered presumptively excessive:
|Type of Proceeding||District Court Level||Appellate Court Level|
|Federal Capital Prosecutions||$100,000||$50,000||Hourly Rate*|
|28 U.S.C. § 2254 or § 2255||$35,000||$15,000||Hourly Rate*|
Requests for compensation exceeding these amounts must be accompanied by written justification and will be forwarded with a recommendation to the chief judge of the circuit, or designee, who will determine the amount of fees to be paid. See The Judicial Council of the Fifth Circuit, Special Procedures for Reviewing Attorney Compensation Request in Death Penalty Cases, amended Feb. 1, 2005.
* Hourly rate applies to work performed on or after the effective date, regardless of the date of counsel’s appointment.