Chapter VIII. Investigative,
Expert and Other Services
All attorneys appointed to provide representation
under the Criminal Justice Act, 18 U.S.C. § 3006A,
may request, under subsection (e) of the Act, authorization to obtain
investigative, expert and other services necessary for adequate
representation, to be paid from funds appropriated for the administration
of the Act (See Attachment VIII - 1 for a sample memorandum
to use for requesting these services).
In addition to investigators, psychiatrists, psychologists
and reporters, services other than counsel may include, but are
not necessarily 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 should be made to the presiding judge or magistrate
judge (see cautionary note below). In order to prevent
the possibility that an open hearing concerning a request for subsection
(e) services will cause a defendant to reveal his or her defense,
these requests should be made by ex parte application.
Guidelines promulgated by the United States Judicial Conference,
Guidelines for the Administration of the Criminal Justice Act,
Volume 7, Part A, Guide to Judiciary Policies and Procedures, (CJA
Guidelines) provide that the applications shall be heard in
camera and not be revealed without the consent of the defendant.
The Guidelines further state that such applications shall
be placed under seal until the final disposition of the case in
the trial court, subject to final order of the court.
PRIOR AUTHORIZATION SHOULD BE
SECURED from the presiding judicial
officer for all subsection (e) services where the cost (exclusive
of reimbursement for expenses) will exceed $800.00. In addition
to prior authorization, once the services have been provided, the
claims for compensation must be approved by the presiding judicial
officer. Failure to obtain prior authorization will result in the
disallowance of any amount claimed for compensation in excess of
$800.00, unless the presiding judicial officer, in the interest
of justice, finds that timely procurement of necessary services
could not await prior authorization. Except in death penalty proceedings,
claims for compensation in excess of $2,400.00 (excluding reimbursement
for expenses) may be paid only if the presiding judicial officer
certifies that payment in excess of the amount is necessary to provide
fair compensation for services of an unusual character or duration,
and the amount of the excess payment is approved by the chief judge
of the circuit (or active circuit judge to whom the chief judge
has delegated excess compensation approval authority). 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. See Attachment VIII - 2 for a CJA
Form 21 and Attachment VIII - 3 for a sample
completed CJA Form 21.
Service Provider Case Reimbursement Maximums
See Chapter 3 of Volume 7, Part A of the Guide to Judiciary Policies and
Procedures, for additional information on investigative, expert
and other services.
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