Capital cases, whether federal capital prosecution or habeas proceedings under 28 U.S.C. § 2254 or § 2255, should be budgeted.
Payment in Budgeted Cases
In capital cases where there is a circuit approved budget in place, the district court may approve payment of interim vouchers as long as the vouchers are within budget. Final vouchers shall be forwarded to the chief judge of the circuit or his or her designee for payment.
Payment in Non-Budgeted Cases
In capital cases, whether federal capital prosecution or habeas proceedings under 28 U.S.C. § 2254 or § 2255, where there is no circuit approved budget, once attorney fees for the case exceed 500 hours, all interim vouchers for the case shall be forwarded to the chief judge of the circuit, or his or her designee, for approval and payment. For vouchers subject to circuit review, the attorney must submit the voucher to the district judge with a memorandum in support.
See Fifth Circuit CJA Plan, § 7(B)(2)(b).
Hourly rates apply to work performed on or after the effective date, regardless of the date of counsel’s appointment.