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IF-352

 (Rev. 03/10)

ADMINISTRATIVE OFFICE OF THE

UNITED STATES COURTS

WASHINGTON, D. C. 20544 Date: 2/24/11

GUIDE TO JUDICIARY POLICY

TRANSMITTAL 07-003 VOLUME/PART 7A CHAPTER(S) 3

TO: Judges, United States Courts of Appeals

Judges, United States District Courts

United States Magistrate Judges

Circuit Executives

Federal Public/Community Defenders

District Court Executives

Clerks, United States Courts of Appeals

Clerks, United States District Courts

Chief Probation Officers

Chief Pretrial Services Officers

Senior Staff Attorneys

Chief Preargument/Conference Attorneys

Circuit Librarians

FROM: James C. Duff 

RE: DEFENDER SERVICES

This transmittal provides notice of a new appendix in the Guide to Judiciary Policy, Vol. 7 (Defender

Services), Pt. A (Guidelines for Administering the CJA and Related Statutes):

Chapter 3 – Authorization and Payment for Investigative, Expert, or Other Services

Appendix 3D – Sample Order Authorizing the Acquisition of Computer [Hardware and/or Software]

Under the CJA

The Judicial Conference of the United States has approved new language on the acquisition of computer

hardware/software, along with revisions to the corresponding appendix. These changes make the policy

consistent with current practices. The significant changes are indicated in the Redline Comparison below.

Questions regarding this transmittal may be directed to the AO Office of Defender Services, Legal and

Policy Branch Duty Day Attorney, at 202-502-3030.
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REDLINE COMPARISON REFLECTING CHANGES

§ 320 Authorization of Investigative, Expert, and Other Services

[. . .]

§ 320.70 Other Services and Computer Hardware and Software

[. . .]

§ 320.70.40 Computer Hardware or, Software, or Litigation Support Services

(a) Overview

(1) Providing an adequate defense may require CJA panel attorneys to utilize computer

hardware or, software, or litigation support services not typically available in a law

office. In such cases, following the standards in § 320.70.30, counsel may apply to

the court for authorization of CJA funds for the acquisition of such property or

services.

(2) Before seeking court approval for any computer hardware or software with a cost

exceeding $500the limitations in § 310.20.30(a), or for the utilization of computer

systems or automation, litigation support products, services, personnel, or experts

with an expected combined cost exceeding $10,000, appointed counsel must consult

the National Litigation Support Team in the Office of Defender Services of the

Administrative Office of the United States Courts (510-637-3500) for guidance and. 

Counsel must inform the court in writing of the Office of Defender Services’ advice

and recommendation regarding counsel's proposed expenditure. See also: Appx 3D

(Sample Order Authorizing the Acquisition of Computer ( [Hardware and/or Software)]

under the Criminal Justice ActCJA).

(b) Acquisition of Computer Hardware and/or Software

(1) The request for acquisition of the computer hardware and/or software, with CJA funds,

will be made by a federal defender organization designated by the Office of Defender

Services, or by the Office of Defender Services itself.

(2) The computer hardware or software remainsor for the procurement of litigation

support services should be submitted on a Form CJA 21 (Authorization and Voucher

for Expert and Other Services), or, in a death penalty proceeding, Form CJA 31

(Death Penalty Proceedings: Ex Parte Request for Authorization and Voucher for

Expert and Other Services).

(2) Property purchased with CJA funds is the property of the United States.

(3) While computer hardware or software is being used by counsel, information contained

on the hardware or software may be confidential work product and may also be

protected by attorney-client privilege.

(4) Upon the completion of the case, the computer hardware and software must be

returned in good condition, after all case-related materials have been removed, to a

federal defender organization designated byremains so after the case is completed.

(3) When property is purchased, counsel must provide the Office of Defender Services

with a copy of the following documents to ensure the property is properly accounted

for: a copy of the court’s order approving the request; a copy of the completed Form

CJA 21 (or Form CJA 31); the purchase order from the vendor and any receiving

documents, such as a copy of the packing slip or the company’s invoice.
REDLINE COMPARISON REFLECTING CHANGES

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§ 320.70.40 [cont’d]

(4) Because computer hardware or storage devices being used by counsel may contain

confidential or privileged information, all case-related materials must be removed

before the hardware is returned as described below. Unless otherwise required by

the court or by law, counsel should retain copies, electronic or otherwise, of the case--

related materials for the client's file.

Note: When large amounts of electronic information are placed on drives or storage

devices purchased with CJA funds, counsel may apply to the court to retain the drive

or an alternative drive as the most cost-effective and efficient method for preserving

the data.

(5) Upon the completion of the case, counsel must contact the National Litigation Support

Team in the Office of Defender Services at (510) 637-3500 for instructions on

returning any software, and directions for deleting case-related material from any

hardware and returning it to the National Litigation Support Team for the permanent

removal of case-related material. If appointed counsel has acquired software, then

counsel should provide all accounting information for the software, including any serial

numbers, activation codes, or other identifying information, and remove the software

from his or her machines. If appointed counsel acquired computer hardware, it must

be returned in good condition.

Appx 3D: Sample Order Authorizing the Acquisition of Computer [Hardware and/or Software] Under

the CJA [. . .]

The above-named defendants,1

 having been found to be eligible for services under the Criminal Justice Act

(CJA), 18 U.S.C. § 3006A, have submitted an ex parte2

 application for the approval of CJA funds to

purchase computer [hardware and/or software3

], litigation support products and/or obtain litigation support

services, personnel or experts as authorized by subsection (e) of the CJA.

The Court finds, after inquiry and counsel’s consultation with the Office of Defender Services of the

Administrative Office of the United States Courts (AO),4

 that the [hardware and/or software] detailed in items

[1 through . . .]item(s) and service(s) listed below is [are] necessary for an adequate defense and constitute

unusual or extraordinary expenses.5

The Court, therefore, approves the acquisition of the following items:

[1.]

[2.]

[3.]

[4.]

in the amounts listed for each item and a total expenditure not to exceed [the sum of all items approved].

It is further ordered that the federal defender organization for the District of [_______],7

 as designated by the

Office of Defender Services,counsel must acquire the approved items utilizing the CJA appropriation, in

conformance with the Guide to Judiciary Policy, Volume 7A, Chapter 3, § 320.70. Both the acquisition of the

computer software and/or hardware and the procurement of litigation support services, should be submitted

on Form CJA 21 (Authorization and Voucher for Expert and Other Services) or, in a death penalty

proceeding, Form CJA 31 (Death Penalty Proceedings: Ex Parte Request for Authorization and Voucher for

Expert and Other Services). Upon actual purchase, counsel shall provide the Office of Defender Services
REDLINE COMPARISON REFLECTING CHANGES

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Appx 3D: Sample Order Authorizing the Acquisition of Computer [Hardware and/or Software] Under

the CJA [cont’d]

with a copy of the court’s order approving the request, a copy of the completed Form CJA 21 (or Form CJA

31), the purchase order from the vendor and any receiving documents. These documents should be sent to:

National Litigation Support Team, Federal Public Defender Organization, 555 12th Street, Suite 650,

Oakland, CA 94607-3627.

[. . .]

Unless otherwise ordered by the Court, within 30 days after final judgment is entered as to a defendant,

appointed counsel for that defendant is directed to return all items acquired under authorization of this Order

to a federal defender organization designated by the Office of Defender Services, for assignment bycontact

the National Litigation Support Team in the Office of Defender Services for any other appropriate use under

the CJA.

Counsel for the defendant[s] is [are] further instructed to remove and delete all case-related data and

softwareat (510) 637-3500 for instructions on returning any software, and directions for deleting case-related

material from any hardware before delivering the equipment to the federal defender organization.8 Software

should be returned with all original disks and manualsand returning it to the National Litigation Support

Team for the permanent removal of case-related material. If appointed counsel has acquired software, then

counsel should provide all accounting information for the software, including any serial numbers, activation

codes, or other identifying information, and remove the software from his or her machines. If appointed

counsel acquired computer hardware, it must be returned in good condition. Counsel should retain copies,

electronic or otherwise, of the deleted information for the client’s file.

[Appendix footnotes:]

4 In all cases When computer hardware or software costs exceed the limitations in the Guide to Judiciary Policy,

Volume 7A, § 310.20.30(a) or when the combined cost of computer systems fees, litigation support products, services,

personnel, or experts is expected to exceed $10,000, applicants must consult with the National Litigation Support

Administrator and the National Litigation Support Team in the Office of Defender Services of the Administrative Office of

the United States Courts, 202-502-3030(510) 637-3500, before submitting an application for funds to the Court. The

Office of Defender Services will provide technical advice to counsel to ensure the items requested are necessary,

appropriate, and compatible with systems incurrently being use within the federal defender systemd by counsel. 

Counsel is required to include, in writing, the advice and recommendation of the Office of Defender Services in the

application to the Court. See: Guide to Judiciary Policy, Volume 7A, § 320.70. The presiding judicial officer or the

clerk also may wish to seek advice from the Office of Defender Services.

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 Under § 320.70 of the Guide to Judiciary Policy, Volume 7A, § 320.70, approval for “unusual or extraordinary

expenses” is authorized when “the circumstances from which the need arose would normally result in an additional

charge to a fee-paying client over and above that charged for overhead expenses.” The Court has discretion to

determine when that condition is met. Circumstances of extraordinary expense may include, but are not limited to: 

massive documentary discovery; voluminous electronically stored information (ESI); numerous hours of wiretap tapes;

complex financial transactions; and national security concerns requiring disclosure, but no copying, of discovery. In all

cases, the decision to approve expenses for hardware or software is a matter for the presiding judge (and if above the

case compensation maximum, for the chief judge of the court of appeals, or designee of the chief judge).

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 The Court may wish to authorize acquisition of each specific item and a total cost ceiling, but allow the Office

of Defender Services or the designated purchaser some leeway to negotiate prices for individual items.