Last substantive revision (Transmittal GR-17) January 20, 2010 

Last revised (minor technical changes) February 6, 2019

Guide to Judiciary Policy

Vol. 7: Defender Services

Pt. A: Guidelines for Administering the CJA and Related Statutes

Ch. 2: Appointment and Payment of Counsel

Appx. 2C: Procedures for Interim Payments to Counsel in Non-Death 

Penalty Cases

1. The district court issues a Memorandum Order to counsel, outlining payment 

procedures and specifically addressing payment for actual expenses, travel, and 

compensation of counsel. See: Sample Memorandum Order, below.

2. If excess compensation is anticipated, written approval of the procedure must be 

obtained from the chief judge of the circuit or his or her delegate prior to issuance of the 

order.

3. Once it is issued, a copy of the Memorandum Order should be furnished to the 

CJA claims coordinator.

4. Form CJA 20 should be submitted with full documentation of all expenses 

claimed on the voucher.

5. Assign a number to each voucher processed for payment.

6. Item 19 of Form CJA 20 must be completed to indicate the time period covered 

by the voucher and whether it is for the final payment or for an interim payment.

7. If the court has selected OPTION A of the Sample Memorandum Order, the final 

voucher should:

(a) set forth in detail the time and expenses claimed for the entire case;

(b) reflect all compensation and reimbursement previously received;

(c) show the net amount remaining to be paid; and

(d) be approved by the chief judge of the circuit or his or her delegate if the 

total claim for the case is in excess of the statutory limits.
Guide to Judiciary Policy, Vol. 7A, Appx. 2C

8. If the court has selected OPTION B of the Sample Memorandum Order and 

established intervals for the submission of cumulative vouchers for the balance of 

amounts withheld from the interim vouchers, each cumulative voucher should:

(a) be labeled “Cumulative Voucher”;

(b) set forth in detail the time and expenses claimed for the pre-established 

time interval;

(c) reflect all compensation and reimbursement previously received during the 

pre-established time interval;

(d) show the net amount remaining to be paid; and

(e) be approved by the chief judge of the circuit or his or her delegate.
Guide to Judiciary Policy, Vol. 7A, Appx. 2C

Sample Memorandum Order

(To Be Used in Non-Death Penalty Cases)

Memorandum to All Counsel Appointed Under the Criminal Justice Act (CJA) in the 

Case of ______________________________________________________________

Number ______________________________________________________________

RE: Interim Payments for Representation of Counsel

Because of the expected length of the trial in this case, and the anticipated hardship on 

counsel in undertaking representation full-time for such a period without compensation, 

under Guide to Judiciary Policy (Guide), Volume 7, Part A, § 230.73.10, the following 

procedures for interim payments will apply during the course of your representation in 

this case:

1. Submission of Vouchers

Counsel should submit to the court clerk, twice each month, an interim Form CJA 20, 

Appointment of and Authority to Pay Court Appointed Counsel. Compensation earned 

and reimbursable expenses incurred from the first to the fifteenth days of each month 

should be claimed on an interim voucher submitted no later than the twentieth day of 

each month, or the first business day thereafter. Compensation earned and 

reimbursable expenses incurred from the sixteenth to the last day of each month should 

be claimed on an interim voucher submitted no later than the fifth day of the following 

month, or the first business day thereafter. The first interim voucher submitted should 

reflect all compensation claimed and reimbursable expenses incurred from the date of 

appointment to _________ and should be submitted no later than _____________; 

thereafter, the vouchers should be submitted twice each month according to the 

schedule outlined above. Counsel should complete Item 19 on the form for each interim 

voucher. Each interim voucher should be assigned a number when processed for 

payment. Interim vouchers should be submitted in accordance with this schedule even 

though little or no compensation or expenses are claimed for the respective period. All 

interim vouchers should be supported by detailed and itemized time and expense 

statements. Guide, Volume 7A, § 230 outlines the procedures and rules for claims by 

CJA attorneys and should be followed on each voucher.

I will review the interim vouchers when submitted, particularly with regard to the amount 

of time claimed, and will authorize compensation to be paid for 80 percent of the 

approved number of hours. This compensation will be determined by multiplying 80 

percent of the approved number of hours by the applicable rate. I will also authorize for 

payment all reimbursable expenses reasonably incurred.
Guide to Judiciary Policy, Vol. 7A, Appx. 2C

[Select Option A or B]

OPTION A

At the conclusion of the representation, each counsel should submit a final voucher 

seeking payment of the 20 percent balance withheld from the earlier interim vouchers, 

as well as payment for representation provided during the final interim period. The final 

voucher should set forth in detail the time and expenses claimed for the entire case, 

including all appropriate documentation. Counsel should reflect all compensation and 

reimbursement previously received on the appropriate line of the final voucher, as well 

as the net amount remaining to be paid at the conclusion of the case. After reviewing 

the final voucher, I will submit it to the chief judge of the circuit or his or her delegate for 

review and approval.

OPTION B

Every _____ months, counting from the submission date for the first interim voucher, 

until the conclusion of the representation, counsel should submit a cumulative interim 

voucher seeking payment of the outstanding 20 percent balance withheld from all earlier 

interim compensation paid out during the preceding _____-month interval, as well as 

payment for representation provided during the last interim period of the interval. The 

cumulative interim voucher should be labeled as such and should set forth in detail the 

time and expenses claimed for the entire interval, including all appropriate 

documentation. Counsel should reflect all compensation and reimbursement previously 

received on the appropriate line of the cumulative interim voucher, as well as the net 

amount remaining to be paid at the end of the interval. After reviewing the cumulative 

interim voucher, I will submit it to the chief judge of the circuit or his or her delegate, for 

review and approval. At the conclusion of the representation, each counsel should 

submit a final cumulative voucher seeking payment of the 20 percent balance withheld 

from the interim vouchers processed during the final interval, as well as payment for 

representation provided during the last interim period of the interval.

2. Reimbursable Expenses

Counsel may be reimbursed for out-of-pocket expenses reasonably incurred incident to 

the representation. While the statute and applicable rules and regulations do not place 

a monetary limit on the amount of expenses that can be incurred, counsel should incur 

no single expense item in excess of $ _______ without prior approval of the court. 

Such approval may be sought by filing an ex parte application with the clerk stating the 

nature of the expense, the estimated dollar cost and the reason the expense is 

necessary to the representation. An application seeking such approval may be filed in 

camera, if necessary. Upon finding that the expense is reasonable, I will authorize 

counsel to incur it. Recurring expenses, such as telephone toll calls, photocopying and 

photographs, which aggregate more than $ ______ on one or more interim vouchers 

are not considered single expenses requiring court approval.
Guide to Judiciary Policy, Vol. 7A, Appx. 2C

With respect to travel outside of the city/county of ________________ for the purpose

of consulting with the client or the client’s former counsel, interviewing witnesses, etc., 

the $ _____ rule should be applied in the following manner. Travel expenses, such as 

air fare, mileage, parking fees, meals and lodging, can be claimed as itemized 

expenses. Therefore, if the reimbursement for expenses relating to a single trip will 

aggregate an amount in excess of $ _______, the travel should receive prior approval of 

the court.

The following additional guidelines may be helpful to counsel:

(a) Case related travel by privately owned automobile should be claimed at 

the rate of ___ cents per mile, plus parking fees, ferry fares, and bridge, 

road and tunnel tolls. Transportation other than by privately owned 

automobile should be claimed on an actual expense basis. Air travel in 

“first class” is prohibited. Counsel and persons providing services under 

the CJA are encouraged to contact the clerk for air travel authorization at 

government rates.

(b) Actual expenses incurred for meals and lodging while traveling outside of 

the city/county of ___________ in the course of this representation must 

conform to the prevailing limitations placed upon travel and subsistence 

expenses for federal judiciary employees in accordance with existing 

government travel regulations. For specific details concerning high cost 

areas, counsel should consult the clerk.

(c) Telephone toll calls, photocopying, and photographs can all be 

reimbursable expenses if reasonably incurred. However, general office 

overhead, such as rent, secretarial help, and telephone service, is not a 

reimbursable expense, nor are items of a personal nature. In addition, 

expenses for service of subpoenas on fact witnesses are not 

reimbursable, but rather are governed by Fed. R.Crim. P. 17 and 

28 U.S.C.§ 1825. 

3. Further Guidance

Answers to questions concerning appointment under the Criminal Justice Act can 

generally be found in (1) 18 U.S.C.§ 3006A; (2) the Plan of the United States District 

Court for __________________, available through the clerk, and (3) Guide, Vol. 7A 

(Guidelines for Administering the CJA and Related Statutes), published by the 

Administrative Office of the U.S. Courts and also available through the clerk. Should 

these references fail to provide the desired clarification or direction, counsel should 

address their inquiries directly to me or my staff.
Guide to Judiciary Policy, Vol. 7A, Appx. 2C

__________________________________________________________

United States District Judge Date

Approved:

________________________________________________________

Chief Judge of the United Date

States Court of Appeals for the

___________ Circuit