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. 2D: Procedures for Interim Payments to Counsel in 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. 

2. A copy of the Memorandum Order should be furnished to the CJA claims 

coordinator.

3. Form CJA 30 should be submitted with full documentation of all expenses 

claimed on the voucher.

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

5. Item 18 of Form CJA 30 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.

6. The final voucher should:

(a) set forth in detail the time and expenses claimed for the final interim 

period;

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

(c) reflect all compensation and reimbursement previously received.
Guide to Judiciary Policy, Vol. 7A, Appx. 2D Page 2 

Sample Memorandum Order

(To Be Used Only In Death Penalty Cases)

Memorandum to All Counsel Appointed Under the Criminal Justice Act (CJA), 18 U.S.C. 

§ 3006A, and 18 U.S.C. § 3599, 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, § 230.73.20, the following 

procedures for interim payments 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 30, 

Death Penalty Proceedings: 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. Each voucher will be numbered when 

processed for payment. Counsel should complete Item 18 on the form for each interim 

voucher. 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 must be supported by detailed and itemized time and expense 

statements. Guide, Volume 7A, Chapter 6 and Chapter 2, § 230 outline 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 the approved number of 

hours. I will also authorize for payment all reimbursable expenses reasonably incurred.

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

seeking payment for representation provided during the final interim period. The final 

voucher should also set forth in detail the time and expenses claimed for the entire 
Guide to Judiciary Policy, Vol. 7A, Appx. 2D Page 3 

case, including all documentation. Counsel should reflect all compensation and 

reimbursement previously received on the appropriate line of the final voucher.

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.

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

consulting with the client or his or her 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, telegrams, 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, 
Guide to Judiciary Policy, Vol. 7A, Appx. 2D Page 4 

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 CJA 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, 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.

__________________________________________________________

United States District Judge Date