1

IF-352

 (Rev. 03/10)

ADMINISTRATIVE OFFICE OF THE

UNITED STATES COURTS

WASHINGTON, D. C. 20544 Date: 7/8/10

GUIDE TO JUDICIARY POLICY

TRANSMITTAL 07-001 VOLUME/PART 7A CHAPTER(S) 3, 6

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 changes to 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

Chapter 6 – Federal Death Penalty and Capital Habeas Corpus Representations

On May 27, 2010, Congress passed the Federal Judiciary Administrative Improvements Act, which

increased the waivable case compensation maximum amounts for expert, investigative, and other services.

Additionally, the Act provided for the periodic increase of these amounts. Chapters 3 and 6 have been

revised to reflect these statutory increases. Tables have been created in §§ 310.20.10 and 310.20.30 to

show the amounts, effective date, and authority for the increase. References to the old amounts ($1,600

and $500) have been replaced with references to these new tables. A paragraph was added to explain the

future periodic increases. In § 660.10.40, to avoid confusion, a reference has been added to the table in 

§ 310.20.30. The significant changes are detailed in the Redline Comparison below. 

Questions regarding this transmittal may be directed to the Legal and Policy Branch Duty Day Attorney,

AO Office of Defender Services, at 202-502-3030.
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REDLINE COMPARISON REFLECTING CHANGES

§ 310.20 Limitations

§ 310.20.10 With Prior Authorization

(a) With prior authorization, compensation for investigative, expert, and other services is

limited to the amounts in the following table for CJA-compensable work performed on

or after the effective date. For guidelines applicable to capital cases, see: Guide, Vol

7A, § 660.10.40 and § 660.20.

§ 310.20.10(a) Waivable Case Compensation Maximums for 

Investigative, Expert, and Other Services

If services were

performed between...

The

compensation

maximum is ...

Authority

05/27/10 to present $2,400 Federal Judiciary Administrative Improvements Act

of 2010, Pub. L. No. 111-174, enacted on May 27,

2010.

12/8/04 to 5/26/10 $1,600 Omnibus Appropriations Act, Fiscal Year 2005, Pub. L.

No. 108-447, H.R. 4818, enacted December 8, 2004.

11/14/86 to 12/7/04 $1,000 Pub. L. No. 99-651, 1986 HR 3004, enacted November

14, 1986.

(b) The waivable case compensation maximum amounts apply per organization or

individual, exclusive of reimbursement for expenses reasonably incurred, and per

individual authorization to perform said service, except with regard to capital cases.

For guidelines applicable to capital cases, sSee: Guide, Vol 7A, § 660§ 660.20.10.

(c) A separate authorization should be obtained for each type of service for each person

served, and for each defendant served, and for each case.

(bd) While the service provider may be compensated separately for each person served,

care should be taken to ensure that duplicate charges are not being made for the

same services.

(ce) If, under subsection (e) of the CJA, such services are rendered by members of an

organization such as a corporation, unincorporated association, or partnership (other

than those created under subsection (g) of the CJA), in their capacities as members

of that organization, compensation is deemed to have been earned by the

organization and is paid to it only once, per CJA client served, in an amount not to

exceed the statutory maximum of $1,600, exclusive of reimbursement for expenses

reasonably incurred.
REDLINE COMPARISON REFLECTING CHANGES

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§ 310.20.20 Waiving the Case Compensation Maximums

(da) Payment in excess of the $1,600case compensation limit for services authorized prior

to the performance thereof may be made when certified by the U.S. judge or U.S.

magistrate judge and approved by the chief judge of the circuit (or an active or senior

circuit judge to whom excess compensation approval authority has been delegated)

as being necessary to provide fair compensation for services of an unusual character

or duration. [. . .]

§ 310.20.2030 Without Prior Authorization

(a) Subsection (e)(2)(A) of the CJA authorizes the obtaining of investigative, expert, and

other services, without prior authorization but subject to subsequent review, providing

the cost of the services obtained does not exceed $500the amounts listed in the

following table, plus expenses reasonably incurred. For information regarding

obtaining investigative, expert, and other services in capital cases, see: Guide, Vol

7A, § 660.

§ 310.20.30(a) Limitations on Services Without Prior Authorization

If services were

performed between...

The

compensation

maximum is ...

Authority

05/27/10 to present $800 Federal Judiciary Administrative Improvements Act of

2010, Pub. L. No. 111-174, enacted on May 27, 2010.

12/8/04 to 5/26/10 $500 Omnibus Appropriations Act, Fiscal Year 2005, Pub. L.

No. 108-447, H.R. 4818, enacted December 8, 2004.

11/14/86 to 12/7/04 $300 Pub. L. No. 99-651, 1986 HR 3004, enacted November

14, 1986.

(b) This $500 limitThe limitation noted in § 310.20.30(a) may be waived, however, if the

presiding judge or U.S. magistrate judge (if the services were rendered in a case

disposed of entirely before the U.S. magistrate judge), in the interest of justice, finds

that timely procurement of necessary services could not await prior authorization. 

See: 18 U.S.C. § 3006A(e)(2)(B).

§ 310.20.40 Periodic Increases to the Waivable Case Compensation Maximums

The Federal Judiciary Administrative Improvements Act of 2010, Pub. L. No. 111-174, enacted on

May 27, 2010, amended the CJA to increase the waivable case compensation amounts listed in §

310.20.10 and § 310.20.30 simultaneously with any subsequent, cumulative adjustments under 5

U.S.C. § 5303 in the rates of pay under the General Schedule (currently calculated based on the

determination of the annual Employment Cost Index adjustment), rounded to the nearest hundred

dollars. The Administrative Office will provide notice when new threshold amounts are effective

under this provision.
REDLINE COMPARISON REFLECTING CHANGES

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§ 310.60.20 Death Penalty Cases

Presiding judicial officers are urged to permit interim payment in death penalty cases. Because the

CJA compensation maximum of $1,600maximums for investigative, expert, and other services set

out in § 310.20.10(a) does not apply in capital cases, different procedures and memorandum

orders must be used in those cases. (See: Guide, Vol 7A, § 660§ 660.2010)20. These

procedures and sample memorandum orders are also set forth in Appx 3C, (Procedures for Interim

Payments to Service Providers in Capital Proceedings).

§ 320.20.30 Limitation of Amount

The limitations of $1,600 and $500 contained in § 310.20 apply to compensation claims submitted

by "defense" psychiatrists and related experts, to be paid out of the CJA appropriation. For

information regarding "dual purpose" examinations, see: § 320.20.50.

§ 320.30 Transcripts

§ 320.30.10 Authorization and Payment

(a) For panel attorneys, the preferred method for payment of transcripts authorized by

the court is for the court reporter or reporting service to claim compensation directly

on a Form CJA 24 (Authorization and Voucher for Payment of Transcript).

Alternatively, the panel attorney may pay for the court-authorized transcript and

obtain reimbursement as an "out-of-pocket expense," using Form CJA 24. See:

Guide, Vol 7A, § 230.63.20. Regardless of which method is used, the limitations of

$1,600 and $500 set forth in § 310.20 and the $7,500 limitation set forth in Guide,

Vol 7A, § 660.20.10Ch 6 are inapplicable with regard to the cost of transcripts. For

procedures regarding federal defender organization transcript payments, see: Guide,

Vol 7A, § 430.10.

(b) In a direct appeal in a case in which counsel is assigned under the CJA, neither the

CJA nor 28 U.S.C. § 753(f) requires the signing of a pauper's oath or certification by

the Court that the appeal is not frivolous in order to obtain a transcript.

(c) For procedures regarding federal defender organization transcript payments, see:

Guide, Vol 7A, § 430.10.

§ 660.10.30 All Capital Cases

Upon a finding that timely procurement of necessary investigative, expert, or other services could

not await prior authorization, the presiding judicial officer may authorize such services nunc pro

tunc consistent with § 310.20.30(Bb).
REDLINE COMPARISON REFLECTING CHANGES

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§ 660.10.40 Applicability of Chapter 3 Guidelines

Except as otherwise specified in § 660, the provisions set forth in the Guide, Vol 7A, Ch 3, including

§ 310.20.30, are applicable to the authorization and payment for investigative, expert, and other

services in capital cases.

§ 660.20 Limitations On Payment for Investigative, Expert, and Other Services 

§ 660.20.10 In General Inapplicability of Compensation Maximums

For all capital cases, the compensation maximum amounts for investigative, expert, and other

services set forth in the Guide, Vol 7A, § 310.20.10 are inapplicable.