IF-352

 (Rev. 03/10)

ADMINISTRATIVE OFFICE OF THE

UNITED STATES COURTS

WASHINGTON, D. C. 20544 Date: 2/28/14

GUIDE TO JUDICIARY POLICY

TRANSMITTAL 07-008 VOLUME/PART 7A CHAPTER(S) 2, 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 Circuit Mediators

Circuit Librarians

FROM: Judge John D. Bates 

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 2 – Appointment and Payment of Counsel

Chapter 6 – Federal Death Penalty and Capital Habeas Corpus Representations

These chapters have been revised, as detailed in the Redline Comparison below, to reflect two

sets of changes taking effect on March 1, 2014: restoration of the CJA panel attorney hourly rates,

and changes to the CJA case compensation maximums.

Questions regarding this transmittal may be directed to the AO Department of Program Services,

Defender Services Office, Legal and Policy Division Duty Day Attorney, at 202-502-3030.

1
REDLINE COMPARISON REFLECTING CHANGES

[Significant changes in Chapter 2 (Appointment and Payment of Counsel) follow:]

§ 230 Compensation and Expenses of Appointed Counsel

[. . .]

§ 230.16 Hourly Rates and Effective Dates in Non-Capital Cases

[. . .]

§ 230.16(a) Non-Capital Hourly Rates [table]

If services were

performed between...

The maximum

hourly rate is...

Authority

03/01/2014 to present $126

09/01/2013 through

02/28/2014

$110

01/01/2010 through

08/31/2013to present

$125 Pub. L. No. 111-117 (2009). See: H. Rep. No.

111-366/Pub. L. No. 111-117 Consolidated

Appropriations Act, 2010 (Dec. 16, 2009; 123 Stat.

3034).

03/11/2009 to

12/31/2009

$110 Pub. L. No. 111-8 (2009). See: H. Rep. No. 1105/Pub.

L. No. 111-8 Omnibus Appropriations Act, 2009 (Mar.

11, 2009; 123 Stat. 524).

01/01/2008 through

03/10/2009

$100 Pub. L. No. 110-161, 121 Stat. 1844 (2007). See: H.

Rep. No. 110-497, 2007 WL 4402532, December 17,

2007. See also: Consolidated Appropriations Act of

2008 (Pub. L. No. 110-161, 121 Stat.1844, 1987

(2007)).

05/20/2007 through

12/31/2007 

$94 Based on the appropriation amounts enacted on

February 15, 2007 (Pub. L. No. 110-5, 121 Stat. 8

(2007)), the U.S. House and Senate Appropriations

Committees subsequently approved the judiciary

financial plans for FY2007, which included a cost-ofliving adjustment to increase the maximum non-capital

hourly rate to $94.

01/01/2006 through

05/19/2007

$92 Pub. L. No. 109-115, 119 Stat. 2396 (2005)

05/01/2002 through

12/31/2005

$90 Pub. L. No. 107-77, 115 Stat. 748 (2001) See: H. Rep.

No. 107-278, at 143 (2001) (Conf. Rep.), as reprinted in

2002 U.S.C.C.A.N. 793, 856, 2001 WL 1402218, and H.

Rep. No. 107-139, at 92-93, 2001 WL 79076.

2
REDLINE COMPARISON REFLECTING CHANGES

§ 230.23 Case Compensation Maximums

[. . .]

§ 230.23.20 Current Attorney Case Compensation Maximums

For work performed on or after JanuaryMarch 1, 20104, the case compensation maximums are as follows:

§ 230.23.20 Current Attorney Case Compensation Maximums [table]

If the case is a... the case maximum is...

(a) Felony (except federal capital prosecutions) $9,700800 for trial court level

$67,900000 for appeal

(b) Misdemeanors (including petty offenses (class B or C

misdemeanors or infractions) as set forth in 18 U.S.C.

§ 3006A(a)(2)(A)))

$2,800 for trial court level

$67,900000 for appeal

(c) Proceedings under 18 U.S.C. § 4106A (in connection

with paroled prisoners transferred to the United States)

$2,100 for representation before the U.S.

Parole Commission

$67,900000 for appeal

(d) Proceedings under 18 U.S.C. § 4107 or § 4108 (for

counsel and guardians ad litem providing services in

connection with prisoner transfer proceedings).

Note: For information on appointment of counsel or

guardians ad litem under 18 U.S.C. § 4109, see: Guide,

Vol 7B (International Prisoner Transfer Proceedings).

$2,800 for each consent verification

proceeding

(e) Pre-Trial Diversion $9,700800 if offense alleged by the U.S.

attorney is a felony

$2,800 if offense alleged by the U.S.

attorney is a misdemeanor

(f) Proceedings under 18 U.S.C. § 983 (for services

provided by counsel appointed under 18 U.S.C.

§ 983(b)(1) in connection with certain judicial civil

forfeiture proceedings)

$9,700800 for trial court level

$67,900000 for appeal

(g) Non-Capital Post-Conviction Proceedings under

28 U.S.C. § 2241, § 2254 or § 2255

$9,700800 for trial court level

$67,900000 for appeal

(h) Proceedings to Protect Federal Jurors Employment

under 28 U.S.C. § 1875

$9,700800 for trial court level

$67,900000 for appeal

3
REDLINE COMPARISON REFLECTING CHANGES

§ 230.23.30 History of Case Compensation Maximums

For work performed prior to JanuaryMarch 1, 20104, the case compensation maximums are as follows:

§ 230.23.30 History of Case Compensation Maximums [table]

IfThe case maximum if a case is a... And services were completed...

On or after

December 8,

2004 and

before

October 13,

2008, the

case

maximum

 is... 12/8/2004- 10/12/2008

On or after

October 13,

2008, and

before March

11, 2009, the

case

maximum

 is... 10/13/2008- 3/10/2009

On or after

March 11,

2009, and

before

January 1,

2010, the

case

maximum

 is... 3/11/2009- 12/31/2009

1/1/2010-

2/28/2014

Felony (including pre-trial diversion of alleged

felony)

$7,000 $7,800 $8,600 $9,700

Misdemeanor (including pre-trial diversion of

alleged misdemeanor)

$2,000 $2,200 $2,400 $2,800

Proceeding under 18 U.S.C. § 4106A $1,500 $1,700 $1,800 $2,100

Proceeding under 18 U.S.C. § 4107 or § 4108

(for each verification proceeding)

$2,000 $2,200 $2,400 $2,800

Proceeding under 18 U.S.C. § 983 $7,000 $7,800 $8,600 $9,700

Post-conviction proceeding under under

28 U.S.C. § 2241, § 2254 or § 2255

$7,000 $7,800 $8,600 $9,700

Proceeding under 28 U.S.C. § 1875 $7,000 $7,800 $8,600 $9,700

Appeal from felony, misdemeanor, proceeding

under 18 U.S.C. § 4106A, 18 U.S.C. § 983, postconviction proceeding under 28 U.S.C. § 2241,

§ 2254 or § 2255, and 28 U.S.C. § 1875

$5,000 $5,600 $6,100 $6,900

Other representation required or authorized by

the CJA (including, but not limited to probation,

supervised release hearing, material witness,

grand jury witness)

$1,500 $1,700 $1,800 $2,100

Appeal of other representation $1,500 $1,700 $1,800 $2,100

4
REDLINE COMPARISON REFLECTING CHANGES

[Significant changes in Chapter 6 (Federal Death Penalty and Capital Habeas Corpus Representations)

follow:]

§ 630 Compensation of Appointed Counsel in Capital Cases

§ 630.10 Hourly Rates and Inapplicability of Compensation Maximums

§ 630.10.10 Hourly Rates

[. . .]

§ 630.10.10(a) Capital Hourly Rates

If services were

performed between...

The hourly rate

maximum is...

Authority

03/01/2014 to present $180

09/01/2013 through

02/28/2014

$163

01/01/2010 through

08/31/2013to present

$178 (unless raised

by the Judicial

Conference under

18 U.S.C.

§ 3599(g)(1)).

Pub. L. No. 111-117 (2009). See H. Rep. No.

111-366/Pub. L. No. 111-117 Consolidated

Appropriations Act, 2010 (Dec. 16, 2009; 123 Stat.

3034).

03/11/2009 through

12/31/2009

$175 H. Rep. No. 1105/Pub. L. No. 111-8 Omnibus

Appropriations Act, 2009 (Mar. 11, 2009; 123 Stat. 524).

01/01/2008 through

03/10/2009

$170 H. Rep. No. 110-497, 2007 WL 4402532, December 17,

2007. See also The Consolidated Appropriations Act of

2008 (Pub. L. No. 110-161, 121 Stat.1844, 1987

(2007)).

05/20/2007 through

12/31/2007

$166 Based on the appropriation amounts enacted on

February 15, 2007 (Pub. L. No. 110-5, 121 Stat. 8

(2007)), the U.S. House and Senate Appropriations

Committees subsequently approved the judiciary

financial plans for FY2007, which included a cost-ofliving adjustment to increase the maximum capital hourly

rate to $166.

01/01/2006 through

05/19/2007

$163 Congress approved a cost-of-living increase to $163 in

the Judiciary Appropriations Act, Fiscal Year 2006, Pub.

L. No. 109-115, 119 Stat. 2396 (2005). See also: H.

Rep. No. 109-307, at 73, 112, 279 (2005) (Conf. Rep.),

2005 WL 3131557, and S. Rep. No. 109-109, at 196

(2005), 2005 WL 1774046.

02/01/2005 through

12/31/2005

$160 Congress approved the judiciary’s request for an hourly

rate increase from $125 to $160 when it enacted the

Omnibus Appropriations Act, Fiscal Year 2005, Pub. L.

No. 108-447, 118 Stat. 2809 (2004). See also: The Joint

Explanatory Statement of the Committee on the

Conference, 150 CONG. REC. H10235-01, November

19, 2004, 2004 WL 2658652, and S. Rep. No. 108-344

(2004), 2004 WL 3044802.

5