UNITED STATES DISTRICT COURT 


DISTRICT OF NEW JERSEY 


UNITED STATES OF AMERICA 	 CR. NO. II - (/ 'i/O (SPN ) 

VS. 	 ORDER FOR INTERIM PAYMENT FOR 

REPRESENTATION OF COUNSEL 

PURSUANT TO THE CRIMINAL 

JUSTICE ACT 18:3006(A) 

Because of the complexity of the case, the expected length of pretrial preparation, the length 

of the trial, and the anticipated hardship of counsel in undertaking representation full-time for 

such a period without compensation, in accordance with section 230.73.10 of the Guidelines for 

the Administration of the Criminal Justice Act, the following procedures for interim payments 

shall apply during the course of your representation in this case: 

1. SUBMISSION OF VOUCHERS 

Counsel shall submit to the Court Clerk, once each month, an interim CJA Form io 

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

reimbursable expenses incurred from the first to the la:;t day of each month shall be claimed on 

an interim voucher submitted no later than the fifth day of the following month, or in the first 

business day thereafter. The first interim voucher submitted shall reflect all compensation 

claimed and reimbursable expenses incurred from the dale of appointment to Ha.-l( IS; ;L.o II 

and shall be submitted no later thanJU I'J e. ~ ;t 0 II ; thereafter, the 

vouchers shall be submitted once each month according to the schedule outlined above. 

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Each voucher shall be numbered in series in Box 22 and include the time period it covers in Box 

19. All interim vouchers shall be supported by detailed and itemized time and expense 

statements. Chapter 2, Part C of the Guidelines for the Administration ofthe Criminal Justice 

Act outlines the procedures and rules for claims by CJA attorneys and should be followed 

regarding each voucher. 

The Court will review the interim vouchers when submitted, particularly with regard to the 

amount oftime claimed, and will authorize compensation to be paid for four-fifths (80%) of the 

approved number of hours. The Court will also authorize payment for all reimbursable expenses 

reasonably incurred. 

At the conclusion ofrepresentation, counsel should submit a final voucher seeking payment of 

the one-fifth (20%) balance withheld from the earlier interim vouchers. The final voucher shall 

be labeled as such in Box 22 and shall set forth in detail the time and expenses claimed for the 

entire case, including all appropriate documentation. After reviewing the final voucher, the 

Court will submit it to the Chief Judge of the Circuit or his or her designee for review and 

approval. 

2. REIMBURSABLE EXPENSES 

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

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 $800 without PRIOR approval of the Court. Such approval may be sought by 

submitting the CJA 21 to the Clerk with supporting documentation attached ifdeemed necessary, 

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stating the nature ofthe 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, the Court will authorize counsel to incur 

it. Recurring expenses, such as telephone calls, photocopying and photographs, which aggregate 

more than $800 on one or more interim vouchers are not considered single expenses requiring 

Court approval. 

, \ 

With respect to travel outside of the city-county-state for the purpose of consulting with the 

client or his or her former counsel, interviewing witnesses, etc., the $800 rule should be applied 

in the following manner. Travel expenses, such as, 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 $800, the travel should receive PRIOR 

authorization of the Court. The following additional guidelines may be helpful: 

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

applicable rate (check with the Clerk's office for current rates) , plus parking fees, ferry fees, and 

bridge, road and tunnel tolls. Transportation other than by privately owned automobile should be 

claimed on an actual expense basis. If travel is authorized, arrangements can be made at 

Government rates through Omega World Travel. Please contact the C.J .A. administrator in the 

Clerk's office for additional guidance. Air travel in "first class" is prohibited. 

(b) Actual expenses incurred for meals and lodging while traveling during the course of 

representation must conform to the prevailing limitations placed upon travel and subsistence 

expenses of federal judiciary employees in accordance with existing government travel 

regulations. For specific details concerning high-cost areas, counsel should consult the Clerk. 

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

expenses ifreasonably 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 services of subpoenas on fact witnesses are not reimbursable, 

but rather are governed by Rule 17 F.R.Crim.P. and 28 U.S.C.§1825. 

3. FURTHER QUESTIONS OR GUIDANCE 

Answers to questions concerning services under the Criminal Justice Act, can generally be 

found in (1) 18 U.S.C. 3006(A); (2) the Plan ofthe United States District Court for the District of 

New Jersey; (3) Appendix I to the Criminal Justice Act Plan; and (4) Guidelines for the 

Administration ofthe Criminal Justice Act, published by the Administrative Office ofthe U.S. 

Courts. Should these references fail to provide the desired clarification or direction, counsel is 

directed to contact the Clerk's office, specifically, Anna Conn , CJA Administrator at 

DATE:~(Y_to_'-_I_'__ 


APPROVED 

THOMAS 

-r:1L£ 

I. V ANASKIE, 

V~ JUDGE 


UNITED STATES COURT OF APPEALS 


FOR THE THIRD CIRCUIT 


(Rev. 10/2010) 

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