s .. .~ 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

UNITED STATES OF AMERICA 

VS. 


THOMAS LEONARDIS 


SALVATORE LAGRASSO 


ANTHONY ALfANO 


TONINO COLANTONIO 


JOHN HARTMANN 


CR. NO. 10-00851 (DMe) 

ORDER FOR INTERIM PAYMENT FOR 

REPRESENT A TION 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 20 

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

reimbursable expenses incurred from the first to the last 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 date of appointment to May 1, 

2011 and shall be submitted no later than Nay 15, 2011 ; thereafter, the 

vouchers shall be submitted once each month according 10 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 

J9. All interim vouchers shall be supported by detailed and itemized time and expense 

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

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

regarding each voucher. 

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

amount of time claimed, and will alllhorize compensation to be paid tor tour-fifths (80'%) of the 

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

reasonably inclined. 

At the conclusion of representation, counsel should submit a Ilnal 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 tonh in detail the time and expenses claimed for the 

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

Coun \",ill submit it to the ChiefJudge of the Circuit or his or her designee for review and 

approval. 

2. RETJVIBURSABLE EXPE~SES 

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

representation. While the statute and applicable !1lles 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 approvaJ of the Court. Such approval may be sought by 

submitting the CIA 21 to the Clerk with supporting documentation attached if deemed necessary, 

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stating the natme 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 i!! camera, if 

necess3ry. Upon finding that the expense is 1,(~3sonable, 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 ci ly-county-state for the purpose of consulting with the 

client or his or her fonner 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 rel3ted travel by pri\'ately 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 l1lnnel 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 

Govell1ment rates through Omega World Travel. Please contact the C.J.A. administrator in the 

Clerk's office for additional gllidance. Air lI'avel 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 roll calls, telegrams, photocopying and photographs can all be reimbursable 

expenses if reasonably incurred. However, general office overhead, sllch as rent, 

secretarial help and telephone service, is not a reimbursable expense, nor are items of a personal 

nature. In addition, expenses for services ofsubpocllas on 1:'1ct 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 (I) 18 U.S.c. 3006(,1,,); (2) the Plan of the United States District COlin for the District of 

New Jersey; (3) Appendix I ro the Criminal Justiee !\cr Plan; and (4) Guidelines for the 

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

COLlnS. Should these references C'1i I to provide the desired c lari fication or direction, counsel is 

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

(609) 989-2:198 ill Trenron. 

DATE: ____ ·~Y/llr ~~ 

DATE: 4-1- JI 


Dennis M. avanaugh 

APPROVED U.S. District Judge 

THOfvlAS 

--r::i?-

1. VANASKIE, 

r~ JUDGE 


UNTTED STATES COURT OF APPEALS 


FOR THE THIRD CfRCUfT 


(Rev. 10/2010) 

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