CJA Information Center - Frequenstly Asked Questions (FAQs)
  1. Can my associate come to court with me and can I charge for his/her in court time?
  2. Can I bill for a law student or paralegal working at my firm?
  3. If the procedure we have been using is very similar to the worksheet and the procedure used now, may we still use our former procedure?
  4. I don't keep worksheets like the ones the court has, what do I do?
  5. Can I make photocopies of my voucher and submit those?
  6. My voucher and worksheets contain quarter hours (3.25, 6.75 etc.).  Is this a problem?
  7. My claim is more than $5200 (or $7,000 after 12/8/04), what will happen?
  8. I  have obtained the services of an investigator or expert and the fees are more than $300 (or $500 after 12/8/04).  What should I do?
  9. I have expenses that are more than $50.  What do I do?
  10. I have an interpreter who has gone to the prison with me on more than one occasion.  I receive separate invoices from her/him.  Can I submit these on separate vouchers or do I have to submit everything together as one claim?
  11. I want my vouchers paid to my firm and not to me - what do I do?
  12. My social security number is showing up on the check stub when I wanted payment made to my firm's EIN.  The firm's EIN also shows up - what do I do?
  13. How long is it going to take for me to get my money?
  14. Do I have to submit a memorandum in support of my voucher?
  15. I finished a case last year and I just realized that I never submitted my claim - may I do it now?
  16. I want to travel outside the state to interview witnesses -  can I do it and how do I get paid?
  17. My client needs clothes, a haircut and personal items so s/he looks presentable when appearing at court.  I have already purchased them and would like to be reimbursed.  Can I claim these as expenses on my voucher?
  18. In order to get my client out on bond, his property was used as surety.  I needed to have a title exam done before the U.S. Attorney's Office would accept the papers.  I would like to be reimbursed and want to claim this as an expense.  May I?
  19. I discovered that my client has some assets and I'm CJA, what do I do?
  20. I  handled the appeal and now the case is back for re-sentencing.  Do I continue to use the voucher I had the first time?
  21. My client wants to retain me as private counsel.  Can I accept a retainer and act as retained counsel when I was initially appointed as long as I do not collect CJA funds?
1.    Can my associate come to court with me and can I charge for his/her in court time?

The regulations allow for the assistance of a partner or associate;  however, if you bill for compensation, separate worksheets must be submitted for the associate or partner, and overlapped times/dates must be explained in a memorandum in support of the claim.  The associate or partner must also enter an appearance with the consent of the court.

2.    Can I bill for a law student or paralegal working at my firm?

Yes, but only for research and writing claims and this must be entered under "other expenses" on your CJA 20 claim.  You may not claim time for anything other than this.

3.    If the procedure we have been using is very similar to the worksheet and the procedure used now, may we still use our former procedure?

You must use the court's generated CJA forms for claims but you may use a worksheet either supplied by the court or one in a format substantially similar to the court's form.  Chronological entries which are not categorized will not be accepted as documentation.

4.    I don't keep worksheets like the ones the court has, what do I do?

Get copies of the court's worksheets and start using them.  Records which are not kept in a substantially similar way will be returned to you unprocessed.

5.    Can I make photocopies of my voucher and submit those?

Yes -  the only requirement is that your signature be clearly an original, preferably in blue ink.  You will no longer receive multi-part forms.  All vouchers are now eletronically generated and are only one page.

6.    My voucher contains quarter hours (3.25, 6.75 etc.).  Is this a problem?

Yes.  Your claims can only be processed if reported in tenths of  an hour (3.25, 6.75 etc.).  If your voucher contains quarter hours, the hundreth figure will be dropped.

7.    My claim is more than $5200 (or $7,000 after 12/8/04), what will happen?

If the cumulative total COMPENSATION is greater than $5200 (or $7,000 after 12/8/04), you must complete a memorandum in support of your claim, regardless of the amount claimed on the individual voucher.  Once approved at the district level, your voucher must be sent to the circuit for additional approval.  This process takes 10 days to a few weeks to complete.  If your cumulative total is more than $5200 (or $7,000 after 12/8/04), but the compensation does not exceed that amount, your claim is not considered excess and your voucher will be approved locally.

8.    I  have obtained the services of an investigator or expert and the fees are more than $300 (or $500 after 12/8/04).  What should I do?

Any claim for investigators or other experts (listed in Block 13 of the CJA 21 Form), that is more than $300 (or $500 after 12/8/04), requires the approval of the court before the claim may be processed.  

9.    I have expenses that are more than $50.  What do I do?

Any single expense greater than $50 must be accompanied by the receipt or an affidavit from counsel explaining the claim and why there is no receipt.  EXCEPTION:  if you are traveling, any single meal expense greater than $25 must be documented with a receipt.


10.    I have an interpreter who has gone to the prison with me on more than one occasion.  I receive separate invoices from her/him.  Can I submit these on separate vouchers or do I have to submit everything together as one claim?

The interpreter should submit one claim, for all dates of service to you.  If you use different interpreters, each one should submit a separate claim.

11.    I want my vouchers paid to my firm and not to me - what do I do?

You must identify the firm as the entity which is to receive the 1099 form for IRS purposes.

12.    My social security number is showing up on the check stub when I wanted payment made to my firm's EIN.  The firm's EIN also shows up - what do I do?

Your social security number is your unique identifier.  It will appear on any payment made to you as CJA counsel.  If your firm is to receive the funds, the firm's EIN number will also be on the check stub sent by the Administrative Office.

13.    How long is it going to take for me to get my money?

We are requried to audit all claims, which involves going through every expense and compensation claim.  If your voucher is fairly simple, it will take less time to process. The more complicated the voucher, the more time it will take to audit.

14.    Do I have to submit a memorandum in support of my voucher?

If your voucher exceeds the statutory maximum for the type of representation, you must submit a memorandum or affidavit in support explaining why the claim is an excess claim.  If you do not submit this memorandum, your voucher will be returned to you unprocessed.  If the claim is under the statutory limits, there is no need for a memorandum.

15.    I finished a case last year and I just realized that I never submitted my claim - may I do it now?

Yes, but you must submit a memorandum explaining why you are submitting it more than 45 days after the completion of your representation.

16.    I want to travel outside the state to interview witnesses -  can I do it and how do I get paid?

Any travel outside the jurisdiction requires a motion to approve the travel in advance.  Once this is granted, a travel authorization will be issued for you instructing you on how to make the arrangements and through whom.

17.    My client needs clothes, a haircut and personal items so s/he looks presentable when appearing at court.  I have already purchased them and would like to be reimbursed.  Can I claim these as expenses on my voucher?

No.  These are items of a personal nature and are not reimbursable under the Criminal Justice Act.

18.    In order to get my client out on bond, his property was used as surety.  I needed to have a title exam done before the U.S. Attorney's Office would accept the papers.  I would like to be reimbursed and want to claim this as an expense.  May I?

No.  Title examinations done pursuant to a bond agreement are considered personal to the defendant and are not reimbursable to the attorney.

19.    I discovered that my client has some assets and I'm CJA, what do I do?

Bring this to the attention of the court.  If a finding is made that the defendant can pay all or part of the cost of representation, the court may enter an order directing contributions to the CJA fund.  The defendant cannot be made to reimburse the fund as part of his/her sentence.  This must be dealt with as a separate issue.

20.    I  handled the appeal and now the case is back for re-sentencing.  Do I continue to use the voucher I had the first time?

No - you will be provided with a new voucher.  This is considered a new appointment.

21.    My client wants to retain me as private counsel.  Can I accept a retainer and act as retained counsel when I was initially appointed as long as I do not collect CJA funds?

No, the Court must approve the appointment to make sure that the client understands the quality of representation would be the same under CJA appointment and to determine whether the client has assets he failed to report.