Current Criminal Justice Act (CJA) Rates and Case Compensation Maximums

If a case is ...
The hourly rate maximum is ...
Non-Capital
$125
Capital
$178
for service prior to 1/1/2010
see History of CJA Rates

 

Waivable Case Compensation Maximums for Non-Capital Cases

[Note that there are no statutory attorney case compensation maximums for capital cases. CJA Guidelines, § 630.10.20)]

Section (d)(2) of the Criminal Justice Act, 18 U.S.C. §3006A, provides that the attorney case compensation maximums increase simultaneously by the aggregate percentage increases in the maximum hourly non-capital rate, rounded to the nearest $100.

If a case is ...
And services were completed...
Before October 13, 2008, the case maximum is...
 On or after October 13, 2008, and before March 11, 2009, the case maximum is... On or after March 11, 2009, and before January 1, 2010, the case maximum is... On or after January 1, 2010, the case maximum is ...
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 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, post-conviction 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
 


Waivable Compensation Maximums for Services other than Counsel (e.g., investigators and experts):

 Non-Capital Cases:

[Note: the maximum with prior authorization applies separately for each service provider; the maximum without prior authorization applies for each category of service.]

Case compensation maximum amounts applicable to a provider of investigative, expert, or other services for a representation if that provider's work was completed before May 27, 2010:

Without prior court authorization $500 CJA Guidelines § 310.20.20
With prior court authorization
$1,600
 CJA Guidelines § 310.20.10

Case compensation maximum amounts applicable to a provider of investigative, expert, or other services for a representation if that provider furnished any CJA-compensable work on or after May 27, 2010:

Without prior court authorization $800 CJA Guidelines § 310.20.20
With prior court authorization
$2,400
 CJA Guidelines § 310.20.10
 

Capital Cases:

For capital representations commenced, and capital appeals perfected on or after April 24, 1996, there is a waivable limit of $7,500. The $7,500 limit applies to the total payments for investigative, expert, and other services in a case, not to each service individually.

For services provided in earlier capital cases, please contact the Legal and Policy Branch Duty Day Attorney at 202-502-3030.
 

Mileage Rates:

Reimbursement for representation-related travel by privately owned automobile should be claimed at the rate currently prescribed for federal judiciary employees who use a private automobile for conduct of official business, plus parking fees, ferry fares, and bridge, road, and tunnel tolls. See History of CJA Rates for past and present rates.

Revised 6/1/2010