|
If a case is ...
|
The hourly rate maximum is ...
|
| Non-Capital |
$155
|
| Capital |
$197
|
| for service prior to 1/1/2021 |
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...
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| On or after May 5, 2017, the case maximum is ... | On or after March 23, 2018, the case maximum is ... | On or after February 15, 2019, the case maximum is ... | On or after January 1, 2020, the case maximum is ... | On or after January 1, 2021, the case maximum is ... | |
| Felony (including pre-trial diversion of alleged felony) |
$10,300
|
$10,900
|
$11,500
|
$11,800
|
$12,100
|
| Misdemeanor (including pre-trial diversion of alleged misdemeanor) |
$2,900
|
$3,100
|
$3,300
|
$3,400
|
$3,400
|
| Proceeding under 18 U.S.C. § 4106A |
$2,200
|
$2,300
|
$2,500
|
$2,500
|
$2,600
|
| Proceeding under 18 U.S.C. §§ 4107 or 4108 (for each verification proceeding) |
$2,900
|
$3,100
|
$3,300
|
$3,400
|
$3,400
|
| Proceeding under 18 U.S.C. § 983 |
$10,300
|
$10,900
|
$11,500
|
$11,800
|
$12,100
|
| Post-conviction proceeding under 28 U.S.C. §§ 2241, 2254 or 2255 |
$10,300
|
$10,900
|
$11,500
|
$11,800
|
$12,100
|
| Proceeding under 28 U.S.C. § 1875 |
$10,300
|
$10,900
|
$11,500
|
$11,800
|
$12,100
|
| 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) |
$7,300
|
$7,800
|
$8,200
|
$8,400
|
$8,600
|
| Other representation required or authorized by the CJA (including, but not limited to probation, supervised release hearing, material witness, grand jury witness) |
$2,200
|
$2,300
|
$2,500
|
$2,500
|
$2,600
|
| Appeal of other representation |
$2,200
|
$2,300
|
$2,500
|
$2,500
|
$2,600
|
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 furnished any CJA-compensable work on or after January 1, 2021:
| Without prior court authorization | $900 | CJA Guidelines § 310.20.20 |
| With prior court authorization |
$2,700
|
CJA Guidelines § 310.20.10 |
Capital Cases:
|
There should be no formal or informal non-statutory budgetary caps on capital cases, whether in a capital trial, direct appeal, or habeas matter. 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 3/17/2021