CJA Service Provider Policies & Rates

Requesting Funding for a Service Provider

Funding for service providers and experts must be requested before the service provider or expert begins working on the case. Requests for funding must be made online by submitting an “AUTH” in the eVoucher system and uploading the required supporting documentation. To request funding for an investigator, a paralegal, an expert, or associate counsel, the attached supporting documentation must include the appropriate CACD AUTH Form (CJA-01, CJA-02, CJA-03, or CJA-04) and an explanation of why the requested services are necessary for adequate representation and why compensation in the amount requested is necessary to provide fair compensation for those services under the CJA as required by 18 U.S.C. § 3006A(a) and (e)(1) and (3) and the Guide to Judiciary Policy, Vol.7, §§ 310.10.10 & 310.20.20. If authorization is not requested in advance, express approval from the presiding judge must be obtained before any nunc pro tunc payments will be processed. Nunc pro tunc funding requests should be emailed to the CJA Supervising Attorney at Lauren_Eskenazi-Ihrig@cacd.uscourts.gov, who will forward the request to the presiding judge for consideration.

Funding requests made per each category of service provider or expert that exceed the statutory maximum, currently $2,700 in non-capital cases, must be approved by the Ninth Circuit. Please keep in mind that this additional review can take two weeks or more depending on the nature of the request. Therefore, it is especially important that funding requests requiring Ninth Circuit review are made well before the services are needed.

Engagement Letter

CJA lawyers are encouraged to send each approved service provider and expert an engagement letter after funding has been approved. This letter should: (1) confirm the amount and rate approved by the Court; (2) advise that contemporary time records must be maintained and are subject to audit upon the Court’s request; and (3) advise that funding approval does not guarantee payment, as the Court may reduce payment for mathematical errors, non-compliance with the Guide to Judiciary Policy, unreasonable work performed, or excessive billing. A sample engagement letter for CJA cases is available below on this webpage.

Paying Service Providers and Experts

Once funding is authorized, the attorney must create a CJA-21 or CJA-31 in eVoucher to allow the service provider, expert, or interpreter to bill. Each time the service provider, expert, or interpreter submits a voucher for payment (CJA-21/31) in eVoucher, the attorney must review the "Defendant Detail Budget Report" to determine the amount of remaining funds available. If additional work is required, the attorney must create another CJA-21/31 to allow the service provider, expert, or interpreter to submit a supplemental voucher. If funds are low, submit a supplemental AUTH for additional funding to avoid nunc pro tunc funding issues. When submitting supplemental funding requests, make sure to link the supplemental AUTH to the initial AUTH by selecting “Request Additional Funds” under “Authorization Type Selection.” Do not select “Create New Authorization” when seeking supplemental funding.

Guide to Creating an AUTH in eVoucher

Timeliness Rules

Effective February 1, 2022, the following timeliness rules will apply to service providers and experts who work on CJA cases in the Central District of California:

INTERIM BILLING. Monthly billing is preferred, but service providers and experts must submit their interim billing in eVoucher no more than six months from the date of the first service date on their voucher. If a voucher is submitted after this six-month period, the service provider or expert must concurrently submit a letter to the CJA Supervising Attorney explaining good cause for the delay. The letter may be forwarded to the Chair of the CJA Committee for consideration.

FINAL BILLING. Service providers and experts must submit their final voucher in a case within 90 days from the earlier of the following dates: (1) final disposition of the case, frequently the date of the Judgment and Commitment; or (2) the date a service provider or expert's work has concluded. If a final voucher is submitted after this 90-day period, the service provider or expert must concurrently submit a letter to the Chair of the CJA Committee explaining good cause for the delay.

The press of business is not a valid reason for the delayed submission of interim or final vouchers.

In-Court Assistance from Service Providers

All in-court assistance from service providers require approval from the presiding judge. This can be sought during a hearing before the presiding judge or by emailing the CJA Supervising Attorney at Lauren_Eskenazi-Ihrig@cacd.uscourts.gov

Rates

CENTRAL DISTRICT OF CALIFORNIA CJA SERVICE PROVIDER HOURLY RATES
(effective July 1, 2020)

NINTH CIRCUIT APPROVED RATE RANGES FOR EXPERT WITNESSES IN CJA CASES
(effective January 31, 2022)

External Resources: 

Ninth Circuit CJA Policies and Procedures