Transcript Voucher Justification: The Devil is in the Details…. and the Magic Words!

Voucher
Justification:
The Devil is in the Details….
and the Magic Words!
Thomas P. McNamara, Federal Public Defender/EDNC
Donna A. Stiles, Panel Administrator/EDNC
Voucher Process Overview:
UNDER Statutory Maximum
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Case assigned, voucher produced and sent to Clerk’s Office for
signature, voucher sent to attorney of record.
Voucher sits in the attorney’s file until the end of the attorney’s
involvement in the case.
Voucher is completed and sent to the FPD Office with the
necessary time sheets and supporting documentation.
Voucher is reviewed for technical and mathematical accuracy.
Voucher is reviewed for reasonableness.
Voucher is sent to the presiding Judge for review and approval.
Approved voucher is sent to the Clerk’s Office where it is
processed and marked for payment.
A check is cut and sent to the attorney!
Voucher Process Overview:
OVER Statutory Maximum
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Case assigned, voucher produced and sent to Clerk’s Office for signature,
voucher sent to attorney of record. Voucher sits in the attorney’s file until
the end of the attorney’s involvement in the case.
Voucher is completed and sent to the FPD Office with the necessary time
sheets and supporting documentation – including a detailed justification
letter and, in most cases,a CJA 26 Form.
Voucher is reviewed for technical and mathematical accuracy.
Voucher is reviewed for reasonableness and a memo is included to give
additional support for recommendation of payment in excess of the
statutory maximum.
Voucher is sent to the presiding Judge for review and approval. An
additional letter is included from the District Court Judge giving additional
support for recommendation of payment in excess of the statutory
maximum.
Voucher is sent to the Chief Judge of the Fourth Circuit for approval.
Approved voucher is sent to the Clerk’s Office where it is processed and
marked for payment.
A check is cut and sent to the attorney!
Is Your Fee Under or Over the Statutory
Maximum?
In-Court Fee
+
Out-of-Court Fee
=
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Fee Total
+
Reasonable Expenses
=
Voucher Total
CJA 20 Vouchers
Representation Type
Statutory Fee Maximum
Target letter, Witness, Rule Fee Amounts Up to $1,800
35, Supervised Release
for In-Court and Out-of-Court
Revocation, etc.
Fee total, exclusive of
reasonable expenses.
Fee Amounts Over $1,800,
exclusive of reasonable
expenses.
What You Need to
Submit
- Original GREEN CJA 20
voucher, signed by the Clerk of
Court in Box 13;
- In-Court, Out-of-Court, and
Expense Worksheets;
- Rate Change Worksheet (if
necessary); and
- Supporting Documentation
as necessary (i.e. Receipts)
- All of the above; plus
- CJA 26 Form and
-- Justification Letter
[addressed to the Judge, but sent
with your voucher package to the
FPD Office].
CJA 20 Vouchers (continued)
Representation Type
Plea, Trial, Re-Trial,
Motions Attacking
Sentence (Evidentiary
Hearing), etc.
Statutory Fee Maximum
What You Need to
Submit
Fee Amounts Up to $8,600
for In-Court and Out-of-Court
Fee total, exclusive of
reasonable expenses.
- Original GREEN CJA 20
voucher, signed by the Clerk of
Court in Box 13;
- In-Court, Out-of-Court, and
Expense Worksheets;
- Rate Change Worksheet (if
necessary); and
- Supporting Documentation
as necessary (i.e. Receipts)
Fee Amounts Over $8,600,
- All of the above; plus
- CJA 26 Form and
-- Justification Letter
[addressed to the Judge, but sent
exclusive of reasonable
expenses.
with your voucher package to the
FPD Office].
Did you know?
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Judges really don’t like surprises.
If you find during that course of your representation
that your voucher is likely to exceed the statutory
maximum prior to the completion of the case, you
should write a letter to the judge giving them a
“heads up.” Include a copy of this letter in your
voucher package when you submit it to the FPD
Office at the end of the case.
Keep Up With The Rates
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Be mindful of the current hourly rates and
mileage rates – they have changed several
times in the last year.
We send an e-mail, along with updated
worksheets, every time the rates change.
If your staff prepares your vouchers, please
forward this information, and the forms, to
them.
Recent Changes to Hourly Fee
and Mileage Rates
Dates
Rates per
Hour
Dates
Rates per
Mile
1/1/06 to
5/19/07
$92
2/1/07 to
3/18/08
$.485
5/20/07 to
12/31/07
$94
3/19/08 to
7/31/08
$.505
1/1/08 to
3/10/09
$100
8/1/08 to
1/31/09
$.585
3/11/09 to
date
$110
2/1/09 to
date
$.55
Recent Changes to Statutory Maximums
By Case Type
Dates
Felony
Misdemeanor
Other
On or Before
10/12/08
$7,000
$2,000
$1,200
10/13/08 to
3/10/09
$7,800
$2,200
$1,7.00
3/11/09 to date
$8.600
$2,400
$1,800
A Word (or 12) About MultiAttorney Representations…
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FACT: When more than one panel attorney is involved in the
representation of a defendant, there will be more than one
voucher submitted.
FACT: We cannot submit any voucher in the case to the Judge
until we have received all the vouchers for the case…generally.
FACT: Being the first or second (or third) attorney involved in
one of these cases is a major inconvenience.
FACT: Multiple attorney cases are a major headache for us,
too!
Tips for Multiple Attorney Cases
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Submit your voucher as soon as your work in the case is
completed, whether you’re the first, the second or the last panel
attorney.
Assume (I know…I don’t like that word either) the combined total of all
vouchers submitted in the case will exceed the statutory
maximum. Even if your voucher does not exceed the limit, you
should consider including a letter explaining your work in the
case. This will save you the hassle of having to submit a letter
long after you’ve closed your file.
Patience is a virtue, but enough is enough. If each attorney
involved in multiple attorney cases would submit their voucher,
a letter, the worksheets, any supporting documentation, use the
correct hourly and mileage rates for the dates of service and
make sure their math is correct, the process would move more
quickly.
Justification Letters
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The Magic Words:
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The case was extended; and/or
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The case was complex; and
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Excess payment is necessary to provide fair
compensation.
According to the Guide to Judiciary Policies and Procedures,
Volume VII, Chapter 2, Section 2.22(B)3 (emphasis added):
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B. (3) Waiving Case Compensation Maximums. Payments in excess of CJA
compensation maximums may be made to provide fair compensation in cases
involving extended or complex representation when so certified by the court or
United States magistrate judge and approved by the chief judge of the circuit….
In determining if an excess payment is warranted, the court or United States
magistrate judge and the chief judge of the circuit … should make a threshold
determination as to whether the case is either extended or complex. If the legal or
factual issues in a case are unusual, thus requiring the expenditure of
more time, skill and effort by the lawyer than would normally be required
in an average case, the case is "complex." If more time is reasonably
required for total processing than the average case, including pre-trial and
post-trial hearings, the case is "extended."
After establishing that a case is extended or complex, the approving
judicial officer should determine if excess payment is necessary to provide
fair compensation. The following criteria, among others, may be useful in
this regard: responsibilities involved measured by the magnitude and
importance of the case; manner in which duties were performed;
knowledge, skill, efficiency, professionalism, and judgment required of and
used by counsel; nature of counsel's practice and injury thereto; any
extraordinary pressure of time or other factors under which services were
rendered; and any other circumstances relevant and material to a
determination of a fair and reasonable fee.
According to the Guide to Judiciary Policies and Procedures,
Volume VII, Chapter 2, Section 2.22(C)2 (emphasis added):
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C. (2) Claim for More than the Case Compensation Maximum. In any case
in which the total compensation claimed is in excess of the statutory case
compensation maximum,
counsel shall submit with the voucher a detailed
memorandum supporting and justifying counsel's claim that
the representation given was in an extended or complex
case, and that the excess payment is necessary to provide
fair compensation.
Upon preliminary approval of such claim by the presiding judicial officer,
the court should furnish to the chief judge of the circuit a memorandum
containing its recommendation and a detailed statement of reasons.
Finally, Remember…
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In Real Estate it’s…
LOCATION
LOCATION
LOCATION
In Voucher Justification it’s…
DETAILS
DETAILS
DETAILS
Details
Details
Details
Details
Details
Details
Details
Details
Details
Details
Details
Details
Details
Questions:
 Web: http://nce.fd.org
 Thomas P. McNamara: 919-856-4236
 Donna A. Stiles: 919-857-9085, or
[email protected]