Criminal Justice Act
Under the Criminal Justice Act, 18 U.S.C. §3006A, all persons charged with federal criminal offenses who are financially unable to obtain counsel are entitled to appointment of counsel to represent them. Each United States district court, with the approval of the judicial council of the circuit, has in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. The Guide to Judiciary Policy-Volume 7: Defender Services (Part A) outlines the role of the courts in this service.The CJA plan in the Northern District of New York is defined in the district's General Order 1.
Becoming a CJA Attorney
To become a CJA attorney you must first be admitted to the Northern District of New York. Please see our Attorney Admissions page for details. Once you are admitted we recomend you submit an Application (digital) to the court along with a writing sample.
Once your application is submitted it is reviewed by a committee known as the CJA Panel Committee. The committee will evaluate and vote on each of the applicants. Their recommendations are then reviewed and voted upon by the Board of Judges for the Northern District of New York in their quarterly meetings. The CJA attorney application process may take up to 3-4 months to complete.
After the application and review process are complete you will receive a letter and additional information from the Clerk of Court determining your status with the CJA panel. Please note - it is a privilege, not a right, to serve as a CJA panel attorney in the Northern District of New York.
Forms and Additional Links
- CJA-20 (pdf)
- CJA-21 (pdf)
- CJA-24 (pdf)
- Additional CJA Forms
- Instructions for Worksheets (pdf)
- In-Court Worksheet (pdf)
- Multi-Rate Worksheet (pdf)
- Out-of-Court Worksheet (pdf)
- Other Expense Worksheet (pdf)
- Office of Defender Services
- National CJA Voucher Reference Tool
Rates & Compensation
The current mileage rate is 56.5 cents per mile ($0.565/mile) (as of 1/1/2013)
- Mileage Rates (prior rate periods)
- Hourly Rates
- Case Compensation Maximums (Counsel & Non-Capital)
- Case Compensation Maximums (Non-Counsel & Non-Capital)
- Case Compensation Maximums (Non-Counsel & Capital)
Important Audit Information
CJA Panels of the District and Circuit Courts of the Second Circuit are required to maintain contemporaneous billing records for all work performed on CJA cases to which they have been assigned, including work performed by associates, partners, support staff, as well as expense records. CJA counsel are required to maintain these records for a period of no less than three years for audit purposes. For more information view this Notice from the court.
Hourly Rates - Current
|If case is a NON-CAPITAL case||$110.00/hr|
|If case is a CAPITAL case||$163.00/hr|
Hourly Rates - Historical
|Prior to 1/1/2000||$65||$45|
|1/1/2000 - 3/31/2001||$70||$50|
|4/1/2001 - 4/30/2002||$75||$55|
|5/1/2002 - 12/31/2005||$90||$90|
|1/1/2006 - 5/19/2007||$92||$92|
|5/20/2007 - 12/31/2007||$94||$94|
|1/1/2008 - 3/10/2009||$100||$100|
|3/11/2009 - 12/31/2009||$110||$110|
|1/1/2010 - 8/31/2013||$125||$125|
Case Compensation Maximums (Counsel & Non-Capital)
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.
|Felony (including pre-trial diversion of alleged felony)||$9700.00|
|Misdemeanor (including pre-trial diversion of alleged misdemeanor)||$2800.00|
|Proceeding under 18 U.S.C. § 4106A||$2100.00|
|Proceeding under 18 U.S.C. §§ 4107 or 4108 (for each verification proceeding)||$2800.00|
|Proceeding under 18 U.S.C. § 983||$9700.00|
|Post-conviction proceeding under 28 U.S.C. §§ 2241, 2254 or 2255||$9700.00|
|Proceeding under 28 U.S.C. § 1875||$9700.00|
|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)||$6900.00|
|Other representation required or authorized by the CJA (including, but not limited to probation, supervised release hearing, material witness, grand jury witness)||$2100.00|
|Appeal of other representation||$2100.00|
Case Compensation Maximums (Non-Counsel & Non-Capital)
**Note: with prior authorization, the maximum applies separately for each service provider; without prior authorization, the maximum applies to the aggregate compensation (excluding expenses) claimed by all services providers combined, not to each service provider individually.
|With prior court authorization||$2400.00|
|Without prior court authorization||$800.00|
Case Compensation Maximums (Non-Counsel & Capital)
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.