SECTION A: GUIDELINES FOR THE ADMINISTRATION OF THE CRIMINAL JUSTICE ACT AND RELATED STATUTES

INTRODUCTION

Pursuant to approval of the Judicial Conference of the United States, the
Guidelines for the Administration of the Criminal Justice Act and
Related Statutes are provided.

Questions concerning the Guidelines and suggestions for improvement of the information should be directed to:

Office of Defender Services
Administrative Office of the U.S. Courts
Washington, DC 20544

202-502-3030

TABLE OF CONTENTS

Chapter I. CRIMINAL JUSTICE ACT AND RELATED STATUTES

CRIMINAL JUSTICE ACT (PUBLIC LAW 88-455, APPROVED AUGUST 20, 1964), TITLE 18, UNITED STATES CODE, SECTION 3006A, AS AMENDED BY PUBLIC LAW 90-578, APPROVED OCTOBER 17, 1968; PUBLIC LAW 91-447, APPROVED OCTOBER 14, 1970; PUBLIC LAW 93-412, APPROVED SEPTEMBER 3, 1974; PUBLIC LAW 97-164, APPROVED APRIL 2, 1982; PUBLIC LAW 98-473, APPROVED OCTOBER 12, 1984, PUBLIC LAW 99-651, APPROVED NOVEMBER 14, 1986; PUBLIC LAW 100-182, APPROVED DECEMBER 7, 1987; PUBLIC LAW 100-690, APPROVED NOVEMBER 18, 1988; PUBLIC LAW 104-132, APPROVED APRIL 24, 1996; PUBLIC LAW 105-119, APPROVED NOVEMBER 26, 1997; PUBLIC LAW 106-113, APPROVED NOVEMBER 29, 1999; PUBLIC LAW 106-518, APPROVED NOVEMBER 13, 2000; PUBLIC LAW 108-447, APPROVED DECEMBER 8, 2004

18 U.S.C. § 3005 (ACT OF JUNE 25, 1948, CHAPTER 645, 62 STAT. 814), AS AMENDED BY PUBLIC LAW 103-322, APPROVED SEPTEMBER 13, 1994

SELECTED PROVISIONS OF THE ANTI-DRUG ABUSE ACT OF 1988, PUBLIC LAW 100-690, CODIFIED IN PART IN TITLE 21, UNITED STATES CODE, SECTION 848(q), APPROVED NOVEMBER 18, 1988, AS AMENDED BY THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996, PUBLIC LAW 104-132, APPROVED APRIL 24, 1996

SELECTED PROVISIONS OF THE CIVIL ASSET FORFEITURE REFORM ACT OF 2000 (PUBLIC LAW 106-185, APPROVED APRIL 25, 2000), CODIFIED IN PART IN TITLE 18, UNITED STATES CODE, SECTION 983

Chapter II. APPOINTMENT AND PAYMENT OF COUNSEL

Part A. Eligibility for Representation Under the Act

2.01      District Plans

2.02      Criminal Justice Act Forms

2.03      Fact-finding

2.04      Standards for Eligibility

2.05      Partial Eligibility

2.06      Family Resources

Part B. Appointment of Counsel

2.10      Appointment of Counsel to Represent More Than One
Individual in a Particular Case

2.11      Compensation of Co-Counsel

2.12      Continuity of Representation

2.13      Other Appointments

2.14      Appointment of Counsel in Habeas Corpus and
Proceedings under Section 2255, Title 28, United States Code

2.15      Forms for the Appointment of Counsel

2.16      Waiver of Counsel

2.17      Standby Counsel

2.18      Termination of Appointment

2.19      Federal Defender Organizations

Part C. Compensation and Expenses of Appointed Counsel

2.20      Forms to be used

2.21      Time Limits

2.22      Limitations

2.23      Prior Authorization by Court to Counsel
to Incur Expenses

2.24      Proration of Claims

2.25      Substitution of Counsel

2.26      Travel Time

2.27      Reimbursable Out-of-Pocket Expenses

2.28      Non-reimbursable Items

2.29      Writ of Certiorari

2.30      Interim Payments to Counsel

2.31      Record Keeping

Chapter III. AUTHORIZATION AND PAYMENT FOR INVESTIGATIVE, EXPERT
OR OTHER SERVICES

Part A. General

3.01      Availability

3.02      Limitations

3.03      Ex Parte Applications

3.04      Claims for Services Other than Counsel

3.05      Forms for the Authorization and
Payment for Services Other than Counsel

3.06      Interim Payments

3.07      Review of Vouchers

Part B. Policies Regarding Investigative, Expert and Other Services

3.10      Investigators

3.11      Psychiatrists, Psychologists
Summary Chart - Responsibility for
Payment of Psychiatric and Related Expert Services

3.12      Transcripts

3.13      Fact Witnesses and Depositions

3.14      Guardian Ad Litem

3.15      Commercial Computer-Assisted Legal Research Services

3.16      Other Services and Computer Hardware and Software

3.17      Reimbursement of Expenses

Chapter IV. DEFENDER ORGANIZATIONS

4.01      Statutory Authority

4.02      Types of Defender Organizations

4.03      Transcripts, Investigative, Expert and Other Services

4.04      Assignment of Cases

4.05      Apportionment of Cases Between Defender
Organizations and the Panel

4.06      Participation as Amicus Curiae

Chapter V. MISCELLANEOUS PROCEDURES

5.01 Procedures for the Release of Information Pertaining
to Activities Under the
Criminal Justice Act and Related Statutes

5.02 Annual Report of Attorneys Claiming Compensation
for More Than One Thousand Hours

Chapter VI.   REPRESENTATION IN FEDERAL DEATH PENALTY
                     CASES AND IN FEDERAL CAPITAL HABEAS
                     CORPUS PROCEEDINGS

6.01      Appointment of Counsel in Capital Cases

6.02      Compensation of Appointed Counsel in Capital Cases

6.03      Authorization and Payment for Investigative,
Expert and Other Services in Capital Cases

Appendix A -		Criminal Justice Act Forms

Appendix B -		Location Codes

Appendix C -		Suggested Form for Advance Authorization for Investigative, Expert or Other Services
		Model Order Authorizing the Acquisition of Computer [Hardware and/or Software] Under the Criminal Justice Act

Appendix D -		Community Defender Organization: Grant and Conditions

Appendix E -		Interim Payments to Counsel In non-death penalty cases In death penalty cases

Appendix F -		Interim Payments for Services Other than Counsel In non-death penalty cases In death penalty cases (commenced or appeal perfected before 4/24/96) In death penalty cases (commenced or appeal perfected on or after 4/24/96)

Appendix G -		Model Criminal Justice Act Plan Model Plan for the Composition, Administration and Management of the Panel of Private Attorneys under the Criminal Justice Act

Appendix H -		Insanity Defense Reform Act of 1984

Appendix I -		Federal Death Penalty Cases
		Recommendations adopted by the Judicial Conference, and accompanying commentary, from the report of the Defender Services Committee’s Subcommittee on Federal Death Penalty Cases entitled, Federal Death Penalty Cases: Recommendations Concerning the Cost and Quality of Defense Representation

Section B.		Regulations for the Appointment of Counsel and Guardians Ad Litem Pursuant to a Prisoner Transfer Treaty (18 U.S.C. § 4109(a)(2) and (b)) General Provisions Appointment of Counsel and Guardians ad litem in Prisoner Transfer Proceedings to the United States Compensation and Reimbursement of Expenses Appendix A Appendix B Appendix C Appendix D Appendix E