In order to be eligible for funding under the CJA, professional services to aid counsel must be necessary to ensure adequate representation of the defendant. The maximum reimbursement for expert, investigative or other professional fees incurred without prior court approval in non-capital cases is currently $800.00. (If the service provider's work on the representation was completed before May 27, 2010 see CJA Guideline § 310.20.10 (a) for maximum reimbursement amounts.) In rare instances, the court can waive this limit for fees that the court finds could not wait for prior authorization. In order to avoid the $800.00 limit, you should seek authorization early on in your case, before incurring any expenses. Prior authorization by the presiding judge currently allows you to contract for up to $2,400 in fees in non-capital cases. (If the service provider's work on the representation was completed before May 27, 2010, see CJA Guideline § 310.20.30(a) for maximum reimbursement amount s.) Expenses incurred by investigators, experts and other professionals are also reimbursable and do not count against the fee maximums. If you know that the amount of the expert fees is probably going to exceed the $2,400.00 limit you will need to apply to the presiding judge for certification that funds in excess of the maximum are necessary. This request is forwarded to the Chief Judge of your Circuit Court of Appeals, who holds approval authority.
Note that the procedure for requesting authorization to obtain computer hardware, software, or litigation support services also includes prior consultation with the National Litigation Support Team of the Office of Defender Services. See § 320.70.40 of the CJA Guidelines for further details.
The CJA anticipates that the application for funds for expert, investigative and other professional fees will be made ex parte. It states that the presiding judge must seal the request and order and may not disclose the application without the defendant's approval.
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