| If a case is... | The hourly rate maximum is... |
| Non-Capital | $125 |
| Capital | $178 |
| for service prior to 1/1/2010 | see History of CJA Rates |
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.
| If a case is a... | And services were completed... | |||
| Before October 13, 2008, the case maximum is... | On or after October 13, 2008, and before March 11, 2009, the case maximum is... | On or after March 11, 2009, and before Janurary 1, 2010, the case maximum is... | On or after Janurary 1, 2010, the case maximum is... | |
| Felony (including pre-trial diversion of alleged felony) | $7,000 | $7,800 | $8,600 | $9,700 |
| Misdemeanor (including pre-trial diversion of alleged misdemeanor) | $2,000 | $2,200 | $2,400 | $2,800 |
| Proceeding under 18 U.S.C. § 4106A | $1,500 | $1,700 | $1,800 | $2,100 |
| Proceeding under 18 U.S.C. §§ 4107 or 4108 (for each verification proceeding) | $2,000 | $2,200 | $2,400 | $2,800 |
| Proceeding under 18 U.S.C. § 983 | $7,000 | $7,800 | $8,600 | $9,700 |
| Post-conviction proceeding under 18 U.S.C. §§ 2241, 2254 or 2255 | $7,000 | $7,800 | $8,600 | $9,700 |
| Proceeding under 28 U.S.C. § 1875 | $7,000 | $7,800 | $8,600 | $9,700 |
| Appeal (from felony, misdemeanor, proceeding under 18 U.S.C. § 4106A ,18 U.S.C. § 983, post-conviction proceeding under 18 U.S.C. §§ 2241, 2254 or 2255, and 28 U.S.C.§ 1875) | $5,000 | $5,600 | $6,100 | $6,900 |
| Other representation required or authorized by the CJA (including, but not limited to probation, supervised release hearing, material witness, grand jury witness) | $1,500 | $1,700 | $1,800 | $2,100 |
| Appeal of other representation | $1,500 | $1,700 | $1,800 | $2,100 |
Waivable Compensation Maximums for Services other than Counsel (e.g., investigators and experts):
| With prior court authorization | $1,600 | CJA Guidelines 3.02 |
| Without prior court authorization | $500 | CJA Guidelines 3.02 |
Capital Case:
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. For services provided in earlier capital cases, please contact the Legal and Policy Branch Duty Day Attorney at 202-502-3030. |
Last revised December 22, 2009