Show Me the Money! TIPS, TRICKS AND BEST PRACTICES FOR OBTAINING - - PowerPoint PPT Presentation

Show Me the Money!

TIPS, TRICKS AND BEST PRACTICES

FOR

OBTAINING THE RESOURCES YOU NEED

AND

GETTING PAID

NEW CASE ASSIGNMENT

• Voluminous E-Discovery
• Extensive Title III Wiretaps
• Multi-lingual Discovery
• Extensive Mitigation
• Potential to Share CJA Providers
• Do I need a Case Budget?

BUDGETING PROCESS

• Case budgeting “encouraged” in cases expected to

exceed 300 attorney hours or $39,600 per CJA defendant.

• Court usually initiate process, but appointed

counsel can also do so.

• Budgets are submitted ex parte.
• Case Budgeting Worksheets (Forms CJA 28A-28H)

are available at FD.org.

• Contact Case Budgeting Attorney for assistance.

CASE BUDGETING ATTORNEY (“CBA”)

CLARKE DEVEREUX

CASE BUDGETING ATTORNEY 7th & 8th CIRCUITS (312) 818-6618

clarke_devereux@ca7.uscourts.gov

CBA Role & Resources

• Assist Appointed Counsel in the Efficient & Effective

Representation of CJA Clients.

• Review Budget Proposal Drafts.
• Assist in Locating Experts and Non-Expert CJA Providers.
• Provide an Advisory Opinion regarding CJA related

issues.

• Provide you with Budget Templates from Similar Cases.

Reasons a case may go over a previously approved budget

• Superseding Indictment
• Additional Witnesses
• Large Amounts of Additional

Discovery

• Challenging Client
• Going to Trial

AMENDING THE CASE BUDGET

Ex Parte Motion Should be filed when either the attorney budget or CJA provider budget has 20% remaining. Detail why more money is necessary in a logical, concise manner. Do not wait to seek more funds after you have exhausted your budget.

CJA EXPERTS OR

Is it a waste of time and CJA Funds to attack the fundamental aspects of the government’s case via CJA Experts and/or Investigators?

Who are you to question the integrity of the government’s case?

FINDING AN EXPERT OR NON- EXPERT CJA PROVIDER

• Call Fellow CJA Panel Counsel for either

Recommendations or Warnings as to CJA Providers.

• Contact Case Budgeting Attorney for CJA Providers used

in Similar Cases.

• Contact the Federal Defender for either the District of

Kansas or the Western District of Missouri for their advice.

• Diligence
• Details
• Indispensability

Requesting an Expert from the Court

• Dilig

iligence: Lay out for the Court how you picked this Expert and the actions you took to make sure you hired the best expert at the best hourly rate.

• Details: Curriculum Vitae attached, hourly rate, number
• f hours requested & total amount of CJA funds

requested - whether you can share the cost of the expert with co-counsel.

• Indispensability: Why your case and the particular type
• f evidence against your client demands that an expert
• f this type be appointed.

Requesting an Expert from the Court

Ex Parte Request

18 U.S.C.A. 18 U.S.C.A. § 3599( 99(f) Upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or the sentence, the court may authorize the defendant's attorneys to obtain such services on behalf of the defendant and, if so authorized, shall order the payment of fees and expenses therefor under subsection (g). No e ex parte p e proceed eding, communi unication, n, o

• r r

reque quest m may be cons nside dered p d pursua uant t to t this s section unless a a proper s showing ng i is made de c conc ncerni ning ng t the n need f d for conf nfide dentiality. Any such proceeding, communication, or request shall be transcribed and made a part of the record available for appellate review.

EXPERTS & eVOUCHER

See “How to Create a Provider Authorization” on WDMO website:

• Sign onto eVoucher
• Click on the case
• Click on “AUTH”
• Fill in CJA Expert info
• Attach Ex Parte

motion and submit

Guide t to

• Judicia

iciary P Pol

• lic

icy, V , Volume 7 7A

§ 230.73 I Inter terim P Paymen ents to to C Counsel el § 230.73. 73.10 N 10 Non-Death P Pen enalty ty Cases (a) W Wher ere e it is consider ered ed n neces essary a and a appropriate i e in a spec ecific case, e, t the presiding g trial j judge m e may arrange f for periodic o

• r inter

terim p paymen ents ts to to c counsel el. (b) ) Appx 2 2C (Proced edures es f for I Inter terim P Paymen ents to to C Counsel el i in Non-Dea eath th P Penalty C Cases es) ) contains i instructi tions o

• n t

the proced edures f for e effec ecting i inter terim p payments to to counsel el, and a sample m e mem emorandum o

• rder

er on t this s subjec ect t t that p provides es f for t two a alter ternati tive e payment m met ethods. (c) T The paymen ent o t options p provided ed i in Appx 2 2C are d e design gned ed to to s strike a e a balance e bet etween en the i inter teres est i in relieving g court-appointed a attorneys o

• f f

financial hardships i in exten ended ed o

• r

com

• mple

lex c cases, and t the prac actic ical a al applic ication ion o

• f t

the s statutoril ily y imp mpos

• sed r

responsibilit ity o

• f

the chief j judge e of t the c e circuit to to p provide a e a meaningfu gful r rev eview o w of c claims f for e exces ess compen ensation. (d) O Other er i inter terim p paymen ent arrangem emen ents ts w which e effectu tuate e this b balance m e may b be dev evised ed in consultation w with the A AO' O's D Defen ender er Services es O Office. e.

CJA VOUCHERS & FINAL PAYMENT

• Timely submission of CJA voucher within 60 days of case

disposition.

• Voucher entries should have enough detail (not “Review

discovery” or “Legal research”) to allow meaningful review.

• Time entry increments rounded to 1/10 of an hour.
• CJA Excess Compensation Memo should detail the work

completed and why that work was necessary.

• In re Carlyle, 644 F.3d 694, 699 (8th Cir. 2011)

“Carlyle’s contributions in Clay’s service are important and

• appreciated. But

t it t must b t be remembered th that C t CJA s service is fi first t a professional r responsibility, a and no lawyer i is enti titl tled t to fu full compensation for s services f for th the public g good.”

CJA VOUCHER QUESTIONS

• Check eVoucher or call the CJA clerk

MO-W: Teresa Harrison 816-512-5066 KS: Dana Burton (985-246-6010) or Laura Shaneyfelt (316-761-3652)

• Call the Case Budgeting Attorney

Clarke Devereux (312-818-6618)

• Call your CJA Representative

MO-W: Shazzie Naseem 816-627-0264 KS: Melanie Morgan 816-471-6694 (Nat’l CJA Panel Rep)

• Defender Services Legal and Policy Duty Attorney

(202-502-3030)