Computer-Assisted Legal Research

Computer-assisted legal research may be an allowable expense, provided that the total amount approved for computer-assisted legal research does not exceed the total amount of attorney compensation that reasonably would have been approved if counsel had performed the research manually.

Vouchers including requests for reimbursement of computer-assisted legal research expense must include all of the following:

• A brief statement setting forth the issue or issues that were the subject matter of the research; and
• An estimate of the number of hours of attorney time that would have been required to do the research manually; and
• A copy of the bill and receipt for the use of the equipment or an explanation of the precise basis of the charge.

Claims for Services Other than Counsel

Claims for services other than counsel, should include the following:

• A statement outlining the:
  • Type of service
  • Date of service
  • Time expended for the service
• An explanation of the fee arrangement (i.e. hourly rate, per diem rate, etc.)
• An itemized statement of all expenses for which reimbursement is claimed
• Supporting documentation for all expenses of:
  • Lodging
  • Subsistence
  • Expenses in excess of $50

Proration of Claims

The proration of claims may be appropriate. Whenever appointed counsel submit separate vouchers time spent in common on more than one indictment or case must be prorated among the indictments or cases on which the time was spent.

• Each indictment or case must be cross-referenced on the vouchers.
• Time spent exclusively on any one indictment or case may properly be charged on the voucher for that indictment or case.

Following is a table outlining appropriate prorations:

IF

WHETHER OR NOT

THEN

AND UNDER (d)(2) OF CJA

a defendant is charged in one indictment with severable counts.

the counts are severed for trial.

one voucher would be submitted

one maximum is applied.

a defendant is charged in two or more indictments.

the indictments are consolidated for trial (other than a superseding indictment or information).

a separate voucher should be submitted

a separate maximum is applied for each indictment.

a single counsel is appointed to represent multiple defendants.

separate vouchers should be submitted for each defendant represented

a separate maximum is applied for each defendant.

Ex Parte Applications

Ex parte applications for services shall be heard in camera and shall not be revealed without the consent of the defendant.

The application shall be placed under seal until the final disposition of the case in the trial court, subject to further order of the court.

Questions?  

If you have comments or questions, please contact one of the individuals listed below:

Public Disclosure

Congress has mandated that the amounts paid to court-appointed counsel may be disclosed to the public, subject to the consideration of special circumstances.