Inflationary adjustments have been made to the hourly rates and case compensation maximums under the Criminal Justice Act (CJA), 18 U.S.C. § 3006A. These adjustments are the result of the President issuing an Executive Order this month that finalizes 2023 federal civilian pay rates.
CJA Panel Attorney Hourly Rate Increases
The panel attorney hourly rates increased from $158 to $164 for non-capital work and from $202 to $210 for capital work. The new rates apply to services performed on or after January 1, 2023. Where appointment of counsel occurred before January 1, 2023, the new hourly compensation rates apply to that portion of services provided on or after the effective date.
CJA Panel Attorney Case Compensation Maximums
Because of the increase in the non-capital hourly rate, the waivable case compensation maximum amounts for non-capital representations2 increase to:
- Felony cases $12,800 (previously $12,300)
- Felony appeals $9,100 (previously $8,800)
- Misdemeanor cases $3,600 (previously $3,500)
Payments above these amounts may be authorized when certified by the presiding judicial officer and approved by the chief judge of the circuit or their delegate.
The new case compensation maximums apply to a voucher submitted by appointed counsel if that person furnished any CJA-compensable work on or after January 1, 2023. The former case compensation maximums apply to a voucher submitted by appointed counsel if that person’s CJA-compensable work on the representation was completed before January 1, 2023.
Investigative, Expert, or Other Services Case Compensation Maximums
The federal pay adjustment also increases the case compensation maximum for investigative, expert, or other services in a non-capital representation. The new waivable case compensation maximum amount with prior authorization is $2,800 (up from $2,700). The $2,800 amount, which excludes expenses, applies to each individual service provider in a non-capital representation. Payment in excess of this amount may be made when certified by the court or U.S. magistrate judge and approved by the chief judge of the circuit or their delegate.
The new case compensation amount applies to a voucher submitted by a service provider if that provider furnished any CJA-compensable work in the representation on or after January 1, 2023. The former case compensation amount applies if the provider’s work on the representation was completed before January 1, 2023.
See https://www.uscourts.gov/rules-policies/judiciary-policies/cja-guidelines/chapter-2-ss-230-compensation-and-expenses#a230_20 for more information.