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Are court-appointed co-counsel entitled to a separate case compensation maximum?

Type: 
CJA Case Compensation Maximums FAQ
Answer: 

Yes.  When more than one attorney is appointed in a non-capital case, * each separate attorney is eligible to receive the maximum case compensation amount allowable for that particular type of proceeding under the Criminal Justice Act.  Case compensation maximums apply only to attorney fees in non-capital cases and not to the expenses of counsel.  The “cap” is waivable – payments above the limits may be made to provide fair compensation in extended or complex representations, when so certified by the presiding judicial officer and approved by the chief judge of the circuit (or judge delegate.)

The Guide, Vol. 7, Section 230.23.40 sets out criteria for deciding whether the case is extended or complex and for determining fair compensation.  When appointed counsel is claiming compensation for services provided by a partner, associate, or someone else who is not appointed in the case, see the Guide, Vol. 7, Section 230.53.10.

*There are no attorney case compensation maximums for capital representations.