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Chapter 5, § 520: Disclosure of Information on Payments to Attorneys

Guide to Judiciary Policy, Vol 7 Defender Services, Part A Guidelines for Administering the CJA and Related Statutes, Chapter 5: Disclosure of Information on CJA-Related Activities

§ 520.10 Timing
§ 520.20 Documents
§ 520.30 Notice
§ 520.40 Attorney Payments Approved Before or During Trial
§ 520.50 Attorney Payments Approved After Trial Where Appellate Review is Not Being Pursued or Has Concluded
§ 520.60 Attorney Payments Approved After Trial Where Appellate Review is Being Pursued
§ 520.70 Attorney Payments Approved After the Appeal is Completed

§ 520 Disclosure of Information on Payments to Attorneys

§ 520.10 Timing

The CJA, as amended in 1998, mandates disclosure of amounts paid to court appointed attorneys upon the court's approval of the payment.

§ 520.20 Documents

(a) To satisfy the requirements of the CJA, courts may release copies of the payment vouchers (the top sheets of completed forms CJA 20 or CJA 30), redacted or unredacted, depending on the stage of the particular case and the statutory considerations involved.

(b) Documentation submitted in support of, or attached to, payment claims is not covered by the CJA and need not be disclosed at any time.

§ 520.30 Notice

(a) Before approving payments, courts are required to provide reasonable notice of disclosure to counsel to allow the counsel to request the redaction of specific information based on the considerations set forth in 18 U.S.C. § 3006A(d)(4)(D) and Guide, Vol 7A, § 520.50.

(b) To comply with this notice requirement, it is recommended that, contemporaneously with the issuance to counsel of the forms CJA 20 or CJA 30, courts give appointed counsel a copy of Form CJA 19 (Notice to Court Appointed Counsel of Public Disclosure of Attorney Fee Information).

§ 520.40 Attorney Payments Approved Before or During Trial

(a) After redacting any detailed information provided to justify the expenses, the court will make available to the public a copy of the voucher showing only the amounts approved for payment.

(b) On the completion of trial, an unredacted copy of the voucher may be released, depending on whether an appeal is being pursued and whether the court determines that one or more of the interests listed in Guide, Vol 7A, § 520.50 require the redaction of information.

§ 520.50 Attorney Payments Approved After Trial Where Appellate Review is Not Being Pursued or Has Concluded

The court will make an unredacted copy of the payment voucher available to the public unless it determines that one or more of the interests set forth in 18 U.S.C. § 3006A(d)(4)(D) and listed below justify limiting disclosure to the amounts approved for payment.

(a) the protection of any person's Fifth Amendment right against self-incrimination;

(b) the protection of the defendant's Sixth Amendment right to effective assistance of counsel;

(c) the defendant's attorney-client privilege;

(d) the work product privilege of the defendant's counsel;

(e) the safety of any person; or

(f) any other interest that justice may require (with the exception that for death penalty cases where the underlying alleged criminal conduct took place on or after April 19, 1995, the amount of the fees shall not be considered a reason to limit disclosure).

§ 520.60 Attorney Payments Approved After Trial Where Appellate Review is Being Pursued

The court will make available to the public only the amounts approved for payment unless it finds that none of the interests listed above in § 520.50 will be compromised.

§ 520.70 Attorney Payments Approved After the Appeal is Completed

The court will make an unredacted copy of the payment voucher available to the public unless it determines that one or more of the interests listed above in § 520.50 justify limiting disclosure to only the amounts approved for payment.

Last substantive revision (Transmittal GR-17) January 20, 2010
Last revised (minor technical changes) December 18, 2014