CJA Attorney Rates Rise

With P.L. 107-77, CJA attorney rates will increase to $90/hour for both in-court and out-of-court work, possibly by May 2002. Between 1996 and 2001, CJA panel attorneys in most judicial districts received just three $5 rate increases above the rates of $60 in-court and $40 out-of-court authorized in 1984. For 14 years, between 1970 and 1984, there were no rate increases. Meanwhile, the number of CJA cases grew by more than 500 percent since 1967.

The Judicial Conference requested that Congress raise the current $75/$55 in-court/out-of-court rates to $113 per hour in 2002. This amount is what the rate should have been if annual cost-of-living increases had been applied to the $75 rate authorized in 1986, but not fully implemented in most districts due to funding limitations. When Chief Judge John G. Heyburn II testified on behalf of the Conference in March 2001 before the House Appropriations Subcommittee on Commerce, Justice, and State, the Judiciary and Related Agencies, he called the low rate of compensation for attorneys appointed under the Criminal Justice Act "one of the biggest impediments to maintaining a fair system of justice."

"In some districts," Heyburn told the congressional subcommittee, "judges are unable to find qualified attorneys to take CJA appointments because the current rate often does not cover overhead costs."

While there was sympathy by some in Congress for the $113 rate, budget constraints would allow for only a $90 rate. This is still a significant increase, especially over the $55 out-of-court rate, considering past experience with Congress.

"We owe a huge thank you to the chairs, ranking members, and the dedicated staff of our Appropriations Subcommittees," said Administrative Office Director Leonidas Ralph Mecham, "for providing the funds for this critical need. While many judges and the bar associations contributed to this success story and deserve much of the credit, a key factor in achieving this increase was a meeting arranged by the AO between our Appropriations Committee staff and five panel attorneys from across the country. Our thanks to all for their contributions."