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CJA Information

 
 

 Disclosure Statute

 

Attorney Fact Sheet

 

Case Budgeting and Cost Containment Policies

 

CJA26 Supplemental Information Statement

 

CJA26 Instructions

 

CJA Forms and Instructions

 

 


 

 

Engaging a Relative for Compensable Services under the CJA: Policy guidance approved by the Judicial Conference of the United States at its September 2012 session on engaging a relative for compensable service has been codified in §§ 220.18, 310.20.05, and 620.15. The new guidelines require appointed counsel: (1) prior to engaging any relative (as the term is defined for anti-nepotism purposes in 5 U.S.C. § 3110) to perform CJA compensable services, other than as associate counsel in the same law firm, to provide notification of the relationship and potential services to the presiding judicial authority; and (2) to notify the judge when it is learned that the judge intends to appoint or has appointed a relative of counsel as co-counsel on a representation. The notification requirement does not apply to using a relative as a service provider if the relative is working pro bono and will not be compensated with CJA funds. The notification requirement also does not apply to engaging relatives who are associates in the same law firm as appointed counsel. This is true for two reasons: (1) the use of associate counsel, at a reduced hourly rate, has long been recognized as an effective cost-containment measure (see CJA Guidelines (Guide, Volume 7A, §§ 230.53.10 and 620.10.10(c))); and (2) historically, relatives have joined together in private practice law firms and often have been utilized as associate counsel in each other's cases.