CJA 21
Authorization and Voucher for Expert and Other Services
CJA 21, Authorization and Voucher for Expert and Other Services, is a Criminal Justice Act (CJA) voucher from the U.S. Courts. The U.S. Courts list it under Vouchers. The current version is Rev. 05/12, and the U.S. Courts page lists it as effective on May 1, 2012.
The top of the form is a request: the attorney for the person represented affirms that investigative, expert or other services are necessary for adequate representation, and asks either for authorization to obtain them or for approval of services already obtained. The presiding judge signs the court order. The service provider then claims compensation and expenses, the attorney certifies that the services were rendered, and the court approves payment. Item 12 notes that prior authorization should be obtained for services in excess of $800, excluding expenses.
This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.
Location code, person represented, magistrate, district, appeals and other docket numbers in the format YY-NNNNNN-DDD, case name, payment category, type of person represented, representation type code, and up to five offenses charged.
Authorization to obtain the service with estimated compensation and expenses, or approval of services already obtained, then the attorney's status, name, mailing address and phone.
A description of and justification for the services, and the type of service provider, from investigator and interpreter/translator to mitigation specialist, litigation support services and computer forensics expert.
The presiding judge grants the authorization requested in Item 12, with the date of order, a nunc pro tunc date, and whether repayment is ordered from the person represented.
Compensation, travel expenses and other expenses with grand totals, the payee's details and certification, and the attorney's certification that the services were rendered for this case.
Court use only: the amounts approved by the presiding judge with the prior authorization boxes in Item 23, and any amounts approved in excess of the statutory threshold by the chief judge of the court of appeals (or delegate).
The U.S. Courts page says to read the instructions carefully, type or print clearly in blue or black ink, and attach an itemized statement of the date, a description of the services and expenses, and the hours claimed for each service.
In Item 12, check authorization to obtain the service, with an estimate, or approval of services already obtained. The page asks for the basis for compensation, such as hourly rates, daily rates or a fixed fee.
Item 13 briefly describes the services and why they are necessary for adequate representation. For a psychiatric or psychological examination, the page asks for its specific purpose and any statute ordering it.
The page says not to use this form for a court-ordered examination to determine, exclusively, the mental condition under 18 U.S.C. §§ 4241-4246. It says a defense purpose or a dual purpose examination uses this form.
The service provider enters compensation with an attachment showing dates and time in hours and tenths, travel expenses with receipts, and other expenses, with documentation for single item expenses in excess of $50.
The page says the claimant signs Item 17 before submitting the claim to the attorney, who signs Item 18 to certify that the services were rendered for this case.
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The page says failure to obtain prior authorization results in disallowance of any amount above the limit in § 310.20.30 of the CJA Guidelines, unless the presiding judicial officer finds that timely procurement of necessary services could not await it.
The page says the court reviews every claim for compensation and every claim for reimbursement of expenses for reasonableness and compliance with the CJA Guidelines.
The page says interpreters submit with each voucher the times of day billed and the number of other vouchers or claims for interpreting services provided on the same date.
The page says all payments are subject to post-audit, and records must be retained for three years after approval of the final voucher in a representation (CJA Guidelines § 320.90).
When time spent in common is cross-referenced, the page says representations for another attorney should not be identified by name and case number, although the number of other representations should be listed.
The page says death penalty cases use CJA Form 31 and the applicable type of representation code.
CJA 31
71 fields, 1 page
CJA 20
149 fields, 1 page
CJA 25
1 field, 1 page
CJA 24
74 fields, 1 page
CJA 28E
149 fields, 8 pages
CJA 28F
26 fields, 3 pages
The form and the instructions on the U.S. Courts page name several people who complete parts of it.
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The attorney for the person represented, or a person proceeding pro se, completes the request in Item 12. The service provider completes Item 17, the attorney certifies Item 18, and the presiding judge and, for excess amounts, the chief judge of the court of appeals (or delegate) approve payment.
Item 12 notes that prior authorization should be obtained for services in excess of $800, excluding expenses. Item 23 has a box for when prior authorization was not obtained but the court finds, in the interest of justice, that timely procurement could not await it.
The page says not to use this form for a court-ordered examination to determine, exclusively, the mental condition under 18 U.S.C. §§ 4241-4246. It says those costs are paid by the Department of Justice and claims go to the U.S. Attorney.
The page describes one for a non-defense and a defense purpose. It says the CJA pays the expert the total approved and gets one-half back from the Department of Justice, and a separate court order authorizing the examination is attached to the voucher.
Among others, investigator, interpreter/translator, psychologist, psychiatrist, accountant, CALR (Westlaw/Lexis, etc.), paralegal services, jury consultant, mitigation specialist, duplication services, litigation support services and computer forensics expert, plus Other (Specify).
The U.S. Courts page says that for death penalty cases, the CJA Form 31 and the applicable type of representation code are used.