You are here

CJA FAQ: Capital Representation

  • If a capital case is de-authorized (by the U.S. Attorney General) and it becomes a non-death case, should the judge reduce the number of appointed CJA attorneys and lower the hourly rate for appointed counsel?

    The Attorney must notify the CJA Audit Clerk by sending an email to and include your new approved rate.

  • When a capital case goes “non-death,” should you continue to use Form CJA30 (and Form CJA31) or switch to Form CJA20 (and Form CJA21)?

    The guiding principle is:  “Once a 30, always a 30.”  Once counsel is appointed on (or submits) a Form CJA30 (because the case is death-eligible or an authorized capital case), even if it is determined that the death penalty will not be sought, the court and appointed counsel should continue to use Form CJA30 (and Form CJA31 for service providers).