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Home | Attorneys | Criminal Justice Act (CJA)


Service Provider Presumptive Hourly Rates*

(Effective January 1, 2024)

Category Current Rate New Second Circuit Presumptive Rate Comments
Investigator $80 - $95 $110 Rate above $110 available for provider with foreign language fluency or other extraordinary skill.‡
Associates $90 - $131, $131* 80% of CJA rate ($138) if Panel member $172 Mentee rate $103/hr
Paralegal $35 - $50, $65** $75 per hour without regard to employment status. Rate of $85 for provider with foreign language fluency or other extraordinary skill.‡

Mitigation Expert

$125 $125 per hour non-Capital
$150 per hour Capital
Rate above $125 or $150 is available for provider with foreign language fluency or other extraordinary skill.‡
Law Students $15 - $25    

Mental Health Professionals

$200 - $350*** $250 - $375  
Pathologists $250 $250 - $375

* In situations where the associate is a full time employee of the CJA panel member’s firm, application can be made to the presiding judicial officer through the Case Budgeting Attorney (CBA) for a rate of$138 per hour. The additional funds are intended to help defray the costs associated with maintaining said associate such as room rent and telephone.

** In situations where the paralegal is a full time employee of the CJA panel member’s firm, application can be made to the presiding judicial officer through the Case Budgeting Attorney (CBA) for a rate of $90 per hour. The additional $15 per hour is intended to help defray the costs associated with maintaining said employee, such as room rent and telephone.

*** There are almost an infinite number of expert service providers with an equal variety of rates. For this reason, this list is not intended to be all inclusive. The intention is to keep the mental health providers, pathologists, serologists, and other expert provider’s rates at or below $350 per hour whenever possible.

**** $90/hour for “IT-paralegals” (those with advanced tech and software skills for efficiently managing complex e-discovery). Some factors to consider in determining whether a provider is an “IT paralegal” include:
 

Specialized training, including paralegal certification or a Juris Doctorate

• Ability to conduct subjective legal review/analysis to identify legal issues

• Ability to draft a legal coding protocol for document review projects and manage the project across multiple service providers

• Proficiency with online eDiscovery platforms (e.g., Casepoint, Summation, Invendica, Everlaw, Opentext aka Catalyst), litigation support technology tools (e.g., Casemap, DtSearch, Adobe Pro, etc.), or trial presentation software (e.g., Trial Director)

• Experience negotiating with AUSA concerning discovery productions, assisting with discovery declarations, or managing discovery databases

• Familiarity with file formats beyond Microsoft Office products

• Experience with forensic images of various devices

 
If you are quoted a higher rate by a service provider, counsel are encouraged to attempt to negotiate a lower CJA rate. In instances where the provider has refused to negotiate a lower rate and there is no other acceptable provider willing to work for the presumptive rate, applications should be made to the presiding judicial officer for the higher rate with a detailed explanation of the steps taken to procure the lower rate as justification for the rate requested. As with all presumptive rates, there may be instances where a particular individual possesses a special skill or expertise that warrants a higher rate. In such instances, application should be made to the presiding judicial officer with an explanation as to why the rate requested is justified and reasonable.

 

 

 

 

Last modified on 05/22/2024