Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Dora B. Schriro et al., 13 Respondents. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court is Petitioner's application for resources pursuant to 21 U.S.C. § 848(q)(9). (Dkt. 85.) Specifically, Petitioner requests the Court to authorize the appointment of law students to assist in the research and preparation of his Merits Memorandum and Merits Reply. In Petitioner's supplement, he requests that two law students be appointed for 190 hours each at the rate of $25 per hour, for a grand total of $9,500. (Dkt. 87.) Without prejudice to a motion for additional law student funding, the Court will authorize a sum not to exceed $5,000 for law student services (100 hours each at the rate of $25 per hour). Under applicable Criminal Justice Act guidelines and practice, appointed counsel are not permitted to earn a profit from the use of support staff (which the Court does not understand counsel to be seeking). Therefore, counsel's and co-counsel's use of law students will be reimbursed for the amount actually paid to the law students, not to exceed $25 per hour. Accordingly, IT IS HEREBY ORDERED granting, in part, Petitioner's application for the
Case 2:00-cv-01118-NVW Document 88 Filed 09/25/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Steven Craig James, Petitioner, vs.

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No. CV 00-1118-PHX-NVW DEATH PENALTY CASE ORDER

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appointment of law students. (Dkt. 85, 87.) The Court authorizes Petitioner to retain the services of law students nunc pro tunc from the date of September 5, 2006, not to exceed $25 an hour, for up to 200 hours or $5,000. When submitting a voucher for reimbursement, a copy of this Order approving the law student expense must be attached, along with documentation of the rate actually paid to the law student and services performed. IT IS FURTHER ORDERED that, in addition to the Guide to Judiciary Policies and Procedures for administration of the Criminal Justice Act ("CJA"), Volume VII (Appointment of Counsel in Criminal Cases), the following rules shall apply in this case as supplementing and interpreting those guidelines: 1. Counsel shall request reimbursement for the costs of law students on CJA 30 forms and shall list such costs under "Other Expenses." 2. Billing statements shall specifically describe the work performed and the time allotted to each specific task. Descriptions should not be vague or general. Time entries should relate to specific individual tasks, and not simply list multiple tasks performed in a specified block of time. For example, work related to witnesses or other people should identify those people by name and, if necessary, identify their relevance to the case; work related to obtaining or reviewing documents should identify the documents or source of the documents; legal research should identify the topic being researched; legal writing should identify the argument/issue being drafted. Hours billed must be in tenths of an hour (i.e., .1), not hundredths (i.e., .15). 3. The Court will not compensate for clerical, secretarial, or word processing services--regardless of whether the person performing the functions is an attorney, law clerk, paralegal, law student or secretary and regardless of whether that person is regularly or specially employed; performing normal, overtime, or supplemental work; and even if counsel has no regularly employed secretary. For example, copying documents, arranging telephonic conferences, and filing documents with the Court are not compensable services. 4. Any questions about compensation should be directed to the CJA Voucher Review Office, United States District Court, District of Arizona, 401 West Washington Street, SPC
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1, Phoenix, Arizona 85003, (602) 322-7107. Counsel also should consult the Guide to Judiciary Policies and Procedures, Volume VII (Appointment of Counsel in Criminal Cases). IT IS FURTHER ORDERED that the Clerk of Court send a copy of this Order to all counsel of record, the Capital Case Staff Attorney's Office and the CJA Voucher Review Office. DATED this 22nd day of September 2006.

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