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

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9 STEVEN CRAIG JAMES, N0. cv 00-l 1 1s-1>1rx-Nvw
10 Petitioner, EXTH PENALTY CASE
H VS. [PROPOSED]
12 R DORA B. scnruizo, etal., orzmzn
13 1 Res ondents.
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15 Petitioner has filed a Motion for Student Funding dated September 19, 2007,
16 pursuant to 21 U.S.C. § 848(q)(9). Specifically, Petitioner requests the Court to authorize
17 the appointment of law students to assist in the research and preparation of his Merits
18 Reply Memorandum. Petitioner’s Motion requests that two law students be appointed for
19 a total of 200 hours at the rate of $25 per hour, for a grand total of $5,000. The Court
20 will authorize a sum not to exceed $5,000 for law student services (200 hours at the rate
21 N of $25 per hour). Under applicable Criminal Justice Act guidelines and practice,
22 1 appointed counsel are not permitted to earn a profit from the use of support staff (which
23 the Court does not understand counsel to be seeking). Therefore, counsel’s and co-
24 1 counsel’s use of law students will be reimbursed for the amount actually paid to the law
25 students, not to exceed $25 per hour.
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i 3g§g;§]2i2005$gv-01118-NVW Document 127-2 Filed O9/19/2007 Page 1 of 3

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1 Accordingly,
2 IT IS HEREBY ORDERED granting Petitioner’s application for the
3 appointment of law students. The Court authorizes Petitioner to retain the services of law
4 1 students not to exceed $25 an hour, for up to 200 hours or $5,000. When submitting a
5 E voucher for reimbursement, a copy of this Order approving the law student expense must
6 be attached, along with documentation of the rate actually paid to the law student and
7 5 services performed.
8 IT IS FURTHER ORDERED that, in addition to the Guide to Judiciary Policies
9 and Procedures for administration of the Criminal Justice Act ("CJA"), Volume VII
10 { (Appointment of Counsel in Criminal Cases), the following rules shall apply in this case
11 1 as supplementing and interpreting those guidelines:
12 1. Counsel shall request reimbursement for the costs of law students on CJA
13 30 forms and shall list such costs under "Other Expenses."
14 2. Billing statements shall specifically describe the work performed and the
15 time allotted to each specific task. Descriptions should not be vague or general. Time
16 [ entries should relate to specific individual tasks, and not simply list multiple tasks
17 I performed in a specified block of` time. For example, work related to witnesses or other
18 5 people should identify those people by name and, if necessary, identify their relevance to
19 I the case; work related to obtaining or reviewing documents should identify the
20 documents or source of the docrunents; legal research should identify the topic being
21 researched; legal writing should identify the argument/issue being drafted. Hours billed
22 must be in tenths of an hour (i.e., .1), not hundredths (i.e., .15).
23 } 3. The Court will not compensate for clerical, secretarial, or word processing
24 1 services -- regardless of whether the person performing the frmctions is an attomey, law
25 K clerk, paralegal, law student or secretary and regardless of whether that person is
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1 regularly or specifically employed; performing normal, overtime, or supplemental work;
2 and even if counsel has no regularly employed secretary. For example, copying
3 documents, arranging telephorric conferences, and filing documents with the Court are
4 not compensable services.
5 4. Any questions about compensation should be directed to the CJA Voucher
6 Review Office, United States District Court, District of Arizona, 401 West Washington
7 Street, SPC 1, Phoenix, Arizona 85003, (602) 322-7107. Counsel also should consult the
8 Guide to Judiciary Policies and Procedures, Volume VII (Appointment of Counsel in
9 Criminal Cases).
10 IT IS FURTHER ORDERED that the Clerk of the Court send a copy of this
11 Order to all counsel of record, the Capital Case Staff Attomey’s Office and the CJA
12 [ Voucher Review Office.
13 } DATED _ of , 2007.
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16 United States District Court Judge
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Case 2:00-cv-01118-NVW

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