New Appointments Following Earlier Representation [Guide, Vol. 7, § 220.30]

A new appointment on Form CJA 20 should be made for each person represented in the following proceedings:

Continuity of Representation [Guide, Vol. 7, § 220.25(a), (c), and (d)]

If the attorney appointed by a U.S. district or magistrate judge is to continue to represent the defendant in the district court, no additional appointment by the district court should be made, except on appeal from a judgment rendered by the U.S. magistrate judge in a misdemeanor case.

If the attorney appointed by a U.S. district or magistrate judge is to continue to represent the defendant in the court of appeals, an order extending Appointment on Appeal (Form CJA 20) should be executed for each appellant. In a federal capital prosecution, or a proceeding under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 challenging a death sentence, the appointment should be made on a Form CJA 30.

Absent special circumstances, whenever a case is transferred to another district, such as under Federal Rule of Criminal Procedure 20, Federal Rule of Criminal Procedure 21, and Federal Rule of Criminal Procedure 40, appointment of counsel should be made in the transferee district.

Standby Counsel [Guide, Vol. 7, §§ 220.55.10-220.55.20]

Appointments for Representation under the CJA

Criminal defendants have both a constitutional and statutory right to self-representation in federal court. In some cases, however, the court or U.S. magistrate judge may find it necessary to appoint "standby" counsel to be available to assist a pro se defendant in that person's defense and also to protect the integrity and ensure the continuity of the judicial proceedings. [Guide, Vol. 7, § 220.55.10]

The CJA, however, provides that "[u]nless the (financially eligible) person waives representation by counsel... [the court] shall appoint counsel to represent him." [18 U.S.C. § 3006A(b)] While the court has inherent authority to appoint standby counsel, such appointments may not be made and counsel may not be compensated under the CJA unless the defendant qualifies for appointed counsel and representation is actually rendered by counsel.

Accordingly, if a financially eligible pro se defendant agrees to be represented, at least in part, by standby counsel, compensation may be provided under the CJA. Similarly, if at any time during the course of the proceedings the services of standby counsel are accepted by a financially eligible pro se defendant, a nunc pro tunc CJA appointment order should be effected and counsel may be compensated under the CJA.

Form CJA 20 and Form CJA 30 are used for appointments of standby counsel to provide representation under the CJA to pro se defendants and as vouchers for seeking payment for representational services and expenses.

Appointments Under the Court's Inherent Authority [Guide, Vol. 7, § 220.55.30]

In circumstances in which standby counsel is appointed under the court's inherent authority, and counsel serves exclusively on behalf of the court to protect the integrity and continuity of the proceedings and does not represent the pro se defendant, any compensation to be paid to counsel shall be in the capacity of an "expert or consultant" under 5 U.S.C. § 3109. Accordingly, an appointment under this section may be made regardless of whether the defendant is financially able to obtain adequate representation. In such cases, compensation will be determined by the judicial officer in accordance with CJA hourly rates and case compensation maximums.

The Administrative Office of the United States Courts, Office of Defender Services should be consulted regarding appointment and payment procedures. If, during the course of the proceedings, a pro se defendant who is financially able to retain counsel elects to do so, the court's appointment of an attorney under section 3109 shall be terminated.