The Guide, Vol. 7, Chapter 3, sets forth procedures for authorizing investigative, expert, or other service providers to be employed on behalf of defendants represented by appointed counsel, retained counsel, or proceeding pro se (if the defendants are found by the court to be financially unable to obtain the necessary services). Attorneys may be authorized to provide such “other services” (e.g., as experts or consultants) in non-capital or capital representations, where necessary for adequate representation. Authorization to employ their services is requested on a Form CJA 21 or Form CJA 31.
When necessary for adequate representation in federal capital habeas corpus cases and in federal capital cases, the Criminal Justice Act [18 U.S.C. § 3006A(e)] and 18 U.S.C. § 3599(f) authorize the reasonable employment and compensation of expert attorney consultants to provide services to appointed and pro bono attorneys. The Guide, Vol. 7, § 660.30 describes authorized services as light consultation, in such areas as:
Light consultation services are those that a lawyer in private practice would typically seek from another lawyer who specializes in a particular field of law. (The Guide, Vol. 7, § 660.30(b), describes examples of “heavy consultation” services, which would not be authorized.)