This section discusses the procedures and documentation required for waivers of attorney case compensation maximums in extended or complex cases.

In a case in which the total compensation claimed is more than the statutory case compensation maximum, the appointed attorney must submit with the voucher (Form CJA 20) a detailed memorandum supporting and justifying the counsel's claim that:

• The representation given was in an extended or complex case. [Guide, Vol. 7, § 230.23.40(b)]
• The excess compensation is necessary to provide fair compensation. [Guide, Vol. 7, § 230.23.40(c)]

The Form CJA 26 (district court)/Form CJA 27 (court of appeals), Supplemental Information Statement for Compensation in Excess of the Statutory Case Compensation Maximum, may be used. [Guide, Vol. 7, § 230.30(b)]

The approving judicial officer makes a threshold determination as to whether the case is either extended or complex. If the legal and factual issues in the case are unusual, thus requiring the expenditure of more time, skill, and effort by the lawyer than would normally be required in an average case, the case is “complex.” If more time is reasonably required for total processing than the average case, including pre-trial and post-trial hearings, the case is “extended.” [Guide, Vol. 7, § 230.23.40(b)]

After establishing that a case is extended or complex, the approving judicial officer determines if excess payment is necessary to provide fair compensation. The following criteria, among others, may be useful in making that determination: [Guide, Vol. 7, § 230.23.40(c)]

• Responsibilities involved measured by the magnitude and importance of the case;
• Manner in which the attorney's duties were performed;
• Knowledge, skill, efficiency, professionalism, and judgment used by and required of counsel;
• Nature of counsel's practice and injury thereto;
• Extraordinary pressure of time or other factors under which services were rendered; and
• Other relevant circumstances.