Where it is considered necessary and appropriate in a specific case, the presiding trial judge may arrange for periodic or interim payments of compensation and/or expenses to appointed counsel.
Instructions on the separate procedures to be used for effecting interim payments to counsel and sample memorandum orders are located in the Guide, Vol. 7, Appendix 2C (Procedures for Interim Payments to Counsel in Non-Death Penalty Cases) and Appendix 2D (Procedures for Interim Payments to Counsel in Death Penalty Cases).
[Guide, Vol. 7, § 230.73.10] [Guide, Vol. 7, § 230.73.20]
The attorney's request to be paid on an interim basis should include the following information:
In response to the appointed counsel's request for interim payments, the district court may issue a memorandum order to counsel, outlining payment procedures and specifically addressing payment for actual expenses, travel, and compensation of counsel.
[Guide, Vol. 7, Appendix 2C] [Guide, Vol. 7, Appendix 2D]
In non-capital representations where excess compensation is anticipated, written approval of the interim voucher procedure must be obtained from the chief judge of the circuit or the person's delegate prior to issuance of the order. [Guide, Vol. 7, Appendix 2C] Additionally, for non-capital representations, the sample memorandum order includes alternative payment methods for withholding compensation for a portion of the approved number of hours until the final compensation voucher is submitted and approved for payment. The payment options are designed to strike a balance between the interest in relieving court-appointed attorneys of financial hardships in extended and complex non-capital cases, and the practical application of the statutorily imposed responsibility of the chief judge of the circuit to provide a meaningful review of attorney claims for excess compensation. Other interim payment arrangements which effectuate this balance may be devised in consultation with the Office of Defender Services, Administrative Office of the U.S. Courts. [Guide, Vol. 7, § 230.73.10]
Where it is considered necessary and appropriate, the presiding judge or U.S. magistrate judge may, in consultation with the Office of Defender Services, Administrative Office of the U.S. Courts, arrange for interim reimbursement to counsel of extraordinary and substantial expenses incurred in providing representation in a case. [Guide, Vol. 7, § 230.63.50(a)] Interim reimbursement should be authorized when counsel's reasonably-incurred out-of-pocket expenses for duplication of discovery materials made available by the prosecution exceed $500. [Guide, Vol. 7, § 230.63.50(b)]