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preauthorization procedures

Preauthorization Policies & Steps for Appointed Counsel Cases in the Third & the Fifth District

 

A. Types of Expenses Requiring Preauthorization

  1. Travel
    Prior approval for any travel other than for oral argument must be obtained for Third and Fifth District cases. CCAP is authorized to process travel requests that do not exceed $600 for Third District cases only.

  2. Translation Expenses
    Prior approval for translator services must be obtained for Third and Fifth District cases. CCAP is authorized to process translator requests that do not exceed $300 for both courts.

  3. Other Extraordinary Expenses
    Preapproval is required before incurring any extraordinary expenses such as experts, investigators, unusual copying fees, legislative research service fees, etc. These kind of items are not currently within the scope of CCAP preauthorization authority.

 

B. Obtaining Preauthorization

For matters covered by CCAP preauthorization authority, write to the assigned CCAP buddy for the case. Successful requests include a detailed assessment of the elements outlined below. Missing information will necessitate a call from the CCAP buddy to appointed counsel for further information.

A request for prior approval not covered by CCAP preauthorization authority, or that at the outset is expected to exceed the maximum dollar limit of CCAP preauthorization authority, will be routed to the court. However, requests for preapproval are routed differently in Third and Fifth District cases. In the Third District, such requests should be first sent to CCAP for a recommendation on the request, and then both the request and the recommendation are forwarded to the court for a ruling. In the Fifth District, send the request directly to the court for a ruling.

 

C. Elements Needed to Assess a Preauthorization Request

  1. Economic Element
    The request must take into account that all other economical means have been attempted, are not effective, or are not feasible. The courts expect that appointed counsel will have exhausted other more common means of communication or other process prior to seeking approval for an extraordinary cost.

    Attorneys are also compensated for the most economical means of transit, regardless of the mode actually used. In determining the cost of travel, CCAP and the court will examine both the expense and the attorney time. When train or plane is the most economical, attorneys are not paid for the time actually in transit, as that time can be spent reading, etc.

  2. Cost Savings
    If possible, the request should demonstrate a cost savings to the court. This can usually be demonstrated by laying out the actual and anticipated costs, versus doing it another way. For example, travel by plane may be more economical than travel by car for a long trip. By comparing the hours required to drive, the mileage, and accommodations for a long trip to a shorter drive to the airport, a quick flight, and rental car fees, the cost savings will be apparent.

 

D. CCAP's Role & Limited Authority

  1. Court Policies Adhered To
    For these purposes, CCAP stands in the shoes of the court; CCAP can preauthorize only what CCAP perceives the court would otherwise consider an appropriately incurred expense. The preapproval or recommendation CCAP makes must therefore meet all current court policies for expenditure of extraordinary expenses. CCAP cannot disregard current court policies. Questionable requests must be rejected and deferred to the court's authority.

  2. Habeas Investigation Not Within Scope of CCAP Preapproval Authority
    Both the Third and Fifth District Court of Appeal policy is that compensation for writ work requires preauthorization from the court. CCAP has not been given preauthorization authority to approve habeas investigation. Requests that appear to be grounded in habeas investigation, rather than related to issues that can be raised on direct appeal, will be deferred to the court's authority. In the Third District, submit your written request to CCAP first for project input and recommendation to the court.

 

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