Budgeting In Capital Habeas Representation

Budget Phases

There are four budget phases for most capital habeas representations:

Phase 1 - Appointment, Records Review, and Preliminary Investigation
Phase 2 - Petition Preparation, Answer, and Exhaustion
Phase 3 - Motion for Evidentiary Hearing and Briefing of Claims; Discovery
Phase 4 - Evidentiary Hearing and Final Briefing

Budget Applications

Petitioner's counsel must prepare a budget request for each phase, as well as budget amendments if more hours are needed during a particular phase.  For the initial phase for each budget, and supplements thereto, counsel must submit an interactive Application for CJA Funds and a Confidential Case Evaluation (CCE). Counsel must submit these forms via email to the CJA Unit (cja@cand.uscourts.gov) with sufficient lead time for the presiding judge to render an order before work can begin.