Opinion
Case No. 8:03-cr-77-T-30TBM
April 9, 2004
ORDER
This matter is before the Court on the Report and Recommendation of the Magistrate (Dkt. #503) on Defendant Ghassan Ballut's Ex Parte Motion for Allocation of Funds under the Criminal Justice Act to Compensate Arabic and Hebrew Interpreters of Discovery (Dkt. #463) and Defendant Ghassan Ballut's Ex Parte Motion to Amend Order Alllocating C.J.A. Funds to Compensate Arabic and Hebrew Interpreters of Discovery (Dkt. #501). On April 9, 2004, the Magistrate rendered his report and recommendation that the Motions be granted. No party has objected to the Magistrate's recommendations, findings, or conclusions.
Upon consideration, the Magistrate's recommendations, findings, and conclusions are adopted, approved, and incorporated into this Order, which is attached as Addendum "A" to this Order. The Motions (Dkts. #463, 501) are GRANTED subject to the terms and conditions in the Magistrate's Report and Recommendation and the following terms and conditions.
Ballut may hire the proposed three interpreters (two Arabic and one Hebrew interpreter). The interpreters hired shall bill their services at the rate of up to $329.00 per day and no more than $1,645.00 per week (working five days a week). Unless good cause is shown, the work product created by these interpreters may be shared with all Defendants. The total cost through the projected start of the trial shall not exceed $177,660.00 without prior approval of this Court.
This Court agrees that the decision on whether these interpreters' services are needed after the start of this trial should be deferred until a time closer to the start of trial.
Because of the expected length of the discovery period in this case, and the anticipated hardship on persons providing services pursuant to subsection (e) of the Criminal Justice Act for such a period without compensation, in accordance with paragraph 3.06 A of the Guidelines for the Administration of the Criminal Justice Act, the following procedures for interim payments shall apply during the course of the paralegal's employment in this case:
1. Submission of Vouchers
Persons providing services under subsection (e) shall submit to the court clerk, once each month, an interim CJA Form 21, "Authorization and Voucher for Expert and Other Services." Compensation earned and reimbursable expenses incurred during a month shall be claimed on an interim voucher submitted no later than the fifth day of the following month, or the first business day thereafter. The first interim voucher submitted shall reflect all compensation claimed and reimbursable expenses incurred from the date on which your services were first retained to April 30, 2004, and shall be submitted no later than May 5, 2004; thereafter, the vouchers shall be submitted each month. Claimants shall complete Item 17 of each interim voucher submitted. Each voucher shall be assigned a number when processed for payment. Interim vouchers shall be submitted in accordance with this schedule even though little or no compensation or expenses are claimed for the respective period. All interim vouchers shall be supported by detailed and itemized time and expense statements. Chapter III of the Guidelines for the Administration of the Criminal Justice Act outlines the procedures and rules for claims by persons providing services pursuant to subsection (e) and should be followed regarding each voucher.
The Court will review the interim vouchers when submitted, particularly with regard to the amount of time claimed, and will authorize compensation to be paid for two-thirds of the approved number of hours. This compensation will be determined by multiplying two-thirds of the approved number of hours by the applicable rate. The Court will also authorize for payment all reimbursable expenses reasonably incurred.
Every three (3) months, counting from the submission date for the first interim voucher, until the conclusion of the services, claimant shall submit a cumulative interim voucher seeking payment of the outstanding one third balance withheld from all earlier interim compensation paid out during the preceding three-month interval, as well as payment for services rendered during the last interim period of the interval. The cumulative interim voucher shall be labeled as such and shall set forth in detail the time and expenses claimed for the entire interval, including all appropriate documentation. A statement shall be attached to the cumulative interim voucher, which reflects all compensation and reimbursement previously received, as well as the net amount remaining to be paid at the end of the interval. After reviewing the cumulative interim voucher, I will submit it to the chief judge of the circuit, or his or her delegate, for review and approval. At the conclusion of the period during which you provide services in this case, you shall submit a final cumulative voucher seeking payment of the one-third balance withheld from the interim vouchers processed during the final interval, as well as payment for services rendered during the last interim period of the interval.
2. Reimbursable Expenses
Person providing services pursuant to subsection (e) may be reimbursed for out-of-pocket expenses reasonably incurred incident to the representation. The following guidelines may be helpful:
a. Case related travel by privately owned automobile should be claimed at the rate of [$.36] cents per mile, plus parking fees, ferry fares, and bridge, road, and tunnel tolls. Transportation other than privately owned automobile should be claimed on an actual expense basis. Air travel in "first class" is prohibited. Counsel and persons providing service under the CJA are encouraged to contact the clerk for air travel authorization at government rates.
b. Actual expenses incurred for meals and lodging while traveling outside of the city of the interpreter's residence in the course of this representation must conform to the prevailing limitations placed upon travel and subsistence expenses of federal judiciary employees in accordance with existing government travel regulations. For specific details concerning high cost areas, counsel should consult the clerk.
c. Telephone toll calls, telegrams, photocopying, and photographs can all be reimbursable expenses if reasonably incurred. However, general office overhead, such as rent, secretarial help, and telephone service, is not a reimbursable expense, nor are items of a personal nature.
3. Further Questions or Guidance
Answers to questions concerning appointment under the Criminal Justice Act can generally be found in (1) 18 U.S.C. § 3006A; (2) the Plan of the United States District Court for the Middle District of Florida, available through the clerk, and (3) Guidelines for the Administration of the Criminal Justice Act, published by the Administrative Office of the U.S. Courts, also available through the clerk. Should these references fail to provide the desired clarification or direction, counsel should address their inquiry directly to me or my staff.
With respect to counsel's request to exceed the fee cap, this case will be extended and complex and may require greater compensation than normal to provide fair compensation. Accordingly, the Court recommends that the Chief Judge of the Eleventh Circuit waive the compensation maximum provided by the Criminal Justice Act.
This approval does not override the review of vouchers for reasonableness as required by the Criminal Justice Act.
It is ORDERED AND ADJUDGED that:
1. The Report and Recommendation of the Magistrate is ADOPTED, APPROVED, and INCORPORATED by reference into this Order.
2. Defendant Ghassan Ballut's Ex Parte Motion for Allocation of Funds under the Criminal Justice Act to Compensate Arabic and Hebrew Interpreters of Discovery (Dkt. #463) and Defendant Ghassan Ballut's Ex Parte Motion to Amend Order Alllocating C.J.A. Funds to Compensate Arabic and Hebrew Interpreters of Discovery (Dkt. #501) are GRANTED as detailed in this Order.
3. This Court requests initial approval from the Chief Judge of the Eleventh Circuit or his designee in amount that shall not exceed $177,660.00 for three interpreters.
DONE and ORDERED.