Effective December 1, 2025 Nebraska Criminal Rules
(a) Deadline.
Counsel appointed under the Criminal Justice Act must submit the
completed voucher for fees and expenses electronically using the court's
eVoucher payment processing system within 45 days after sentencing or
dismissal of a case. (Information on using the court's eVoucher payment
processing system can be obtained by contacting the federal public
defender's office.) A letter showing good cause why the voucher should be
paid must accompany a voucher submitted after 45 days and less than 1
year after sentencing or dismissal of a case. The court summarily denies an
application or voucher submitted more than 1 year after sentencing or
dismissal of a case. Vouchers must be submitted to the federal public
defender, unless an attorney believes that the federal public defender has
a conflict of interest that would preclude the federal public defender from
properly receiving information in the voucher. If a potential conflict of interest
exists, the voucher may be submitted to the clerk.
(b) Fee Application Guidelines.
With respect to services performed and expenses incurred in a Criminal
Justice Act case, the following guidelines should help attorneys present to
the court information essential to a reasoned explanation of the fee award.
Attorneys should also review the most recent circuit court decisions for
additional guidance. These fee guidelines also may be appropriate in
applications for sanctions.
(1) Services Performed.
(A) Identify with particularity the work done.
(i) For a conference, state who was present, the subjects
discussed, and how long it lasted.
(ii) For research, state who did it, the subjects and issues
researched, and whether the results were incorporated
into a brief, motion, or pleading.
(iii) For travel time, segregate it, and state who traveled
and the purpose and mode of travel.
(iv) For pleadings, identify the pleading and who prepared it.
(B) Identify the status and background (attorney, paralegal, law
student) of each person performing an item of work.
Effective December 1, 2025 Nebraska Criminal Rules
(C) If a paralegal or law student performed services, state the
salary or other wage rate at which the attorney or law firm
pays the paralegal or law student.
(D) If the services apply to more than one case, identify the
relative applicability to each case.
(2) Expenses Incurred.
Identify the expense with particularity.
(A) For photocopies, state the items copied, why they were
copied, how they were used, and the number of pages copied.
(B) For depositions, list the court reporter's name, the date of
taking, the deponent's identity, the purpose of taking the
deposition (discovery or evidentiary), and the use made of the
deposition.
(C) For long-distance telephone calls, list the date, by whom, to
whom, the location of the person called, and the subject of the
call.
(c) Public Disclosure of Financial Information.
(1) Defendant's Financial Information.
Financial affidavits filed by defendants in seeking appointed
representation under the Criminal Justice Act must not be included
in the public case file or made available to the public at the
courthouse or via electronic access.
(2) Payments to Counsel.
(A) Public Access.
Volume 7, Part A, Chapter 5 of the Guide to Judiciary Policy,
distributed by the Administrative Office of the United States
Courts, describes the procedures for public disclosure of
information pertaining to activities under the Criminal Justice
Act, 18 U.S.C. § 3006A, and related statutes.
(B) Notice to Appointed Counsel.
Effective December 1, 2025 Nebraska Criminal Rules
The Office of the Federal Public Defender must,
simultaneously with the issuance to counsel of the CJA 20 or
CJA 30 form, provide the appointed counsel a copy of the CJA
19 form entitled: "Notice to Court-Appointed Counsel of Public
Disclosure of Attorney Fee Information."
(d) Requests Above Statutory Limit.
If an appointed counsel's claim for fees and expenses exceeds the statutory
limit, the attorney must submit a memorandum with the CJA voucher
supporting and justifying the attorney's claim that the representation given
was in an extended or complex case, and that the excess payment is
necessary to provide fair compensation. See Volume 7, Part A, Chapter 2,
§ 230.30(b)(1) of the Guide to Judiciary Policy.
(e) Requests for Interim Payments.
When a criminal case is extended or complex and appointed counsel would
endure financial hardship without interim payments, the attorney may file a
motion for approval of interim payments of fees and expenses in
accordance with Volume 7, Part A, Chapter 2, § 230.73 of the Guide to
Judiciary Policy.
