4th Cir. R. 46(d)

In any appeal in which appointment of counsel is mandated by section (a)(1) of the Criminal

Justice Act, 18 U.S.C. § 3006A(a)(1), counsel is appointed upon the docketing of the appeal without

prior notice to the attorney who represented the indigent in the case below. The duty of counsel

appointed under the CJA extends through advising an unsuccessful appellant in writing of the right

to seek review in the Supreme Court. If the appellant requests in writing that a petition for a writ of

certiorari be filed and in counsel's considered judgment there are grounds for seeking Supreme

Court review, counsel shall file such a petition. If appellant requests that a petition for a writ of

certiorari be filed but counsel believes that such a petition would be frivolous, counsel may file a

motion to withdraw with the Court of Appeals. The motion must reflect that a copy was served on

the client and that the client was informed of the right to file a response to the motion within seven

days. The Clerk will hold the motion after filing for fifteen days before submitting it to the Court to

allow time for appellant's response, if any, to be received.

Assignment of counsel is discretionary in other indigent cases. Therefore, such cases receive a

preliminary review before a decision is made regarding appointment of counsel. In assigning

counsel, the Court may direct counsel to brief a particular issue, but counsel is free to address any

additional issues which appear to be meritorious.

Payment of counsel appointed under the CJA is governed by 18 U.S.C. § 3006A(d) and this

Circuit's Plan in Implementation of the Criminal Justice Act. Unless compensation for legal

services becomes available to assigned counsel by statute, the Court will pay counsel assigned for

appellate representation not covered by the CJA a maximum fee of $750 plus expenses from the

Attorney Admission Fund.

To receive payment from the Court, court-appointed or court-assigned counsel in all cases must

submit to the Clerk's Office an itemized statement of expenses, with receipts, within sixty days of

final disposition of the case. Depending upon the course of the case, this may be sixty days from (1)

the date of judgment, (2) dismissal of the appeal, or (3) denial of a petition for rehearing. Before the

expiration of the sixty-day time period the Court, for good cause shown, may grant counsel an

extension of time to file the application for compensation and reimbursement. If court-appointed

counsel files a petition for writ of certiorari with the Supreme Court, the 60-day period for applying

for compensation and reimbursement runs from the date of filing the petition for writ of certiorari.