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faq for csc claims

 

Announcement

For attorneys who have been appointed in cases in the California Supreme Court, there is a form that must be completed and submitted to JCC/Accounting before any Supreme Court Claim can be processed in the case. The form is available here (external link to PDF). Attorneys only need to submit the form on their first case in the California Supreme Court.

For quickest processing, send the completed form directly to:

JUDICIAL COUNCIL OF CALIFORNIA
Attn: Alberto Cruz, Accounting Unit
455 Golden Gate Avenue, 6th Floor
San Francisco, CA 94102-3688

Let Alberto know that you have a current appointment or claim pending with the Supreme Court.

This form is mandatory in order to enter the attorney ("vendor") into the Stateís new FI$CAL system. Once accounting receives the form, the attorney is entered into the system and any claim sent from the Supreme Court can then be matched with them in the system. If the attorney isnít yet in the FI$CAL system then there will be a delay. Note that Court of Appeal appointed case payments are not yet processed through FI$CAL, although eventually they will be. Consequently, there is no rush for other panel attorneys to send in the form now. Appellate Court Services will inform the projects when that needs to happen.

 

Frequently Asked Questions for Calif. Supreme Court Claims

Q: When can I submit a Supreme Court claim?
A: An interim claim can be submitted after the Brief on the Merits is filed with the Supreme Court. A final claim can be submitted at the end of that Court appointment.

 

Q: Can I use the CCAP WebClaims portal to create my Supreme Court claim?
A: Yes, for CCAP appointments only. Once you create your claim and submit it via the WebClaims portal, the system will prompt you to also email your claim to the Supreme Court for processing. The WebClaims process alone will not complete your submission. Although the claim will bypass handling by CCAP, it is a combination of e-process and paper-process on the Supreme Court end until further notice.

 

Q: Does the project review the claim or will it be delayed using WebClaims?
A: No. CCAP staff do not see these claims as they bypass the CCAP system and are submitted (via WebClaims) directly to the California Supreme Court.

 

Q: Must I use WebClaims, or may I send it directly to the Court myself?
A: Using WebClaims simplifies the Supreme Court claim submission process. Once you create your claim and click "submit" in WebClaims, the system will prompt you to email the claim to the appropriate person at the Supreme Court for processing. The WebClaims process alone will not complete your submission. Although the claim will bypass handling by CCAP, it is a combination of e-process and paper-process on the Supreme Court end until further notice. They will await submission of both copies before beginning to process your claim.

 

Q: Are there any other Supreme Court requirements for processing a claim?
A: Yes, there is a form that must be completed and submitted to JCC/accounting before your first Supreme Court Claim can be processed. (See above announcement box; follow all compliance steps.) This form puts counsel into the Supreme Court accounting system, called FI$CAL. You should only have to do this one time, on the first case/first Supreme Court claim processed. It DOES NOT MATTER that you may already be in the Court of Appeal accounting system, as they are not connected yet to FI$CAL. This unresolved step can delay a claim if done simultaneously, therefore it is strongly recommended that you take care of this administrative step as soon as you receive your first Supreme Court appointment from any project. You may have to follow up with accounting for auto-deposit as that does not seem to carry over from the Court of Appeal system either.

 

Q: When can I file a claim on the related Court of Appeal case?
A: All Court of Appeal appointed attorneys -- both those who are additionally appointed by the Supreme Court and those who are not appointed -- may file their final claim in their Court of Appeal case with CCAP once they have completed their work on the case, usually this is immediately following the filing the Petition for Review.

 

Q: What if the Supreme Court subsequently remands the case to the Court of Appeal; can I file a supplemental final claim?
A: Yes. If the Supreme Court subsequently remands the case to the Court of Appeal for further work, your Court of Appeal appointment reactivates and you may file a supplemental final claim for the additional work done on the case at the Court of Appeal level. (This is true even if another attorney was appointed at the Supreme Court level.)

 

Q: If I have a question about my Supreme Court claim, do I call the JCC?
A: No, the JCC does not handle Supreme Court claims. Instead, call the California Supreme Court for questions about your claim.

 

Q: What claim form do I use, or is it the same as the Court of Appeal one?
A: Yes, the same form is used for both Court of Appeal and Supreme Court. Some of the requirements for the Court of Appeal data do not apply and we have disabled those that do not within WebClaims. Different guidelines may also apply, such as Oral Argument. We recommend that you bill all your time and let the Court decide where to make a cut, if any.

 

Q: What is the compensation rate for a Supreme Court case?
A: The rate is determined by the 3-tier hourly rates at the time of the appointment for the Supreme Court case. See the Rate Information Page for this calculation.

 

Q: Do the statewide guidelines for compensation in the Court of Appeal apply to Supreme Court cases?
A: The Supreme Court uses the same statewide guidelines, although they may apply them differently, such as Oral Argument, which will almost always be over normal guidelines. [CCAP recommends that you bill all of your time and not self-cut to guidelines. Let the Court decide what is reasonable or where to make a cut, if any. Explain any item that is over statewide guidelines or is unusual.]

 

Q: Can I claim per diem expenses?
A: Yes if the statewide per diem expense allowances for meals and travel apply. See our Frequently Asked Questions About Per Diem Expenses article to determine how to calculate per diem travel expenses.

 

Q: Can I claim time for record review?
A: Yes, but only a minimal amount of time is expected here unless appointed counsel is not the same appointed counsel as in the Court of Appeal. Include a comment.

 

Q: Can I claim time for moot court?
A: Yes, bill it as part of your preparation for oral argument and itemize your time in a comment with a breakdown of preparation, moot court, and actual oral argument time.

 

Q: What is the "Lower Court Case No." on page 1 of the claim form for a Supreme Court case?
A: It is the Court of Appeal number.

 

Q: Do I need to send receipts with my claim?
A: No, but save your receipts because you may be contacted to send them to support the claim. The Supreme Court billing may include receipts for flight, train, rental car and/or hotel. Receipts are also required for any single expense item over $100. If cumulatively an expense item exceeds $100, then itemize it in a claim comment.

 

Q: Can I claim Admin Time in Line 22?
A: Yes. The Supreme Court has now adopted the JCC's policy of allowing up to 1.0 hour of compensation in this category.

 

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