FAQs About Travel Expense Reimbursements and Per Diem Allowances
A. General Rules
Attorneys are compensated for the most economical means of transit, regardless of the mode actually used. In determining the cost of travel, CCAP will (1) examine both the expense and the attorney time and (2) apply Statewide Travel Guidelines and any preauthorization requirements.
Counsel are advised to retain copies of receipts. Some receipts for hotel and airfare may be requested by the project or by the JCC.
Third & Fifth District Cases: Do you need preauthorization?
Prior approval for any travel other than for oral argument must be preauthorized for all Third and Fifth District cases. See Preauthorization Steps & Procedures. Questions regarding the need for travel preauthorization or regarding coverage of travel related expenses should be directed to CCAP prior to incurring the expense.
B. Per Diem Allowance
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- What is a per diem allowance?
A per diem allowance is a payment for meals and lodging to appointed counsel traveling on appeal-related business and is permitted only for necessary overnight trips. The panel allowance is set by the JCC and AIDOAC. Rates do not necessarily match current per diem rates for state employees, nor do the rates automatically increase when state employee rates increase. - How much is the CAC per diem allowance?
Unlike other expense items that may be based on actual cost or date incurred, the JCC often set panel travel expenses based on appointment date. Always check to see what applies. See, e.g., Statewide Travel Expense Guidelines & Rates (eff. 1/1/2017-2/28/2025) and Updated 2025 Travel Guidelines & Expenses (eff. 3/1/2025). - Does the per diem allowance cover my expenses dollar for dollar?
Yes, as long as the expense incurred is within the guideline amounts per category. You may only claim what you actually spend, regardless of whether the amount spent for per diem expenses was more or less than the allowance. - May I divide the allowances between lodging and meals if I go over in one area and under in another?
No. The per diem allowance is guidelines for your expenses and should be adhered to as closely as possible. If, for example, you are trying to stay within the allowance and want a more expensive dinner, you cannot spend less on other meals to combine allowances to “make up the difference.” CCAP will most likely cut an over-guideline amount where your actual expenses per meal are greater than the allowance for it. - What if my lodging exceeds the state allowance/guideline?
Unfortunately, the “state rate” is available only to state employees, not to independent contractors for the state. Because panel attorneys are independent contractors, the state rate is not available to you. Therefore, your actual cost for lodging may be more or less than the set per diem allowance for lodging depending on the area you have traveled to. For example, staying in San Francisco will be necessarily higher than staying in Fresno. However, the JCC does not expect panel attorneys to opt for suite accommodations, when a clean, simple room will do. Attorneys are urged to use their business and common sense in choosing adequate, clean and safe accommodations. - What period does the per diem allowance cover?
The per diem allowance covers your round-trip travel time and the time you attend your appeal-related function, e.g., your court appearance. According to the statewide travel guidelines and rates for appointed counsel, per diem expenses apply only to a necessary overnight trip. Round-trip travel time from your home or office to the site of the function includes only your actual travel time. Time taken in transit for personal reasons is not covered. The per diem applies from the beginning to the end of the appeal-related function. For some early morning court appearances, the designated beginning may be the evening before in order to allow a timely appearance at court. If you choose to arrive early or stay after the function ends for personal reasons, you must deduct that time from your per diem claim. - What if I stay less than 24 hours?
For periods less than 24 hours, you will generally be allowed amounts shown in item 2 for only the following categories and only if there is an overnight stay involved:
Breakfast – if the covered period begins at 7:00 a.m. or earlier;
Lunch – up to allowance amount;
Dinner – if the period ends at 6:00 p.m. or later;
Lodging – up to allowance amount;
Incidentals – actual cost if reasonable to incur. - Do I get a per diem allowance for trips of 25 miles or less?
No. An allowance for meals or lodging is neither given for trips of 25 miles or less one-way, nor short trips not warranting an overnight stay. The distance is measured from your home or office, whichever is closer to the function. Also, you will not be compensated for travel time for client visits/superior court file review/exhibits/etc. if the travel is 25 miles or less one-way. But mileage (and other related necessary travel expenses such as bridge tolls) will be reimbursed without regard to the 25-mile limitation. If the appeal-related function is more than 25 miles away and you choose to return home each night, per diem amounts do not apply. - Does the per diem allowance cover all of my expenses at a case related function?
No. The per diem allowance generally applies only to meals and lodging. For example, it does not cover room video rentals or restaurant/cafe tips. - Do per diem travel allowances cover incidentals?
Some incidentals are reimbursable at the actual amount if the costs were reasonably incurred, such as bridge fares and garage/parking fees. Tips are not reimbursable and should be subtracted from the claimed expense item.
- What is a per diem allowance?
C. Other Travel Expense Reimbursements
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- Will I also be reimbursed for my other travel expenses such as transportation?
Yes, when covered by state travel guidelines for the panel. The travel reimbursements should be your actual expenses of traveling round-trip and overnight between your home or office and the function if it was the least expensive means of transportation available. These expenses should be anticipated ahead of time and included in the travel preauthorization request submitted to CCAP. You may be asked to submit receipts for some travel expenses such as hotel and airfare receipts. If you travel by plane, you will be allowed coach fare plus the cost of a shuttle or other ride to and from each airport. (See the airports rate chart in the Statewide Travel Expense Guidelines & Rates.) If the airline does not provide tickets and it is a ticketless flight, then the itinerary with the same pricing and other information that would be found on the ticket should be submitted with the claim. You will also be allowed the least expensive long-term parking expenses. When train or plane is the most economical, attorneys are not paid for the time actually in transit, as that time can be spent reading, doing other work, etc. If you choose to drive and the expenses claimed are more than air travel would have been, your reimbursement will be limited to that airfare plus ground transportation cost and parking. You may submit a comparison to the project showing a Google Map type of printout showing mileage or a comparison airfare estimate. You will be allowed travel expenses for necessary, preauthorized trips of any length. The 25-mile, one-way limitation (see Item B.8 above) does not apply to the travel expense allowance (as opposed to time). - What is the current allowance for driving my private car?
What about a taxi?
The current reimbursable rate is 70 cents per mile for mileage incurred on cases where counsel was appointed on or after March 1, 2025. (See Statewide Travel Expense Guidelines & Rates [ for mileage and lodging rates in effect for travel for cases that counsel was appointed prior to March 1, 2025.) Use of a taxi is usually not economical; compare rates and choose a less expensive alternative carfare whenever possible. (See Statewide Travel Expense Guidelines & Rates)
- Will I also be reimbursed for my other travel expenses such as transportation?