Expansion and Preauthorization Procedures Overview

The Third and Fifth District Courts of Appeal require appointed counsel to consult with CCAP before either (1) doing work outside of the appointment for appeal, or (2) incurring extraordinary expenses, such as translators, experts, unusual copying fees, legislative research service fees, and travel other than for oral argument. In order for CCAP to recommend compensation for work done outside of the scope of counsel’s appointment, counsel must seek expansion of the appointment from the Court of Appeal. In order for CCAP to recommend compensation for extraordinary expenses, counsel must seek preauthorization for those expenses either from CCAP or the Court, depending on the type of expense and amount sought, before they are incurred. Because CCAP’s authority for compensation recommendations for work performed without court approval is limited, panel attorneys are expected to be familiar with the required steps for seeking expansions and preauthorizations in the Third and Fifth District. Nunc pro tunc orders are exceptional.