18 U.S.C. § 3006A : US Code - Section 3006A: Adequate representation of defendants

Search 18 U.S.C. § 3006A : US Code - Section 3006A: Adequate representation of defendants

      (a) Choice of Plan. - Each United States district court, with the
    approval of the judicial council of the circuit, shall place in
    operation throughout the district a plan for furnishing
    representation for any person financially unable to obtain adequate
    representation in accordance with this section. Representation
    under each plan shall include counsel and investigative, expert,
    and other services necessary for adequate representation. Each plan
    shall provide the following:
        (1) Representation shall be provided for any financially
      eligible person who - 
          (A) is charged with a felony or a Class A misdemeanor;
          (B) is a juvenile alleged to have committed an act of
        juvenile delinquency as defined in section 5031 of this title;
          (C) is charged with a violation of probation;
          (D) is under arrest, when such representation is required by
        law;
          (E) is charged with a violation of supervised release or
        faces modification, reduction, or enlargement of a condition,
        or extension or revocation of a term of supervised release;
          (F) is subject to a mental condition hearing under chapter
        313 of this title;
          (G) is in custody as a material witness;
          (H) is entitled to appointment of counsel under the sixth
        amendment to the Constitution;
          (I) faces loss of liberty in a case, and Federal law requires
        the appointment of counsel; or
          (J) is entitled to the appointment of counsel under section
        4109 of this title.

        (2) Whenever the United States magistrate judge or the court
      determines that the interests of justice so require,
      representation may be provided for any financially eligible
      person who - 
          (A) is charged with a Class B or C misdemeanor, or an
        infraction for which a sentence to confinement is authorized;
        or
          (B) is seeking relief under section 2241, 2254, or 2255 of
        title 28.

        (3) Private attorneys shall be appointed in a substantial
      proportion of the cases. Each plan may include, in addition to
      the provisions for private attorneys, either of the following or
      both:
          (A) Attorneys furnished by a bar association or a legal aid
        agency,
          (B) Attorneys furnished by a defender organization
        established in accordance with the provisions of subsection
        (g).

    Prior to approving the plan for a district, the judicial council of
    the circuit shall supplement the plan with provisions for
    representation on appeal. The district court may modify the plan at
    any time with the approval of the judicial council of the circuit.
    It shall modify the plan when directed by the judicial council of
    the circuit. The district court shall notify the Administrative
    Office of the United States Courts of any modification of its plan.
      (b) Appointment of Counsel. - Counsel furnishing representation
    under the plan shall be selected from a panel of attorneys
    designated or approved by the court, or from a bar association,
    legal aid agency, or defender organization furnishing
    representation pursuant to the plan. In every case in which a
    person entitled to representation under a plan approved under
    subsection (a) appears without counsel, the United States
    magistrate judge or the court shall advise the person that he has
    the right to be represented by counsel and that counsel will be
    appointed to represent him if he is financially unable to obtain
    counsel. Unless the person waives representation by counsel, the
    United States magistrate judge or the court, if satisfied after
    appropriate inquiry that the person is financially unable to obtain
    counsel, shall appoint counsel to represent him. Such appointment
    may be made retroactive to include any representation furnished
    pursuant to the plan prior to appointment. The United States
    magistrate judge or the court shall appoint separate counsel for
    persons having interests that cannot properly be represented by the
    same counsel, or when other good cause is shown.
      (c) Duration and Substitution of Appointments. - A person for
    whom counsel is appointed shall be represented at every stage of
    the proceedings from his initial appearance before the United
    States magistrate judge or the court through appeal, including
    ancillary matters appropriate to the proceedings. If at any time
    after the appointment of counsel the United States magistrate judge
    or the court finds that the person is financially able to obtain
    counsel or to make partial payment for the representation, it may
    terminate the appointment of counsel or authorize payment as
    provided in subsection (f), as the interests of justice may
    dictate. If at any stage of the proceedings, including an appeal,
    the United States magistrate judge or the court finds that the
    person is financially unable to pay counsel whom he had retained,
    it may appoint counsel as provided in subsection (b) and authorize
    payment as provided in subsection (d), as the interests of justice
    may dictate. The United States magistrate judge or the court may,
    in the interests of justice, substitute one appointed counsel for
    another at any stage of the proceedings.
      (d) Payment for Representation. - 
      (1) Hourly Rate. - Any attorney appointed pursuant to this
    section or a bar association or legal aid agency or community
    defender organization which has provided the appointed attorney
    shall, at the conclusion of the representation or any segment
    thereof, be compensated at a rate not exceeding $60 per hour for
    time expended in court or before a United States magistrate judge
    and $40 per hour for time reasonably expended out of court, unless
    the Judicial Conference determines that a higher rate of not in
    excess of $75 per hour is justified for a circuit or for particular
    districts within a circuit, for time expended in court or before a
    United States magistrate judge and for time expended out of court.
    The Judicial Conference shall develop guidelines for determining
    the maximum hourly rates for each circuit in accordance with the
    preceding sentence, with variations by district, where appropriate,
    taking into account such factors as the minimum range of the
    prevailing hourly rates for qualified attorneys in the district in
    which the representation is provided and the recommendations of the
    judicial councils of the circuits. Not less than 3 years after the
    effective date of the Criminal Justice Act Revision of 1986, the
    Judicial Conference is authorized to raise the maximum hourly rates
    specified in this paragraph up to the aggregate of the overall
    average percentages of the adjustments in the rates of pay under
    the General Schedule made pursuant to section 5305 (!1) of title 5
    on or after such effective date. After the rates are raised under
    the preceding sentence, such maximum hourly rates may be raised at
    intervals of not less than 1 year each, up to the aggregate of the
    overall average percentages of such adjustments made since the last
    raise was made under this paragraph. Attorneys may be reimbursed
    for expenses reasonably incurred, including the costs of
    transcripts authorized by the United States magistrate (!2) or the
    court, and the costs of defending actions alleging malpractice of
    counsel in furnishing representational services under this section.
    No reimbursement for expenses in defending against malpractice
    claims shall be made if a judgment of malpractice is rendered
    against the counsel furnishing representational services under this
    section. The United States magistrate (!2) or the court shall make
    determinations relating to reimbursement of expenses under this
    paragraph.


      (2) Maximum Amounts. - For representation of a defendant before
    the United States magistrate judge or the district court, or both,
    the compensation to be paid to an attorney or to a bar association
    or legal aid agency or community defender organization shall not
    exceed $7,000 for each attorney in a case in which one or more
    felonies are charged, and $2,000 for each attorney in a case in
    which only misdemeanors are charged. For representation of a
    defendant in an appellate court, the compensation to be paid to an
    attorney or to a bar association or legal aid agency or community
    defender organization shall not exceed $5,000 for each attorney in
    each court. For representation of a petitioner in a non-capital
    habeas corpus proceeding, the compensation for each attorney shall
    not exceed the amount applicable to a felony in this paragraph for
    representation of a defendant before a judicial officer of the
    district court. For representation of such petitioner in an
    appellate court, the compensation for each attorney shall not
    exceed the amount applicable for representation of a defendant in
    an appellate court. For representation of an offender before the
    United States Parole Commission in a proceeding under section 4106A
    of this title, the compensation shall not exceed $1,500 for each
    attorney in each proceeding; for representation of an offender in
    an appeal from a determination of such Commission under such
    section, the compensation shall not exceed $5,000 for each attorney
    in each court. For any other representation required or authorized
    by this section, the compensation shall not exceed $1,500 for each
    attorney in each proceeding. The compensation maximum amounts
    provided in this paragraph shall increase simultaneously by the
    same percentage, rounded to the nearest multiple of $100, as the
    aggregate percentage increases in the maximum hourly compensation
    rate paid pursuant to paragraph (1) for time expended since the
    case maximum amounts were last adjusted.
      (3) Waiving Maximum Amounts. - Payment in excess of any maximum
    amount provided in paragraph (2) of this subsection may be made for
    extended or complex representation whenever the court in which the
    representation was rendered, or the United States magistrate judge
    if the representation was furnished exclusively before him,
    certifies that the amount of the excess payment is necessary to
    provide fair compensation and the payment is approved by the chief
    judge of the circuit. The chief judge of the circuit may delegate
    such approval authority to an active or senior circuit judge.
      (4) Disclosure of fees. - 
        (A) In general. - Subject to subparagraphs (B) through (E), the
      amounts paid under this subsection for services in any case shall
      be made available to the public by the court upon the court's
      approval of the payment.
        (B) Pre-trial or trial in progress. - If a trial is in pre-
      trial status or still in progress and after considering the
      defendant's interests as set forth in subparagraph (D), the court
      shall - 
          (i) redact any detailed information on the payment voucher
        provided by defense counsel to justify the expenses to the
        court; and
          (ii) make public only the amounts approved for payment to
        defense counsel by dividing those amounts into the following
        categories:
            (I) Arraignment and or plea.
            (II) Bail and detention hearings.
            (III) Motions.
            (IV) Hearings.
            (V) Interviews and conferences.
            (VI) Obtaining and reviewing records.
            (VII) Legal research and brief writing.
            (VIII) Travel time.
            (IX) Investigative work.
            (X) Experts.
            (XI) Trial and appeals.
            (XII) Other.

        (C) Trial completed. - 
          (i) In general. - If a request for payment is not submitted
        until after the completion of the trial and subject to
        consideration of the defendant's interests as set forth in
        subparagraph (D), the court shall make available to the public
        an unredacted copy of the expense voucher.
          (ii) Protection of the rights of the defendant. - If the
        court determines that defendant's interests as set forth in
        subparagraph (D) require a limited disclosure, the court shall
        disclose amounts as provided in subparagraph (B).

        (D) Considerations. - The interests referred to in
      subparagraphs (B) and (C) are - 
          (i) to protect any person's 5th amendment right against self-
        incrimination;
          (ii) to protect the defendant's 6th amendment rights to
        effective assistance of counsel;
          (iii) the defendant's attorney-client privilege;
          (iv) the work product privilege of the defendant's counsel;
          (v) the safety of any person; and
          (vi) any other interest that justice may require, except that
        the amount of the fees shall not be considered a reason
        justifying any limited disclosure under section 3006A(d)(4) of
        title 18, United States Code.

        (E) Notice. - The court shall provide reasonable notice of
      disclosure to the counsel of the defendant prior to the approval
      of the payments in order to allow the counsel to request
      redaction based on the considerations set forth in subparagraph
      (D). Upon completion of the trial, the court shall release
      unredacted copies of the vouchers provided by defense counsel to
      justify the expenses to the court. If there is an appeal, the
      court shall not release unredacted copies of the vouchers
      provided by defense counsel to justify the expenses to the court
      until such time as the appeals process is completed, unless the
      court determines that none of the defendant's interests set forth
      in subparagraph (D) will be compromised.
        (F) Effective date. - The amendment made by paragraph (4) shall
      become effective 60 days after enactment of this Act, will apply
      only to cases filed on or after the effective date, and shall be
      in effect for no longer than 24 months after the effective date.

      (5) Filing Claims. - A separate claim for compensation and
    reimbursement shall be made to the district court for
    representation before the United States magistrate judge and the
    court, and to each appellate court before which the attorney
    provided representation to the person involved. Each claim shall be
    supported by a sworn written statement specifying the time
    expended, services rendered, and expenses incurred while the case
    was pending before the United States magistrate judge and the
    court, and the compensation and reimbursement applied for or
    received in the same case from any other source. The court shall
    fix the compensation and reimbursement to be paid to the attorney
    or to the bar association or legal aid agency or community defender
    organization which provided the appointed attorney. In cases where
    representation is furnished exclusively before a United States
    magistrate judge, the claim shall be submitted to him and he shall
    fix the compensation and reimbursement to be paid. In cases where
    representation is furnished other than before the United States
    magistrate judge, the district court, or an appellate court, claims
    shall be submitted to the district court which shall fix the
    compensation and reimbursement to be paid.
      (6) New Trials. - For purposes of compensation and other payments
    authorized by this section, an order by a court granting a new
    trial shall be deemed to initiate a new case.
      (7) Proceedings Before Appellate Courts. - If a person for whom
    counsel is appointed under this section appeals to an appellate
    court or petitions for a writ of certiorari, he may do so without
    prepayment of fees and costs or security therefor and without
    filing the affidavit required by section 1915(a) of title 28.
      (e) Services Other Than Counsel. - 
      (1) Upon Request. - Counsel for a person who is financially
    unable to obtain investigative, expert, or other services necessary
    for adequate representation may request them in an ex parte
    application. Upon finding, after appropriate inquiry in an ex parte
    proceeding, that the services are necessary and that the person is
    financially unable to obtain them, the court, or the United States
    magistrate judge if the services are required in connection with a
    matter over which he has jurisdiction, shall authorize counsel to
    obtain the services.
      (2) Without Prior Request. - (A) Counsel appointed under this
    section may obtain, subject to later review, investigative, expert,
    and other services without prior authorization if necessary for
    adequate representation. Except as provided in subparagraph (B) of
    this paragraph, the total cost of services obtained without prior
    authorization may not exceed $800 and expenses reasonably incurred.
      (B) The court, or the United States magistrate judge (if the
    services were rendered in a case disposed of entirely before the
    United States magistrate judge), may, in the interest of justice,
    and upon the finding that timely procurement of necessary services
    could not await prior authorization, approve payment for such
    services after they have been obtained, even if the cost of such
    services exceeds $800.
      (3) Maximum Amounts. - Compensation to be paid to a person for
    services rendered by him to a person under this subsection, or to
    be paid to an organization for services rendered by an employee
    thereof, shall not exceed $2,400, exclusive of reimbursement for
    expenses reasonably incurred, unless payment in excess of that
    limit is certified by the court, or by the United States magistrate
    judge if the services were rendered in connection with a case
    disposed of entirely before him, as necessary to provide fair
    compensation for services of an unusual character or duration, and
    the amount of the excess payment is approved by the chief judge of
    the circuit. The chief judge of the circuit may delegate such
    approval authority to an active or senior circuit judge.
      (4) Disclosure of fees. - The amounts paid under this subsection
    for services in any case shall be made available to the public.
      (5) The dollar amounts provided in paragraphs (2) and (3) shall
    be adjusted simultaneously by an amount, rounded to the nearest
    multiple of $100, equal to the percentage of the cumulative
    adjustments taking effect under section 5303 of title 5 in the
    rates of pay under the General Schedule since the date the dollar
    amounts provided in paragraphs (2) and (3), respectively, were last
    enacted or adjusted by statute.
      (f) Receipt of Other Payments. - Whenever the United States
    magistrate judge or the court finds that funds are available for
    payment from or on behalf of a person furnished representation, it
    may authorize or direct that such funds be paid to the appointed
    attorney, to the bar association or legal aid agency or community
    defender organization which provided the appointed attorney, to any
    person or organization authorized pursuant to subsection (e) to
    render investigative, expert, or other services, or to the court
    for deposit in the Treasury as a reimbursement to the
    appropriation, current at the time of payment, to carry out the
    provisions of this section. Except as so authorized or directed, no
    such person or organization may request or accept any payment or
    promise of payment for representing a defendant.
      (g) Defender Organization. - 
      (1) Qualifications. - A district or a part of a district in which
    at least two hundred persons annually require the appointment of
    counsel may establish a defender organization as provided for
    either under subparagraphs (A) or (B) of paragraph (2) of this
    subsection or both. Two adjacent districts or parts of districts
    may aggregate the number of persons required to be represented to
    establish eligibility for a defender organization to serve both
    areas. In the event that adjacent districts or parts of districts
    are located in different circuits, the plan for furnishing
    representation shall be approved by the judicial council of each
    circuit.
      (2) Types of Defender Organizations. - 
      (A) Federal Public Defender Organization. - A Federal Public
    Defender Organization shall consist of one or more full-time
    salaried attorneys. An organization for a district or part of a
    district or two adjacent districts or parts of districts shall be
    supervised by a Federal Public Defender appointed by the court of
    appeals of the circuit, without regard to the provisions of title 5
    governing appointments in the competitive service, after
    considering recommendations from the district court or courts to be
    served. Nothing contained herein shall be deemed to authorize more
    than one Federal Public Defender within a single judicial district.
    The Federal Public Defender shall be appointed for a term of four
    years, unless sooner removed by the court of appeals of the circuit
    for incompetency, misconduct in office, or neglect of duty. Upon
    the expiration of his term, a Federal Public Defender may, by a
    majority vote of the judges of the court of appeals, continue to
    perform the duties of his office until his successor is appointed,
    or until one year after the expiration of such Defender's term,
    whichever is earlier. The compensation of the Federal Public
    Defender shall be fixed by the court of appeals of the circuit at a
    rate not to exceed the compensation received by the United States
    attorney for the district where representation is furnished or, if
    two districts or parts of districts are involved, the compensation
    of the higher paid United States attorney of the districts. The
    Federal Public Defender may appoint, without regard to the
    provisions of title 5 governing appointments in the competitive
    service, full-time attorneys in such number as may be approved by
    the court of appeals of the circuit and other personnel in such
    number as may be approved by the Director of the Administrative
    Office of the United States Courts. Compensation paid to such
    attorneys and other personnel of the organization shall be fixed by
    the Federal Public Defender at a rate not to exceed that paid to
    attorneys and other personnel of similar qualifications and
    experience in the Office of the United States attorney in the
    district where representation is furnished or, if two districts or
    parts of districts are involved, the higher compensation paid to
    persons of similar qualifications and experience in the districts.
    Neither the Federal Public Defender nor any attorney so appointed
    by him may engage in the private practice of law. Each organization
    shall submit to the Director of the Administrative Office of the
    United States Courts, at the time and in the form prescribed by
    him, reports of its activities and financial position and its
    proposed budget. The Director of the Administrative Office shall
    submit, in accordance with section 605 of title 28, a budget for
    each organization for each fiscal year and shall out of the
    appropriations therefor make payments to and on behalf of each
    organization. Payments under this subparagraph to an organization
    shall be in lieu of payments under subsection (d) or (e).
      (B) Community Defender Organization. - A Community Defender
    Organization shall be a non-profit defense counsel service
    established and administered by any group authorized by the plan to
    provide representation. The organization shall be eligible to
    furnish attorneys and receive payments under this section if its
    bylaws are set forth in the plan of the district or districts in
    which it will serve. Each organization shall submit to the Judicial
    Conference of the United States an annual report setting forth its
    activities and financial position and the anticipated caseload and
    expenses for the next fiscal year. Upon application an organization
    may, to the extent approved by the Judicial Conference of the
    United States:
        (i) receive an initial grant for expenses necessary to
      establish the organization; and
        (ii) in lieu of payments under subsection (d) or (e), receive
      periodic sustaining grants to provide representation and other
      expenses pursuant to this section.

      (3) Malpractice and Negligence Suits. - The Director of the
    Administrative Office of the United States Courts shall, to the
    extent the Director considers appropriate, provide representation
    for and hold harmless, or provide liability insurance for, any
    person who is an officer or employee of a Federal Public Defender
    Organization established under this subsection, or a Community
    Defender Organization established under this subsection which is
    receiving periodic sustaining grants, for money damages for injury,
    loss of liberty, loss of property, or personal injury or death
    arising from malpractice or negligence of any such officer or
    employee in furnishing representational services under this section
    while acting within the scope of that person's office or
    employment.
      (h) Rules and Reports. - Each district court and court of appeals
    of a circuit shall submit a report on the appointment of counsel
    within its jurisdiction to the Administrative Office of the United
    States Courts in such form and at such times as the Judicial
    Conference of the United States may specify. The Judicial
    Conference of the United States may, from time to time, issue rules
    and regulations governing the operation of plans formulated under
    this section.
      (i) Appropriations. - There are authorized to be appropriated to
    the United States courts, out of any money in the Treasury not
    otherwise appropriated, sums necessary to carry out the provisions
    of this section, including funds for the continuing education and
    training of persons providing representational services under this
    section. When so specified in appropriation acts, such
    appropriations shall remain available until expended. Payments from
    such appropriations shall be made under the supervision of the
    Director of the Administrative Office of the United States Courts.
      (j) Districts Included. - As used in this section, the term
    "district court" means each district court of the United States
    created by chapter 5 of title 28, the District Court of the Virgin
    Islands, the District Court for the Northern Mariana Islands, and
    the District Court of Guam.
      (k) Applicability in the District of Columbia. - The provisions
    of this section shall apply in the United States District Court for
    the District of Columbia and the United States Court of Appeals for
    the District of Columbia Circuit. The provisions of this section
    shall not apply to the Superior Court of the District of Columbia
    and the District of Columbia Court of Appeals.