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.
(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 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 $500 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 $500.
(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 $1,600, 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 circuit judge.
(4) Disclosure of fees. - The amounts paid under this subsection
for services in any case shall be made available to the public.
(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.