§ 3006A. — Adequate representation of defendants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3006A]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 201--GENERAL PROVISIONS
Sec. 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.
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\1\ See References in Text note below.
\2\ So in original. Probably should be ``United States magistrate
judge''.
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(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 $5,200
for each attorney in a case in which one or more felonies are charged,
and $1,500 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 $3,700
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 $1,200 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 $3,900
for each attorney in each court. For any other representation required
or authorized by this section, the compensation shall not exceed $1,200
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 $300 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 $300.
(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 $1,000, 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.
(Added Pub. L. 88-455, Sec. 2, Aug. 20, 1964, 78 Stat. 552; amended Pub.
L. 90-578, title III, Sec. 301(a)(1), Oct. 17, 1968, 82 Stat. 1115; Pub.
L. 91-447, Sec. 1, Oct. 14, 1970, 84 Stat. 916; Pub. L. 93-412, Sec. 3,
Sept. 3, 1974, 88 Stat. 1093; Pub. L. 97-164, title II, Sec. 206(a),
(b), Apr. 2, 1982, 96 Stat. 53; Pub. L. 98-473, title II, Secs. 223(e),
405, 1901, Oct. 12, 1984, 98 Stat. 2028, 2067, 2185; Pub. L. 99-651,
title I, Secs. 102, 103, Nov. 14, 1986, 100 Stat. 3642, 3645; Pub. L.
100-182, Sec. 19, Dec. 7, 1987, 101 Stat. 1270; Pub. L. 100-690, title
VII, Sec. 7101(f), Nov. 18, 1988, 102 Stat. 4416; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104-132, title IX,
Sec. 903(a), Apr. 24, 1996, 110 Stat. 1318; Pub. L. 105-119, title III,
Sec. 308, Nov. 26, 1997, 111 Stat. 2493; Pub. L. 106-113, div. B,
Sec. 1000(a)(1) [title III, Sec. 308(a)], Nov. 29, 1999, 113 Stat. 1535,
1501A-37; Pub. L. 106-518, title II, Secs. 210, 211, Nov. 13, 2000, 114
Stat. 2415.)
References in Text
The effective date of the Criminal Justice Act Revision of 1986,
referred to in subsec. (d)(1), is, with qualifications, 120 days after
Nov. 14, 1986. See section 105 of Pub. L. 99-651, set out below as an
Effective Date of 1986 Amendment note.
Section 5305 of title 5, referred to in subsec. (d)(1), was amended
generally by Pub. L. 101-509, title V, Sec. 529 [title I,
Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1436, and, as so amended,
does not relate to adjustments in the rate of pay under the General
Schedule. See section 5303 of Title 5, Government Organization and
Employees.
The amendment made by paragraph (4), referred to in subsec.
(d)(4)(F), probably means the amendment by section 308 of Pub. L. 105-
119, which struck out former par. (4) of subsec. (d) and inserted the
new par. (4).
Enactment of this Act, referred to in subsec. (d)(4)(F), probably
means the date of enactment of Pub. L. 105-119, which enacted subsec.
(d)(4) of this section and was approved Nov. 26, 1997.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (g)(2)(A), are classified to section
3301 et seq. of Title 5.
Amendments
2000--Subsec. (d)(1). Pub. L. 106-518, Sec. 211, substituted
``Attorneys may be reimbursed for expenses reasonably incurred,
including the costs of transcripts authorized by the United States
magistrate 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 or the court shall make
determinations relating to reimbursement of expenses under this
paragraph.'' for ``Attorneys shall be reimbursed for expenses reasonably
incurred, including the costs of transcripts authorized by the United
States magistrate or the court.''
Subsec. (d)(2). Pub. L. 106-518, Sec. 210(4), (5), inserted after
second sentence ``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.'' and
substituted ``$1,200'' for ``$750'' in last sentence.
Pub. L. 106-518, Sec. 210(1)-(3), in first sentence, substituted
``$5,200'' for ``$3,500'' and ``$1,500'' for ``$1,000'', in second
sentence, substituted ``$3,700'' for ``$2,500'', and in third sentence,
substituted ``$1,200'' for ``$750'' and ``$3,900'' for ``$2,500''.
1999--Subsec. (d)(4)(D)(vi). Pub. L. 106-113 inserted ``, 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'' after ``require''.
1997--Subsec. (d)(4). Pub. L. 105-119 reenacted par. heading without
change and amended text generally. Prior to amendment, text read as
follows: ``The amounts paid under this subsection, for representation in
any case, shall be made available to the public.''
1996--Subsec. (d)(4) to (7). Pub. L. 104-132, Sec. 903(a)(1), added
par. (4) and redesignated former pars. (4) to (6) as (5) to (7),
respectively.
Subsec. (e)(4). Pub. L. 104-132, Sec. 903(a)(2), added par. (4).
1988--Subsec. (a)(1)(J). Pub. L. 100-690, Sec. 7101(f)(1), added
subpar. (J).
Subsec. (d)(2). Pub. L. 100-690, Sec. 7101(f)(2), inserted
provisions at end to representation of offender before United States
Parole Commission, and in appeal from determination of such Commission.
1987--Subsec. (a)(1)(E) to (I). Pub. L. 100-182 added subpar. (E)
and redesignated former subpars. (E) to (H) as (F) to (I), respectively.
1986--Subsec. (a). Pub. L. 99-651, Sec. 103, made technical
amendments to Pub. L. 98-473, Sec. 223(e), see 1984 Amendment note
below.
Pub. L. 99-651, Sec. 102(a)(1), substituted ``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:'' and pars. (1)
to (3) for prior provisions which read as follows: ``(1) who is charged
with a felony or misdemeanor (other than a petty offense as defined in
section 1 of this title) or with juvenile delinquency by the commission
of an act which, if committed by an adult, would be such a felony or
misdemeanor or with a violation of probation, (2) who is under arrest,
when such representation is required by law, (3) who is subject to
revocation of parole, in custody as a material witness, or seeking
collateral relief, as provided in subsection (g), (4) whose mental
condition is the subject of a hearing pursuant to chapter 313 of this
title, or (5) for whom the Sixth Amendment to the Constitution requires
the appointment of counsel or for whom, in a case in which he faces loss
of liberty, any Federal law requires the appointment of counsel.
Representation under each plan shall include counsel and investigative,
expert, and other services necessary for an adequate defense. Each plan
shall include a provision for private attorneys. The plan may include,
in addition to a provision for private attorneys in a substantial
proportion of cases, either of the following or both:
``(1) attorneys furnished by a bar association or a legal aid
agency; or
``(2) attorneys furnished by a defender organization established
in accordance with the provisions of subsection (h).''
Subsec. (b). Pub. L. 99-651, Sec. 102(a)(2), substituted ``In every
case in which a person entitled to representation under a plan approved
under subsection (a)'' for ``In every criminal case in which the
defendant is charged with a felony or a misdemeanor (other than a petty
offense as defined in section 1 of this title) or with juvenile
delinquency by the commission of an act which, if committed by an adult,
would be such a felony or misdemeanor or with a violation of probation
and'' and substituted ``person'' for ``defendant'' and ``persons'' for
``defendants'' wherever appearing.
Subsec. (d)(1). Pub. L. 99-651, Sec. 102(a)(3)(A), substituted
``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 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 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'' for ``court. Such
attorney''.
Subsec. (d)(2). Pub. L. 99-651, Sec. 102(a)(3)(B), substituted
``$3,500'' for ``$2,000'', ``$1,000'' for ``$800'', ``$2,500'' for
``$2,000'', and substituted provision that for any other representation
required or authorized by this section, the compensation shall not
exceed $750 for each attorney in each proceeding, for provision that for
representation in connection with a post-trial motion made after the
entry of judgment or in a probation revocation proceeding or for
representation provided under subsection (g) the compensation could not
exceed $500 for each attorney in each proceeding in each court.
Subsec. (d)(3). Pub. L. 99-651, Sec. 102(a)(3)(C), inserted
provision that the chief judge of the circuit may delegate such approval
authority to an active circuit judge.
Subsec. (d)(4). Pub. L. 99-651, Sec. 102(a)(3)(D), substituted
``provided representation to the person involved'' for ``represented the
defendant''.
Subsec. (e)(1). Pub. L. 99-651, Sec. 102(a)(4)(A), substituted
``adequate representation'' for ``an adequate defense''.
Subsec. (e)(2). Pub. L. 99-651, Sec. 102(a)(4)(B), designated
existing provisions as subpar. (A), and substituted reference to
adequate representation for reference to an adequate defense, inserted
exception relating to subpar. (B), increased the authorized amount for
services from $150 to $300, and added subpar. (B).
Subsec. (e)(3). Pub. L. 99-651, Sec. 102(a)(4)(C), substituted
``$1,000'' for ``$300'' and inserted provision that the chief judge of
the circuit may delegate such approval authority to an active circuit
judge.
Subsec. (g). Pub. L. 99-651, Sec. 102(b)(1), redesignated subsec.
(h) as (g), and struck out former subsec. (g) which provided for
discretionary appointments by the court or magistrate.
Subsec. (g)(2)(A), formerly (h)(2)(A). Pub. L. 99-651,
Sec. 102(a)(5)(A), substituted ``in accordance with section 605 of title
28'' for ``similarly as under title 28, United States Code, section 605,
and subject to the conditions of that section'', and after fourth
sentence inserted provision authorizing the continuation in office, upon
a majority vote of the judges of the court of appeals, of a Federal
Public Defender whose term has expired until appointment of a successor
or until one year after the expiration of such Defender's term,
whichever is earlier.
Subsec. (g)(2)(B), formerly (h)(2)(B). Pub. L. 99-651,
Sec. 102(a)(5)(B), substituted ``for the next fiscal year'' for ``for
the coming year'' in introductory provisions.
Subsec. (g)(3), formerly (h)(3). Pub. L. 99-651, Sec. 102(a)(5)(C),
added par. (3).
Subsec. (h). Pub. L. 99-651, Sec. 102(b)(1), redesignated subsec.
(i) as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 99-651, Sec. 102(a)(6), (b)(1), redesignated
subsec. (j) as (i) and inserted provision for funding continuing
education and training of persons providing representational services
under this section. Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 99-651, Sec. 102(b), redesignated subsec. (k)
as (j), and amended subsec. (j) generally to include the District Court
for the Northern Mariana Islands. Former subsec. (j) redesignated (i).
Subsecs. (k), (l). Pub. L. 99-651, Sec. 102(a)(7), (b)(1),
redesignated subsec. (l) as (k) and substituted ``this section shall
apply'' for ``this Act, other than subsection (h) of section 1, shall
apply'' and ``this section shall not apply'' for ``this Act shall not
apply''. Former subsec. (k) redesignated (j).
1984--Subsec. (a). Pub. L. 98-473, Sec. 405(a), added cl. (4) and
redesignated former cl. (4) as (5).
Subsec. (a)(1)(A). Pub. L. 98-473, Sec. 223(e)(1), as amended by
Pub. L. 99-651, Sec. 103, substituted ``Class A misdemeanor'' for
``misdemeanor (other than a petty offense as defined in section 1 of
this title)''.
Subsec. (a)(1)(E) to (I). Pub. L. 98-473, Sec. 223(e)(2), as amended
by Pub. L. 99-651, Sec. 103, redesignated subpars. (F) to (I) as (E) to
(H), respectively, and struck out former subpar. (E) which required that
representation be provided for any financially eligible person who was
entitled to appointment of counsel in parole proceedings under chapter
311 of this title.
Subsec. (a)(2)(A). Pub. L. 98-473, Sec. 223(e)(3), as amended by
Pub. L. 99-651, Sec. 103, substituted ``Class B or C misdemeanor, or an
infraction'' for ``petty offense''.
Subsec. (d)(1). Pub. L. 98-473, Sec. 1901(1)-(3), substituted
``$60'' for ``$30'' and ``$40'' for ``$20'', and struck out ``, or such
other hourly rate, fixed by the Judicial Council of the Circuit, not to
exceed the minimum hourly scale established by a bar association for
similar services rendered in the district'' at end of first sentence.
Subsec. (d)(2). Pub. L. 98-473, Sec. 1901(4)-(6), substituted
``$2,000'' for ``$1,000'' in two places, ``$800'' for ``$400'', and
``$500'' for ``$250''.
Subsec. (g). Pub. L. 98-473, Sec. 405(b), struck out reference to
section 4245 of title 18.
1982--Subsec. (h)(2)(A). Pub. L. 97-164, Sec. 206(a), substituted
``court of appeals'' for ``judicial council'' wherever appearing and
``court of appeals of the circuit'' for ``Judicial Council of the
Circuit''.
Subsec. (i). Pub. L. 97-164, Sec. 206(b), substituted ``court of
appeals'' for ``judicial council''.
1974--Subsec. (l). Pub. L. 93-412 substituted ``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 Act shall not apply to the Superior Court of the
District of Columbia and the District of Columbia Court of Appeals'',
for ``shall be applicable in the District of Columbia'', and struck out
provisions that the plan of the District of Columbia shall be approved
jointly by the Judicial Council of the District of Columbia Circuit and
the District of Columbia Court of Appeals.
1970--Subsec. (a). Pub. L. 91-447, Sec. 1(a), expanded coverage of
district court plan for furnishing representation to financially
disabled persons to include defendants charged with violation of
probation, any person under arrest when such representation is required
by law, any person who is subject to revocation of parole, in custody as
a material witness, or seeking collateral relief as provided in subsec.
(g) of this section, and any person for whom the Sixth Amendment to the
Constitution requires appointment of counsel or for whom, in a case in
which he faces loss of liberty, any Federal law requires the appointment
of counsel, and required each plan to include a provision for
participation by private attorneys in a substantial proportion of cases,
as well as permitting attorneys to be furnished by bar, legal aid, or
defender organizations in accordance with subsec. (h) of this section.
Subsec. (b). Pub. L. 91-447, Sec. 1(a), provided for appointment of
counsel from a bar association, legal aid agency, or defender
organization as well as from a panel of attorneys approved by the court,
expanded advice to defendant of right to appointment of counsel where
defendant is charged with juvenile delinquency by the commission of an
act which, if committed by an adult, would be a felony or misdemeanor or
with violation of probation, and provided for appointment of counsel to
be retroactive so as to include any representation furnished pursuant to
the plan prior to appointment.
Subsec. (c). Pub. L. 91-447, Sec. 1(a), expanded the scope of
representation by appointed counsel to include ancillary matters
appropriate to the proceedings.
Subsec. (d). Pub. L. 91-447, Sec. 1(a), raised the rate of
compensation not to exceed $30 per hour for time expended in court and
$20 per hour for time reasonably expended out of court, increased the
limit to $1,000 for each attorney in a case involving one or more
alleged felonies and $400 for each attorney in a case in which one or
more misdemeanors are charged, established a $1,000 maximum for each
attorney in each court for cases on appeal and provided a $250 maximum
for each attorney for representation in connection with a post-trial
motion, probation revocation proceedings and matters covered by subsec.
(g) such as parole revocation and collateral relief proceedings,
provided for waiver of maximum amounts and payment in excess of those
amounts for extended or complex representation upon approval of the
chief judge of the circuit, provided for separate claims of compensation
to be submitted to the appropriate court, thus a U.S. magistrate fixes
compensation in cases before him, appellate court fixes compensation in
cases before it and in all other instances claims are to be made to the
district court, provided a court order granting a new trial is deemed to
initiate a new case for the purpose of compensation, and facilitate
appellate proceedings by allowing a defendant for whom counsel is
appointed to appeal or petition for a writ of certiorari without
prepayment of fees and cost of security therefore and without filing the
affidavit required by section 1915(a).
Subsec. (e). Pub. L. 91-447, Sec. 1(a), limited to $150, plus
reasonable expenses, subject to later review and approval by the court,
the cost of investigative, expert, or other services necessary for an
adequate defense where these services are obtained without prior
authorization because circumstances prevented counsel from securing
prior court authorization, maintained existing limit on payment for
authorized services at a $300 maximum but permitted waiver of that
maximum if the court certifies that payment in excess of that limit is
necessary to provide fair compensation, and provided that the amount of
any excess payment must be approved by the chief judge of the circuit.
Subsec. (f). Pub. L. 91-447, Sec. 1(a), substantially reenacted
subsec. (f).
Subsecs. (g) to (k). Pub. L. 91-447, Sec. 1(b), added subsecs. (g)
and (h) and redesignated existing subsecs. (g) to (i) as (i) to (k),
respectively.
Subsec. (l). Pub. L. 91-447, Sec. 1(c), added subsec. (l).
1968--Subsecs. (b) to (d). Pub. L. 90-578 substituted ``United
States magistrate'' for ``United States commissioner'' wherever
appearing.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title III, Sec. 308(b)],
Nov. 29, 1999, 113 Stat. 1535, 1501A-37, provided that: ``This section
[amending this section] shall apply to all disclosures made under
section 3006A(d) of title 18, United States Code, related to any
criminal trial or appeal involving a sentence of death where the
underlying alleged criminal conduct took place on or after April 19,
1995.''
Effective Date of 1996 Amendment
Section 903(c) of Pub. L. 104-132 provided that: ``The amendments
made by this section [amending this section and section 848 of Title 21,
Food and Drugs] apply to--
``(1) cases commenced on or after the date of the enactment of
this Act [Apr. 24, 1996]; and
``(2) appellate proceedings, in which an appeal is perfected, on
or after the date of the enactment of this Act.''
Effective Date of 1987 Amendment
Section 26 of Pub. L. 100-182 provided that: ``The amendments made
by this Act [amending this section, sections 3553, 3561, 3563, 3564,
3583, 3663, 3672, 3742, and 4106 of this title, section 994 of Title 28,
Judiciary and Judicial Procedure, and sections 504 and 1111 of Title 29,
Labor, enacting provisions set out as notes under sections 3551 and 3553
of this title, rule 35 of the Federal Rules of Criminal Procedure, set
out in the Appendix to this title, and section 994 of Title 28, and
amending provisions set out as a note under section 3551 of this title]
shall apply with respect to offenses committed after the enactment of
this Act [Dec. 7, 1987].''
Effective Date of 1986 Amendment
Section 105 of title I of Pub. L. 99-651 provided that: ``This title
and the amendments made by this title [amending this section and section
1825 of Title 28, Judiciary and Judicial Procedure, and enacting
provisions set out as a note under this section] shall take effect one
hundred and twenty days after the date of enactment of this Act [Nov.
14, 1986]. The maximum hourly rates provided in section 3006A(d)(1) of
title 18, United States Code, as amended by section 102(a)(3)(A) of this
Act, shall apply only to services performed on or after the effective
date of this title. The maximum allowed for compensation for a case, as
provided in section 3006A(d)(2) of title 18, United States Code, as
amended by section 102(a)(3)(B) of this Act, shall apply only to
compensation claims in which some portion of the claim is for services
performed on or after the effective date of this title. The maximum
compensation allowed pursuant to section 3006A(e) of title 18, United
States Code, as amended by subparagraphs (B) and (C) of section
102(a)(4) of this Act, shall apply only to services obtained on or after
the effective date of this title.''
Effective Date of 1984 Amendment
Amendment by section 223(e) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1974 Amendment
Section 4 of Pub. L. 93-412 provided in part that the amendment of
subsec. (l) of this section by Pub. L. 93-412 shall take effect on Sept.
3, 1974.
Effective Date of 1970 Amendment
Section 3 of Pub. L. 91-447 provided that: ``The amendments made by
section 1 of this Act [amending this section] shall become effective one
hundred and twenty days after the date of enactment [Oct. 14, 1970].''
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates [now United
States magistrate judges] and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section
403 of Pub. L. 90-578, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
Short Title of 1986 Amendment
Section 101 of title I of Pub. L. 99-651 provided that: ``This title
[amending this section and section 1825 of Title 28, Judiciary and
Judicial Procedure, and enacting provisions set out as a note under this
section] may be referred to as the `Criminal Justice Act Revision of
1986'.''
Short Title of 1984 Amendment
Section 1901 of chapter XIX (Sec. 1901) of title II of Pub. L. 98-
473 provided in part that: ``This chapter [amending this section] may be
cited as the `Criminal Justice Act Revision of 1984'.''
Short Title
Section 1 of Pub. L. 88-455 provided: ``That this Act [enacting this
section and provisions set out as a note under this section] may be
cited as the `Criminal Justice Act of 1964.' ''
Savings Provision
Section 206(c) of Pub. L. 97-164 provided that: ``The amendments
made by subsection (a) of this section [amending subsec. (h)(2)(A) of
this section] shall not affect the term of existing appointments.''
Award of Attorney's Fees and Litigation Expenses to Defense
Section 617 of Pub. L. 105-119 provided that: ``During fiscal year
1998 and in any fiscal year thereafter, the court, in any criminal case
(other than a case in which the defendant is represented by assigned
counsel paid for by the public) pending on or after the date of the
enactment of this Act [Nov. 26, 1997], may award to a prevailing party,
other than the United States, a reasonable attorney's fee and other
litigation expenses, where the court finds that the position of the
United States was vexatious, frivolous, or in bad faith, unless the
court finds that special circumstances make such an award unjust. Such
awards shall be granted pursuant to the procedures and limitations (but
not the burden of proof) provided for an award under section 2412 of
title 28, United States Code. To determine whether or not to award fees
and costs under this section, the court, for good cause shown, may
receive evidence ex parte and in camera (which shall include the
submission of classified evidence or evidence that reveals or might
reveal the identity of an informant or undercover agent or matters
occurring before a grand jury) and evidence or testimony so received
shall be kept under seal. Fees and other expenses awarded under this
provision to a party shall be paid by the agency over which the party
prevails from any funds made available to the agency by appropriation.
No new appropriations shall be made as a result of this provision.''
Government Rates of Travel for Criminal Justice Act Attorneys and
Experts
Pub. L. 102-572, title VII, Sec. 702, Oct. 29, 1992, 106 Stat. 4515,
provided that: ``The Administrator of General Services, in entering into
contracts providing for special rates to be charged by Federal
Government sources of supply, including common carriers and hotels (or
other commercial providers of lodging) for official travel and
accommodation of Federal Government employees, shall provide for
charging the same rates for attorneys, experts, and other persons
traveling primarily in connection with carrying out responsibilities
under section 3006A of title 18, United States Code, including community
defender organizations established under subsection (g) of that
section.''
Study of Federal Defender Program
Pub. L. 101-650, title III, Sec. 318, Dec. 1, 1990, 104 Stat. 5116,
as amended by Pub. L. 102-198, Sec. 9, Dec. 9, 1991, 105 Stat. 1626,
directed Judicial Conference of the United States to conduct a study of
effectiveness of Federal defender program and to transmit a report on
results of study to Committees on the Judiciary of Senate and House of
Representatives no later than Mar. 31, 1993, with report to include
recommendations for legislation, a proposed formula for compensation of
Federal defender program counsel, and suggestions for procedural and
operational changes by courts.
Funds for Payment of Compensation and Reimbursement
Pub. L. 101-45, title II, Sec. 102, June 30, 1989, 103 Stat. 122,
provided in part: ``That compensation and reimbursement of attorneys and
others as authorized under section 3006A of title 18, United States
Code, and section 1875(d) of title 28, United States Code, may
hereinafter be paid from funds appropriated for `Defender Services' in
the year in which payment is required.''
Certification by Attorney General to Administrative Office of United
States Courts of Payment of Obligated Expenses
Section 5(c) of Pub. L. 95-144, Oct. 28, 1977, 91 Stat. 1222,
provided that: ``The Attorney General shall certify to the
Administrative Office of the United States Courts those expenses which
it is obligated to pay on behalf of an indigent offender under section
3006A of title 18, United States Code, and similar statutes.''
Power and Function of a United States Commissioner
Section 2 of Pub. L. 91-447 provided that a United States
commissioner for a district could exercise any power, function, or duty
authorized to be performed by a United States magistrate under the
amendments made by section 1 of Pub. L. 91-447, which amended this
section, if such commissioner had authority to perform such power,
function, or duty prior to the enactment of such amendments.
Submission of Plans
Section 3 of Pub. L. 88-455 directed each district court to submit a
plan in accord with section 3006A of this title and the rules of the
Judicial Conference of the United States to the judicial council of the
circuit within 6 months from Aug. 20, 1964, further directed each
judicial council to approve and send to the Administrative Office of the
United States courts a plan for each district in its circuit within 9
months from Aug. 20, 1964, and also directed each district court and
court of appeals to place its approved plan in operation within 1 year
from Aug. 20, 1964.
Section Referred to in Other Sections
This section is referred to in sections 983, 3162, 3626, 4109, 4247
of this title; title 8 section 1534; title 10 section 876b; title 28
sections 753, 1825, 1875, 2254, 2255, 2671; title 42 section 1997e;
title 48 section 1824.
