§ 3006A.
(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;
(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
(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.
(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
See References in Text note below.
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
So in original. Probably should be “United States magistrate judge”.
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.
(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(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.
(Added [Pub. L. 88–455, § 2], Aug. 20, 1964, [78 Stat. 552]; amended [Pub. L. 90–578, title III, § 301(a)(1)], Oct. 17, 1968, [82 Stat. 1115]; [Pub. L. 91–447, § 1], Oct. 14, 1970, [84 Stat. 916]; [Pub. L. 93–412, § 3], Sept. 3, 1974, [88 Stat. 1093]; [Pub. L. 97–164, title II, § 206(a)], (b), Apr. 2, 1982, [96 Stat. 53]; [Pub. L. 98–473, title II], §§ 223(e), 405, 1901, Oct. 12, 1984, [98 Stat. 2028], 2067, 2185; [Pub. L. 99–651, title I], §§ 102, 103, Nov. 14, 1986, [100 Stat. 3642], 3645; [Pub. L. 100–182, § 19], Dec. 7, 1987, [101 Stat. 1270]; [Pub. L. 100–690, title VII, § 7101(f)], Nov. 18, 1988, [102 Stat. 4416]; [Pub. L. 101–650, title III, § 321], Dec. 1, 1990, [104 Stat. 5117]; [Pub. L. 104–132, title IX, § 903(a)], Apr. 24, 1996, [110 Stat. 1318]; [Pub. L. 105–119, title III, § 308], Nov. 26, 1997, [111 Stat. 2493]; [Pub. L. 106–113, div. B, § 1000(a)(1) [title III, § 308(a)]], Nov. 29, 1999, [113 Stat. 1535], 1501A–37; [Pub. L. 106–518, title II], §§ 210, 211, Nov. 13, 2000, [114 Stat. 2415]; [Pub. L. 108–447, div. B, title III, § 304], Dec. 8, 2004, [118 Stat. 2894]; [Pub. L. 110–406], §§ 11–12(b), Oct. 13, 2008, [122 Stat. 4293], 4294; [Pub. L. 111–174, § 7], May 27, 2010, [124 Stat. 1217].)